2023 Annual Report

 

 

 

1)

Section

Repealed Chapter Numbers:

 

1-8-1

125 and 126

 

 

1-8-1. [Repealed]


 

 

 

 

2)

Section

Added Chapter Numbers:

 

1-8-1.1

125 and 126

 

 

1-8-1.1. Definitions.

     When used in this chapter:

     (124) "Unpiloted aircraft systems" or "UAS" means an unpiloted aerial vehicle and

associated elements and support equipment required for the safe and efficient operation of the

UAV.

     (213) "Unpiloted aerial vehicle" or "UAV" means a powered aerial vehicle that:

     (i) Does not carry a human operator and is operated without the possibility of direct human

intervention from within or on the aircraft;

     (ii) Uses aerodynamic forces to provide vehicle lift;

     (iii) Can fly autonomously or be piloted remotely;

     (iv) Weighs less than fifty-five pounds (55 lbs.).

     (31) "Municipality" means any city., Town town, or incorporated village within the state.

     (42) "Operate" or "operation" means to fly, pilot, control, direct, or program the flight of

an unpiloted aircraft system.


 

 

 

 

 

 

3)

Section

Added Chapter Numbers:

 

1-8-1.2

125 and 126

 

 

1-8-1.2. Regulation of unpiloted aircraft systems.

     (a) Any operation of a UAV or UAS in the state shall comply with all applicable Federal

Aviation Administration ("FAA") requirements. Any UAV or UAS operating under the authority

of the Armed Forces of the United States, Department of Homeland Services Security or any other

federal agency having authority shall be exempt from this law.

     (b) Any person who operates a UAV or UAS in violation of this chapter shall be subject to

penalty in accordance with § 1-4-19.

     (c) No municipality shall enact or enforce any ordinance regulating the operation of UAVs

or UASs except as otherwise authorized by regulation or guideline promulgated by the Federal

Aviation Administration or the Rhode Island general laws.


 

 

 

 

 

 

 

4)

Section

Amended Chapter Numbers:

 

2-1-10.1

197 and 198

 

 

2-1-10.1. Assent to food safety modernization act.

     The state of Rhode Island assents to the provisions of the act of Congress entitled “FDA

Food Safety Modernization Act,” 21 U.S.C. § 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform:

     (i1) Perform those acts relating to produce on the farm that may be necessary for the

modernization of the safety of the food supply, as defined in that act of Congress, in compliance

with that act and with the rules and regulations promulgated by the Food and Drug Administration

that are consistent with that act.; and

     (ii2) Perform those acts relating to the Preventive Controls for Animal Food (PCAF)

regulation in compliance with that act and with the rules and regulations promulgated by the Food

and Drug Administration that are consistent with that act.


 

 

5)

Section

Amended Chapter Numbers:

 

2-7-4

197 and 198

 

 

2-7-4. Registration.

     (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer

or by that person whose name appears upon the label before being distributed in this state. The

application for registration shall be submitted to the director on a form furnished by the director,

and shall be accompanied by a fee of one hundred dollars ($100) per brand or grade registered.

     (1) All revenues received from registration fees shall be deposited as general revenues.

     (2) All applications for registration shall be accompanied by a label or true copy of the

label.

     (3) Upon approval by the director, a copy of the registration shall be furnished to the

applicant.

     (4) All registrations expire on December 31 of each year.

     (5) The application shall include the following information:

     (i) The brand and grade;

     (ii) The guaranteed analysis; and

     (iii) The name and address of the registrant.

     (b) A distributor is not required to register any commercial fertilizer that is already

registered under this chapter by another person, providing the label does not differ in any respect.

     (c) A distributor is not required to register each grade of commercial fertilizer formulated

according to specifications that are furnished by a consumer prior to mixing.

     (d) The plant nutrient content of each and every brand and grade of commercial fertilizer

must remain uniform for the period of registration.

     (e) The director may require that the registration and fees required by this section be paid

electronically.

     (f) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

 

 

6)

Section

Amended Chapter Numbers:

 

2-7-6

197 and 198

 

 

2-7-6. Tonnage reports, tonnage fees.

     (a) There shall be paid to the department of environmental management for all commercial

fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided,

that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar

($1.00) are waived. All registration and tonnage fees received by the director under the provisions

of this chapter shall be deposited into the general fund as general revenue.

     (b) Every person who distributes a commercial fertilizer in this state shall file with the

director, on forms furnished by the director, an annual tonnage report, under oath, for the twelve-

12)month (12) period ending June 30th. The report shall set forth the net tons of each grade of

commercial fertilizer distributed in this state during the twelve-(12)month (12) period.

     (c) The tonnage report and tonnage fee are due on or before July 15th following the close

of the annual period. The tonnage fee is at the rate stated in subsection (a).

     (d) If the tonnage report is not filed and/or the tonnage fee not made on or before August

1st, following the close of the annual period, a collection fee amounting to ten percent (10%) (ten

dollars ($10.00) minimum) of the amount shall be assessed against the registrant, and the amount

of fees due shall constitute a debt and become the basis of a judgment against the registrant. The

director, however, in his or her the director’s discretion, may grant a reasonable extension of time.

No information furnished the director under this section shall be disclosed in a way as to divulge

the operation of any person.

     (e) When more than one person is involved in the distribution of a commercial fertilizer,

the last person who has the fertilizer registered and who distributes to a non-registrant (dealer or

consumer) is responsible for reporting and paying the tonnage fee, unless the report and payment

is made by a prior distributor of a fertilizer.

     (f) All moneys for the commercial fertilizer program shall be made available to the director

for the following purposes:

     (1) To support the feed and fertilizer testing laboratory for the testing and analysis of

commercial fertilizers distributed within this state for the expressed purpose of detection of

deficiency; and

     (2) For payment of ancillary services, personnel, and equipment incurred in order to carry

out the purposes of quality assurance defined by this chapter.

     (g) The director may require that all reports and fees required by this section be submitted

electronically.

     (h) In addition to the tonnage fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration fee per report.


 

 

7)

Section

Amended Chapter Numbers:

 

2-21-6

197 and 198

 

 

2-21-6. Registration.

     (a) Each separately identified product shall be registered before being distributed in this

state. The application for registration shall be submitted to the director on forms furnished by the

director and shall be accompanied by a fee of twenty dollars ($20.00) per product. Upon approval

by the director, a copy of the registration shall be furnished to the applicant. All registrations expire

on December 31st of each year.

     (b) A distributor is not required to register any brand of agricultural liming material which

that is already registered under this chapter by another person, providing the label does not differ

in any respect.

     (c) The director may require that the registration and fees required by this section be paid

electronically.

     (d) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

8)

Section

Amended Chapter Numbers:

 

2-21-7

197 and 198

 

 

2-21-7. Reporting of tonnage.

     (a) Within thirty (30) days following the expiration of registration, each registrant shall

submit on forms furnished by the director an annual statement under oath for the twelve-(12)month

(12) period ending the calendar year, setting forth the number of net tons of each agricultural liming

material sold by him the registrant for use in the state during that calendar year. No tonnage fee

is required on agricultural liming materials being offered for sale in this state.

     (b) The director shall publish and distribute annually, to each agricultural liming material

registrant or other interested persons a composite report showing the tons of agricultural liming

material sold in the state. This report shall in no way divulge the operation of any registrant.

     (c) The director may require that the report required by this section be submitted

electronically.


 

 

9)

Section

Amended Chapter Numbers:

 

2-22-5

197 and 198

 

 

2-22-5. Registration — Tonnage report and fee.

     (a) Each separately identified product shall be registered before being distributed in this

state. The application for registration shall be submitted to the director of environmental

management on forms furnished or approved by the director and be accompanied by a fee of fifty

dollars ($50.00) per product. Upon approval by the director, a certified copy of the registration shall

be furnished to the applicant. All registrations expire on December 31st of each year. Each

manufacturer shall submit to the director a copy of labels and advertising literature with the

registration request for each soil amendment.

     (b) A distributor is not required to register any brand of soil amendment which that is

already registered under this chapter by another person, providing that the label does not differ in

any respect.

     (c) Before registering any soil amendment, the director may require evidence to

substantiate the claims made for the soil amendment and proof of the value and usefulness of the

soil amendment and of any process step during composting deemed essential to the safety of the

soil amendment as provided in subsections (c) and (d) of § 2-22-4.

     (d) The director may by regulation set the minimum amount of a soil amending ingredient

and soil amending ingredients that must be present before a soil amendment can be registered and

sold.

     (e) The director may through promulgation of regulations require a tonnage fee and/or

tonnage report annually. If required, the tonnage fee and tonnage report may be made on a

calculated equivalent of volume to tons on brands labeled by volume rather than weight.

     (f) The composter is required to register the operation with the director and shall identify

their organic and any inorganic inputs and processes used in the making of their compost. The

director shall set forth rules and regulations delineating the organic inputs allowed under the

following compost designations and shall collect the appropriate registration fee for the compost

operation. Compost classes are:

     (1) Horticultural grade, general use, one hundred fifty dollars ($150) per year;

     (2) Horticultural grade, mixed source general use, three hundred dollars ($300) per year;

     (3) Non-food crop use, one thousand dollars ($1,000) per year; and

     (4) Limited landscape use, two thousand five hundred dollars ($2,500) per year.

     (g) The director may require that all fees and registrations required by this section be

submitted electronically.

     (h) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

10)

Section

Amended Chapter Numbers:

 

3-7-19

41 and 42

 

 

3-7-19. Objection by adjoining property owners — Proximity to schools and

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, shall

not be issued to authorize the sale of beverages in any building where the owner of the greater part

of the land within two hundred feet (200′) of any point of the building files with the body or official

having jurisdiction to grant licenses his or her objection to the granting of the license, nor in any

building within two hundred feet (200′) of the premises of any public, private, or parochial school

or a place of public worship. In the city of East Providence, retailer’s Class A licenses shall not be

issued to authorize the sale of beverages in any building within five hundred feet (500′) of the

premises of any public, private, or parochial school, or a place of public worship.

     (b) As used in this section, “private school” means any nonpublic institution of elementary

or secondary (K-12th grade) education, accredited or recognized as a private school by the

department of elementary and secondary education or the school committee of the city or town

having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was issued

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

or disapproval of, the transfer of a Class B or C license where the location of the licensed

establishment predates the location of the public, private, or parochial school, or place of public

worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence River

to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden Street

to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

town of Warren which is designated as a limited business district or as a general business district

pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section as

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

city of Newport, provided that the applicant be an existing holder of a Retailers’ Class B license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

the Providence tax assessors map as of December 31, 1999, and any proposed retailer Class B

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor’s plat

9, and/or on lot 152 of tax assessor’s plat 9, of the Cranston tax assessor’s map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

Cranston under this exemption, whether said transfer is attributable to the holder’s death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003,

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

validly issued and outstanding Class B license designated for use in any location in the state of

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

shall be effective until the proposed Class B license and the underlying property owner is certified

to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

Central Falls line.

     (9) Notwithstanding the provisions of this section, the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

a proposed retailer’s Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 68, lot 732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 43, lot 211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

the city of Pawtucket shall, after application, have the authority to exempt from the provisions of

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

     (50) Notwithstanding the provisions of this section, the board of licenses in the town of

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence, shall after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

     (52) Notwithstanding the provisions of this section, the board of licenses of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

     (58) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section, any proposed retailer’s Class B license intended to be located on tax assessor’s Plat 19, Lot

617.

     (59) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B or Class BV licenses intended to be located at 499 Hope Street, Map 9,

Lot 75 of the applicable town of Bristol tax assessment map.


 

 

11)

Section

Amended Chapter Numbers:

 

3-7-19

188 and 189

 

 

3-7-19. Objection by adjoining property owners — Proximity to schools and

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, shall

not be issued to authorize the sale of beverages in any building where the owner of the greater part

of the land within two hundred feet (200′) of any point of the building files with the body or official

having jurisdiction to grant licenses his or her objection to the granting of the license, nor in any

building within two hundred feet (200′) of the premises of any public, private, or parochial school

or a place of public worship. In the city of East Providence, retailer’s Class A licenses shall not be

issued to authorize the sale of beverages in any building within five hundred feet (500′) of the

premises of any public, private, or parochial school, or a place of public worship.

     (b) As used in this section, “private school” means any nonpublic institution of elementary

or secondary (K-12th grade) education, accredited or recognized as a private school by the

department of elementary and secondary education or the school committee of the city or town

having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was issued

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

or disapproval of, the transfer of a Class B or C license where the location of the licensed

establishment predates the location of the public, private, or parochial school, or place of public

worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence River

to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden Street

to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

town of Warren which is designated as a limited business district or as a general business district

pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section as

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

city of Newport, provided that the applicant be an existing holder of a Retailers’ Class B license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

the Providence tax assessors map as of December 31, 1999, and any proposed retailer Class B

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor’s plat

9, and/or on lot 152 of tax assessor’s plat 9, of the Cranston tax assessor’s map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

Cranston under this exemption, whether said transfer is attributable to the holder’s death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003,

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

validly issued and outstanding Class B license designated for use in any location in the state of

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

shall be effective until the proposed Class B license and the underlying property owner is certified

to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

Central Falls line.

     (9) Notwithstanding the provisions of this section, the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

a proposed retailer’s Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 68, lot 732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 43, lot 211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

the city of Pawtucket shall, after application, have the authority to exempt from the provisions of

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

     (50) Notwithstanding the provisions of this section, the board of licenses in the town of

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence, shall after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

     (52) Notwithstanding the provisions of this section, the board of licenses of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

     (58) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section, any proposed retailer’s Class B license intended to be located on tax assessor’s Plat 19, Lot

617.

     (59) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) Notwithstanding the provisions of this section, the board of licenses of the town of

South Kingstown shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV license intended to be located at 357 Main Street, a/k/a

359 Main Street, Plat 56-3, Lot 50, of the applicable town of South Kingstown tax assessment map.


 

 

12)

Section

Amended Chapter Numbers:

 

3-7-19

387 and 388

 

 

3-7-19. Objection by adjoining property owners — Proximity to schools and

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, shall

not be issued to authorize the sale of beverages in any building where the owner of the greater part

of the land within two hundred feet (200′) of any point of the building files with the body or official

having jurisdiction to grant licenses his or her objection to the granting of the license, nor in any

building within two hundred feet (200′) of the premises of any public, private, or parochial school

or a place of public worship. In the city of East Providence, retailer’s Class A licenses shall not be

issued to authorize the sale of beverages in any building within five hundred feet (500′) of the

premises of any public, private, or parochial school, or a place of public worship.

     (b) As used in this section, “private school” means any nonpublic institution of elementary

or secondary (K-12th grade) education, accredited or recognized as a private school by the

department of elementary and secondary education or the school committee of the city or town

having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was issued

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

or disapproval of, the transfer of a Class B or C license where the location of the licensed

establishment predates the location of the public, private, or parochial school, or place of public

worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence River

to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden Street

to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

town of Warren which is designated as a limited business district or as a general business district

pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section as

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

city of Newport, provided that the applicant be an existing holder of a Retailers’ Class B license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

the Providence tax assessors map as of December 31, 1999, and any proposed retailer Class B

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor’s plat

9, and/or on lot 152 of tax assessor’s plat 9, of the Cranston tax assessor’s map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

Cranston under this exemption, whether said transfer is attributable to the holder’s death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003,

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

validly issued and outstanding Class B license designated for use in any location in the state of

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

shall be effective until the proposed Class B license and the underlying property owner is certified

to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

Central Falls line.

     (9) Notwithstanding the provisions of this section, the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

a proposed retailer’s Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 68, lot 732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 43, lot 211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

the city of Pawtucket shall, after application, have the authority to exempt from the provisions of

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

     (50) Notwithstanding the provisions of this section, the board of licenses in the town of

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence, shall after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

     (52) Notwithstanding the provisions of this section, the board of licenses of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

     (58) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section, any proposed retailer’s Class B license intended to be located on tax assessor’s Plat 19, Lot

617.

     (59) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B or Class BV licenses intended to be located at 225 Waterman Street,

Plat 14, Lot 508 of the applicable city of Providence tax assessment map.


 

 

 

13)

Section

Amended Chapter Numbers:

 

3-7-19

391 and 392

 

 

3-7-19. Objection by adjoining property owners — Proximity to schools and

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, shall

not be issued to authorize the sale of beverages in any building where the owner of the greater part

of the land within two hundred feet (200′) of any point of the building files with the body or official

having jurisdiction to grant licenses his or her objection to the granting of the license, nor in any

building within two hundred feet (200′) of the premises of any public, private, or parochial school

or a place of public worship. In the city of East Providence, retailer’s Class A licenses shall not be

issued to authorize the sale of beverages in any building within five hundred feet (500′) of the

premises of any public, private, or parochial school, or a place of public worship.

     (b) As used in this section, “private school” means any nonpublic institution of elementary

or secondary (K-12th grade) education, accredited or recognized as a private school by the

department of elementary and secondary education or the school committee of the city or town

having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was issued

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

or disapproval of, the transfer of a Class B or C license where the location of the licensed

establishment predates the location of the public, private, or parochial school, or place of public

worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence River

to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden Street

to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

town of Warren which is designated as a limited business district or as a general business district

pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section as

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

city of Newport, provided that the applicant be an existing holder of a Retailers’ Class B license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

the Providence tax assessors map as of December 31, 1999, and any proposed retailer Class B

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor’s plat

9, and/or on lot 152 of tax assessor’s plat 9, of the Cranston tax assessor’s map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

Cranston under this exemption, whether said transfer is attributable to the holder’s death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003,

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

validly issued and outstanding Class B license designated for use in any location in the state of

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

shall be effective until the proposed Class B license and the underlying property owner is certified

to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

Central Falls line.

     (9) Notwithstanding the provisions of this section, the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

a proposed retailer’s Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 68, lot 732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 43, lot 211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

the city of Pawtucket shall, after application, have the authority to exempt from the provisions of

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

     (50) Notwithstanding the provisions of this section, the board of licenses in the town of

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence, shall after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

     (52) Notwithstanding the provisions of this section, the board of licenses of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

     (58) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section, any proposed retailer’s Class B license intended to be located on tax assessor’s Plat 19, Lot

617.

     (59) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) Notwithstanding the provisions of this section, the board of licenses of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located at 136 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.


 

 

14)

Section

Amended Chapter Numbers:

 

3-7-19

393 and 394

 

 

3-7-19. Objection by adjoining property owners — Proximity to schools and

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, shall

not be issued to authorize the sale of beverages in any building where the owner of the greater part

of the land within two hundred feet (200′) of any point of the building files with the body or official

having jurisdiction to grant licenses his or her objection to the granting of the license, nor in any

building within two hundred feet (200′) of the premises of any public, private, or parochial school

or a place of public worship. In the city of East Providence, retailer’s Class A licenses shall not be

issued to authorize the sale of beverages in any building within five hundred feet (500′) of the

premises of any public, private, or parochial school, or a place of public worship.

     (b) As used in this section, “private school” means any nonpublic institution of elementary

or secondary (K-12th grade) education, accredited or recognized as a private school by the

department of elementary and secondary education or the school committee of the city or town

having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was issued

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

or disapproval of, the transfer of a Class B or C license where the location of the licensed

establishment predates the location of the public, private, or parochial school, or place of public

worship.

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence River

to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden Street

to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

town of Warren which is designated as a limited business district or as a general business district

pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section as

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

city of Newport, provided that the applicant be an existing holder of a Retailers’ Class B license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

the Providence tax assessors map as of December 31, 1999, and any proposed retailer Class B

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor’s plat

9, and/or on lot 152 of tax assessor’s plat 9, of the Cranston tax assessor’s map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

Cranston under this exemption, whether said transfer is attributable to the holder’s death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003,

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

validly issued and outstanding Class B license designated for use in any location in the state of

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

shall be effective until the proposed Class B license and the underlying property owner is certified

to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following described

area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

Central Falls line.

     (9) Notwithstanding the provisions of this section, the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

a proposed retailer’s Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 68, lot 732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located on tax assessor’s plat 43, lot 211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer’s Class B license intended to be located at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer’s Class B license intended to be located on Plat 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

the city of Pawtucket shall, after application, have the authority to exempt from the provisions of

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

     (50) Notwithstanding the provisions of this section, the board of licenses in the town of

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence, shall after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

     (52) Notwithstanding the provisions of this section, the board of licenses of the city of East

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer’s Class B license intended to be located at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

Barrington shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

Westerly shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

     (58) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section, any proposed retailer’s Class B license intended to be located on tax assessor’s Plat 19, Lot

617.

     (59) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 566 Plainfield

Street, Plat 108, Lot 55 of the applicable city of Providence tax assessment map.

     (62) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class BL license or Class BV license intended to be located at 777 Elmwood

Avenue, Plat 060, Lot 0001 of the applicable city of Providence tax assessment map.


 

 

15)

Section

Repealed Chapter Numbers:

 

4-7-14

197 and 198

 

 

4-7-14. [Repealed]


 

 

 

16)

Section

Amended Chapter Numbers:

 

4-7-16

197 and 198

 

 

4-7-16. License fees.

     The fee for the first license issued to any one individual or corporation in accordance with

this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The fee

for each additional license and set of number plates is twenty-five dollars ($25.00).


 

 

 

17)

Section

Amended Chapter Numbers:

 

4-11-2

197 and 198

 

 

4-11-2. Importation certificate.

     (a) No psittacine birds shall be shipped into Rhode Island unless a permit is obtained from

the director of environmental management prior to shipment certificate of veterinary inspection

accompanies the shipment of birds. The certificate of veterinary inspection must be compliant with

rules and regulations governing the importation of domestic animals (250-RICR-40-05-1).


 

 

 

18)

Section

Amended Chapter Numbers:

 

4-12-2

197 and 198

 

 

4-12-2. Definitions.

     As used in §§ 4-12-2 — 4-12-17 unless the context clearly requires otherwise, the

following terms mean:

     (1) “Abandoned colony or apiary” means any colony or apiary which that is not currently

registered and has not been registered within the preceding two (2) years and/or which that the

inspector is unable to locate the owner and is unable to inspect due to conditions within the colony

which render the colony or apiary uninspectable.

     (2) “Apiary” means any place or location where one or more colonies or nuclei of bees are

kept.

     (3) “Authorized official” means the state official authorized to inspect apiaries in the state

of origin of bees being transported into or through the state.

     (4) “Beekeeper” means any individual, person, firm, association, or corporation owning,

possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or

byproducts, or for the pollination of crops for either personal or commercial use.

     (5) “Beekeeping equipment” means all hives, hive bodies, supers, frames, combs, bottom

boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices

or boxes or other containers which that may have been used in the capturing or holding of swarms,

and including honey which may be or may have been used in or on any hive, colony, nuclei or used

in the rearing or manipulation of bees or their brood.

     (6) “Bees” means any stage of the common honey bee, apis mellifera, or other bees kept

for the production of honey, wax, or pollination.

     (7) “Colony” means the bees inhabiting a single hive, nuclei box, or dwelling place.

     (8) “Director” means the director of the Rhode Island department of environmental

management.

     (9) “Disease” means American foulbrood and any other infectious, contagious, or

communicable disease affecting bees or their brood.

     (10) “Eradicate” means the destruction and/or disinfection of infected and/or infested bees,

equipment and/or pests by burning or by treatment approved by the state inspector.

     (11) “Feral colony” means an unowned or unmanaged colony of bees existing naturally.

     (12) “Hive” means any man-made domicile with removable frames for keeping bees.

     (13) “Inspector” means a person appointed by the director to check for diseased conditions

or pest infestations in one or more apiaries as authorized by law.

     (14) “Pests” means the honey bee tracheal mite, Acarapis woodi; and the Varroa mite,

Varroa jacobsoni, and any other arthropod pests detrimental to honey bees; and genetic strains of

the Africanized sub species, Apis mellifera adansoni and/or Apis mellifera scutellata.

     (15) “Swarms” means a natural division of a colony in the process of becoming a feral

colony.


 

 

 

19)

Section

Amended Chapter Numbers:

 

4-12-8

197 and 198

 

 

4-12-8. Movement permit required — When — Form — Issuance Verbal

authorization.

     (a) It is unlawful to move, carry, transport, or ship bees, bees on comb, combs, or used

beekeeping equipment into the state unless accompanied by a valid permit issued by the director of

environmental management. Applications for a permit to transport bees or used beekeeping

equipment into the state shall be submitted on a form approved by the director. This application

form shall be accompanied by a certificate of health issued by the authorized official of the state

from which the bees are to be moved, certifying that the bees and used beekeeping equipment have

been inspected by an authorized official during a period of active brood rearing, within fifteen (15)

days prior to the proposed date of movement, and that these bees and used beekeeping equipment

were found apparently free from any diseases or pests. Each application shall disclose the number

of colonies of bees to be transported and a description of the location or locations where the bees

are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping

equipment into the state, accompanied by a proper certificate of health and application fee of fifty

dollars ($50.00) per application, the director shall issue the desired permit. This shall not apply to

honey bees from quarantined areas outside the state. These quarantines shall include all federal,

state, or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall

be in accordance with regulations made pursuant to this law.

     (b) Regardless of the provisions in subsection (a) of this section, the director has the

authority to issue a permit without inspection to the person or persons owning these bees and

equipment providing these bees and beekeeping equipment were certified and moved from the state

within fifteen (15) days prior to the desired date of reentry and if the director is satisfied these bees

and equipment have not been exposed to diseased bees, pests, or equipment. This section shall not

apply to bees or beekeeping equipment returning from quarantined areas.

     (c) A verbal authorization may be allowed by the director if the written permit outlined

above has been submitted and received in a timely manner but has not been returned by the time

the bees are to be moved.

     (d) Combless packages of bees or queens, or both, may be admitted into Rhode Island

without a Rhode Island permit, when accompanied by a valid certificate of inspection from the state

of origin stating that they are free of diseases and pests. This shall not apply to honey bees from

quarantined areas outside the state. These quarantines shall include all federal, state, or Rhode

Island exterior quarantines. Importation of honey bees from quarantined areas shall be in

accordance with regulations made pursuant to this law.


 

 

 

 

 

 

 

20)

Section

Added Chapter Numbers:

 

4-28

197 and 198

 

 

CHAPTER 28

ELECTRONIC PAYMENTS AND APPLICATIONS


 

 

 

21)

Section

Added Chapter Numbers:

 

4-28-1

197 and 198

 

 

4-28-1. Electronic payment of fees.

     (a) The director of the department of environmental management may require that any fee

owed to the department, pursuant to any chapter of title 4, be paid electronically.

     (b) In addition to specific fees owed to the department of environmental management,

pursuant to any chapter of title 4, the director of the department of environmental management may

charge a processing fee. The department shall set the amount of such fees through rules and

regulations, with processing fees not to exceed five percent (5%) of the original fee owed to the

department.


 

 

22)

Section

Added Chapter Numbers:

 

4-28-2

197 and 198

 

 

4-28-2. Electronic submission of applications and reports.

     The director of the department of environmental management may require that any

application or report required to be submitted to the department, pursuant to title 4, may be

submitted electronically.


 

 

23)

Section

Amended Chapter Numbers:

 

5-10-9

261 and 265

 

 

5-10-9. Classes of licenses.

     Licenses shall be divided into the following classes and shall be issued by the division to

applicants for the licenses who have qualified for each class of license:

     (1) A “hairdresser’s and cosmetician’s license” shall be issued by the division to every

applicant for the license who meets the requirements of § 5-10-8 and has completed a course of

instruction in hairdressing and cosmetology consisting of not less than twelve hundred (1,200) one

thousand (1,000) hours of continuous study and practice.

     (2) An “instructor’s license” shall be granted by the division to any applicant for the license

who has held a hairdresser’s and cosmetician’s license, a barber’s license, a manicurist’s license,

or an esthetician’s license, issued under the laws of this state or another state, for at least the three

(3) years preceding the date of application for an instructor’s license and:

     (i) Meets the requirements of § 5-10-8;

     (ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing

and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as

prescribed by regulation;

     (iii) Has satisfactorily passed a written and a practical examination approved by the

division to determine the fitness of the applicant to receive an instructor’s license;

     (iv) Has complied with § 5-10-10; and

     (v) Has complied with any other qualifications that the division prescribes by regulation.

     (3) A “manicurist license” shall be granted to any applicant for the license who meets the

following qualifications:

     (i) Meets the requirements of § 5-10-8; and

     (ii) Has completed a course of instruction, consisting of not less than three hundred (300)

hours of professional training in manicuring, in an approved school.

     (4) An “esthetician license” shall be granted to any applicant for the license who meets the

following qualifications:

     (i) Meets the requirements of § 5-10-8;

     (ii) Has completed a course of instruction in esthetics, consisting of not less than six

hundred (600) hours of continuous study and practice over a period of not less than four (4) months,

in an approved school of hairdressing and cosmetology; and

     (iii) Any applicant who holds a diploma or certificate from a skin-care school, that is

recognized as a skin-care school by the state or nation in which it is located, and meets the

requirements of subsection (4)(i) of this section, shall be granted a license to practice esthetics;

provided, that the skin-care school has a requirement that, in order to graduate from the school, a

student must have completed a number of hours of instruction in the practice of skin care, which

number is at least equal to the number of hours of instruction required by the division.

     (5) A “barber” license shall be issued by the division to every applicant for the license who

meets the requirements of § 5-10-8 and:

     (i) Has completed a course of instruction in barbering consisting of not less than one

thousand five hundred (1,500) hours of continuous study and practice in an approved school;

     (ii) Has possessed, for at least two (2) years prior to the filing of the application, a certificate

of registration in full force and effect from the department of health of the state specifying that

person as a registered, apprentice barber, and the application of that applicant is accompanied by

an affidavit, or affidavits, from his or her employer, or former employers, or other reasonably

satisfactory evidence showing that the applicant has been actually engaged in barbering as an

apprentice barber in the state during those two (2) years; or

     (iii) A combination of barber school training and apprenticeship training as determined by

the rules and regulations prescribed by the division.


 

 

 

24)

Section

Amended Chapter Numbers:

 

5-19.1-11

216 and 217

 

 

5-19.1-11. Nonresident pharmacy — Fees — Display — Declaration of ownership and

location.

     (a) Any pharmacy located outside this state that ships, mails, or delivers, in any manner,

legend drugs, controlled substances, or devices into this state is a nonresident pharmacy and shall

be licensed by the department. The nonresident pharmacy shall maintain at all times a valid

unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of

the state in which it is located. Any pharmacy subject to this section shall comply with the board

of pharmacy regulations of this state when dispensing legend drugs or devices to residents of this

state.

     (b) A pharmacy license will be issued to the owner who meets the requirements established

pursuant to this chapter or regulations. On and after December 1, 2024, for licenses issued or

renewed, the The owner of each pharmacy shall pay an original license fee to be determined by the

director, and annually thereafter, on or before a date to be determined by the director, of not less

than six hundred twenty-five dollars ($625), for which he or she the owner shall receive a license

of location that shall entitle the owner to operate the pharmacy at the specified location, or any

other temporary location as the director may approve, for the period ending on a date to be

determined by the director. Each owner shall, at the time of filing, provide proof of payment of the

fee and each owner shall file with the department, on a provided form, a declaration of ownership

and location. The declaration of ownership and location so filed shall be deemed presumptive

evidence of ownership of the pharmacy mentioned in the form. A license shall be issued to the

owner and premise listed on the form and shall not be transferred. A license issued pursuant to this

section shall be the property of the state and loaned to the licensee and it shall be kept posted in a

conspicuous place on the licensed premises. If a change in owner or premise listed in the form

occurs, the license shall become null and void.

     (c) It shall be the duty of the owner to immediately notify the department of any proposed

change of location or ownership.

     (d) In the event the license fee remains unpaid on the date due, no renewal or new license

shall be issued except upon payment of the license renewal fee.


 

 

 

25)

Section

Amended Chapter Numbers:

 

5-19.1-15

216 and 217

 

 

5-19.1-15. Pharmacy interns — License — Fees — Renewals.

     (a) Any person who is a graduate of an accredited program of pharmacy, or who is a student

enrolled in at least the third year of a professional program of an accredited program of pharmacy,

or any graduate of a foreign college of pharmacy who has obtained FPGEC certification may file

an application for licensure as a pharmacy intern with the department. He or she The applicant

shall be required to furnish any information that the board may, by regulation, prescribe and,

simultaneously with the filling filing of the application, shall pay to the department a fee to be

determined by the department. All licenses issued to pharmacy interns shall be valid for a period to

be determined by the department, however, for all pharmacy intern licenses issued or renewed on

or after December 1, 2024, shall be issued for a period not less than five (5) years, but in no instance

shall the license be valid if the individual is no longer making timely progress toward graduation.

No pharmacy student may serve an internship with a preceptor without holding a valid pharmacy

intern license from the board of pharmacy.

     (b) To ensure adequate practical instruction, pharmacy internship experience as required

under this chapter shall be obtained after licensure as a pharmacy intern by practice in any licensed

pharmacy or other program meeting the requirements promulgated by regulation of the board, and

shall include any instruction in the practice of pharmacy that the board by regulation shall prescribe.

     (c) Licensed pharmacy interns shall practice only under the immediate supervision of a

licensed pharmacist.


 

 

 

26)

Section

Amended Chapter Numbers:

 

5-19.1-16

216 and 217

 

 

5-19.1-16. Pharmacy technicians — License — Fees — Renewals.

     A pharmacy technician license shall be issued to any individual who meets the

requirements established under this chapter or by regulations. The pharmacy technician shall file

an application for licensure with the department and shall be required to furnish any information

that the board may, by regulation, prescribe and, simultaneously with the filing of the application,

shall pay a fee to the department to be determined by the department. All licenses issued to

pharmacy technicians shall be valid for a period to be determined by the department; however, for

all pharmacy technician licenses issued or renewed on or after December 1, 2024, shall be issued

for a period not less than two (2) years. No individual may serve as a pharmacy technician without

holding a valid pharmacy technician license from the board of pharmacy.


 

 

 

27)

Section

Amended Chapter Numbers:

 

5-19.1-20

216 and 217

 

 

5-19.1-20. License — Renewal — Fee display.

     Every licensed pharmacist who desires to practice pharmacy shall secure from the

department a license pursuant to the provisions of §§ 5-19.1-8 and 5-19.1-14, the fee for which

shall be determined by the director. The renewal fee shall also be determined in regulation by the

director, and, the renewal fee for any licensing period commencing on or after December 1, 2024,

shall not be more than two hundred fifty dollars ($250) biennially. Each licensing period shall

coincide with the continuing education requirement period, with the licensing period starting on

January 1 and ending on December 31 of each calendar year. The date of renewal may be

established by the director by regulation, and the department may by regulation extend the duration

of a licensing period. The current license shall be conspicuously displayed to the public in the

pharmacy to which it applies.


 

 

 

 

28)

Section

Amended Chapter Numbers:

 

5-20.7-2

163 and 164

 

 

5-20.7-2. Definitions.

     When used in this chapter, unless the context indicates otherwise:

     (1) “Appraisal” or “real estate appraisal” means an analysis, opinion, or conclusion relating

to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate.

An appraisal may be classified by subject matter into either a valuation or an analysis. A “valuation”

is an estimate of the value of real estate or real property. An “analysis” is a study of real estate or

real property other than estimating value.

     (2) “Appraisal Foundation” means the Appraisal Foundation incorporated as an Illinois

not-for-profit corporation on November 30, 1987. The purposes of the Appraisal Foundation are:

     (i) To establish and improve uniform appraisal standards by defining, issuing, and

promoting such standards;

     (ii) To establish appropriate criteria for the certification, licensing, and recertification of

qualified appraisers by defining, issuing, and promoting that qualification criteria; to disseminate

that qualification criteria to states, governmental entities, and others; and

     (iii) To develop or assist in the development of appropriate examinations for qualified

appraisers.

     (3) “Appraisal report” means any communication, written or oral, of an appraisal.

     (4) “Board” means the real-estate appraisal board established pursuant to the provisions of

this chapter.

     (5) “Certified appraisal” or “certified appraisal report” means an appraisal or appraisal

report given or signed and certified as such by a state-certified real estate appraiser or state-licensed

real estate appraiser. When identifying an appraisal or appraisal report as “certified,” the state-

certified real estate appraiser shall indicate on it whether he or she has been licensed or certified as

a residential or general state-certified real estate appraiser. A certified appraisal or appraisal report

represents to the public that it meets the appraisal standards defined in this chapter.

     (6) “Department” means the department of business regulation.

     (7) “Director” means the director of the department of business regulation.

     (8) “Real estate” means an identified parcel or tract of land, including improvements, if

any.

     (9) “Real property” means one or more defined interests, benefits, and rights inherent in

the ownership of real estate.

     (10) “State-certified real estate appraiser” means a person who develops and communicates

real estate appraisals reports and who holds a current, valid certificate issued to him or her them

for either general or residential real estate under the provisions of this chapter. A duly certified

appraiser is not required to hold a real estate broker’s or salesperson’s license under chapter 20.5

of this title.

     (11) "State-licensed real estate appraiser" means a person who develops and communicates

real estate appraisals appraisal reports and who holds a current, valid license issued to him or her

them for residential real estate under the provisions of this chapter. A duly licensed appraiser is not

required to hold a real estate broker's or salesperson's license under chapter 20.5 of this title.


 

 

 

 

29)

Section

Amended Chapter Numbers:

 

5-20.7-3

163 and 164

 

 

5-20.7-3. Certification or license required.

     (a) No person, other than persons certified or licensed in accordance with the provisions of

this chapter, shall assume or use that title or any title, designation, or abbreviation likely to create

the impression of certification as a real estate appraiser by this state. A person who is not certified

or licensed pursuant to this chapter shall not describe or refer to any appraisal or other valuation of

real estate located in the state by the term “certified or licensed.”

     (b) This chapter precludes any person who is not certified as a state-certified real estate

appraiser from appraising real property for compensation under chapter 20.5 of this title; provided,

however, that this chapter does not preclude any person who holds a license pursuant to chapter

20.5 of this title and, in the ordinary course of business, from giving a written or oral opinion of

value of real estate for the purposes of a prospective listing, purchase, sale, or business valuation;

provided, however, that such opinion of value shall not be referred to as an appraisal.

     (c) Nothing in this chapter shall preclude a trainee directly supervised by a certified

appraiser from assisting in or preparing a certified an appraisal report and signing such appraisal

provided the appraisal is approved and signed by a certified appraiser as appropriate.

     (d) Any appraisal conducted by an institution licensed in this state to accept deposits in

connection with a loan transaction, other than those conducted by:

     (1) Federally or NCUA insured banks, savings banks, or credit unions; or

     (2) Persons regulated or licensed under title 19 or any transactions, municipal or state,

regardless of monetary value, shall require an appraisal by a licensed or certified appraiser.

     (e) Any appraisal, as defined in § 5-20.7-2, must be performed by a licensed or certified

appraiser unless specifically exempted by federal law for federally insured institutions.

 


 

 

 

 

30)

Section

Amended Chapter Numbers:

 

5-20.7-4

163 and 164

 

 

5-20.7-4. Creation of board — Composition — Appointment, terms, and

compensation of members.

     (a)(1) Within the department of business regulation, there is created the Rhode Island real

estate appraisers board which shall consist of ten (10) members to be appointed by the governor.

Six (6) of the board members shall be practicing appraisers and, for the initial board appointment,

shall be members in good standing of one of the following professional associations or the

successor associations: the American Institute of Real Estate Appraisers, the Society of Real Estate

Appraisers, the International Right of Way Association, the National Association of Independent

Fee Appraisers, or the International Association of Assessing Officers. Where possible, at least one

but not more than two (2) appraiser appointments shall be from the membership of each of these

professional organizations.

     (2) One board member shall be a member of the general public, and shall not be engaged

in the practice of real estate appraisal. One board member shall hold a real estate license under

chapter 20.5 of this title and shall not be a state-certified real estate appraiser. One member shall

be a representative of the Rhode Island banking industry. The director of the department of business

regulation or his or her the director’s designee shall serve at all times as a member of the board ex

officio without voting privileges.

     (3) The term of office of the initial members and the powers of the initial board expire on

December 31, 1991.

     (b) Commencing January 1, 1992, and subsequently, the board shall consist of ten (10)

members:

     (1) Six (6) members shall be state-certified appraisers:

     (i) Two (2) appraiser members shall be appointed for a term of three (3) years;

     (ii) Two (2) members for a term of two (2) years; and

     (iii) Two (2) members for a term of one year;

     (2) One board member shall be a member of the general public, appointed for a term of

three (3) years, and shall not be engaged in the practice of real estate appraisal;

     (3) One board member shall hold a real estate license under chapter 20.5 of this title,

appointed for a term of two (2) years and shall not be a state-certified real estate appraiser;

     (4) One member shall be a representative of the Rhode Island banking industry and shall

be appointed for a term of one year; and

     (5) The director of the department of business regulation, or his or her designee, shall serve

at all times as a member of the board ex officio without voting privileges.

     (c)(1) Successors of all members shall each be appointed for terms of three (3) years and

until their successors are appointed and qualified by subscribing to the constitutional oath of office,

which shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the

unexpired term. No member shall be appointed to succeed himself or herself for more than two (2)

terms. Upon qualification of the appointed members, the board shall organize by selecting from its

members a chairperson and vice-chairperson with a term of office of one year.

     (2) The board shall meet not less than once each month or as necessary in order to conduct

its business, the dates and times of which shall be decided by a vote of the members.

     (3) Each real estate appraiser member of the board appointed as of January 1, 1992, must

be a state-certified real estate appraiser. At least one-half (½) of the appraiser members shall hold

the general appraisal certificate and not less than two (2) shall hold the residential appraisal

certificate.

     (4) Upon expiration of their terms, members of the board shall continue to hold office until

the appointment and qualification of their successors. The appointing authority may remove a

member for cause.

     (5) A quorum of the board is a majority of the voting members of the board members

appointed and/or sitting, whichever is less, with at least three (3) of these members required to be

appraiser members.

     (6) The department of business regulation, with the assistance of the board, shall implement

a program for recertification on or before July 1, 1992, and establish any reasonable rules and

regulations that are appropriate to insure that the examination, education, and experience

requirements of certificate and license holders meet the public interest and the minimum standards

of the Appraisal Foundation.

     (d) The board shall adopt a seal of any design that it prescribes. Copies of all records and

papers in the office of the board, duly certified and authenticated by its seal, shall be received in all

courts with like effect as the original. All records of the board shall be open to public inspection

under any reasonable rules and regulations that it prescribes.

     (e)(d) (e) No member of the board shall receive compensation for his or her their official

duties on the board but shall be reimbursed for his or her their actual and necessary expenses

incurred in the performance of his or her their official duties.


 

 

 

 

 

31

Section

Amended Chapter Numbers:

 

5-20.7-8

163 and 164

 

 

5-20.7-8. Classes of certification and licensing — Residential and general.

     (a) There are two (2) classes for state-certified real estate appraisers and two (2) classes of

licensed real estate appraisers.

     (b) State-certified appraisers.

     (1) A state-certified residential real estate appraiser is a person who fulfills the

requirements for certification for the appraisal of residential real property. For the purposes of this

section, residential property means property used for noncomplex single or multi-family dwellings

of 1 — 4 units having no minimum transaction value, or property used for complex 1 — 4

residential units having a transaction value of less than two hundred fifty thousand dollars

($250,000) as required by the appraiser qualifications board of the appraisal foundation Appraiser

Quaifications Board of the Appraisal Foundation.

     (2)(a) A state-certified general real estate appraiser is a person who fulfills the requirements

for certification for the appraisal of all types of real property.

     (c) State-licensed appraisers.

     (b)(1) A state-licensed appraiser is a person who fulfills the requirements for licensing for

the appraisal of residential property as required by the appraiser qualifications board of the

appraisal foundation Appraiser Qualifications Board of the Appraisal FoundationFor

purposes of this section, residential property applies to the appraisal of noncomplex 1 — 4

residential units having a transaction value of less than one million dollars ($1,000,000) and

complex 1 — 4 residential units having a transaction value of less than two hundred fifty thousand

dollars ($250,000).

     (c)(2) A licensed appraiser trainee is an individual who has successfully completed all

requisite core courses as required by the appraisal appraiser qualifications board of the Appraisal

Foundation Appraiser Qualifications Board of the Appraisal Foundation.

     (d) [Deleted by P.L. 2013, ch. 54, § 1 and P.L. 2013, ch. 58, § 1].


 

 

 

 

32)

Section

Amended Chapter Numbers:

 

5-20.7-9

163 and 164

 

 

5-20.7-9.  Education requirements prior to examination.

     (a) Residential classification. As a prerequisite to taking the examination for certification

as a state-certified residential real estate appraiser, an applicant shall present evidence satisfactory

to the board that he or she the applicant has successfully completed the required classroom hours

of courses promulgated by the appraisal appraiser qualifications board of the Appraisal Foundation

Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate

appraisal and the uniform standards of professional appraisal practice from a duly licensed real

estate school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal

organization, college, university, or other school approved by the appraisal appraiser qualifications

board of the Appraisal Foundation Appraiser Qualifications Board of the Appraisal

Foundation, or any other school that is approved by the board.

     (b) General classification. As a prerequisite to taking the examination for certification as a

state-certified general real estate appraiser, an applicant shall present evidence satisfactory to the

director that he or she the applicant has successfully completed the required classroom hours of

courses promulgated by the appraisal appraiser qualifications board of the Appraisal Foundation

Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate

appraisal and the uniform standards of professional appraisal practice from a duly licensed real

estate school pursuant to the provisions of § 5-20.5-19, or a nationally recognized appraisal

organization, college, university, or other school approved by the appraisal appraiser qualifications

board of the Appraisal Foundation Appraiser Qualifications Board of the Appraisal

Foundation, or such other school as approved by the board.

     (c) Licensed real estate appraiser. As a prerequisite to taking the examination for licensing

as a state-licensed residential real estate appraiser, an applicant shall present evidence satisfactory

to the board that he or she the applicant has successfully completed the required classroom hours

of courses promulgated by the appraisal appraiser qualifications board of the Appraisal Foundation

Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate

appraisal and the uniform standards of professional appraisal practice from a duly licensed real

estate school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal

organization, college, university, or other school approved by the appraisal appraiser qualifications

board of the Appraisal Foundation Appraiser Qualifications Board of the Appraisal

Foundation, or any other school that is approved by the board.


 

 

 

 

33)

Section

Amended Chapter Numbers:

 

5-20.7-10

163 and 164

 

 

5-20.7-10. Experience requirements prior to examination.

     (a) An original certification as a state-certified real estate appraiser or licensing as a state-

licensed appraiser shall not be issued to any person who does not possess the requisite experience

in real property appraisal as required by the appraisal appraiser qualifications board of the Appraisal

Foundation and supported by adequate written reports or file memoranda. The experience must be

acquired within a period of five (5) years immediately preceding the filing of the application for

certification. The experience shall be of the type of appraisal for which the applicant is seeking

certification/licensing and shall meet the minimum standards of the Appraisal Foundation and/or

applicable federal regulations.

     (b) Each applicant for certification and licensing shall furnish, under oath, a detailed listing

of the real estate appraisal reports or file memoranda for each year for which experience is claimed

by the applicant. For an applicant for general certification at least fifty percent (50%) of the

prepared reports must demonstrate knowledge and working understanding of income capitalization

or other nonresidential reports. Upon request, the applicant shall make available to the director or

board for examination a sample of appraisal reports, which the applicant has prepared in the course

of his or her practice.

     (c) In order for a licensed trainee appraiser to be issued certification as a state-certified

appraiser or licensing as a state-licensed appraiser, the trainee must have completed the requisite

experience in real property appraisal as required by the appraisal appraiser qualifications board and

supported by adequate written reports or file memoranda. That experience must be completed under

the direct supervision of certified real estate appraisers. The trainee may rely on more than one

supervising appraiser in order to complete this experience requirement, and no certified appraiser

shall supervise more than three (3) trainees.


 

 

 

 

 

34)

Section

Amended Chapter Numbers:

 

5-20.7-16

163 and 164

 

 

5-20.7-16. Nonresident certified or licensed real estate appraisers — Secretary of state

as agent for service of process — Reciprocity.

     (a) Every applicant for certification or licensing under this chapter who is not a resident of

this state shall submit, with the application for certification or licensing, an irrevocable consent that

service of process upon him or her the applicant may be made by delivery of the process to the

secretary of state, if in an action against the applicant in a court of this state arising out of the

applicant’s activities as a state-certified or licensed real estate appraiser, the plaintiff cannot, in the

exercise of due diligence, effect personal service upon the applicant.

     (b) A nonresident of the state who has complied with the provisions of subsection (a) may

obtain a certificate as a state-certified real estate appraiser or a licensed real estate appraiser by

conforming to all of the provisions of this chapter relating to state-certified or licensed real estate

appraisers. If, in the determination by the board, another state is deemed to have substantially

equivalent certification requirements, an applicant who is certified under the laws of that other state

may obtain a certificate as a state-certified or licensed real estate appraiser in this state upon any

terms and conditions that are determined by the board.


 

 

 

35)

Section

Amended Chapter Numbers:

 

5-20.7-17

163 and 164

 

 

5-20.7-17. Continuing education prerequisite to renewal.

     (a) As a prerequisite to certificate or license renewal, a state-certified or licensed real estate

appraiser shall present evidence satisfactory to the director of having met the continuing education

requirements of this section.

     (b) The basic continuing education requirement for renewal of a certificate or license is the

completion by the applicant, during the immediately preceding term of certification, of not less

than twenty-eight (28) hours of instruction in courses or seminars from a duly licensed real estate

school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal organization,

college, university, or other school approved by the appraiser qualifications board of the Appraisal

Foundation or such other school as approved by the board.

     (c) In lieu of meeting the requirements of subsection (b) of this section, an applicant for

certificate or license renewal may satisfy all or part of the recertification requirements by presenting

evidence of the following:

     (1) Completion of an educational program of study determined by the board to be

equivalent, for continuing education purposes, to courses meeting the requirements of subsection

(b) of this section; or

     (2) Participation Up to one-half (1/2) of an individual's continuing education requirement

may be completed by participation other than as a student in educational processes and programs

approved by the board that relate to appraisal theory, practices, or techniques, including, but not

necessarily limited to, teaching, program development, and preparation of textbooks, monographs,

articles, and other instructional materials.

     (3) [Deleted by P.L. 2013, ch. 54, § 1 and P.L. 2013, ch. 58, § 1].


 

 

 

36)

Section

Amended Chapter Numbers:

 

5-20.8-1

333 and 334

 

 

5-20.8-1. Definitions.

     When used in this chapter, unless the context indicates otherwise:

     (1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect

the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective

brokers.

     (2) “Agreement to transfer” means a purchase and sale agreement, installment-sales

contract, option to purchase agreement, or other agreement intended to effect the transfer of real

estate from a seller to a buyer.

     (3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller

for consideration.

     (4) “Closing” means the time at which real estate is transferred from seller to buyer and

consideration is delivered to the seller or to a settlement agent with the intention of imminent

delivery upon the recording of pertinent documents and other ministerial acts associated with

settlement.

     (5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or

unsound condition existing on, in, across, or under the real estate of which the seller has knowledge.

     (6) "Lead exposure hazard" means a condition that presents a clear and significant health

risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children

under the age of six (6) years.

     (6)(7) “Real estate” means vacant land or real property and improvements consisting of a

house or building containing one to four (4) dwelling units.

     (7)(8) “Seller” means any individual or entity seeking to transfer title to real estate to a

buyer for consideration.

     (8)(9) “Transfer” means the sale or conveyance, exchange of, or option to purchase any

real estate.


 

 

 

37)

Section

Amended Chapter Numbers:

 

5-20.8-2

69 and 70

 

 

5-20.8-2. Disclosure requirements.

     (a) As soon as practicable, but in any event no later than prior to signing any agreement to

transfer real estate, the seller of the real estate shall deliver a written disclosure to the buyer and to

each agent with whom the seller knows he or she or the buyer has dealt in connection with the real

estate. The written disclosure shall comply with the requirements set forth in subsection (b) and

shall state all deficient conditions of which the seller has actual knowledge. The agent shall not

communicate the offer of the buyer until the buyer has received a copy of the written disclosure

and signed a written receipt of the disclosure. If the buyer refuses to sign a receipt pursuant to this

section, the seller or agent shall immediately sign and date a written account of the refusal. The

agent is not liable for the accuracy or thoroughness of representations made by the seller in the

written disclosure or for deficient conditions not disclosed to the agent by the seller.

     (b)(1) The Rhode Island real estate commission may shall approve a form of written

disclosure for vacant land and a form of written disclosure for the sale of real property and

improvements consisting of a house or building containing one to four (4) dwelling units as required

under this chapter or the seller may use a disclosure form substantially conforming to the

requirements of this section. The following provisions shall appear conspicuously at the top of any

written disclosure form: “Prior to the signing of an agreement to transfer real estate (vacant land or

real property and improvements consisting of a house or building containing one to four (4)

dwelling units), the seller is providing the buyer with this written disclosure of all deficient

conditions of which the seller has knowledge. This is not a warranty by the seller that no other

defective conditions exist, which there may or may not be. The buyer should estimate the cost of

repair or replacement of deficient conditions prior to submitting an offer on this real estate. The

buyer is advised not to rely solely upon the representation of the seller made in this disclosure, but

to conduct any inspections or investigations the buyer deems to be necessary to protect his or her

best interest.” Nothing contained in this section shall be construed to impose an affirmative duty

on the seller to conduct inspections as to the condition of this real estate.

     (2) The disclosure form for vacant land shall include the following information:

     (i) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last

Pumped, Maintenance History, Defects)

     “Potential purchasers of real estate in the State of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in chapter 19.15 of title 23

("the The the (“Rhode Island cesspool act Cesspool Act of 2007"). Cesspools are a substandard

and inadequate means of sewage treatment and disposal, and cesspools often contribute to

groundwater and surface water contamination. Requirements for abandonment and replacement of

high-risk cesspools as established in chapter 19.15 of title 23 are primarily based upon a cesspool’s

nontreatment of wastewater and the inherent risks to public health and the environment due to a

cesspool’s distance from a tidal water area, or a public drinking water resource. Purchasers should

consult chapter 19.15 of title 23 for specific cesspool abandonment or replacement requirements.

An inspection of property served by an on-site sewage system by a qualified professional is

recommended prior to purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a

ten-(10)day (10) period to conduct an inspection of a property’s sewage system to determine if a

cesspool exists, and if so, whether it will be subject to the phase-out requirements as established in

chapter 19.15 of title 23.”

     (ii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The

buyer understands that this property is, or will be served, by a private water supply (well) which

that may be susceptible to contamination and potentially harmful to health. If a public water supply

is not available, the private water supply must be tested in accordance with regulations established

by the Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is

required to provide the buyer with a copy of any previous private water supply (well) testing results

in the seller’s possession and notify the buyer of any known problems with the private water supply

(well).”

     (iii) Property Tax

     (iv) Easements and Encroachments — The seller of the real estate is required to provide

the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession

and notify the buyer of any known easements, encroachments, covenants, or restrictions of the

seller’s real estate. If the seller knows that the real estate has a conservation easement or other

conservation or preservation restriction as defined in § 34-39-2, the seller is required to disclose

that information and provide the buyer with a copy of any documentation in the seller’s possession

regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or

other survey independently performed at his or her the buyer’s own expense.

     (v) Deed — (Type, Number of Parcels)

     (vi) Zoning — (Permitted use, Classification) “Buyers of real estate in the State of Rhode

Island are legally obligated to comply with all local real estate ordinances; including, but not limited

to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as

ordinances on the number of dwelling units permitted under the local zoning ordinances.” If the

subject property is located in a historic district, that fact must be disclosed to the buyer, together

with the notification that “property located in a historic district may be subject to construction,

expansion, or renovation limitations. Contact the local building inspection official for details.”

     (vii) Restrictions — (Plat or Other)

     (viii) Building Permits

     (ix) Flood Plain — (Flood Insurance)

     (x) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond, marsh,

river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated buffer

areas may impact future property development. The seller must disclose to the buyer any such

determination on all or part of the land made by the department of environmental management.

     (xi) Hazardous Waste — (Asbestos and Other Contaminants)

     (xii) Miscellaneous

     (xiii) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (3) The disclosure form for the sale of real property and improvements consisting of a

house or building containing one to four (4) dwelling units shall include the following information:

     (i) Seller Occupancy — (Length of Occupancy)

     (ii) Year Built

     (iii) Basement — (Seepage, Leaks, Cracks, etc. Defects)

     (iv) Sump Pump — (Operational, Location, and Defects)

     (v) Roof (Layers, Age, and Defects)

     (vi) Fireplaces — (Number, Working and Maintenance, Defects)

     (vii) Chimney — (Maintenance History, Defects)

     (viii) Woodburning Stove — (Installation Date, Permit Received, Defects)

     (ix) Structural Conditions — (Defects)

     (x) Insulation — (Wall, Ceiling, Floor, UFFI)

     (xi) Termites or other Pests — (Treatment Company)

     (xii) Radon — (Test, Company) “Radon has been determined to exist in the State of Rhode

Island. Testing for the presence of radon in residential real estate prior to purchase is advisable.”

     (xiii) Electrical Service — (Imp. & Repairs, Electrical Service, Amps, Defects,

Modifications)

     (xiv) Heating System — (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental

Heating, Defects, Modifications)

     (xv) Air Conditioning — (Imp. & Repairs, Type, Defects)

     (xvi) Plumbing — (Imp. & Repairs, Defects, Modifications)

     (xvii) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last

Pumped, Maintenance History, Defects)

     “Potential purchasers of real estate in the state of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in Rhode Island general law

Rhode Island general law chapter 19.15 of title 23 (The the (Rhode Island cesspool act Cesspool

Act of 2007). Cesspools are a substandard and inadequate means of sewage treatment and disposal,

and cesspools often contribute to groundwater and surface water contamination. Requirements for

abandonment and replacement of high-risk cesspools as established in chapter 19.15 of title 23 are

primarily based upon a cesspool’s nontreatment of wastewater and the inherent risks to public

health and the environment due to a cesspool’s distance from a tidal water area, or a public drinking

water resource. Purchasers should consult chapter 19.15 of title 23 for specific cesspool

abandonment or replacement requirements. An inspection of property served by an on-site sewage

system by a qualified professional is recommended prior to purchase. Pursuant to § 5-20.8-13,

potential purchasers shall be permitted a ten-day (10) period to conduct an inspection of a

property’s sewage system to determine if a cesspool exists, and if so, whether it will be subject to

the phase-out requirements as established in chapter 19.15 of title 23.”

     (xviii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The

buyer understands that this property is, or will be served, by a private water supply (well) which

that may be susceptible to contamination and potentially harmful to health. If a public water supply

is not available, the private water supply must be tested in accordance with regulations established

by the Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is

required to provide the buyer with a copy of any previous private water supply (well) testing results

in the seller’s possession and notify the buyer of any known problems with the private water supply

(well).”

     (xix) Domestic Hot Water — (Imp. & Repairs, Type, Defects, Capacity of Tank)

     (xx) Property Tax

     (xxi) Easements and Encroachments — The seller of the real estate is required to provide

the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession

and notify the buyer of any known easements, encroachments, covenants, or restrictions of the

seller’s real estate. If the seller knows that the real estate has a conservation easement or other

conservation or preservation restriction as defined in § 34-39-1, the seller is required to disclose

that information and provide the buyer with a copy of any documentation in the seller’s possession

regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or

other survey independently performed at his or her own expense.

     (xxii) Deed — (Type, Number of Parcels)

     (xxiii) Zoning — (Permitted use, Classification) “Buyers of real estate in the state of Rhode

Island are legally obligated to comply with all local real estate ordinances; including, but not limited

to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as

ordinances on the number of dwelling units permitted under the local zoning ordinances.” If the

subject property is located in a historic district, that fact must be disclosed to the buyer, together

with the notification that “property located in a historic district may be subject to construction,

expansion, or renovation limitations. Contact the local building inspection official for details.”

     (xxiv) Restrictions — (Plat or Other)

     (xxv) Building Permits

     (xxvi) Minimum Housing — (Violations)

     (xxvii) Flood Plain — (Flood Insurance)

     (xxviii) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond,

marsh, river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated

buffer areas may impact future property development. The seller must disclose to the buyer any

such determination on all or part of the land made by the department of environmental management.

     (xxix) Multi-family or other Rental Property — (Rental Income)

     (xxx) Pools & Equipment — (Type, Defects)

     (xxxi) Lead Paint — (Inspection) Every buyer of residential real estate built prior to 1978

is hereby notified that those properties may have lead exposures that may place young children at

risk of developing lead poisoning. Lead poisoning in young children may produce permanent

neurological damage, including learning disabilities, reduced IQ behavioral problems, and

impaired memory. The seller of that property is required to provide the buyer with a copy of any

lead inspection report in the seller’s possession and notify the buyer of any known lead poisoning

problem. Environmental lead inspection is recommended prior to purchase.

     (xxxii) Fire

     (xxxiii) Hazardous Waste — (Asbestos and Other Contaminants)

     (xxxiv) Miscellaneous

     (xxxv) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (xxxvi) Mold — (Type, repairs, alterations, modifications).

     (xxxvii) Ventilation system modifications.

     (xxxviii) Moisture penetration and damage.

     (c) Any agreement to transfer real estate shall contain an acknowledgement that a

completed real estate disclosure form has been provided to the buyer by the seller in accordance

with the provisions of this section.

     (d) The Rhode Island real estate commission has the right to amend the seller disclosure

requirements by adding or deleting requirements when there is a determination that health, safety,

or legal needs require a change. Any change to requirements shall be a rule change, subject to the

administrative procedures act, chapter 35 of title 42. The power of the commission to amend the

written disclosure requirements shall be liberally construed so as to allow additional information to

be provided as to the structural components, housing systems, and other property information as

required by this chapter.


 

 

38)

Section

Amended Chapter Numbers:

 

5-20.8-5

71 and 72

 

 

5-20.8-5. Real estate disclosure form acknowledgement — Inclusion in real estate

sales agreements — Penalty for violation.

     (a) Every agreement for the purchase and sale of residential real estate located in the state

shall contain an acknowledgement that a completed real estate disclosure form has been provided

to the buyer by the seller.

     (b) Failure to provide the seller disclosure form to the buyer does not void the agreement

nor create any defect in title. Each violation of this statute by the seller or his or her agent is subject

to a maximum civil penalty in the amount of one hundred thousand dollars ($100 1,000) per

occurrence.


 

 

 

39)

Section

Amended Chapter Numbers:

 

5-20.8-11

333 and 334

 

 

5-20.8-11. Lead inspection requirement.

     (a) Every contract for the purchase and sale of residential real estate (1-4 family)- built

prior to 1978 2011) located in the state shall provide that potential purchasers be permitted a ten-

day (10) period, unless the parties mutually agree upon a different period of time, to conduct a risk

assessment or inspection for the presence of lead exposure hazards before becoming obligated

under the contract to purchase.

     (b) Failure to include the provision required in subsection (a) in the purchase and sale

agreement for residential real estate does not create any defect in title; provided, that each violation

of this section by the seller or his or her their agent is subject to a civil penalty of not less than one

hundred dollars ($100) nor more than five hundred dollars ($500).

     (c) Failure to provide inspection results and/or educational materials pursuant to

department regulations required by § 23-24.6-16(a) does not create any defect in title; provided,

that each violation of this section by the seller or his or her their agent is subject to a civil penalty

of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

     (d) Failure to include the purchase and sale agreement provision required in subsection (a);

failure to provide inspection results pursuant to § 23-24.6-16(a); or inspection results that show a

lead exposure hazard as defined at § 23-24.6-4(12) entitles the purchaser to void the purchase and

sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at closing.

 


 

 

 

 

40)

Section

Amended Chapter Numbers:

 

5-20.9-2

163 and 164

 

 

5-20.9-2. Definitions.

     (a) All definitions set forth in § 5-20.7-2 are herein incorporated by reference.

     (b) As used in this chapter, the following terms shall have the following meanings unless

the context clearly specifies otherwise:

     (1) “Appraisal” means an analysis, opinion, or conclusion relating to the nature, quality,

value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be

classified by subject matter into either a valuation or an analysis.

     (i) A “valuation” is an estimate of the value of real estate or real property.

     (ii) An “analysis” is a study of real estate or real property other than estimating value.

     (2) “Appraisal management company” means:

     (i) In connection with valuing properties collateralizing mortgage loans or mortgages

incorporated into a securitization, any external third party authorized either by a creditor of a

consumer credit transaction secured by a consumer’s principal dwelling, or by an underwriter of or

other principal in the secondary mortgage markets, that oversees a network or panel of more than

fifteen (15) certified or licensed appraisers in Rhode Island or twenty-five (25) or more nationally,

excluding those appraisers who do not provide appraisal services for covered transactions, within

a given year to:

     (A) Recruit, select, and retain appraisers;

     (B) Contract with licensed and certified appraisers to perform appraisal assignments;

     (C) Manage the process of having an appraisal performed, including providing

administrative duties such as receiving appraisal orders and appraisal reports, submitting completed

appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for

services provided, and reimbursing appraisers for services performed; or

     (D) Review and verify the work of appraisers.

     (ii) An appraisal management company does not include any entity that employs real estate

appraisers as employees for the performance of real estate appraisal services in a manner consistent

with federal regulations promulgated in accordance with § 1473 of the Dodd-Frank Wall Street

Reform and Consumer Protection Act.

     (3) “Appraisal review” means the act or process of developing and communicating an

opinion about the quality of another appraiser’s work that was performed as part of an appraisal

assignment related to the appraiser’s data collection, analysis, opinions, conclusions, opinion of

value, or compliance with the Uniform Standards of Professional Appraisal Practice; provided

however, that “appraisal review” shall not include:

     (i) A general examination for grammatical, typographical, or similar errors; or

     (ii) A general examination for completeness, including regulatory or client requirements as

specified in an agreement that does not communicate an opinion of value.

     (4) “Appraiser panel” means a group of independent fee appraisers that have been selected

by an appraisal management company to perform residential real estate appraisal services for the

appraisal management company.

     (5) “Client” means any person or entity who or that contracts with, or otherwise enters into

an agreement with, an appraisal management company for the management of residential real estate

appraisal services.

     (6) “Controlling person” means:

     (i) An owner, officer, or director of a corporation, partnership, or other business entity

seeking to offer appraisal management services in this state; or

     (ii) An individual employed, appointed, or authorized by an appraisal management

company who has the authority to enter into a contractual relationship with clients for the

performance of appraisal management services and has the authority to enter into agreements with

independent appraisers for the performance of residential real estate appraisal services; or

     (iii) An individual who possesses, directly or indirectly, the power to direct or cause the

direction of the management or policies of an appraisal management company.

     (7) "Covered transaction" means any consumer credit transaction secured by the

consumer's principal dwelling.

     (7)(8) “Department” means the department of business regulation.

     (8)(9) “Director” means the director of the department of business regulation.

     (9)(10) “Independent fee appraiser” means:

     (i) A natural person who is a state-licensed or state-certified appraiser and receives a fee

for performing an appraisal, but who is not an employee of the person engaging the appraiser; or

     (ii) An organization that, in the ordinary course of business, employs state-licensed or state-

certified appraisers to perform appraisals, receives a fee for performing the appraisals, and is not

subject to § 1124 of the federal Financial Institutions Reform, Recovery and Enforcement Act of

1989 (“FIRREA”), 12 U.S.C. § 3353.

     (10)(11) “Real estate appraisal services” means the practice of developing an appraisal by

a licensed or certified appraiser in conformance with the USPAP.

     (11)(12) “USPAP” mean the Uniform Standards for Professional Appraisal Practice

published by the Appraisal Foundation.


 

 

 

41)

Section

Amended Chapter Numbers:

 

5-20.9-4

163 and 164

 

 

5-20.9-4. Requirements for registration.

     (a) Appraisal management companies shall provide the following information upon

registration:

     (1) Name and contact information of the entity seeking registration;

     (2) Name and contact information of the controlling person for the entity;

     (3) If the entity is not a corporation domiciled in this state, the name and contact

information for the company’s agent for service of process in this state; and

     (4) Name, address, and contact information for any individual or any corporation,

partnership, or other business entity who or that owns 10% or more of the appraisal management

company.

     (b) Contact information shall include the entity’s business and mailing address, telephone

number, facsimile number, and electronic mail (email) address.

     (c) An appraisal management company shall certify that the following is true upon its initial

registration and upon each renewal of its registration:

     (1) The registered entity has a system and process in place to verify that a person being

added to the appraiser panel of the appraisal management company holds a certification or license

in good standing in this state any jurisdiction to perform appraisals;

     (2) The registered entity has a system in place to periodically perform a quality assurance

review of the work of independent fee appraisers who or that are performing real estate appraisal

services on its behalf to ensure that appraisal services are being conducted in accordance with

USPAP;

     (3) The registered entity maintains a detailed record of each service request that it receives

for five (5) years;

     (4) The registered entity maintains a system to assure that the appraiser selected for an

appraisal assignment is independent of the transaction and has the requisite education, expertise,

and experience necessary to competently complete the appraisal assignment for the particular

market and property type; and

     (5) The registered entity will have a system in place to ensure that real estate appraisal

services are provided independently and free from inappropriate influence and coercion under the

appraisal independence standards established under § 129E of the Truth in Lending Act, 15 U.S.C.

§ 1639e, including the requirement that independent fee appraisers be compensated at a customary

and reasonable rate when the appraisal management company is providing services for a consumer

credit transaction secured by the principal dwelling of a consumer.

     (d) A person who, directly or indirectly, owns more than ten percent (10%) of an applicant,

or any officer, controlling person, employee in charge, or managing principal of an applicant, shall

furnish to the department authorization for a state or national criminal history background check.

An appraisal management company that has an owner of more than ten percent (10%), directly or

indirectly, or any officer, controlling person, employee in charge, or managing principal, who has

had a license or certificate to act as an appraiser or to engage in any activity related to the transfer

of real property refused, denied, canceled, or revoked in this state or in any other state, whether on

a temporary or permanent basis, or who is not of good moral character as determined by the

director, shall not be eligible for licensure.

     (e) Ownership requirements. An AMC appraisal management company shall not be

registered in this state if:

     (1) Any person who owns, in whole or in part, directly or indirectly, more than ten percent

(10%) of the AMC appraisal management company fails to submit to a background investigation,

and/or is determined by the director not to have good moral character as determined by an analysis

of the factors in § 28-5.1-14.

     (2) The AMC appraisal management company is owned in whole or in part, directly or

indirectly, by any person who has had a license or certificate to act as an appraiser refused, denied,

canceled, surrendered in lieu of revocation, or revoked in this state or in any other state for

substantive cause, as determined by the appropriate certifying and licensing agency. However, an

AMC appraisal management company is not barred from registration if the license or certificate

of the appraiser with an ownership interest was not revoked for a substantive cause and has been

reinstated by the state or states in which the appraiser was licensed or certified.

 


 

 

 

 

 

42)

Section

Amended Chapter Numbers:

 

5-20.9-8

163 and 164

 

 

5-20.9-8. Expiration of registration.

     A registration granted by the department pursuant to this chapter shall be valid for two (2)

years one year from the date on which it is issued.


 

 

 

43)

Section

Amended Chapter Numbers:

 

5-20.9-9

163 and 164

 

 

5-20.9-9. Grounds for denial, suspension, or revocation of registration — Fines and

penalties.

     (a) The department may deny, censure, suspend, or revoke a registration of an appraisal

management company issued under this chapter, levy fines or impose civil penalties not to exceed

five thousand dollars ($5,000) per violation, if in the opinion of the department, an appraisal

management company is attempting to perform, has performed, or has attempted to perform any of

the following acts:

     (1) The appraisal management company has filed an application for registration that, as of

its effective date or as of any date after filing, contained any statement that, in light of the

circumstances under which it was made, is false or misleading with respect to any material fact;

     (2) The appraisal management company has violated or failed to comply with any provision

of this chapter, or any rule adopted by the department;

     (3) The appraisal management company is permanently or temporarily enjoined by any

court of competent jurisdiction from engaging in or continuing any conduct or practice involving

any aspect of the real estate appraisal management business;

     (4) The appraisal management company or a controlling person thereof is the subject of an

order of the department or any other state appraiser regulatory agency denying, suspending, or

revoking that person’s license as a real estate appraiser;

     (5) The appraisal management company acted as an appraisal management company while

not properly registered with the department;

     (6) The appraisal management company has failed to pay the proper filing or renewal fee

under this chapter;

     (7) The appraisal management company has demonstrated incompetence,

untrustworthiness, or conduct or practices that render the applicant unfit to perform appraisal

management services; or

     (8) The appraisal management company has committed any of the prohibited practices set

forth in this chapter or in the department’s regulations.

     (b) The department shall provide written notice of the denial, suspension, or revocation of

a registration under this chapter. Any party aggrieved by the department’s decision regarding

registration issuance or renewal may, within ten (10) days of the decision, appeal the matter to the

director by submitting a written request for a formal hearing to be conducted in accordance with

the provisions of § 5-20.9-17 5-20.9-18.


 

 

 

44)

Section

Repealed Chapter Numbers:

 

5-20.9-10

163 and 164

 

 

5-20.9-10. [Repealed]


 

 

 

45)

Section

Amended Chapter Numbers:

 

5-20.9-11

163 and 164

 

 

5-20.9-11. Controlling person and appraisal review employees.

     (a) Each appraisal management company applying to the department for a registration in

this state shall designate one controlling person who will be the principal contact for all

communication between the department and the appraisal management company.

     (b) Any employee of the appraisal management company who has the responsibility to

conduct an appraisal review, as defined in § 5-20.9-2, of the work of independent fee appraisers

must have a current USPAP certification be a state-licensed or certified appraiser.


 

 

 

46)

Section

Amended Chapter Numbers:

 

5-20.9-15

163 and 164

 

 

5-20.9-15. Adjudication of disputes between an appraisal management company and

an appraiser.

     (a) Except within the first thirty (30) days after an independent appraiser is added to the

appraiser panel of an appraisal management company, an An appraisal management company may

not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real

estate appraisal services to an independent appraiser without:

     (1) Notifying the appraiser in writing of the reasons why the appraiser is being removed

from the appraiser panel of the appraisal management company, including the alleged statutory or

USPAP violation, if any; and

     (2) Providing an opportunity for the appraiser to respond to the notification of the appraisal

management company.

     (b) An appraiser that is removed from the appraiser panel of an appraisal management

company for alleged illegal conduct, violation of the USPAP, or violation of state licensing statutes,

may file a complaint with the department for a review of the decision of the appraisal management

company. The review of the department in any such case is limited to determining whether the

appraisal management company has complied with subsection (a) of this section and whether the

appraiser has committed a violation of state law, state licensing standards, or a violation of the

USPAP.

     (c) If, after opportunity for hearing and review, the department determines that an appraisal

management company acted improperly in removing an appraiser from the appraiser panel, or that

an appraiser did not commit a violation of law, a violation of the USPAP, or a violation of state

licensing standards, the department may order that an appraiser be restored to the appraiser panel

of the appraisal management company that was the subject of the complaint, or impose any other

administrative penalties set forth in regulations.

     (d) Hearings will be conducted in accordance with § 5-20.9-17 5-20.9-18, chapter 35 of

title 42, and the department’s rules of procedure for administrative hearings.


 

 

 

47)

Section

Amended Chapter Numbers:

 

5-34.3-3

338 and 397

 

 

5-34.3-3. Legislative findings.

     (a) The general assembly finds and declares that:

     (1) The health and safety of the public are affected by the degree of compliance with and

the effectiveness of enforcement activities related to state nurse licensure laws;

     (2) Violations of nurse licensure and other laws regulating the practice of nursing may

result in injury or harm to the public;

     (3) The expanded mobility of nurses and the use of advanced communication technologies

as part of our nation’s healthcare delivery system require greater coordination and cooperation

among states in the areas of nurse licensure and regulations;

     (4) New practice modalities and technology make compliance with individual state nurse

licensure laws difficult and complex; and

     (5) The current system of duplicative licensure for nurses practicing in multiple states is

cumbersome and redundant to both nurses and states.; and

     (6) Uniformity of nurse licensure requirements throughout the states promotes public safety

and public health benefits.

     (b) The general purposes of this compact are to:

     (1) Facilitate the states’ responsibility to protect the public’s health and safety;

     (2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and

regulation;

     (3) Facilitate the exchange of information between party states in the areas of nurse

regulation, investigation, and adverse actions;

     (4) Promote compliance with the laws governing the practice of nursing in each

jurisdiction; and

     (5) Invest all party states with the authority to hold a nurse accountable for meeting all state

practice laws in the state in which the patient is located at the time care is rendered through the

mutual recognition of party state licenses.;

     (6) Decrease redundancies in the consideration and issuance of nurse licenses; and

     (7) Provide opportunities for interstate practice by nurses who meet uniform licensure

requirements.


 

 

 

48)

Section

Amended Chapter Numbers:

 

5-34.3-4

338 and 397

 

 

5-34.3-4. Definitions.

     As used in this chapter:

     (1) "Adverse action" means a home or remote state action any administrative, civil,

equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or

other authority against a nurse, including actions against an individual's license or multistate

licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation

on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization

to practice, including issuance of a cease and desist action.

     (2) "Alternative program" means a voluntary, nondisciplinary monitoring program

approved by a nurse licensing board.

     (3) "Commission" means the interstate commission of nurse license licensure compact

administrators, the governing body of the nurse licensure compact.

     (3)(4) "Coordinated licensure information system" means an integrated process for

collecting, storing, and sharing information on nurse licensure and enforcement activities related

to nurse licensure laws, which that is administered by a nonprofit organization composed of and

controlled by state nurse licensing boards.

     (4)(5) "Current significant investigative information" means investigative information that

a licensing board, after a preliminary inquiry that includes notification and an opportunity for the

nurse to respond if required by state law, has reason to believe is not groundless and, if proved true,

would indicate more than a minor infraction; or investigative information that indicates that the

nurse represents an immediate threat to public health and safety regardless of whether the nurse has

been notified and had an opportunity to respond.

     (6) "Encumbrance" means a revocation or suspension of, or any limitation placed on, the

full and unrestricted practice of nursing imposed by a licensing board.

     (5)(7) "Home state" means the party state which is the nurse’s primary state of residence.

     (6)(8) "Home state action" means any administrative, civil, equitable, or criminal action

permitted by the home state’s laws which are that is imposed on a nurse by the home state’s

licensing board or other authority including actions against an individual’s license such as:

revocation, suspension, probation, or any other action which affects a nurse’s authorization to

practice.

     (7)(9) "Licensing board" means a party state’s regulatory body responsible for issuing

nurse licenses.

     (8)(10) "Multistate licensure privilege" means current, official authority from a remote

state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational

nurse in such party state. All party states have the authority, in accordance with existing state due

process law, to take actions against the nurse’s privilege such as: revocation, suspension, probation,

or any other action which affects a nurse’s authorization to practice a license to practice as a

registered nurse (RN) or a licensed practical nurse/vocational nurse (LPN/VN) issued by a home

state licensing board, that authorizes the licensed nurse to practice in all party states under a

multistate licensure privilege.

     (11) "Multistate licensure privilege" means a legal authorization associated with a

multistate license, permitting the practice of nursing as either a registered nurse (RN) or licensed

practical nurse/vocational nurse (LPN/VN) in a remote state.

      (9)(12) "Nurse" means a registered nurse or licensed practical/vocational nurse, as those

terms are defined by each party’s state practice laws.

     (10)(13) "Party state" means any state that has adopted this compact.

     (11)(14) "Remote state" means a party state, other than the home state, where the patient

is located at the time nursing care is provided, or, in the case of the practice of nursing not involving

a patient, in such party state where the recipient of nursing practice is located.

     (12)(15) "Remote state action" means any administrative, civil, equitable, or criminal

action permitted by a remote state’s laws which are that is imposed on a nurse by the remote state’s

licensing board or other authority including actions against an individual’s multistate licensure

privilege to practice in the remote state, and cease and desist and other injunctive or equitable orders

issued by remote states or the licensing boards thereof.

     (16) "Single-state license" means a nurse license issued by a party state that authorizes

practice only within the issuing state and does not include a multistate licensure privilege to practice

in any other party state.

     (13)(17) "State" means a state, territory, or possession of the United States, and the District

of Columbia.

     (14)(18) "State practice laws" means those individual party’s party state state’s laws and

regulations that govern the practice of nursing, define the scope of nursing practice, and create the

methods and grounds for imposing discipline. It does not include the initial qualifications for

licensure or requirements necessary to obtain and retain a license, except for qualifications or

requirements of the home state.


 

 

49)

Section

Amended Chapter Numbers:

 

5-34.3-5

338 and 397

 

 

5-34.3-5. General provisions and jurisdiction.

     (a) A license to practice registered nursing issued by a home state to a resident in that state

will be recognized by each party state as authorizing a multistate licensure privilege to practice as

a registered nurse in such party state. A license to practice licensed practical/vocational nursing

issued by a home state to a resident in that state will be recognized by each party state as authorizing

a multistate licensure privilege to practice as a licensed practical/vocational nurse in such party

state. In order to obtain or retain a license, an applicant must meet the home state’s qualifications

for licensure and license renewal as well as all other applicable state laws.

     (b) Party states may, in accordance with state due process laws, limit or revoke the

multistate licensure privilege of any nurse to practice in their state and may take any other actions

under their applicable state laws necessary to protect the health and safety of their citizens. If a

party state takes such action, it shall promptly notify the administrator of the coordinated licensure

information system. The administrator of the coordinated licensure information system shall

promptly notify the home state of any such actions by remote states.

     (c) Every nurse practicing in a party state must comply with the state practice laws of the

state in which the patient is located at the time care is rendered. In addition, the practice of nursing

is not limited to patient care, but shall include all nursing practice as defined by the state practice

laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse

licensing board and courts, as well as the laws, in that party state.

     (d) This compact does not affect additional requirements imposed by states for advanced

practice registered nursing. However, a multistate licensure privilege to practice registered nursing

granted by a party shall be recognized by other party states as a license to practice registered nursing

if one is required by state law as a precondition for qualifying for advanced practice registered

nurse authorization.

     (e) Individuals not residing in a party state shall continue to be able to apply for nurse

licensure as provided for under the laws of each party state. However, the license granted to these

individuals will not be recognized as granting the privilege to practice nursing in any other party

state unless explicitly agreed to by that party state.

     (a) A multistate license to practice registered or licensed practical nursing/vocational

nursing issued by a home state to a resident in that state will be recognized by each party state as

authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical nurse/vocational

nurse (LPN/VN), under a multistate licensure privilege, in each party state.

     (b) A state must implement procedures for considering the criminal history records of

applicants for initial multistate license or licensure by endorsement. Such procedures shall include

the submission of fingerprints or other biometric-based information by applicants for the purpose

of obtaining an applicant's criminal history record information from the Federal Bureau of

Investigation, and the agency responsible for maintaining that state's criminal records.

     (c) Each party state shall require the following for an applicant to obtain or retain a

multistate license in the home state:

     (1) Meets the home state's qualifications for licensure or renewal of licensure, as well as

all other applicable state laws;

     (2)(i) Has graduated or is eligible to graduate from a licensing board-approved RN or

LPN/VN prelicensure education program; or

     (ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that:

     (A) Has been approved by the authorized accrediting body in the applicable country; and

     (B) Has been verified by an independent credentials review agency to be comparable to a

licensing board-approved prelicensure education program;

     (3) Has, if a graduate of a foreign prelicensure education program not taught in English or

if English is not the individual's native language, successfully passed an English proficiency

examination that includes the components of reading, speaking, writing and listening;

     (4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized

predecessor, as applicable;

     (5) Is eligible for or holds an active, unencumbered license;

     (6) Has submitted, in connection with an application for initial licensure or licensure by

endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history

record information from the Federal Bureau of Investigation and the agency responsible for

maintaining that state's criminal records;

     (7) Has not been convicted or found guilty nor entered into an agreed disposition of a felony

offense under applicable state or federal criminal law;

     (8) Has not been convicted or found guilty nor entered into an agreed disposition of a

misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

     (9) Is not currently enrolled in an alternative program;

     (10) Is subject to self-disclosure requirements regarding current participation in an

alternative program; and

     (11) Has a valid United States Social Security number.

     (d) All party states shall be authorized, in accordance with existing state due process law,

to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension,

probation, or any other action that affects a nurse's authorization to practice under a multistate

licensure privilege, including cease and desist actions. If a party state takes such action, it shall

promptly notify the administrator of the coordinated licensure information system. The

administrator of the coordinated licensure information system shall promptly notify the home state

of any such actions by remote states.

     (e) A nurse practicing in a party state must comply with the state practice laws of the state

in which the client is located at the time service is provided. The practice of nursing is not limited

to patient care, but shall include all nursing practice as defined by the state practice laws of the

party state in which the client is located. The practice of nursing in a party state under a multistate

licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the

laws of the party state in which the client is located at the time service is provided.

     (f) Individuals not residing in a party state shall continue to be able to apply for a party

state's single-state license as provided under the laws of each party state. However, the single-state

license granted to these individuals will not be recognized as granting the privilege to practice

nursing in any other party state. Nothing in this compact shall affect the requirements established

by a party state for the issuance of a single-state license.

     (g) Any nurse holding a home state multistate license, on the effective date of this compact,

may retain and renew the multistate license issued by the nurse's then-current home state, provided

that:

     (1) A nurse, who changes primary state of residence after this compact's effective date,

must meet all applicable requirements to obtain a multistate license from a new home state; and

     (2) A nurse who fails to satisfy the multistate licensure requirements due to a disqualifying

event occurring after this compact's effective date shall be ineligible to retain or renew a multistate

license, and the nurse's multistate license shall be revoked or deactivated in accordance with

applicable rules adopted by the commission.


 

 

 

50)

Section

Amended Chapter Numbers:

 

5-34.3-6

338 and 397

 

 

5-34.3-6. Applications for licensure in a party state.

     (a) Upon application for a license, the licensing board in a party state shall ascertain,

through the coordinated licensure information system, whether the applicant has ever held, or is the

holder of, a license issued by any other state, whether there are any restrictions on the multistate

licensure privilege, and whether any other adverse action by any state has been taken against the

license.

     (b) A nurse in a party state shall hold licensure in only one party state at a time, issued by

the home state.

     (c) A nurse who intends to change primary state of residence may apply for licensure in

the new home state in advance of such change. However, new licenses will not be issued by a party

state until after a nurse provides evidence of change in primary state of residence satisfactory to the

new home state’s licensing board.

     (d) When a nurse changes primary state of residence by;

     (1) Moving between two party states, and obtains a license from the new home state, the

license from the former home state is no longer valid;

     (2) Moving from a non-party state to a party state, and obtains a license from the new home

state, the individual state license issued by the non-party state is not affected and will remain in full

force if so provided by the laws of the non-party state;

     (3) Moving from a party state to a non-party state, the license issued by the prior home

state converts to an individual state license, valid only in the former home state, without the

multistate licensure privilege to practice in other party states.

     (a) Upon application for a multistate license, the licensing board in the issuing party state

shall ascertain, through the coordinated licensure information system, whether the applicant has

ever held, or is the holder of, a license issued by any other state, whether there are any

encumbrances on any license or multistate licensure privilege held by the applicant, whether any

adverse action has been taken against any license or multistate licensure privilege held by the

applicant, and whether the applicant is currently participating in an alternative program.

     (b) A nurse may hold a multistate license, issued by the home state, in only one party state

at a time.

     (c) If a nurse changes primary state of residence by moving between two (2) party states,

the nurse must apply for licensure in the new home state, and the multistate license issued by the

prior home state will be deactivated in accordance with applicable rules adopted by the commission.

     (1) The nurse may apply for licensure in advance of a change in primary state of residence.

     (2) A multistate license shall not be issued by the new home state until the nurse provides

satisfactory evidence of a change in primary state of residence to the new home state and satisfies

all applicable requirements to obtain a multistate license from the new home state.

     (d) If a nurse changes primary state of residence by moving from a party state to a non-

party state, the multistate license issued by the prior home state will convert to a single-state license,

valid only in the former home state.


 

 

 

51)

Section

Repealed Chapter Numbers:

 

5-34.3-7

338 and 397

 

 

5-34.3-7. [Repealed]


 

 

 

52)

Section

Amended Chapter Numbers:

 

5-34.3-8

338 and 397

 

 

5-34.3-8. Additional authorities invested in party state nurse licensing boards.

     (a) Notwithstanding any other powers conferred by state law, party state nurse licensing

boards shall have the authority to:

     (1) If otherwise permitted by state law, recover from the affected nurse the costs of

investigations and disposition of cases resulting from any adverse action taken against that nurse;

     (2) Issue subpoenas for both hearings and investigations which require the attendance and

testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse licensing

board in a party state for the attendance and testimony of witnesses, and/or the production of

evidence from another party state, shall be enforced in the latter state by any court of competent

jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in

proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses,

mileage and other fees required by the service statutes of the state where the witnesses and/or

evidence are located.

     (3) Issue cease and desist orders to limit or revoke a nurse’s authority to practice in their

state;

     (4) Promulgate uniform rules and regulations as provided for in § 5-34.3-10(c).

     (1) Take adverse action against a nurse's multistate licensure privilege to practice within

that party state.

     (i) Only the home state shall have the power to take adverse action against a nurse's license

issued by the home state.

     (ii) For purposes of taking adverse action, the home state licensing board shall give the

same priority and effect to reported conduct received from a remote state as it would if such conduct

had occurred within the home state. In so doing, the home state shall apply its own state laws to

determine appropriate action.

     (2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to

practice within that party state.

     (3) Complete any pending investigations of a nurse who changes primary state of residence

during the course of such investigations. The licensing board shall also have the authority to take

appropriate action(s) and shall promptly report the conclusions of such investigations to the

administrator of the coordinated licensure information system. The administrator of the coordinated

licensure information system shall promptly notify the new home state of any such actions.

     (4) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing

board in a party state for the attendance and testimony of witnesses or the production of evidence

from another party state shall be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to subpoenas issued in proceedings

pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the state in which the witnesses or evidence are located.

     (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-

based information to the Federal Bureau of Investigation for criminal background checks, receive

the results of the Federal Bureau of Investigation record search on criminal background checks,

and use the results in making licensure decisions.

     (6) If otherwise permitted by state law, recover from the affected nurse the costs of

investigations and disposition of cases resulting from any adverse action taken against that nurse.

     (7) Take adverse action based on the factual findings of the remote state, provided that the

licensing board follows its own procedures for taking such adverse action.

     (b) If adverse action is taken by the home state against a nurse's multistate license, the

nurse's multistate licensure privilege to practice in all other party states shall be deactivated until

all encumbrances have been removed from the multistate license. All home state disciplinary orders

that impose adverse action against a nurse's multistate license shall include a statement that the

nurse's multistate licensure privilege is deactivated in all party states during the pendency of the

order.

     (c) Nothing in this compact shall override a party state's decision that participation in an

alternative program may be used in lieu of adverse action. The home state licensing board shall

deactivate the multistate licensure privilege under the multistate license of any nurse for the

duration of the nurse's participation in an alternative program.


 

 

 

53)

Section

Amended Chapter Numbers:

 

5-34.3-9

338 and 397

 

 

5-34.3-9. Coordinated licensure information system and exchange of information.

     (a) All party states shall participate in a cooperative effort to create a coordinated database

licensure information system of all licensed registered nurses (RNs) and licensed practical

nurses/vocational nurses (LPNs/VNs). This system will include information on the licensure and

disciplinary history of each nurse, as contributed submitted by party states, to assist in the

coordination of nurse licensure and enforcement efforts.

     (b) Notwithstanding any other provision of law, all party states’ licensing boards shall

promptly report adverse actions, actions against multistate licensure privileges, any current

significant investigative information yet to result in adverse action, denials of applications, and the

reasons for such denials, to the coordinated licensure information system.

     (b) The commission, in consultation with the administrator of the coordinated licensure

information system, shall formulate necessary and proper procedures for the identification,

collection, and exchange of information under this compact.

     (c) All licensing boards shall promptly report to the coordinated licensure information

system any adverse action, any current significant investigative information, denials of applications

(with the reasons for such denials), and nurse participation in alternative programs known to the

licensing board regardless of whether such participation is deemed nonpublic or confidential under

state law.

     (c)(d) Current significant investigative information shall be transmitted through the

coordinated licensure information system only to party state licensing boards.

     (d)(e) Notwithstanding any other provision of law, all party states’ licensing boards

contributing information to the coordinated licensure information system may designate

information that may not be shared with non-party states or disclosed to other entities or individuals

without the express permission of the contributing state.

     (e)(f) Any personally identifiable information obtained from the coordinated licensure

information system by a party state’s licensing board shall from the coordinated licensure

information system may not be shared with non-party states or disclosed to other entities or

individuals except to the extent permitted by the laws of the party state contributing the information.

     (f)(g) Any information contributed to the coordinated licensure information system that is

subsequently required to be expunged by the laws of the party state contributing that information,

shall also be expunged from the coordinated licensure information system.

     (g) The compact administrators, acting jointly with each other and in consultation with the

administrator of the coordinated licensure information system, shall formulate necessary and proper

procedures for the identification, collection and exchange of information under this compact.

     (h) The compact administrator of each party state shall furnish a uniform data set to the

compact administrator of each other party state, which shall include, at a minimum:

     (1) Identifying information;

     (2) Licensure data;

     (3) Information related to alternative program participation; and

     (4) Other information that may facilitate the administration of this compact, as determined

by commission rules.

     (i) The compact administrator of a party state shall provide all investigative documents and

information requested by another party state.


 

 

 

54)

Section

Amended Chapter Numbers:

 

5-34.3-10

338 and 397

 

 

5-34.3-10. Establishment of the interstate commission of nurse licensure compact administrators.

     (a) The head of the nurse licensing board, or his/her designee, of each party state shall be

the administrator of this compact for his/her state.

     (b) The compact administrator of each party shall furnish to the compact administrator of

each other party state any information and documents including, but not limited to, a uniform data

set of investigations, identifying information, licensure data, and disclosable alternative program

participation information to facilitate the administration of this compact.

     (c) Compact administrators shall have the authority to develop uniform rules to facilitate

and coordinate implementation of this compact. These uniform rules shall be adopted by party

states, under the authority invested under § 5-34.3-8(4).

     (a) The party states hereby create and establish a joint public entity known as the interstate

commission of nurse licensure compact administrators (the "commission").

     (1) The commission is an instrumentality of the party states.

     (2) Venue is proper, and judicial proceedings by or against the commission shall be brought

solely and exclusively, in a court of competent jurisdiction where the principal office of the

commission is located. The commission may waive venue and jurisdictional defenses to the extent

it adopts or consents to participate in alternative dispute resolution proceedings.

     (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

     (b) Membership, voting, and meetings:

     (1) Each party state shall have and be limited to one administrator. The head of the state

licensing board or designee shall be the administrator of this compact for each party state. Any

administrator may be removed or suspended from office as provided by the law of the state from

which the administrator is appointed. Any vacancy occurring in the commission shall be filled in

accordance with the laws of the party state in which the vacancy exists.

     (2) Each administrator shall be entitled to one vote with regard to the promulgation of rules

and creation of bylaws and shall otherwise have an opportunity to participate in the business and

affairs of the commission. An administrator shall vote in person or by such other means as provided

in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone

or other means of communication.

     (3) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in the bylaws or rules of the commission.

     (4) All meetings shall be open to the public, and public notice of meetings shall be given

in the same manner as required under the rulemaking provisions in § 5-34.3-10.1.

     (5) The commission may convene in a closed, nonpublic meeting if the commission must

discuss:

     (i) Noncompliance of a party state with its obligations under this compact;

     (ii) The employment, compensation, discipline, or other personnel matters, practices, or

procedures related to specific employees or other matters related to the commission's internal

personnel practices and procedures;

     (iii) Current, threatened or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigatory records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any reports prepared by or on behalf of the

commission for the purpose of investigation of compliance with this compact; or

     (x) Matters specifically exempted from disclosure by federal or state statute.

     (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the

commission's legal counsel or designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision. The commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall provide a full and accurate summary

of actions taken, and the reasons therefor, including a description of the views expressed. All

documents considered in connection with an action shall be identified in such minutes. All minutes

and documents of a closed meeting shall remain under seal, subject to release by a majority vote of

the commission or order of a court of competent jurisdiction.

     (c) The commission shall, by a majority vote of the administrators, prescribe bylaws or

rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise

the powers of this compact, including, but not limited to:

     (1) Establishing the fiscal year of the commission;

     (2) Providing reasonable standards and procedures:

     (i) For the establishment and meetings of other committees; and

     (ii) Governing any general or specific delegation of any authority or function of the

commission;

     (3) Providing reasonable procedures for calling and conducting meetings of the

commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for

attendance of such meetings by interested parties, with enumerated exceptions designed to protect

the public's interest, the privacy of individuals, and proprietary information, including trade secrets.

The commission may meet in closed session only after a majority of the administrators vote to close

a meeting in whole or in part. As soon as practicable, the commission must make public a copy of

the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;

     (4) Establishing the titles, duties, authority, and reasonable procedures for the election of

the officers of the commission;

     (5) Providing reasonable standards and procedures for the establishment of the personnel

policies and programs of the commission. Notwithstanding any civil service or other similar laws

of any party state, the bylaws shall exclusively govern the personnel policies and programs of the

commission; and

     (6) Providing a mechanism for winding up the operations of the commission and the

equitable disposition of any surplus funds that may exist after the termination of this compact, after

the payment or reserving of all of its debts and obligations.

     (d) The commission shall publish its bylaws and rules, and any amendments thereto, in a

convenient form on the website of the commission.

     (e) The commission shall maintain its financial records in accordance with the bylaws.

     (f) The commission shall meet and take such actions as are consistent with the provisions

of this compact and the bylaws.

     (g) The commission shall have the following powers:

     (1) To promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules shall have the force and effect of law and shall be binding

in all party states;

     (2) To bring and prosecute legal proceedings or actions in the name of the commission,

provided that the standing of any licensing board to sue or be sued under applicable law shall not

be affected;

     (3) To purchase and maintain insurance and bonds;

     (4) To borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a party state or nonprofit organizations;

     (5) To cooperate with other organizations that administer state compacts related to the

regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office

space, or other resources;

     (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of this compact, and to establish the

commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (7) To accept any and all appropriate donations, grants, and gifts of money, equipment,

supplies, materials, and services, and to receive, utilize and dispose of the same; provided that at

all times the commission shall avoid any appearance of impropriety or conflict of interest;

     (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,

improve, or use, any property, whether real, personal or mixed; provided that at all times the

commission shall avoid any appearance of impropriety;

     (9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

any property, whether real, personal or mixed;

     (10) To establish a budget and make expenditures;

     (11) To borrow money;

     (12) To appoint committees, including advisory committees comprised of administrators,

state nursing regulators, state legislators or their representatives, and consumer representatives, and

other such interested persons;

     (13) To provide and receive information from, and to cooperate with, law enforcement

agencies;

     (14) To adopt and use an official seal; and

     (15) To perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of nurse licensure and practice.

     (h) Financing of the commission.

     (1) The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities;.

     (2) The commission may also levy on and collect an annual assessment from each party

state to cover the cost of its operations, activities, and staff in its annual budget as approved each

year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to

be determined by the commission, which shall promulgate a rule that is binding upon all party

states;.

     (3) The commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the commission pledge the credit of any of the party states,

except by, and with the authority of, such party state;.

     (4) The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission shall be subject to the audit and accounting

procedures established under its bylaws. However, all receipts and disbursements of funds handled

by the commission shall be audited yearly by a certified or licensed public accountant, and the

report of the audit shall be included in and become part of the annual report of the commission.

     (i) Qualified immunity, defense, and indemnification.

     (1) The administrators, officers, executive director, employees, and representatives of the

commission shall be immune from suit and liability, either personally or in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred, within the scope of

commission employment, duties or responsibilities; provided that nothing in this paragraph shall

be construed to protect any such person from suit or liability for any damage, loss, injury, or liability

caused by the intentional, willful, or wanton misconduct of that person;.

     (2) The commission shall defend any administrator, officer, executive director, employee,

or representative of the commission in any civil action seeking to impose liability arising out of

any actual or alleged act, error, or omission that occurred within the scope of commission

employment, duties, or responsibilities, or that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of commission employment, duties, or

responsibilities; provided that nothing herein shall be construed to prohibit that person from

retaining their own counsel; and provided further that the actual or alleged act, error or omission

did not result from that person’s intentional, willful, or wanton misconduct;.

     (3) The commission shall indemnify and hold harmless any administrator, officer,

executive director, employee, or representative of the commission for the amount of any settlement

or judgment obtained against that person arising out of any actual or alleged act, error, or omission

that occurred within the scope of commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of commission employment,

duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result

from the intentional, willful, or wanton misconduct of that person.

 


 

 

 

55)

Section

Added Chapter Numbers:

 

5-34.3-10.1

338 and 397

 

 

5-34.3-10.1. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules and amendments shall become binding as of

the date specified in each rule or amendment and shall have the same force and effect as provisions

of this compact.

     (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the

commission.

     (c) Prior to promulgation and adoption of a final rule or rules by the commission, and at

least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon,

the commission shall file a notice of proposed rulemaking:

     (1) On the website of the commission; and

     (2) On the website of each licensing board or the publication in which each state would

otherwise publish proposed rules.

     (d) The notice of proposed rulemaking shall include:

     (1) The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

     (2) The text of the proposed rule or amendment, and the reason for the proposed rule;

     (3) A request for comments on the proposed rule from any interested person; and

     (4) The manner in which interested persons may submit notice to the commission of their

intention to attend the public hearing and any written comments.

     (e) Prior to adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which shall be made available to the public.

     (f) The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment.

     (g) The commission shall publish the place, time, and date of the scheduled public hearing.

     (1) Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded,

and a copy will be made available upon request.

     (2) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the commission at hearings required by this section.

     (h) If no one appears at the public hearing, the commission may proceed with promulgation

of the proposed rule.

     (i) Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and oral

comments received.

     (j) The commission shall, by majority vote of all administrators, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking

record and the full text of the rule.

     (k) Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule without prior notice, opportunity for comment, or hearing, provided that the

usual rulemaking procedures provided in this compact and in this section shall be retroactively

applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an emergency rule is one that must be

adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

     (2) Prevent a loss of commission or party state funds; or

     (3) Meet a deadline for the promulgation of an administrative rule that is required by federal

law or rule.

     (l) The commission may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical

errors. Public notice of any revisions shall be posted on the website of the commission. The revision

shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision

may be challenged only on grounds that the revision results in a material change to a rule. A

challenge shall be made in writing, and delivered to the commission, prior to the end of the notice

period. If no challenge is made, the revision will take effect without further action. If the revision

is challenged, the revision may not take effect without the approval of the commission.


 

 

 

56)

Section

Added Chapter Numbers:

 

5-34.3-10.2

338 and 397

 

 

5-34.3-10.2. Oversight, dispute resolution, enforcement and department of health

obligations.

     (a) Oversight.

     (1) Each party state shall enforce this compact and take all actions necessary and

appropriate to effectuate this compact's purposes and intent.

     (2) The commission shall be entitled to receive service of process in any proceeding that

may affect the powers, responsibilities, or actions of the commission, and shall have standing to

intervene in such a proceeding for all purposes. Failure to provide service of process in such

proceeding to the commission shall render a judgment or order void as to the commission, this

compact, or promulgated rules.

     (b) Default, technical assistance, and termination.

     (1) If the commission determines that a party state has defaulted in the performance of its

obligations or responsibilities under this compact or the promulgated rules, the commission shall:

     (i) Provide written notice to the defaulting state and other party states of the nature of the

default, the proposed means of curing the default, or any other action to be taken by the

commission; and

     (ii) Provide remedial training and specific technical assistance regarding the default;.

     (2) If a state in default fails to cure the default, the defaulting state's membership in this

compact may be terminated upon an affirmative vote of a majority of the administrators, and all

rights, privileges, and benefits conferred by this compact may be terminated on the effective date

of termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default;.

     (3) Termination of membership in this compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given

by the commission to the governor of the defaulting state and to the executive officer of the

defaulting state's licensing board and each of the party states;.

     (4) A state whose membership in this compact has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the effective date of termination,

including obligations that extend beyond the effective date of termination;.

     (5) The commission shall not bear any costs related to a state that is found to be in default

or whose membership in this compact has been terminated unless agreed upon in writing between

the commission and the defaulting state;.

     (6) The defaulting state may appeal the action of the commission by petitioning the U.S.

District Court for the District of Columbia or the federal district in which the commission has its

principal offices. The prevailing party shall be awarded all costs of such litigation, including

reasonable attorneys' fees.

     (c) Dispute Resolution.

     (1) Upon request by a party state, the commission shall attempt to resolve disputes related

to the compact that arise among party states and between party and non-party states;.

     (2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes, as appropriate;.

     (3) In the event the commission cannot resolve disputes among party states arising under

this compact:

     (i) The party states may submit the issues in dispute to an arbitration panel, which will be

comprised of individuals appointed by the compact administrator in each of the affected party states

and an individual mutually agreed upon by the compact administrators of all the party states

involved in the dispute;

     (ii) The decision of a majority of the arbitrators shall be final and binding.

     (d) Enforcement.

     (1) The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact;.

     (2) By majority vote, the commission may initiate legal action in the U.S. District Court

for the District of Columbia or the federal district where the commission has its principal offices,

against a party state that is in default, to enforce compliance with the provisions of this compact

and its promulgated rules and bylaws. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorneys' fees;.

     (3) The remedies herein shall not be the exclusive remedies of the commission. The

commission may also pursue any other remedies available under federal or state law.

     (e) Data collection - Reporting.

     (1) Data collection. Commencing in calendar year 2025, Rhode Island employers who

employ registered nurses or licensed practical or vocational nurses shall report to the Rhode Island

department of health (“RIDOH”), not later than January 30 of each year, the following information

and data for the employer, for the period of the immediately preceding calendar year (the “reporting

period”):

     (i) The number of new hires of registered nurses during the reporting period;

     (ii) The number of new hires of registered nurses who hold multistate licenses and are not

licensed in Rhode Island during the reporting period;

     (iii) The number of new hires of licensed practical nurses and vocational nurses during the

reporting period;

     (iv) The number of new hires of licensed practical nurses and vocational nurses who hold

multistate licenses and are not licensed in Rhode Island during the reporting period;

     (v) The total number of registered nurses employed during the reporting period; and

     (vi) The total number of licensed practical nurses and vocational nurses employed during

the reporting period.

     (2) Reporting. RIDOH shall annually compile the data received from employers pursuant

to subsection (a)(1) of this section and prepare a report that aggregates the information, and

disaggregated by new hires and retained employees, for registered nurses, license licensed practical

nurses, and vocational nurses, from the results of the data collected pursuant to subsection (e)(1) of

this section. This compiled data shall be incorporated into a report which shall be provided to the

governor, the speaker of the house, and the president of the senate, not later than March 1 of each

year, with the first report due on March 1, 2025.

     (f) Nurse license fees. RIDOH shall not increase the amount of any licensing fee for

registered nurses or a licensed practical nurse or vocational nurse, including, but not limited to,

license renewals, for a period of three (3) years commencing on January 1, 2024.


 

 

 

57)

Section

Repealed Chapter Numbers:

 

5-34.3-11

338 and 397

 

 

5-34.3-11. [Repealed]


 

 

 

58)

Section

Amended Chapter Numbers:

 

5-34.3-12

338 and 397

 

 

5-34.3-12.  Effective date, withdrawal and amendment.

     (a) This compact shall enter into force and become effective as to any state when it has

been enacted into the laws of that state. Any party state may withdraw from this compact by

enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months

after the withdrawing state has given notice of the withdrawal to the executive heads of all other

party states.

     (b) No withdrawal shall affect the validity or applicability by the licensing boards of states

remaining party to the compact of any report of adverse action occurring prior to the withdrawal.

     (c) Nothing contained in this compact shall be construed to invalidate or prevent any nurse

licensure agreement or other cooperative arrangement between a party state and a non-party state

that is made in accordance with the other provisions of this compact.

     (d) This compact may be amended by the party states. No amendment to this compact shall

become effective and binding upon the party states unless and until it is enacted into the laws of all

party states.

     (a) This compact shall become effective upon passage. All party states to this compact, that

also were parties to the prior nurse licensure compact superseded by this compact ("prior

compact"), shall be deemed to have withdrawn from said prior compact within six (6) months after

the effective date of this compact.

     (b) Each party state to this compact shall continue to recognize a nurse's multistate

licensure privilege to practice in that party state issued under the prior compact until such party

state has withdrawn from the prior compact.

     (c) Any party state may withdraw from this compact by enacting a statute repealing the

same. A party state's withdrawal shall not take effect until six (6) months after enactment of the

repealing statute.

     (d) A party state's withdrawal or termination shall not affect the continuing requirement of

the withdrawing or terminated state's licensing board to report adverse actions and significant

investigations occurring prior to the effective date of such withdrawal or termination.

     (e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse

licensure agreement or other cooperative arrangement between a party state and a non-party state

that is made in accordance with the other provisions of this compact.

     (f) This compact may be amended by the party states. No amendment to this compact shall

become effective and binding upon the party states unless and until it is enacted into the laws of all

party states.

     (g) Representatives of non-party states to this compact shall be invited to participate in the

activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all

states.


 

 

 

59)

Section

Amended Chapter Numbers:

 

5-34.3-14

338 and 397

 

 

5-34.3-14. Construction and severability.

     (a) This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence or provision of

this compact is declared to be contrary to the constitution of any party state or of the United States

or the applicability thereof to any government, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to any government, agency,

person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the

constitution of any state party state thereto, the compact shall remain in full force and effect as to

the remaining party states and in full force and effect as to the party state affected as to all severable

matters.

     (b) In the event party states find a need for settling disputes arising under this compact:

     (1) The party states may submit the issues in dispute to an arbitration panel which will be

comprised of an individual appointed by the compact administrator in the home state; an individual

appointed by the compact administrator in the remote state(s) involved; and an individual mutually

agreed upon by the compact administrators of all the party states involved in the dispute.

     (2) The decision of a majority of the arbitrators shall be final and binding.


 

 

 

60)

Section

Amended Chapter Numbers:

 

5-40-23

47 and 48

 

 

5-40-23. Ordering diagnostic imaging — Sunset.

     (a) Physical therapists licensed pursuant to § 5-40-7 may order diagnostic imaging as

defined in § 5-40-1 to be performed and interpreted by other licensed healthcare professionals.

     (b) All diagnostic imaging tests ordered by a physical therapist shall be reported by the

physical therapist to the patient’s designated primary care physician of record within seven (7) days

following receipt of the results. This reporting shall not be required if the patient does not have a

primary care physician.

     (c) Managed healthcare plans shall provide a utilization report to the general assembly no

later than September 1, 2022, and annually thereafter.

     (d) Unless extended by the general assembly, physical therapists shall not be authorized to

order diagnostic imaging as an authorized practice of physical therapy after December 31, 2023

December 31, 2025.


 

 

 

61)

Section

Added Chapter Numbers:

 

5-48.2

221 and 222

 

 

CHAPTER 48.2

PROFESSIONAL LICENSING AND REGULATION OF SPEECH-LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS


 

 

 

62)

Section

Added Chapter Numbers:

 

5-48.2-1

221 and 222

 

 

5-48.2-1. Purpose.

     The purpose of this chapter is to establish and codify prevailing standards and procedures

for licensing speech-language pathologists and audiologists in Rhode Island.


 

 

 

63)

Section

Added Chapter Numbers:

 

5-48.2-2

221 and 222

 

 

5-48.2-2. Incorporated materials.

     This chapter hereby adopts and incorporates the American Speech-Language-Hearing

Association’s "American Speech-Language-Hearing Association Code of Ethics" (2016) by

reference, not including any further editions or amendments thereof and only to the extent that the

provisions therein are not inconsistent with these regulations.


 

 

 

64)

Section

Added Chapter Numbers:

 

5-48.2-3

221 and 222

 

 

5-48.2-3. Definitions.

     (a) As used in this chapter, the following words and terms shall have the following

meanings, except where the context clearly indicates otherwise.:

     (1) "Accredited/approved" means that an institution/program holds regional accreditation

from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools,

New England Association of Schools and Colleges, North Central Association of Colleges and

Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and

Schools, and Western Association of Schools and Colleges.

     (2) "Act" means chapter 48 of this title 5 entitled, "speech-language pathology and

audiology," as well as the provisions of this chapter, where the context so indicates.

     (3) "Audiologist" means an individual who is licensed by the board to practice audiology

either in person or via telepractice.

     (4) "Audiology" means the audiologist applies the principles, methods, and procedures

related to hearing and the disorders of the hearing and balance systems, to related language and

speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as

altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological

auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of

having such disorders.

     (5) "Audiology support personnel" shall operate under the title "audiometric aide" or

"audiology assistant" and means an individual who meets minimum qualifications established by

the board, which are less than those established by the act as necessary for licensing as an

audiologist; does not act independently; is limited to hearing screening with pass/fail criteria,; and

works under the direction and supervision of an audiologist licensed under the act who has been

actively working in the field for twenty-four (24) months after completion of the postgraduate

professional experience and who accepts the responsibility for the acts and performances of the

audiometric aide or audiology assistant while working under the act.

     (6) "Board" means the state board of examiners for of speech-language pathology and

audiology established pursuant to § 5-48-2.

     (78) "Clinical fellowship or traineeship" means the direct clinical work, consultation, or

other duties relevant to clinical speech-language pathology work with individuals presenting

disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time

employment following completion of professional speech-language pathology education under

supervision pursuant to § 5-48-7 and the provisions of this chapter.

     (87) "Clinical fellow" means the person who is practicing speech-language pathology

under the supervision of a licensed speech-language pathologist while completing the postgraduate

professional experience as required by the act and who holds a current provisional license in

accordance with the requirements described in this chapter.

     (9) "Department" means the Rhode Island department of health.

     (10) "Director" means the director of the Rhode Island department of health.

     (11) "Graduate program" means a post-baccalaureate accredited program leading to a

master’s or doctoral degree, including a professional doctoral degree, whether offered through an

accredited graduate or professional school.

     (12) "Newborn hearing screener" means an audiometric aide or audiology assistant

working in a hospital-based newborn hearing screening program under the direction of the

department of health newborn hearing screening program, or its appointee.

     (13) "Person" means an individual, partnership organization, or corporation, except that

only individuals can be licensed under this chapter.

     (14) "The practice of audiology" means an audiologist rendering or offering to render any

service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section.

     (15) "The practice of speech-language pathology" means rendering or offering to render

any service in speech-language pathology either in person or via telepractice as defined in this

section.

     (16) "Regionally accredited" means the official guarantee that a college or university or

other educational institution is in conformity with the standards of education prescribed by a

regional accrediting commission recognized by the United States Secretary of Education.

     (17) "School hearing screener" means an audiometric aide or audiology assistant working

in a school-based hearing screening program under the direction of the Rhode Island department

of elementary and secondary education or its appointee.

     (18) "Speech-language pathologist" means an individual who is licensed by the board to

practice speech-language pathology either in person or via telepractice.

     (19) "Speech-language pathology" means the activities defined in § 5-48-1 and in this

section.

     (20) "Speech-language pathology assistant (SLPA) support personnel" means an individual

who meets minimum qualifications established by the board, which are less than those established

by the act as necessary for licensing as a speech-language pathologist; does not act independently;

and works under the direction and supervision of a speech-language pathologist licensed under the

act who has been actively working in the field for twenty-four (24) months after completion of the

postgraduate professional experience and who accepts the responsibility for the acts and

performances of the speech language speech-language pathology assistant while working under

this chapter.

     (21) "Telepractice" means the use of telecommunication technology to deliver speech-

language pathology and audiology services remotely. Other terms such as teleaudiology,

telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice

should be of equal quality to services provided in person and consistent with adherence to the

American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a),

Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology

(ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020).


 

 

 

65)

Section

Added Chapter Numbers:

 

5-48.2-4

221 and 222

 

 

5-48.2-4. License requirements.

     (a) No person shall practice as, advertise as, or use the title of speech-language pathologist

or audiologist unless licensed in accordance with the provisions of the act and this section. The

provisions of the act and this section shall not apply to individuals specifically exempt from the

provisions thereof by § 5-48-10.

     (b) A provisional license for the clinical fellow as defined in this chapter shall be required

in speech-language pathology for that period of postgraduate professional experience as required

in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech-

language pathology solely in connection with the completion of the supervised postgraduate

professional experience.

     (c) Any person residing in and/or licensed in another state who provides telepractice

services in the area of speech-language pathology and audiology within the State of Rhode Island

regardless of their legal residence must be licensed in the state in accordance with the provisions

of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals

specifically exempt from the provisions thereof by § 5-48-10.


 

 

 

66)

Section

Added Chapter Numbers:

 

5-48.2-5

221 and 222

 

 

5-48.2-5. Qualifications for licensure.

     (a) Audiologists.

     (1) In addition to the requirements set forth in § 5-48-7.2, persons seeking initial licensure

as an audiologist providing in-person or telepractice services shall meet the following requirements:

     (i1) Submit an official transcript indicating possession of an earned doctorate degree in

audiology from a regionally accredited educational institution or other national accrediting

organization as may be approved by the board;

     (ii2) Pass a national examination in audiology approved by the board;

     (iii3) Present evidence of practicum experience that is equivalent to a minimum of twelve

(12) months of full-time, supervised experience, that may be completed as part of the graduate

degree, as delineated in this chapter;

     (iv4) Applicants with a master’s degree holding licensure from another state must present

verification of a Certificate of Clinical Competence from the American Speech-Language-Hearing

Association (ASHA) or other national accrediting association as may be approved by the board.

     (b) Qualifications for audiologists licensed in alternate jurisdictions.

     (1) Persons licensed as an audiologist in alternate jurisdictions on or before January 1,

2008, shall meet the requirements of Rhode Island that were in effect at the time of initial licensure

in the alternate jurisdiction.

     (c) Speech-language pathologists.

     (1) In addition to the requirements set forth in § 5-48-7, an applicant seeking licensure to

practice as a speech-language pathologist who provides in person or telepractice services in Rhode

Island must:

     (i) Have attained a master's degree or a doctoral degree or equivalent in speech-language

pathology from an accredited educational institution accredited by the Council on Academic

Accreditation (CAA) of the American Speech-Language-Hearing Association (ASHA) or other

national accrediting association as may be approved by the board. The degree shall consist of course

work in accordance with the current minimum requirements for the Certificate of Clinical

Competence issued by the American Speech-Language-Hearing Association (ASHA) or other

national accrediting association as may be approved by the board.

     (d)(1) Qualifications for a provisional license for speech-language pathologists.

     (1) To be eligible for provisional licensure by the department, the speech-language

pathologist must submit an application with the required application fee and be in compliance with

the requirements of this chapter and § 5-48-7.1.


 

 

 

67)

Section

Added Chapter Numbers:

 

5-48.2-6

221 and 222

 

 

5-48.2-6. Issuance and renewal of license and fee.

     (a) The department shall issue a license as an audiologist or speech-language pathologist,

or renewal thereof, for a period of two (2) years. The license, unless sooner suspended or revoked,

shall expire on the first day of July, two (2) years following its issuance, and may be renewed

biennially (in even years); provided the applicant meets the requirements of this chapter and the

statutory provisions of the act. The licensee must maintain their certificate of clinical competence

in their practicing area (speech-language pathology or audiology) in order to renew their license.

     (b) A license may be renewed by submission of the renewal application and renewal fee as

set forth in the fee structure for licensing, laboratory, and administrative services provided by the

department of health in their regulations payable before July 1 of even years (biennially).

     (c) A provisional license may be renewed annually from the date of issue, if the post-

graduate professional experience has exceeded one year, by submission of the renewal application

and renewal fee as set forth in the fee structure for licensing, laboratory, and administrative services

provided by the department of health. A provisional license shall not exceed thirty-six (36) months

past the initiation of the professional experience and will expire ninety (90) days after the end of

the postgraduate professional experience.

     (d)(1) Any licensee who allows his or her their license to lapse by failing to renew it on or

before the thirtieth day of June of even years (biennially), may have the license renewed by

submitting to the department an application and renewal fee plus an additional late fee as set forth

in the fee structure for licensing, laboratory, and administrative services provided by the department

of health.

     (1(2)) Any person who allows his or her their license to lapse longer than two (2)

consecutive licensing periods may be reinstated by the department, upon the filing of:

     (i) A reinstatement application for licensure;

     (ii) Payment of the current licensure renewal fee plus an additional late fee as set forth in

the fee structure for licensing, laboratory, and administrative services provided by the department

of health; and

     (iii) Documentation of completion of Continuing Education Units (CEUs) as required in

this chapter taken during the previous two (2) years.

     (e) Inactive status.

     (1) An individual licensed as a speech-language pathologist and/or audiologist in Rhode

Island, not in the active practice of speech-language pathology or audiology within Rhode Island

during any year, may upon request to the department, have his or her their name transferred to an

inactive status and shall not be required to register biennially or pay any fee as long as he or she

the individual remains inactive.

     (2) Inactive status may be maintained for no longer than two (2) consecutive licensing

periods, after which period licensure will be terminated and a reinstatement application submitted

to the department will be required to resume practice.

     (3) Any individual whose name has been transferred to an inactive status may be restored

to active status within two (2) licensing periods to practice speech-language pathology or audiology

without a penalty fee, upon the filing of:

     (i) An application for licensure renewal with a licensure renewal fee as set forth in the fee

structure for licensing, laboratory, and administrative services provided by the department of

health; and

     (ii) Such other information as may be requested by the board.


 

 

 

68)

Section

Chapter Numbers:

 

5-48.2-7

221 and 222

 

 

5-48.2-7. Denial, suspension and revocation of license.

     (a) The board is authorized to suspend or revoke any license to practice speech-language

pathology and/or audiology upon a finding by the board that the person is guilty of conduct as set

forth in § 5-48-11, and in addition:

     (1) Violating any provision of the act, any lawful order given, or rule or regulation adopted

by the board or departure from or failure to conform to the current standards of acceptable

prevailing practice and code of ethics of speech-language pathology or audiology as adopted by the

board and as contained in the "American Speech-Language-Hearing Association Code of Ethics"

as incorporated in this chapter. The board need not establish actual injury to clients in order to

adjudge a speech-language pathologist or audiologist of the above-named conduct.

     (2) The procedure for denial, revocation, or suspension shall be as that set forth in § 5-48-

13.


 

 

 

69)

Section

Added Chapter Numbers:

 

5-48.2-8

221 and 222

 

 

5-48.2-8. Support personnel.

     (a) A speech-language pathology assistant (SLPA) for speech-language pathologists shall

meet the following requirements:

     (1) Hold a bachelor's degree from an accredited college or university and have successfully

completed no less than eighteen (18) hours of graduate credit in the areas of speech-language

pathology to include the following:

     (i) Normal processes in speech, language, and hearing three (3) hours;

     (ii) Disorders of speech, language, and hearing nine (9) hours;

     (iii) Equipment, materials, procedures, and data collection used in assessment and/or

management of speech, language, and hearing disorders six (6) hours; and

     (iv) Completion of twenty-five percent (25%) of those practicum hours required for

professional personnel by the American Speech-Language-Hearing Association.

     (2) A speech-language pathology assistant (SLPA) shall be registered at the department

and be required to re-register every two (2) years.

     (b) Support personnel for audiologists (audiometric aide) or audiology assistants must meet

the following requirements:

     (1) Hold a high school diploma;

     (2) Receive intensive on-the-job training in accordance with the American Speech-

Language-Hearing Association (ASHA) or American Academy of Audiology (AAA) guidelines

for support personnel by the supervising licensed audiologist prior to providing services. Any

subsequent supervising licensed audiologist may require retraining of an audiometric aide or

audiology assistants assistant under his/her the supervising licensed audiologist’s supervision.

     (3) Audiometric aides or audiology assistants shall be registered at the department and be

required to re-register every two (2) years.


 

 

 

70)

Section

Added Chapter Numbers:

 

5-48.2-9

221 and 222

 

 

5-48.2-9. Supervision and responsibility.

     (a)(1) A supervising professional must be a speech-language pathologist or audiologist who

is licensed under the act and this chapter,; has attained and maintained their certificate of clinical

competency and who has been actively working in the field for twenty-four (24) months after

completion of the postgraduate professional experience,; and must be responsible for the acts and

performances, patient screening, and specific tasks assigned by the licensee to the speech-language

pathology assistant (SLPA)/audiometric aide or audiology assistant.

     (12) A licensee who supervises support personnel must:

     (i) Utilize the services of only those who meet the minimum requirements enumerated

under this chapter;

     (ii) Ensure that the support personnel are assigned only those duties and responsibilities for

which the person has been specifically trained and which the assistant is qualified to perform;

     (iii) Ensure that persons who will be receiving services from support personnel, or the

person's legal representative, are informed that services are being rendered by support personnel;

     (iv) Provide supervision of the support personnel (other than newborn hearing screeners

and school hearing screeners); and

     (v) Complete of a minimum of two (2) hours of professional development in clinical

instruction/supervision.

     (b) A speech-language pathologist supervisor may only supervise one full-time equivalent

speech-language pathology assistant (SLPA) support personnel and an audiologist supervisor may

only supervise three (3) full-time equivalent audiometric aides or audiology assistants unless

otherwise approved by the board.

     (c) Observations of support audiometric aides must be completed and documented as to

date, amount of time, and accuracy and efficacy of service according to the following: Direct on-

site observations of the first ten (10) hours of direct client contact;; and five percent (5%) of all

clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and

Indirect indirect supervision (e.g., home, interactive television, audio/video review, or patient

record review) of five percent (5%) of each forty (40) consecutive hours worked.


 

 

 

71)

Section

Added Chapter Numbers:

 

5-48.2-10

221 and 222

 

 

5-48.2-10. Supervision of the support personnel --  Newborn hearing screeners and

school hearing screeners.

     (a) Hospital-based newborn hearing screeners and school-based hearing screeners shall be

trained by a licensed audiologist working in the newborn hearing or school screening program

according to training guidelines established by the programs.

     (b) Supervision shall include a method of evaluation and documenting the competency of

each screener upon completion of the initial training and at least annually thereafter by a licensed

audiologist working in the newborn hearing or school screening program.

     (c) Observations of a speech-language pathology assistant (SLPA) pathology support

personnel must be completed and documented as to date, amount of time, and accuracy and efficacy

of service according to the following:

     (1) Direct on-site observations of the first ten (10) hours of direct client contact;; and ten

percent (10%) of clinical sessions after the first ten (10) hours of each forty (40) consecutive hours

worked; and

     (2) Indirect supervision (e.g., phone, interactive television, audio/video review) of ten

percent (10%) of each forty (40) consecutive hours worked.

     (d) Supervisors must observe all provisions of the ASHA policy regarding support

personnel unless a specific policy is addressed in this chapter, including, but not limited to, that the

licensee must maintain records which that document the frequency and type of supervision of

support personnel, such records to be available for audit upon request by the board.


 

 

 

72)

Section

Added Chapter Numbers:

 

5-48.2-11

221 and 222

 

 

5-48.2-11. Continuing education requirements.

     (a) On or before the thirtieth day of June of even years, every person licensed to practice

speech-language pathology and/or audiology within Rhode Island shall complete not less than

twenty (20) clock hours of continuing education within the preceding two (2) years and be able to

present satisfactory evidence of completion to the department.

     (1) Course descriptions, proof of attendance, or other documentation of completion shall

be retained by the licensee for a minimum of four (4) years and is subject to random audit by the

department.

     (2) Activities approved by the board for continuing education credit are those sponsored

by the American Speech-Language Hearing Association (ASHA), the American Academy of

Audiology (AAA), a state department of education, other International Association for Continuing

Education and Training (IACET)-authorized providers, and/or continuing medical education units

(CMEs) from the Accreditation Council for Continuing Medical Education (ACCME). Approved

activities may include conferences, seminars, self-study programs, courses, or workshops

sponsored by the organizations noted above, or course work from an accredited institution.

     (b) Those persons holding licensure in both speech-language pathology and audiology must

have completed and have evidence of completion of not less than thirty (30) clock hours of

continuing education within the preceding two (2) years.

     (c) Continuing education hours may not be carried over from one renewal period to the

next.

     (d)(1) Continuing education hours must be in accordance with the American-Speech-

Language-Hearing Association's requirements including at least two (2) hours in cultural

competency, cultural humility, culturally responsive practice or diversity, equity, and inclusion

(DEI) and at least one hour in the area of ethics.

     (12) If the licensee is acting as a clinical supervisor, a minimum of two (2) hours of

professional development in clinical instruction/supervision is required.

     (e) Speech-language pathologists or audiologists initially licensed by examination after the

July 1 renewal date shall be exempt from the continuing education requirements stated in this

section until the date of the next renewal cycle (i.e., June 30 of the second year following its

issuance).

     (f) The board, at its discretion, may extend, reduce, or waive for a person the requirement

for continuing education for hardship or other extenuating circumstances as the board deems

appropriate.


 

73)

Section

Added Chapter Numbers:

 

5-48.2-12

221 and 222

 

 

5-48.2-12. Rules governing dispensing and/or selling of hearing aids.

     An audiologist who engages in the dispensing and/or selling of hearing aids shall comply

with any and all federal and state laws and regulations governing the sale of hearing aids.


 

 

 

74)

Section

Added Chapter Numbers:

 

5-48.2-13

221 and 222

 

 

5-48.2-13. Rules governing practices and procedures.

     All hearings and reviews required under the provisions of the act shall be held in

accordance with the provisions of the rules and regulations regarding practices and procedures

before the department of health.


 

 

 

75)

Section

Amended Chapter Numbers:

 

5-49-1

89 and 90

 

 

5-49-1. Definitions.

     As used in this chapter, except as the context may require:

     (1) “Audiologist” means a person who has been awarded a certificate of competency by

the American Speech and Hearing Association and who is duly licensed by the department an

individual licensed to practice audiology by the department of health.

     (2) “Board” means the board of hearing aid dealers and fitters.

     (3) “Department” means the department of health.

     (4) “Hearing aid” means any wearable instrument or device designed for or offered for the

purpose of aiding or compensating for impaired human hearing, and any parts, attachments, or

accessories, including ear mold molds, but excluding batteries and cords.

     (5) “License” means a license issued by the state under this chapter to hearing aid dealers

and fitters.

     (6) “Practice of fitting and dealing in hearing aids” means the evaluation and measurement

of human hearing by means of an audiometer or by any other means solely for the purpose of

making selections, adaptations, or sale of hearing aids, including ordering the use of hearing aids.

The term also includes the making of impressions for ear molds. This term does not include the

making of audiograms for a physician or a member of related professions for use in consultation

with the hard of hearing.

     (7) “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or

any other contract, excluding wholesale transactions with distributors or dealers.

     (8) “Temporary permit” means a permit issued while the applicant is in training to become

a licensed hearing aid dealer and fitter.


 

 

 

76)

Section

Amended Chapter Numbers:

 

5-49-2

89 and 90

 

 

5-49-2. License required to sell or fit hearing aids.

     (a) No person shall engage in the dispensing, selling, fitting, or ordering the use of hearing

aids, or display a sign, or in any other way advertise or represent himself or herself themself as a

person who practices the fitting and sale of hearing aids after August 1, 1973, unless he or she holds

an unsuspended, unrevoked license issued by the department as provided in this chapter.

     (b) The license shall be conspicuously posted in his or her office or place of business.

Duplicate licenses shall be issued by the department to valid license holders operating more than

one office without additional payment.

     (c) A license under this chapter shall confer upon the holder the right to order the use of,

select, fit, and sell hearing aids.

     (d) Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or

other organization maintaining an established business address, from selling or offering for sale

hearing aids at retail without a license; provided, that it employs only properly licensed natural

persons in the direct sale, ordering the use, and fitting of those products.

     (e) Those corporations, partnerships, trusts, associations, or other organizations shall file

annually with the board a list of all licensed hearing aid dealers and fitters directly or indirectly

employed by it.

     (f) Those organizations shall also file with the board a statement, on a form approved by

the board, that they submit themselves to the rules and regulations of the department and the

provisions of this chapter which the department deems applicable to them.


 

 

 

77)

Section

Repealed Chapter Numbers:

 

5-49-2.1

89 and 90

 

 

5-49-2.1. [Repealed]


 

 

 

78)

Section

Amended Chapter Numbers:

 

5-49-2.2

89 and 90

 

 

5-49-2.2. Records of transactions.

     (a) Every person, firm, association, or corporation shall keep a permanent record of all

sales or other transactions where a hearing aid instrument or hearing prosthetic device is made

available.

     (b) Each record of a transaction shall have attached to it the certificate of need presented

by the prospective purchaser.

     (c) Each record of a transaction shall be retained for a period of five (5) three (3) years, and

shall be kept open for inspection by any official designated by the director of the department of

health.


 

 

 

79)

Section

Repealed Chapter Numbers:

 

5-49-2.3

89 and 90

 

 

5-49-2.3. [Repealed]


 

 

 

80)

Section

Amended Chapter Numbers:

 

5-49-8

89 and 90

 

 

5-49-8. Temporary permits.

     (a) An applicant who fulfills the requirements regarding age, character, education, and

health as provided in § 5-49-7, may obtain a temporary permit upon application to the department.

Previous experience or a waiting period shall not be required to obtain a temporary permit.

     (b) Upon receiving an application as provided under this section, and accompanied by a

fee as set forth in § 23-1-54, the department shall issue a temporary permit that entitles the applicant

to engage in the fitting and sale of hearing aids for a period of one year.

     (c) A person holding a valid hearing aid dealer’s and fitter’s license is responsible for the

supervision and training of that applicant and maintaining adequate personal contact. A person

holding a valid audiologist license may be responsible for the supervision and training of the

applicant if:

     (1) The audiologist has at least two (2) years of active clinical experience in dispensing and

fitting hearing aids;

     (2) The audiologist provides to the department documentary evidence establishing that

he/she the audiologist has the requisite two (2) years of active clinical experience in dispensing

and fitting hearing aids; and

     (3) The department provides the audiologist with written approval to supervise and train

applicants.

     (d) If a person who holds a temporary permit under this section has not successfully passed

the licensing examination within one year from the date of issuance of the permit, the temporary

permit may be renewed or reissued once upon payment of a fee as set forth in § 23-1-54


 

 

 

81)

Section

Amended Chapter Numbers:

 

6-45-4

87 and 88

 

 

6-45-4. Reasonable number of attempts to repair.

     (a) A “reasonable number of attempts to repair” an assistive technology device with a

nonconformity means the occurrence of one or both of the following:

     (1) The same nonconformity that is first reported during Term A is subject to repair two

(2) or more times during Term B; or

     (2) The device is out-of-service for an aggregate of thirty (30) or more calendar days during

Term A because of one or more nonconformities.

     (b) For purposes of counting the days for which a device is out-of-service because of one

or more nonconformities, an out-of-service period shall begin with and include the day that is the

later of:

     (1) The day the nonconformity first appears; or

     (2) The business day prior to the day on which the consumer first reports the nonconformity

to the manufacturer of the device or its authorized dealer.

     (c) For purposes of counting the days for which a device is out-of-service because of one

or more nonconformities, an out-of-service period shall end with and include the day on which the

device is returned after repair, and is then free of nonconformities, to the possession of the

consumer, unless this return is made by 10:00 a.m. of that day in which case the out-of-service

period shall end with and include the previous day.

     (d) In the event an out-of-service period has commenced during Term A, then for purposes

of subsection (a)(2), Term A shall continue until the end of this out-of-service period.

     (e) The manufacturer/vendor shall keep written records of all repair attempts made,

including:

     (1) The date a repair was requested;

     (2) The type of repair requested;

     (3) The date the repair attempt began;

     (4) The length of time required for the repair attempt;

     (5) The results of the repair attempt; and

     (6) The total number of repair attempts made.

     SECTION 2. Chapter 6-45 of the General Laws entitled "Consumer Enforcement of

Assistive Technology Device Warranties" is hereby amended by adding thereto the following

section:


 

 

 

82)

Section

Added Chapter Numbers:

 

6-45-8

87 and 88

 

 

6-45-8. Information about assistive technology warranties act to be provided at time

of sale.

     At the time of purchase or lease, the manufacturer must provide directly to the consumer a

statement, written in not less than fourteen (14) point all capital bolded type on a separate piece of

paper or in such other form as the consumer can understand, the following form:

     "(1) If the device is still defective after two (2) attempts to repair the same problem within

two (2) years, or out of service for thirty (30) days for any combination of problems within the first

year from the date of first delivery, you may be entitled to a replacement or refund of the purchase

price under chapter 45 of title 6. To be entitled to a refund or a replacement, you must first notify

the device manufacturer or vendor of the problem and give the vendor or manufacturer an

opportunity to repair the device in accordance with § 6-45-5(b)(1).

     (2) If your device is out-of-service for more than seven (7) days, or not having a device

would be a threat to your safety, the manufacturer/vendor must provide you with a loaner device.

     (3) For more information about this law, you can contact the governor’s commission on

disabilities."


 

 

 

83)

Section

Added Chapter Numbers:

 

6-59

167 and 168

 

 

CHAPTER 59

GIFT CARD FRAUD


 

 

 

84)

Section

Added Chapter Numbers:

 

6-59-1

167 and 168

 

 

6-59-1. Definitions.

     As used in this chapter, "gift card" means a written promise or electronic payment device

that:

     (1) Is usable at a single merchant or an affiliated group of merchants that share the same

name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers;

     (2) Is issued in a specific amount;

     (3) May or may not be increased in value or reloaded;

     (4) Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any

goods or services; and

     (5) Is honored upon presentation.


 

 

85)

Section

Added Chapter Numbers:

 

6-59-2

167 and 168

 

 

6-59-2. Posting of notice of gift card fraud at retail establishments.

     No person, firm, partnership, association, retailer, or corporation shall sell a gift card to a

purchaser unless the seller displays a conspicuous notice, in a form prescribed by the department

of business regulation, at or near where the gift card is displayed and at or near the physical location

where the sale occurs, that:

     (1) Cautions the purchaser about prepaid card scams; and

     (2) Instructs the purchaser on what to do if they suspect they might be a potential victim of

such a scam.


 

 

 

86)

Section

Added Chapter Numbers:

 

6-59-3

167 and 168

 

 

6-59-3. Penalty for violation.

     Any person, firm, partnership, association, corporation, or retail mercantile establishment

that violates the provisions of this chapter shall be subject to a civil penalty of up to two hundred

fifty dollars ($250).


 

 

 

87)

Section

Added Chapter Numbers:

 

8-2-40

306 and 307

 

 

8-2-40. Land use calendar -- Effective January 1, 2024.

     (a) Findings and declarations. The general assembly finds and declares that:

     (1) There are significant delays in the development permitting process in the State of Rhode

Island which results in lost opportunity for the needed development of housing units and

commercial development to neighboring states.

     (2) Contributing to the delay were lengthy administrative appeals to local and state boards

prior to appeals to superior court.

     (3) Previous legislation amended the appeal process in most cases to provide a direct right

of appeal to superior court.

     (4) Landowners, applicants, municipalities, and abutters are entitled to decisions with

respect to ordinances, regulations, decisions regarding property rights, and interests which that do

not require years of costly appeals and litigation.

     (4) There is a need for uniform treatment of such matters, and related matters which that

are statutorily provided with priority on the judicial calendar and expedited for decision.

     (b) Establishment. To accomplish this purpose in an effort to minimize delay in the

processing of land use matters in superior court, effective January 1, 2024, there shall be established

a separate calendar for the administration and determination of all land use matters.

     (c) Land use calendar. The presiding judge of the superior court shall create a land use

calendar in superior court and shall assign personnel to the extent warranted to exclusively hear

and decide all eligible land use matters, and the calendar shall be referred to as the “land use

calendar.” Cases eligible for the land use calendar shall include appeals under §§ 45-22.2-9.1, 45-

23-71, 45-23-72, 45-24-69, 45-24-71; 45-24.4-16, 45-24.6-9, 45-53-5; and 45-53-5.1. Any party

may request a conference to seek assignment to the land use calendar, and acceptance of any matter

in addition to the sections listed above shall be at the discretion of the judge(s) assigned to the

calendar.

     (d) Timing. All matters assigned to the land use calendar shall be expedited. All

memoranda from all interested parties in an appeal assigned to the calendar shall be completed

within sixty (60) days of the filing of the certified record. No continuances or postponements shall

be granted except for good cause shown. Such continuances as are necessary shall be granted for

the shortest practicable time.

     (e) Use of section. Under no circumstances shall any party be permitted to utilize this

section as a basis for dismissal of an action, as this section is enacted for the benefit and

convenience of the superior court.


 

 

 

88)

Section

Added Chapter Numbers:

 

8-8-3.4

171 and 172

 

 

8-8-3.4. Equitable powers in abusive litigation matters.

     In addition to the powers heretofore exercised, the district court is hereby empowered in

furtherance of jurisdiction under chapter 8.4 of this title 8 to grant such orders, including setting

prefiling restrictions on persons found to be abusive litigants, as justice and equity may require.


 

 

 

89)

Section

Added Chapter Numbers:

 

8-8.4

171 and 172

 

 

CHAPTER 8.4

ABUSIVE LITIGATION


 

 

 

90)

Section

Added Chapter Numbers:

 

8-8.4-1

171 and 172

 

 

8-8.4-1. Definitions.

     As used in this chapter, the following words shall have the following meanings:

     (1) “Abusive litigation” means litigation where the following apply:

     (i) The opposing parties have a current or former family or household member relationship

or there has been a civil order or criminal conviction determining that one of the parties stalked or

sexually assaulted the other party; and

     (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found

by a court to have abused, stalked, or sexually assaulted the other party, pursuant to:

     (A) A final protective order entered pursuant to §§ 8-8.1-3 or § 15-5-19;

     (B) A no contact order entered pursuant to § 12-29-4;

     (C) A final sexual assault protective order entered pursuant to § 11-37.2-2;

     (D) A final foreign abuse prevention order entered pursuant to § 12-29-1.1;

     (E) A final order for alimony or custody of children, entered pursuant to § 15-5-16;

     (F) A criminal conviction or a plea of nolo contendere, in this state or any other jurisdiction,

for any of the crimes enumerated in § 12-29-2 or a filing for any domestic violence offense

enumerated in this chapter;

     (G) A pending criminal charge, in this state or any other jurisdiction, of domestic violence,

wherein the court has imposed criminal conditions of release pertaining to the safety of the victim;

or

     (H) A signed affidavit from a domestic violence or sexual assault advocate or counselor

working on behalf of an agency that assists victims of domestic violence and sexual assault; and

     (iii) The primary purpose of the litigation is found to be the abuse, harassment,

intimidation, or threatening of the other party, or to maintain contact with the other party.

     (2) “Family or household member” means current or former intimate partners, spouses,

former spouses, persons related by blood or marriage, persons who are presently residing together

or who have resided together in the past three (3) years, and persons who have a child in common,

regardless of whether they have been married or have lived together, or persons who are, or have

been, in a dating or engagement relationship within the past year.

     (3) “Foreign abuse prevention order” means any protection order issued by the court of any

other state that contains provisions similar to relief provisions authorized under this chapter, or the

Rhode Island rules of domestic relations procedure. “Other state” and “issuing state” mean any

state other than Rhode Island and any federally recognized Indian tribe, territory or possession of

the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

     (4) “Litigation” means any kind of legal action or proceeding, including, but not limited

to:

     (i) A filing of a summons, complaint, or petition;

     (ii) Serving a summons, complaint, or petition, regardless of whether it has been filed;

     (iii) Filing a motion, notice of court date, or order to appear;

     (iv) Serving a motion, notice of court date, or order to appear, regardless of whether it has

been filed or scheduled;

     (v) Filing a subpoena, subpoena duces tecum, interrogatories, request for production of

documents, notice of deposition, or other discovery request; or

     (vi) Serving a subpoena, subpoena duces tecum, interrogatories, request for production of

documents, notice of deposition, or other discovery request.

     (5) “Perpetrator of abusive litigation” means a person who files, initiates, advances, or

continues litigation in violation of an order restricting abusive litigation.


 

 

 

91)

Section

Added Chapter Numbers:

 

8-8.4-2

171 and 172

 

 

8-8.4-2. Order restricting abusive litigation.

     (a) A party may request from the court an order restricting litigation alleged to be abusive

if the requesting party can show:

     (1) The opposing parties have a current or former family or household member relationship

or there has been a civil order or criminal conviction determining that one of the parties stalked or

sexually assaulted the other party; and

     (2) The party who is filing, initiating, advancing, or continuing the litigation has been found

by a court to have abused, stalked, or sexually assaulted the other party pursuant to:

     (i) A final protective order entered pursuant to §§ 8-8.1-3 or § 15-5-19;

     (ii) A no contact order entered pursuant to § 12-29-4;

     (iii) A final sexual assault protective order entered pursuant to § 11-37.2-2;

     (iv) A final foreign abuse prevention order entered pursuant to § 12-29-1.1;

     (v) A final order for alimony or custody of children, entered pursuant to § 15-5-16;

     (vi) A criminal conviction for any of the enumerated crimes defined in § 12-29-2 or a filing

for any domestic violence offense enumerated in this chapter;

     (vii) A pending criminal charge, in this state or any other jurisdiction, of domestic violence,

wherein the court has imposed criminal conditions of release pertaining to the safety of the victim;

or

     (viii) A signed affidavit from a domestic violence or sexual assault advocate or counselor

working on behalf of an agency that assists victims of domestic violence and sexual assault.

     (b) A party who meets the requirements of subsection (a) of this section may request an

order restricting abusive litigation:

     (1) In any answer or response to the litigation being filed, initiated, advanced, or continued;

     (2) By motion made at any time during any open or ongoing case;

     (3) In an answer or response to any motion or request for an order;

     (4) Orally in any hearing; or

     (5) By petition.

     (c) In the event no formal complaint, motion, petition, or other pleading has been filed, the

superior court shall have jurisdiction to hear the request and issue an order restricting abusive

litigation.

     (d) In the event litigation alleged to be abusive is filed in the district court, the district court

is authorized to hear a request for an order restricting abusive litigation.

     (e) In the event litigation alleged to be abusive is filed in the family court, the family court

is authorized to hear a request for an order restricting abusive litigation.

     (f) Upon the request of a party for an order restricting abusive litigation the court shall hold

a hearing to determine if a party is engaging in abusive litigation.

     (g) The court administrator shall create forms for a petition or motion for an order

restricting abusive litigation and the form for an order restricting abusive litigation, and the forms

shall be maintained by the clerks of the courts.

     (h) No filing fee shall be charged to the responding party for proceedings pursuant to this

section.

     (i) The provisions of this section are nonexclusive and shall not affect any other available

remedy.


 

 

 

92)

Section

Added Chapter Numbers:

 

8-8.4-3

171 and 172

 

 

8-8.4-3. Hearing – Procedure.

     At the hearing, evidence of any of the following shall create a rebuttable presumption that

litigation is being initiated, advanced, or continued primarily for the purpose of harassing,

intimidating, threatening, or maintaining contact with the other party:

     (1) The same or substantially similar issues between the same or substantially similar

parties have been litigated within the past five (5) years in the same court or any other court of

competent jurisdiction;

     (2) The same or substantially similar issues between the same or substantially similar

parties have been raised, pled, or alleged in the past five (5) years and were decided on the merits

or dismissed:

     (3) Within the last five (5) years, the party allegedly engaging in abusive litigation has been

sanctioned by any court for filing one or more cases, petitions, motions, or other filings that were

found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same

opposing party;

     (4) Any court has determined that the party allegedly engaging in abusive litigation has

previously engaged in abusive litigation or similar conduct, including, but not limited to, the filing

of a private misdemeanor prosecution complaint pursuant to §§ 12-4-1 or § 12-10-12, and has been

subject to a court order imposing prefiling restrictions;

     (5) Proffered legal claims are not based on existing law or by a reasonable argument for

the extension, modification, or reversal of existing law, or the establishment of new law;

     (6) Allegations and other factual contentions made are without adequate evidentiary

support or are unlikely to have evidentiary support after a reasonable opportunity for further

investigation; or

     (7) An issue or issues that are the basis of the litigation have previously been filed in one

or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably

to the party filing, initiating, advancing, or continuing the litigation.


 

 

 

93)

Section

Added Chapter Numbers:

 

8-8.4-4

171 and 172

 

 

8-8.4-4. Burden of proof.

     (a) If the court finds by a preponderance of the evidence that a party is engaging in abusive

litigation and that any or all of the motions or actions pending before the court are abusive litigation,

the litigation may be dismissed, denied, stricken, or resolved by other disposition with prejudice.

     (b) After providing the parties an opportunity to be heard on any order or sanctions to be

issued, the court may enter an order restricting abusive litigation that shall include conditions

deemed necessary and appropriate, including:

     (1) Awarding the other party reasonable attorneys’ fees and costs of responding to the

abusive litigation, including the cost of seeking the order restricting abusive litigation;

     (2) Awarding the other party all costs of the abusive litigation, including, but not limited

to, court costs, lost wages and transportation costs, including trips to the courthouse to review files

or pleadings, and costs of childcare expended as a result of defending said litigation;

     (3) Identifying the party protected by the order and imposing prefiling restrictions upon the

party found to have engaged in abusive litigation that pertains to any future litigation against the

protected party or the protected party’s dependents; and

     (4) Any other relief deemed necessary and appropriate by the court.

     (c) If the court finds that the litigation does not constitute abusive litigation, the court shall

enter written findings and the litigation shall proceed.

     (d) Nothing in this section shall be construed as limiting the court’s inherent authority to

control the proceedings and litigants before it.


 

 

 

94)

Section

Added Chapter Numbers:

 

8-8.4-5

171 and 172

 

 

8-8.4-5. Filing of a new case by a person subject to an order restricting abusive

litigation.

     (a) Except as otherwise provided in this section, a person who is subject to an order

restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the

litigation against the protected party for the period of time that the filing restrictions are in effect.

     (b) A person who is subject to an order restricting litigation against whom prefiling

restrictions have been imposed pursuant to § 8-8.4-4 who wishes to initiate a new case against the

protected party or file a motion in an existing case against the protected party during the time the

person is under filing restrictions shall make an application to the court. Upon the filing of an

application, the court shall issue an order scheduling a hearing to determine whether the proposed

litigation or motion is abusive litigation or if there are reasonable and legitimate grounds upon

which the proposed litigation or motion is based.

     The scheduling order shall notify the protected party of the party’s right to appear or

participate in the hearing. The order shall specify that should the protected party choose not to

appear or participate in the hearing, the protected party is expected to submit a written response.

When possible, the protected party shall be permitted to appear remotely.

     (c) Following the hearing, if the court determines that the proposed litigation or motion

that the party who is subject to the prefiling order is making application to file will constitute

abusive litigation, the application shall be denied, dismissed, or otherwise disposed of with

prejudice.

     (d) If the court determines that the proposed litigation or motion is not abusive litigation,

the court shall grant the application and issue an order permitting the filing of the proposed litigation

or motion. The order shall be attached to the front of the pleading to be filed with the clerk. The

party who is protected by the order shall be served with a copy of the order at the same time as the

underlying pleading.

     (e) The court shall make findings and issue a written order supporting the ruling.

     (f) If the application for the filing of a pleading is granted pursuant to this section, the

period of time commencing with the filing of the application requesting permission to file the action

and ending with the issuance of an order permitting filing of the action shall not be computed as a

part of any applicable period of limitations within which the matter must be instituted.

     (g) If a party who is protected by an order restricting abusive litigation is served with a

pleading filed by the person who is subject to the order, and the pleading does not have an attached

order allowing the pleading, the protected party may respond to the case by filing a copy of the

order restricting abusive litigation and is under no obligation or duty to respond to the summons,

complaint, petition, or motion, or to answer interrogatories or any other discovery request, or to

appear for depositions or any other responsive action required by rule or statute in a civil action.

     (h) If it is brought to the attention of the court that a person against whom prefiling

restrictions have been imposed has filed a new case or is continuing an existing case without having

been granted permission pursuant to this section, the court shall dismiss, deny, or otherwise dispose

of the matter. The court may take whatever action against the perpetrator of abusive litigation

deemed necessary and appropriate for a violation of the order restricting abusive litigation.


 

 

 

95)

Section

Added Chapter Numbers:

 

8-8.4-6

171 and 172

 

 

8-8.4-6. Construction.

     This chapter shall be construed liberally in order to effectuate the goal of protecting

survivors of domestic violence and other abuse from abusive litigation.


 

 

 

96)

Section

Amended Chapter Numbers:

 

8-19-7

65 and 66

 

 

8-8-3.4. Equitable powers in abusive litigation matters.

     In addition to the powers heretofore exercised, the district court is hereby empowered in

furtherance of jurisdiction under chapter 8.4 of this title 8 to grant such orders, including setting

prefiling restrictions on persons found to be abusive litigants, as justice and equity may require.


 

 

 

97)

Section

Amended Chapter Numbers:

 

9-1-31

262 and 264

 

 

9-1-31. Public school teachers, supervisors, administrators and employees whose position

directly involves work with students — Immunity from liability — Compensation for certain

injuries — Duty upon school committees and board of regents.

     (a) Each school committee and the board of regents shall protect and save harmless (1) any

public school teacher, (2) any supervisor, administrator, or licensed professional employee, (3) any

employee whose position requires a certificate from the department of education or board of regents

for elementary and secondary education, (4) any employee whose position directly involves work

with students, and (5) any employee of the board of regents from financial loss and expense,

including legal fees and costs, if any, arising out of any claim, demand, or suit for actions resulting

in accidental bodily injury to or death of any person, or in accidental damage to or destruction of

property, within or without the school building, or any other acts, including but not limited to

infringement of any person’s civil rights, resulting in any injury, which acts are not wanton,

reckless, malicious, or grossly negligent, as determined by a court of competent jurisdiction,

provided the teacher, supervisor, or administrator, at the time of the acts resulting in the injury,

death, damages, or destruction, was acting in the discharge of his or her their duties or within the

scope of his or her their employment or under the direction of the school committee or the board

of regents.

     (b) For the purpose of this section, the term “teacher” shall include any student teacher

doing practice teaching under the direction of a teacher employed by a school committee or the

board of regents.

     (c) Each school committee and the board of regents shall protect and save harmless any

teacher or any supervisor, employee whose position directly involves work with students

(hereinafter referred to as "employee"), or administrator from financial loss and expense, including

payment of expenses reasonably incurred for medical or other service, necessary as a result of an

assault upon the teacher, supervisor, employee, or administrator while the person was acting in the

discharge of his or her their duties within the scope of his or her their employment or under the

direction of the school committee or the board of regents, which expenses are not paid by the

individual teacher’s, supervisor’s, employee's or administrator’s workers’ compensation.

     (d) Any teacher, supervisor, employee whose position directly involves work with students

(hereinafter referred to as "employee"), or administrator absent from his or her their employment

as a result of injury sustained during an assault upon the teacher, supervisor, employee, or

administrator that occurred while the teacher, supervisor, employee, or administrator was

discharging his or her their duties within the scope of his or her their employment or under the

direction of the school committee or the board of regents, or for a court appearance in connection

with the assault, shall continue to receive his or her their full salary, while so absent, except that

the amount of any workers’ compensation award may be deducted from his or her their salary

payments during the absence. The time of the absence shall not be charged against the teacher’s,

supervisor’s, employee's, or administrator’s sick leave, vacation time, or personal leave days.

     (e) A person so injured in accordance with subdivision subsection (d) above of this section

and who receives a disability therefrom, which renders them unable to fully perform their normal

duties, shall, if the disability continues for a period of one year, apply to the Rhode Island

employees retirement system for appropriate benefits for which that person is entitled.


 

 

 

 

98)

Section

Amended Chapter Numbers:

 

9-1-50

150 and 151

 

 

9-1-50. Settled claims not paid within thirty (30) days.

     (a) Whenever any claim is settled, the insurance company, adjusting company, or any other

person, firm, or corporation responsible for paying the settlement shall make payment within thirty

(30) days from the date the claimant or his or her the claimant’s attorney sends the release. The

signed release may be transmitted to the party responsible for paying the settlement or their attorney

in electronic format. Failure to make payment within thirty (30) days shall raise a presumption that

failure to do so was a willful and wanton disregard for the rights of the claimant. In addition to all

other remedies, the payor shall be liable to the claimant in a separate cause of action for punitive

damages and interest which shall be computed at the rate of twelve percent (12%) per annum from

the date the cause of action giving rise to the settlement occurred until the judgment on the claim

brought pursuant to this section is entered.

     (b) Any claim brought under the provisions of this section shall be given a priority on the

trial calendar.


 

 

 

 

99)

Section

Amended Chapter Numbers:

 

9-9-1.1

367 and 368

 

 

9-9-1.1. Qualifications of jurors.

     (a) A person is qualified to serve as a juror if the person is:

     (1) A citizen of the United States; and

     (2) A resident of Rhode Island who either:

     (i) Resides in the county where the person is registered to vote; or

     (ii) Is licensed to operate a motor vehicle within this state; or

     (iii) Possesses a Rhode Island identification card issued pursuant to the provisions of §§ 3-

8-6 and 3-8-6.1; or

     (iv) Is an individual filing a state income tax return; or

     (v) Is an individual recipient of unemployment compensation.;

     (3) At least 18 years of age;

     (4) Able to understand and participate in the court proceedings; and

     (5) Physically and mentally capable of performing in a reasonable manner the duties of a

juror.

     (b) No person shall be allowed to serve as a juror if he or she has been lawfully adjudicated

to be non compos mentis, or is serving a sentence of confinement at a correctional facility as a

consequence of a felony conviction.

     (c) No person convicted of a felony shall be allowed to serve as a juror, until completion

of such felon’s sentence, served or suspended, and of parole or probation regardless of a nolo

contendere plea.

     (d) Notwithstanding subdivisions (a)(4) and (5), a person with a disability shall not be

ineligible to serve as a juror solely on the basis of his or her the person’s disability, and if that

person meets the above requirements, with reasonable accommodations if necessary, he or she the

person shall be deemed a qualified juror.

     (e) Nothing in this section shall prevent the court from disqualifying a prospective juror

because he or she the prospective juror lacks a faculty or has a disability which will prevent the

potential juror from being a competent juror in a particular case.

     (f) Nothing in this section shall be construed to limit a party’s right to preemptorially

challenge jurors.


 

 

 

100)

Section

Amended Chapter Numbers:

 

10-7-2

196 and 256

 

 

10-7-2. Persons who may bring actions — Limitation of actions — Minimum recovery

period.

     (a) Every action under this chapter, other than one brought under § 10-7-1.2, shall be

brought by and in the name of the executor or administrator of the deceased person, whether

appointed or qualified within or without the state, and of the amount recovered in every action

under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the

children of the deceased, and if there are no children, the whole shall go to the husband or widow,

and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation

to the distribution of personal property left by persons dying intestate; except that no person who

is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to

pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and

a person so adjudged shall be deemed to have predeceased the child for the purpose of determining

distribution under the intestacy statute.

     (b) Every action brought under § 10-7-1.2 shall be brought by and in the name of the person

or persons sustaining the loss of society, companionship and/or consortium and the amount

recovered shall go to the person or persons who sustained the loss.

     (c) Except as otherwise provided, every action brought pursuant to this chapter shall be

commenced within three (3) years after the death of the person. With respect to any death caused

by any wrongful act, neglect, or default which is not known at the time of death, the action shall be

commenced within three (3) years of the time that the wrongful act, neglect, or default is discovered

or, in the exercise of reasonable diligence, should have been discovered. Whenever any person or

corporation is found liable under §§ 10-7-1 — 10-7-4 he or she or it the person or corporation

shall be liable in damages in the sum of not less than two hundred fifty thousand dollars ($250,000)

three hundred fifty thousand dollars ($350,000).


 

 

 

101

Section

Amended Chapter Numbers:

 

11-9-9

67 and 68

 

 

11-9-9. Powers of family court.

     Where in §§ 11-9-1 — 11-9-8 any authority is vested in any court, the authority vested in

the court or courts mentioned is transferred to the family court. The family court shall have

exclusive original jurisdiction over any and all complaints and offenses set forth in §§ 11-9-2, 11-

9-4, 11-9-8, 11-9-12, 11-9-14 [repealed], and 11-9-15, and shall have the authority to impose

sentence as set forth in chapter 1 of title 14. Notwithstanding the provisions of this section,

jurisdiction for violations of §§ 11-9-1, 11-9-1.1, 11-9-1.2, 11-9-1.3, 11-9-1.5, 11-9-5, and 11-9-

5.3, and 11-9-5.4 shall be vested in the superior court.

     SECTION 2. This act shall take effect upon passage.


 

 

 

102)

Section

Amended Chapter Numbers:

 

12-1-12.1

154 and 155

 

 

12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated by

operation of law or by motion.

     (a) By operation of law, the court shall automatically seal the records of any criminal case

that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all

records of the division of criminal identification established by § 12-1-4 without the requirement

of filing a motion under the following circumstances:

     (1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or

after January 1, 2023, shall be automatically sealed ninety (90) not less than ten (10) days and not

more than twenty (20) days after the dismissal; or

     (2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to

January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant

and any sealing order of the district court entered as a result shall be sent electronically by the clerk

of the court to the bureau of criminal identification established by § 12-1-4 within five (5) days of

the entry of the order and shall be carried out within ninety (90) days of the receipt of the order.

     (b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,

including, but not limited to, dismissals not described in subsection (a) of this section or filing of a

no true bill or no information, may file a motion for the sealing of his or her court records in the

case.

     (1) Any person filing a motion for sealing his or her court records pursuant to this section

shall give notice of the hearing date set by the court to the department of the attorney general and

the police department that originally brought the charge against the person at least ten (10) days

prior to the hearing.

     (2) If the court, after the hearing at which all relevant testimony and information shall be

considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

of the court records of the person in that case.

     (3) The clerk of the court shall, within forty-five (45) days of the order of the court granting

the motion, place under seal the court records in the case in which the acquittal, dismissal, no true

bill, no information, or other exoneration has been entered.

     (c) Notwithstanding any other provision of this section, in all cases involving a filing

subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving

domestic violence, the court having jurisdiction over the case shall retain the records of the case

for a period of three (3) years from the date of filing. The records shall not be expunged or sealed

for a period of three (3) years from the date of the filing.

     (d) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state’s

general treasury in accordance with chapter 12 of title 8.


 

 

 

103)

Section

Amended Chapter Numbers:

 

12-1.4

148 and 149

 

 

CHAPTER 12-1.4

COMMISSION FOR THE SAFETY AND CARE OF THE ELDERLY


 

 

 

104)

Section

Amended Chapter Numbers:

 

12-1.4-1

148 and 149

 

 

12-1.4-1. Short title.

     This chapter shall be known and may be cited as the “Citizens’ Commission for the Safety

and Care of the Elderly.”


 

 

 

105)

Section

Amended Chapter Numbers:

 

12-1.4-2

148 and 149

 

 

12-1.4-2. Creation.

     There is established within the department of elderly affairs the citizens’ commission for

the safety and care of the elderly office of healthy aging the commission for the safety and care of

the elderly.


 

 

 

106)

Section

Amended Chapter Numbers:

 

12-1.4-3

148 and 149

 

 

12-1.4-3. Purpose.

     The purpose of the commission shall be to act as a liaison between the legislature, public

safety officials, the office of healthy aging, and the older population of Rhode Island in the area of

crime against the elderly, injury and fire safety, and protective service options available to the

elderly. The commission shall also outline suggested responsibilities for and facilitate training

requirements of older adults, police, and fire advocates.


 

 

107)

Section

Amended Chapter Numbers:

 

12-1.4-4

148 and 149

 

 

12-1.4-4. Membership.

     (a) The commission shall consist of twenty-one (21) twenty-two (22) members, eight (8)

three (3) of whom shall be older citizens adults appointed by the speaker and seven (7) three (3) of

whom shall be older citizens adults appointed by the president of the senate; one of whom shall be

an older adult appointed by the governor's office; all seven (7) of whom shall be appointed for a

term of two (2) yearsThe speaker shall appoint three (3) members and the president of the senate

shall appoint two (2) members for terms of three (3) years; the speaker shall appoint three (3)

members and the president of the senate shall appoint two (2) members for terms of two (2) years;

and the speaker shall appoint two (2) members and the president of the senate shall appoint three

(3) members for a term of one year. These terms shall commence with the date of appointment and

expire on the January 31 after the appointment corresponding with the number of years of the term

to which appointed. Appointments shall be made for terms of three (3) years commencing on

February 1 in the year of appointment and ending on January 31 in the third year after the

appointment. Commission members may remain in their position beyond the three-(3)year (3) term

until new members are duly appointed. Any vacancy among the members shall be filled by the

appointing authority for the remainder of the unexpired term.

     (b) The remaining six (6) fifteen (15) members of the commission shall be the president of

the Police Chiefs’ Association or his or her the president’s designee; the attorney general or his or

her the attorney general’s designee; the director of elderly affairs the office of healthy aging or

his or her the director’s designee; a representative of the state police appointed by the

superintendent of the state police,; the president of the fire chief’s association, or his or her the

president’s designee; and, the state fire marshal or his or her the state fire marshal’s designee;

all six (6) of whom shall be appointed for a term of three (3) years and up to nine (9) representatives

to be decided by the commission to include representatives of agencies and organizations who work

directly with older adultsSuch members and organizations represented may include, but not be

limited to, individuals residing in elder housing and/or elder shelters, medical providers, legal

services, community organizations, and senior centers.

     (c) The members of the commission shall meet at the call of the speaker of the house

director and organize and shall select a chairperson from among themselves. Vacancies on the

commission shall be filled in the same manner as the original appointment.


 

 

 

108)

Section

Amended Chapter Numbers:

 

12-1.4-7

148 and 149

 

 

12-1.4-7. Cooperation of departments.

     (a) All departments and agencies of the state shall furnish any advice and information,

documentary and otherwise, to the commission and its agents deemed necessary or desirable by the

commission to facilitate the purposes of this chapter.

     (b) Each local police and fire chief shall designate at least one sworn police officer

department representative or sworn fire fighter department representative to serve as the

department’s “senior citizen police older adults police safety advocate” to work as a liaison between

the department and the elderly community to help address elderly safety and protection issues.


 

 

 

 

 

109)

Section

Amended Chapter Numbers:

 

12-1.4-9

148 and 149

 

 

12-1.4-9. Reports to general assembly.

     The commission shall report its findings and recommendations regarding the improvement

of elder safety issues to the general assembly, the governor's office, and the office of healthy aging

on or before January 25 of each year.


 

 

 

110)

Section

Added Chapter Numbers:

 

12-1.5-19

354 and 355

 

 

12-1.5-19. DNA offender audit.

     (a) The crime laboratory pursuant to chapter 1.2 of this title 12 shall conduct an audit of

offender DNA profiles included on the state DNA databank pursuant to this chapter 1.5 of title 12

in order to identify the number of DNA profiles that are missing from the databank which should

have been collected pursuant to this chapter 1.5 of title 12. The crime laboratory shall support this

effort as necessary to comply with report deadlines.

     (b) The audit shall initiate with offender DNA samples that were required to be collected

under this chapter 1.5 of title 12, and shall include all samples required pursuant to § 12-1.5-7.

     (c) A preliminary report including the overall number of estimated owed DNA samples

shall be reported to the general assembly promptly upon completion of the initial audit, due to the

significant risk to public safety of any failed collections. The preliminary report shall be provided

by January 1, 2024.

     (d) A final report to further include additional details on types of offenses for which DNA

samples are owed, and an overview of where collection failures occurred shall be submitted no

later than December 31, 2024. Thereafter, an annual audit shall be completed and reported to the

general assembly no later than December 31 of each year.


 

 

 

111)

Section

Amended Chapter Numbers:

 

12-10-12

231 and 232

 

 

12-10-12. Filing of complaints.

     (a) Subject to any other provisions of law relative to the filing of complaints for particular

crimes, any judge of the district court or superior court may place on file any complaint in a criminal

case other than a complaint for the commission of a felony or a complaint against a person who has

been convicted of a felony or a private complaint. The court may, in its discretion, determine the

length of time in which the case will be on file but in no event shall it be longer than the maximum

jail sentence allowed by law. The court may in its discretion require, as a condition of the filing,

the performance of services for the public good or may attach any other conditions to it that the

court shall determine; provided, in cases where the court ordered restitution totals less than two

hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall

require that full restitution be made at the time of sentencing if the court determines that the

defendant has the present ability to make the restitution.

     (b) Express conditions of any filing in accordance with this section shall be that the

defendant at all times during the one year period of filing keep the peace and be of good behavior

and shall have paid all outstanding court-imposed or court-related fees, fines, costs, assessments,

charges, and/or any other monetary obligations unless reduced or waived by order of the court. A

violation of any condition set by the court may be deemed a violation of the filing and the matter

that was filed may be resurrected by the court, or the court may impose a sanction. A determination

of whether a violation has occurred shall be made by the court in accordance with the procedures

relating to a violation of probation, §§ 12-19-9 and 12-19-14.

     (c) In the event the complaint was originally filed under this section subsequent to the

defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been

a violation but does not impose a sanction, may sentence the defendant. In the event the court filed

the complaint under this section while the defendant maintained a plea of not guilty, if the court

finds there to have been a violation but does not impose a sanction, it may proceed to the further

disposition of the complaint according to law. If no action is taken on the complaint for a period of

one year following the filing during the period of filing, the complaint shall be automatically

expunged. No criminal record shall result; provided, that in any civil action for a tort, a plea of

guilty or a finding of guilty should be admissible notwithstanding the fact that the complaint has

been filed.

     (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a

crime involving domestic violence was originally filed under this section subsequent to the

defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been

a violation, may sentence the defendant. In the event the court filed the complaint for a crime

involving domestic violence under this section while the defendant maintained a plea of not guilty,

if the court finds there to have been a violation, it may proceed to the further disposition of the

complaint for a crime involving domestic violence according to law. If, for a period of one year

following the filing during the period of filing, the defendant is not charged with a violation

pursuant to subsection (b) of this section, the filed complaint for the crime involving domestic

violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3)

years after the date of filing, the defendant is not charged with a crime involving domestic violence,

or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint

for a crime involving domestic violence shall be expunged without the requirement of filing a

motion pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action

for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that

the complaint has been filed. Provided, however, that in sentencing a defendant for a crime

involving domestic violence of which the defendant was charged within three (3) years after the

filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo

contendere, the court may take the plea into consideration.

     (e) The defendant shall be advised that any and all bail money relating to a case that remains

on deposit and is not claimed at the time of expungement shall be escheated to the state’s general

treasury in accordance with chapter 12 of title 8.


 

 

 

112)

Section

Amended Chapter Numbers:

 

12-13-10

266 and 267

 

 

12-13-10. Deposit of money in lieu of bail.

     Any person who is held in custody or committed upon a criminal charge, if entitled to be

released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court,

give before the court in which he or she is held to appear his or her personal recognizance to appear

and do as ordered by the court, and shall be allowed to deposit, either individually or by another on

his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she

is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and

upon delivery of the certificate to the officer in whose custody he or she is shall be released from

custody, and the money shall be deposited in the registry of the court before which the person shall

be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving

of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail

set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court

shall require the deposit of cash as the sole monetary condition of the release on bail, except in

those cases where the defendant owes court-imposed restitution. Upon the default of the defendant,

the court before which he or she is recognized to appear may, at any time thereafter, order the

money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16,

12-13-16.1 and 12-13-16.2, and the money shall be paid to the general treasurer. If money has been

deposited and the defendant at any time before forfeiture shall appear before the court to which he

or she was recognized to appear, and shall surrender himself or herself, or shall recognize before

the court with sufficient surety or sureties, in such an amount, to appear and do as the court may

order, or be in any manner legally discharged, then the court shall order the return of the deposit to

the defendant. If the money remains on deposit at the time of a judgment ordering the payment of

restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court

for the payment of a fine and costs, restitution, or any other assessment issued by the court, the

clerk must apply the money in satisfaction of the judgment, and after satisfying the fine and costs,

restitution, or any other assessment judgement's judgment’s restitution order or assessment and

after satisfying the order or assessment must refund the surplus, if any, the money surplus, if any,

to the defendant or to the individual who posted the money on behalf of the defendant, as the case

may be.


 

 

 

113)

Section

Added Chapter Numbers:

 

15-7-27

91 and 92

 

 

15-7-27. Confirmatory adoption for children born through assisted reproduction.

     (a) As used in this section, the following words and terms shall have the following

meanings unless the context shall clearly indicate another or different meaning or intent:

     (1) “Assisted reproduction” means the definition provided in § 15-8.1-102.

     (2) “Marriage” means and includes civil union and any legal relationship that provides

substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid

in the state or jurisdiction in which it was entered.

     (3) “Petitioners” means the persons filing a petition for adoption in accordance with this

section.

     (b) Whenever a child is born as a result of assisted reproduction and the person who did

not give birth is a parent or presumed parent pursuant to § 15-8.1-301, § 15-8.1-401, or § 15-8.1-

703 and the parents seek to file a petition to confirm parentage through an adoption of the child,

the court shall permit the parents to file a petition for adoption in accordance with this section.

     (c) A complete petition shall be comprised of the following:

     (1) The petition for adoption signed by both parties;

     (2)(i) A copy of the petitioners’ marriage certificate, if petitioners are married; and

     (ii) A declaration signed by the person giving birth and the person who did not give birth

explaining the circumstances of the child’s birth through assisted reproduction, attesting to their

consent to assisted reproduction, and attesting that no competing claims of parentage exist; and

     (3) A certified copy of the child’s birth certificate.

     (d) A complete petition for adoption, as described in subsection (c) of this section, shall

serve as the petitioners’ written consents to adoption required by § 15-7-5, and no additional

consent or notice shall be required.

     (e) If the petitioners conceived through assisted reproduction with donor gamete(s) or

donor embryo(s) pursuant to article 7 of chapter 15-8.1 of this title 15 ("uniform parentage act"),

the court shall not require notice of the adoption to the donor or consent to the adoption by the

donor, including notice pursuant to § 15-7-9 or § 15-7-26.

     (f) Unless otherwise ordered by the court for good cause shown and supported by written

findings of the court demonstrating good cause or required by federal law, for purposes of

evaluating and granting a petition for adoption pursuant to this section, the court shall not require:

     (1) An in-person hearing or appearance;

     (2) An investigation or home study by, notice to, or approval of the department of children,

youth and families (DCYF);

     (3) A criminal-records check;

     (4) Verification that the child is not registered with the federal register for missing children

or the central register; or

     (5) A minimum residency period in the home of the petitioners.

     (g) The court shall grant the adoption under this section and issue a decree of adoption

within thirty (30) days upon finding that:

     (1) For marital parents, the parent who gave birth and the spouse were married at the time

of the child’s birth and the child was born through assisted reproduction; or

     (2) For non-marital parents:

     (i) The person who gave birth and the non-marital parent consented to the assisted

reproduction; and

     (ii) There are no competing claims of parentage or that any other person with a claim to

parentage of the child who is required to be provided notice of, or who must consent to, the adoption

has been notified or provided consent to the adoption.

     (h) A petition to adopt pursuant to this section, when a petitioner’s parentage is presumed

or legally recognized under Rhode Island law, must not be denied solely on the basis that the

petitioner’s parentage is already presumed or legally recognized.

     (i) When parentage is presumed or legally recognized pursuant to Rhode Island law, that

the parties did not petition for adoption pursuant to this section may not be considered as evidence

when two (2) or more presumptions conflict pursuant to § 15-8.1-206, nor in determining the best

interest of the child.


 

 

 

114)

Section

Amended Chapter Numbers:

 

17-1-3

123 and 124

 

 

17-1-3. Eligibility to vote.

     (a) Every citizen of the United States who is at least eighteen (18) years of age, whose

residence as defined in § 17-1-3.1 has been in this state for at least thirty (30) days, and in the town

or city and voting district in which that person desires to cast his or her vote at least thirty (30) days

next preceding the election, and who is registered in that city or town and voting district at least

thirty (30) days next preceding any election, shall be entitled to vote in the election; provided, a

person may vote in a primary election only if that person is eligible under the provisions of this

title. A person who has not registered to vote, or whose registration has been canceled pursuant to

§ 17-10-1, may cast a vote for president and vice-president on election day at his or her the person’s

city or town hall or at an alternate location designated by the board of canvassers, and approved by

the board of elections, where such location is deemed necessary to better accommodate such voters.

The casting of that vote shall commence the process of voter registration and subject the person

voting to the requirements and penalties of this chapter.

     (b) Notwithstanding the provisions of subsection (a) of this section, any person who has

not yet reached age eighteen (18), but will be age eighteen (18) at the time of a general election,

may vote in a primary election, in which candidates are nominated for a general or special election.

     (c) The provisions of subsection (b) of this section shall not extend to any other elections.


 

 

 

115)

Section

Amended Chapter Numbers:

 

17-1-7

25 and 26

 

 

17-1-7. Uniform deadlines.

     Notwithstanding any other time specified for the filing of any paper or the doing of any act

pursuant to this title, a uniform deadline of 4:00 p.m. is established; provided, that applications for

emergency mail ballots must be received by 4:00 p.m. on the day prior to an election or primary. If

any filing deadline falls on a Saturday, Sunday, or holiday, the deadline shall be construed to fall

on the next subsequent business day; provided, that this does not apply to registration to vote thirty

(30) days prior to an election or primary, or change of party designation thirty (30) days prior to an

election or primary under the requirements of § 17-9.1-24.


 

 

 

116)

Section

Amended Chapter Numbers:

 

17-7-3

140 and 141

 

 

17-7-3. Appointment of members — Vacancies.

     (a) The governor shall forthwith upon June 8, 1979, appoint seven (7) members of initial

terms as follows: one member upon initial appointment shall serve for a term of two (2) years; one

member upon initial appointment shall serve for a term of four (4) years; one member upon initial

appointment shall serve for a term of six (6) years; one member upon initial appointment shall serve

for a term of eight (8) years; one member upon initial appointment shall serve for a term of ten (10)

years; one member upon initial appointment shall serve for a term of twelve (12) years; one member

upon initial appointment shall serve for a term of fourteen (14) years; and upon the expiration of

the terms, the governor shall appoint persons for succeeding terms of fourteen (14) years,

respectively. All members of the board appointed or reappointed after January 1, 2008, shall serve

for terms of nine (9) years beginning in January 2008, and in January of every even numbered year

thereafter, the chairperson and vice chairperson of the board shall be elected by majority vote of

the members of the board.

     (b) In the event a vacancy occurs in the office of chairperson or vice chairperson after

January 1, 2008, the board shall in the manner provided in subsection 17-7-3(a) elect another of its

members to be chairperson or vice chairperson, to fill the vacancy; provided, if the vacancy occurs

as a result of death or resignation, the new chairperson or vice chairperson shall only fill the

unexpired term.

     (c) In the event a vacancy occurs on the board, the governor shall appoint within thirty (30)

days a new member to fill the vacancy; provided if the vacancy occurs as a result of death or

resignation, the new member shall only fill the unexpired term. All appointments to fill vacancies

shall be made in accordance with Article IX, section 5 of the Constitution of the state of Rhode

Island and §§ 36-1-10 through 36-1-12.

     (d) Notwithstanding the provisions of § 17-7-2 and in order to facilitate communication

between the department of state and the board of elections, the secretary of state shall designate a

liaison (the director of elections or the deputy secretary of state who oversees the elections division)

to serve as a reporting and informational resource at all board of elections meetings with the

exception of when the board meets in executive session or is engaged in agenda items addressing

issues related to campaign finance or appeal. The board may call upon the department of state

liaison to offer insight or clarification, or answer any direct questions, through the chair, from

members, in real time, at any time during a meeting, The board of elections shall make a platform

available to the liaison to facilitate this process.


 

 

 

117)

Section

Amended Chapter Numbers:

 

17-11-1

250 and 251

 

 

17-11-1. Division of towns and representative district into voting districts.

     (a) The local board of any city or town may, on or before the sixtieth (60th) day preceding

any election, divide or redivide the city or town, or any representative district in the city or town,

into voting districts. The local board of each city or town shall determine voting districts by

geographical boundaries and by no other means. No voting district shall at any time comprise parts

of two (2) or more wards. It shall be the duty of the board to divide the city or town, representative

district, or ward, so that substantially not more than three thousand (30003,000) total eligible

registered voters shall be served by the same polling place; provided, however, that any divisions

conducted by the local board pursuant to this section shall not result in creating a polling place

serving less than five hundred (500) total eligible registered voters, except when a polling place is

located in a low-income or elderly residential development, or when it is caused by legislative

district boundaries; and provided, further, that no existing polling place which that is presently

located in a low-income or elderly residential development shall be eliminated. Upon the

establishment and approval of any polling place by the state board, changes to the polling place

shall not be allowed until the next redistricting by the general assembly, unless the polling place

becomes unavailable to the city or town, or no longer meets polling place minimum requirements

as established by the state board, then the city or town may take the appropriate action to replace

the polling place. A polling place may be located either within or without the voting district for

which it is established; provided, that a polling place may be located outside the district only upon

unanimous determination of the local board and subject to the approval of the state board that a

suitable place is not available within the voting district.

     (b) Uniform standards for polling place location. When cities and towns shall, subject to

the approval of the state board, designate polling locations in accordance with the provisions of this

section and § 17-19-3.2, they shall take into account the following factors:

     (1) Accessibility of the polling place to historically disenfranchised communities,

including cultural groups, ethnic groups, and minority groups;

     (2) Proximity of polling places to dense concentrations of voters;

     (3) Accessibility of polling places by public transportation;

     (4) Ensuring equitable distribution of polling places in the city or town; and

     (5) Maximizing voter participation, including through the use of community centers and

public gathering places as polling places.


 

 

 

118)

Section

Amended Chapter Numbers:

 

17-11-1.1

250 and 251

 

 

17-11-1.1. Combination of voting districts for special election.

     (a) The board of canvassers of any city or town at which there shall be submitted to the

voters a question or questions for their approval or rejection or at which officials will be elected,

shall have the authority to combine two (2) or more voting districts, when in its judgment the

combination is advisable,. and when combined shall be treated as a voting district, The board may

by unanimous vote make such designation for any special election, but only upon the approval of

the board of elections.

     (b) If voting districts are combined as provided in subsection (a), the local board must

advertise the combination of districts in a newspaper of general circulation in the city or town no

less than seven (7) days and no more than twenty-one (21) days before the special election.

     (c) [Deleted by P.L. 2019, ch. 69, § 1 and P.L. 2019, ch. 79, § 1.]

     (d) Notwithstanding the provisions of subsections (a) and (b), the board of canvassers of

the town of Bristol may combine two (2) or more voting districts for the representative district 68

special election in March, 2019, and when combined shall be treated as a voting district, but only

upon the approval of the board of elections.


 

 

 

119)

Section

Amended Chapter Numbers:

 

17-12.1-1

133 and 134

 

 

17-12.1-1. Date of primaries for election of delegates to national conventions.

     (a) A primary election for the election of delegates to the national convention for each

political party shall be held in the manner provided in this chapter on the fourth Tuesday in April

2012, and every fourth year thereafter.

     (b) Notwithstanding the provision of subsection (a) of this section, for the 2024 primary

election only, the election of delegates to the national convention for each political party and for

presidential preference shall be conducted on April 2, 2024.


 

 

 

120)

Section

Amended Chapter Numbers:

 

17-14-1

25 and 26

 

 

17-14-1. Declarations of candidacy.

     During the last consecutive Monday, Tuesday, and Wednesday in June in the even years

and during the thirty-ninth (39th) and fortieth (40th) days preceding a primary election for a special

election for state or local office, or for an election for state or local office regularly scheduled for a

time other than the biennial general statewide election, or during the sixty-seventh (67th) and sixty-

eighth (68th) days preceding a primary election for a special election for federal office, or for an

election for federal office regularly scheduled for a time other than the biennial general statewide

election, each voter desiring to be a candidate at the upcoming primary or an independent candidate

on final nomination papers shall, on a form that shall be provided by the secretary of state, file a

declaration of his or her their candidacy not later than four o’clock (4:00) p.m. of the last day for

the filing with the secretary of state for congressional and statewide general offices, or with the

local board of the place of the candidate’s voting residence for general assembly, or state committee

or senatorial and representative district committee, or with the appropriate local board for local

officers. The declaration shall be signed by the candidate as his or her the candidate’s name

appears on the voting list. The signature shall be accepted as valid if it can be reasonably identified

to be the name and signature of the voter it purports to be. A variation of the voter’s signature by

the insertion or omission of identifying titles or by the substitution of initials for the first or middle

names of of both shall not in itself be grounds for invalidation of the signature. The declaration

shall also include the following information:

     (1) The candidate’s name as it appears on the voting list, subject to the same provisions as

relate to the voter’s signature on the declaration;

     (2) The address as it appears on the voting list, provided that an address which that is

substantially the same as the address on the voting list shall be valid;

     (3) The party declaration if seeking to run in a party primary;

     (4) The office sought;

     (5) The place and date of birth;

     (6) The length of residence in the state and in the town or city where he or she the

candidate resides;

     (7) A certification that he or she the candidate is neither serving a sentence, including

probation or parole, for which he or she the candidate was imprisoned upon final conviction of a

felony imposed on any date nor serving any sentence, whether incarcerated or suspended, on

probation or parole, upon final conviction of a felony committed after November 5, 1986;

     (8) A certification that he or she the candidate has not been lawfully adjudicated to be non

compos mentis, of unsound mind;

     (9) In the case of candidates for party nomination, a certification that he or she the

candidate has not been a member of a political party other than the declared party within ninety

(90) days of the filing date, except in the case of candidates for party nomination for a special

election for federal office, or for an election for federal office regularly scheduled for a time other

than the biennial general statewide election, that person shall not have been a member of a political

party other than the declared political party within thirty (30) days of the filing of his or her their

declaration of candidacy; and

     (10) If a person is a candidate for a state or local office, a certification that the person has

not within the preceding three (3) years served any sentence, incarcerated or suspended, on

probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere

or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of

imprisonment for six (6) months or more, whether suspended or to be served as was imposed.


 

 

 

121)

Section

Amended Chapter Numbers:

 

17-14-1.1

25 and 26

 

 

17-14-1.1. Party affiliation.

     Whenever any person seeks elective office, that person shall not have been a member of a

political party other than the declared political party within ninety (90) days of the filing of his or

her their declaration of candidacy, except for a special election for federal office, or for an election

for federal office regularly scheduled for a time other than the biennial general statewide election,

that person shall not have been a member of a political party other than the declared political party

within thirty (30) days of the filing of his or her their declaration of candidacy.


 

 

122)

Section

Amended Chapter Numbers:

 

17-14-11

25 and 26

 

 

17-14-11. Checking and certification of nomination papers — Challenge.

     Each nomination paper for party and independent candidates shall be submitted before four

o’clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city or

town where the signers appear to be voters or, in the case of special elections for state and local

office, on the twenty-eighth (28th) day before the primary, or in the case of special elections for

federal office, on the fifty-third (53rd) day before the primary. Nomination papers for independent

presidential candidates and presidential candidates of political parties, other than those defined in

§ 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each local

board shall immediately proceed to check signatures on each nomination paper filed with it against

the voting list as last canvassed or published according to law. The local boards shall certify a

sufficient number of names appearing on the nomination papers that are in conformity with the

requirements of § 17-14-8 to qualify the candidate for a position on the ballot, and after considering

any challenge under this section and, if necessary, certifying any additional valid names, shall

immediately file nomination papers for statewide office, general assembly, and state and district

committee candidates with the secretary of state; provided, that nomination papers for local

candidates shall be retained by the local board. If any candidate or the chairperson of any party

committee questions the validity or authenticity of any signature on the nomination paper, the local

board shall immediately and summarily decide the question, and for this purpose, shall have the

same powers as are conferred upon the board by the provisions of § 17-14-14. If any challenged

signature is found to be invalid, for any reason in law, or forged, then the signature shall not be

counted.


 

 

 

123)

Section

Amended Chapter Numbers:

 

17-14-12

25 and 26

 

 

17-14-12. Filing of nomination papers.

     All nomination papers for state offices or officers and all certified lists of candidates for

local offices or officers shall be filed in the office of the secretary of state (the certified lists by the

respective local boards), not later than fifty-four (54) days before the date of the primary held to

nominate candidates for general election; but when there is a primary to nominate candidates for

any office mentioned in § 17-15-7 to be voted upon at a special election for state and local office,

all nomination papers and lists of local candidates shall be filed in the office on or before the twenty-

sixth (26th) day preceding the day of the special primary election, or when there is a primary to

nominate candidates for any office listed in § 17-15-7 to be voted upon at a special election for

federal office, all nomination papers and lists of local candidates shall be filed in the office on or

before the forty-nineth (49th) day preceding the day of the special primary election. Nomination

papers for independent presidential candidates and presidential candidates of political parties other

than those defined in § 17-1-2(9) shall be filed in the office of the secretary of state by the local

boards of canvassers not later than fifty-four (54) days before the date of the election.


 

 

 

124)

Section

Amended Chapter Numbers:

 

17-15-3

131 and 132

 

 

17-15-3. Special election primaries.

     Party primary elections shall also be held for the purpose of nominating candidates for an

office or offices to be elected at any special election. In the event of a special election, the state

board shall fix the date or dates on which the various party primary elections shall be held; provided,

that all the party primary elections shall have been held by the thirtieth (30th) day first Tuesday

after the first Monday in the month preceding the date fixed for the special election; and provided,

further, that the date or dates fixed by the state board shall not be a religious holiday and shall be

held on the first Tuesday next after the first Monday of any month.


 

 

 

125)

Section

Amended Chapter Numbers:

 

17-15-4

131 and 132

 

 

17-15-4. Municipal primaries other than at time of general primaries.

     In those cities and towns that now by law hold elections for city or town officers on a day

other than the Tuesday after the first Monday in November biennially in each even year, a primary

election for the nomination of the city or town officials shall be held and the local board shall fix

the date of the election; provided, that the primary election shall have been held by the thirtieth

(30th) day first Tuesday after the first Monday in the month preceding the date fixed for the

election; and provided, further, that the date fixed by the local board shall not be a religious holiday

and shall be held on the first Tuesday next after the first Monday of any month.


 

 

 

126)

Section

Amended Chapter Numbers:

 

17-15-5

250 and 251

 

 

17-15-5. Combination of voting districts.

     Local boards shall have the power to combine two (2) or more voting districts within the

same ward, and senatorial or representative district, if applicable. and the combined district shall

be treated as a voting district, The local board may by unanimous vote make such designation for

any primary, special primary, or presidential preference primary, but only upon the approval of the

board of elections.


 

 

 

127)

Section

Amended Chapter Numbers:

 

17-18-15

11 and 12

 

 

17-18-15. Closing of schools.

     At each general election as defined in § 17-1-2(2) and, at each statewide primary as defined

in § 17-15-1, and at each primary for election of delegates to national conventions and for

presidential preference as defined in § chapter 12.1 of this title 17-12.1, all public elementary and

secondary schools throughout the state shall not be in session. On the day of the general election,

and the statewide primary, and the presidential preference primary, the use of school buildings or

premises shall be restricted to use only as polling places for election purposes. Notwithstanding the

previous provisions, school staff development days may be held. Provided further, that the

provisions of this section shall not be applicable to the Block Island School, located in the town of

New Shoreham, and the use of the Block Island School shall not be restricted, nor shall classes

need to be cancelled or postponed at said school, on the day of general elections, and statewide

primaries, and presidential preference primaries.


 

 

128)

Section

Amended Chapter Numbers:

 

17-19-3

140 and 141

 

 

17-19-3. Voting equipment and services — Specifications.

     (a) The board of elections shall, in consultation with the office of secretary of state, shall

develop, from time to time, and, in coordination with the general assembly for the purpose of

funding procurement, submit specifications to the department of administration that the department

of administration shall utilize in procuring voting equipment, voting systems, and services related

thereto in accordance with this chapter and chapter 2 of title 37 of the general laws. These

specifications and requests for proposals for the options of purchasing, leasing to own, or renting

precinct-count voting systems that utilize technologies, methods, and equipment considered

reasonable best practices for the state and in compliance with all laws, and for a full-service contract

for such voting systems, shall be constructed and shall operate in a manner that meets the following

minimum requirements:

     (1) It shall enable the voter to:

     (i) Mark his or her ballot and cast his or her vote in secrecy;

     (ii) Vote for all candidates of political parties or organizations, and for, or against, questions

as submitted;

     (iii) Vote for as many persons for an office as the voter is lawfully entitled to vote for, but

no more; and

     (iv) Vote on any question the voter may have the right to vote on;

     (2) It shall prevent the voter from voting for the same person more than once for the same

office;

     (3) The voting equipment shall allow the voter to cast one vote, thereby allowing the voter

to vote for all the presidential electors of a party by a clear and unambiguous means; provided, that

means shall be furnished by which the voter can cast a vote in part for the candidates for presidential

electors of one party, and in part for those of one or more other parties, or in part or in whole, for

persons not nominated by any party;

     (4) The precinct-counting system shall meet the following specifications:

     (i) Vote counting, including absentee ballots, shall be performed through the use of

automated electronic equipment;

     (ii) All vote counting shall be performed on equipment supplied as part of the bid. The

system shall not require the use of non-supplied equipment to count ballots or tabulate results;

     (iii) There shall be privacy enclosures in which a voter may mark his or her ballot or

otherwise cast his or her vote in secret;

     (iv) There shall be a device located in each polling place that can record the vote count and

tally the vote count in that polling place and that can produce a printed tally of all races contained

on said ballot in human, readable form. The device shall automatically print a “zero report” at the

beginning of the day when the device is activated. The device that receives ballots for counting

shall have an external counter indicating the number of ballots received. The actual vote tally shall

be capable of being performed only by election officials and shall not be visible during the actual

voting process. Each recording device shall ensure the security of voted ballots and ease of access;

     (v) As part of the voting process, there shall be created a physical ballot showing the votes

cast by an individual voter that is capable of being hand counted so that electronic-recorded device

totals can be checked for accuracy;

     (vi) There shall be a device at each polling place to receive the physical audit trail of ballots

cast and that shall securely store the ballots and have the capability of restricting access to the

ballots only to authorize officials;

     (vii) In the event of loss of electrical power, the polling place vote count shall be stored on

an ongoing basis in media that will retain the count of the votes cast to that point in time for a

period of no less than five (5) years;

     (viii) The polling place vote counts shall be stored on a stable media that may be easily

transported and that may be accessed and counted by an electronic device so that state, city, and/or

town vote totals can be electronically calculated by combining individual polling place totals. It

shall not be necessary to enter individual polling place totals by, and into, a central computer or

device for the purpose of producing the state, city, and/or town totals, but rather the electronic

media on which the polling place totals are stored shall be directly readable and accessible by a

regional or central device;

     (ix) There shall be a device that has the capability to electronically read the storage device

upon which the individual polling place totals are stored and that shall produce a combined total

for all races, which total can be printed in easily readable and legible form in a format prescribed

by the state board of elections;

     (x) The system provided shall allow the secretary of state to have the capability to design

the ballot format;

     (xi) The system shall provide a capability for the state, without the use of outside services,

to set up and prepare the counting devices to total an election; and

     (xii) The system must be capable of receiving voted ballots without counting when without

power and must provide for securely storing uncounted ballots;

     (5) The following minimum equipment shall be required for the state:

     (i) There shall be a minimum number of units to permit counting to be conducted in each

polling place within the state with a reserve of equipment on hand;

     (ii) There shall be a sufficient number of voting booths for each precinct to accommodate

voters as determined in this title;

     (iii) The number of polling place units and voting booths must be sufficient to permit the

election to run smoothly without excessive waiting of voters;

     (iv) If there is an increase in the number of polling places statewide during the term of the

contract, the vendor will supply additional polling place units and voting booths at a cost

proportional to the cost of the initial units pro rated for the balance of the agreement years;

     (v)(A) There shall be high-speed, absentee vote tabulating equipment. These tabulators, as

a whole, must be capable of counting absentee ballots at a reasonable best practices rate. The

tabulators shall utilize the same ballots used in the polling place;

     (B) This system shall have the following capabilities in connection with the counting of

ballots and producing results:

     (I) This system shall be able to read the media from the polling place units on which polling

place results are stored and shall be able to compile polling place results producing a ballot total

for each race; and

     (II) This system shall be capable of producing and printing out ballot totals on a polling-

place-by-polling-place basis for each race, and shall be capable of producing a final total and

subtotals of all races from all races and polling places in the state. All totals must be able to be

produced at any time, based upon the number of polling places counted up to that point in time,

and these printout results shall state the number of precincts counted and the percentage of precincts

reporting;

     (vi) There shall be all equipment necessary to program the system and erase the memory

devices;

     (vii) Reasonable best-practices tabulating equipment shall be located in each of the thirty-

nine (39) local boards of canvassers and the central tabulation equipment shall be located at the

state board of elections. The state board of elections, in conjunction with the service contract

vendor, no less than thirty (30) days prior to an election, shall test the tabulation system to be

utilized for the election and determine whether regional and/or central tabulation is adequate, and

if regional tabulation is required, so implement it. The tabulation system shall have the following

capabilities in connection with the counting of ballots and producing results:

     (A) This system shall be able to read the media from the polling place units on which

polling place results are stored and shall be able to compile polling place results producing a ballot

total for each race;

     (B) This system shall be capable of producing and printing out ballot totals on a polling-

place-by-polling-place basis for each race and shall be capable of producing a final total and

subtotal of all races from all races and polling places in the state;

     (C) All totals must be able to be produced at any time based upon the number of polling

places counted up to that point in time, and the printout results shall state the number of precincts

counted and the percentage of precincts reporting; and

     (D) This system shall be capable of transferring information gathered from the precincts

and, if regional and/or central tabulation sites are utilized, the system shall be capable of

transferring information gathered at any regional or central sites utilized by the thirty-nine (39)

local boards of canvassers;

     (6) All necessary programming and accumulation software shall be provided to run the

election system in accordance with the required specifications as well as all necessary and required

modules. Any software updates during the term of the agreement shall not be charged to the state;

     (7) The vendor of the precinct-count system shall provide written proof of compliance with

federal standards then in place and administered by the designated federal agency or organization

from an independent testing company and this written proof must be on file with the office of the

secretary of state and the state board of elections;

     (8) The vendor shall also provide the following information to be included in the vendor’s

bid proposal:

     (i)(A) An audited financial statement covering the previous five (5) years, and if the vendor

is not the manufacturer of the equipment, both the agent and manufacturer must submit an audited

financial statement covering the previous five (5) years with the bid;

     (B) In the event that either the vendor, agent, or manufacturer has been in existence for less

than five (5) years, that entity must submit an audited financial statement for each and every full

year that they have been in existence;

     (ii) Proof of experience in the field of elections including, but not limited to, years of

experience in this field and experience with a jurisdiction having the same needs as the state of

Rhode Island; and

     (iii) Names and addresses of the support organizations that will provide support of all

equipment.

     (b) The full-service plan shall include the following services, but, at the discretion of the

office of the secretary of state, shall not be limited to the following services:

     (1) Computer coding and layout of all ballots to be used in each election under contract,

including the printing of the ballot and the preparation of the ballot-reading and accessible voting

device to ensure that the ballots are compatible with the ballot-reading device. Subsequent thereto,

the state board of elections shall be responsible for the following:

     (2) Testing of each precinct count and accessible voting unit for logic and accuracy

including calibration of any touchscreens and the testing of the coding by creating a sufficient

number of ballots on the accessible voting units and ensuring the ballots are accurate and properly

read by the precinct count unit;

     (3) Testing of each programmed memory device on each precinct count and accessible

voting unit;

     (4) Set up of each precinct-count and accessible voting unit at each polling place;

     (5) Maintenance of all precinct-count and accessible voting units;

     (6) Training of poll workers;

     (7) On-site election night staff at the central tabulation location and any other locations as

may be determined by the state board to receive and transmit election results;

     (8) On-site election day field technicians to respond to repair calls;

     (9) Providing the following equipment and supplies:

     (i) Secrecy covers for voted ballots;

     (ii) Demonstration ballots;

     (iii) Precision-cut shell program ballots ready for printing with timing marks;

     (iv) Marking pens;

     (v) Ballot transfer cases;

     (vi) Envelopes for mailing and receiving absentee ballots; and

     (vii) Printer ribbons, paper tape rolls, and seals.

     (c) Any bid proposal by an offeror for a precinct-count system and a full-service agreement

for a precinct-count system that does not conform in all respects to the requirements of subdivisions

subsections (a)(1) — (b)(9)(vii) of this section may be accepted by the office of the secretary of

state with the consent of the department of administration. The office of the secretary of state shall

memorialize the acceptance of any bid proposal that does not conform with the requirements of

subsections (a)(1) — (b)(9)(vii) of this section in each instance of such non-conformance.

     (d) The office of the secretary of state periodically shall conduct a review of the election

system, provide a report to the general assembly, and shall be responsible for establishing minimum

requirements and specifications for the procurement of voting equipment and services.


 

 

129)

Section

Amended Chapter Numbers:

 

17-19-14

140 and 141

 

 

17-19-14. Preparation of voting equipment for election — Testing.

     (a) Prior to any election at which optical scan precinct count voting units are to be used,

including those that are accessible for voters who are blind, visually impaired, or disabled, the

secretary of state shall prepare the layout and format of the computer ballot in conjunction with the

voting equipment vendor under contract with the state. The secretary of state shall be responsible

for the coding and layout of all computer ballots to be used in each election under contract,

including the printing of the ballot and the preparation of the device to ensure that the ballots are

displayed correctly on the accessible voting units and compatible with the device, and shall transfer

all information relative to the ballot and its preparation to the state board.

     (b) Subsequently, the state board, in conjunction with the voter equipment vendor under

contract with the state, shall be responsible for the testing of the programmed memory cartridge,

the testing of each unit for logic and accuracy, including ensuring the accessible voting unit is

properly calibrated and correctly coded, and the set up of each optical scan precinct unit at each

polling place. The state board of elections shall determine, and document on the forms provided

for that purpose, the fact that the programmed memory device cartridges for the optical scan

precinct count and accessible voting units are in good working order, that the daily counter is at

zero, and all of the candidates’ counters are set at zero and record no vote for any candidate.

     (c) The state board of elections, in conjunction with the voting equipment vendor under

contract with the state, shall publicly conduct these tests on each programmed cartridge for each

optical scan precinct count and accessible voting unit to be used for the election. This testing shall

be made as near to the time of the election as is feasible.

     (d) The state board of elections, in consultation with the secretary of state, shall promulgate

rules and regulations on logic and accuracy testing protocols, pursuant to chapter 35 of title 42

("administrative procedures").


 

 

130)

Section

Amended Chapter Numbers:

 

17-25-3

357 and 377

 

 

17-25-3. Definitions.

     As used in this chapter, unless a different meaning clearly appears from the context:

     (1) “Accounts payable” means credit extended to a candidate or political committee, for

campaign expenditures; provided that, the credit extended is in the ordinary course of the vendor’s

business, and the terms are substantially similar, in risk and amount, to extensions of credit to

nonpolitical customers.

     (1)(2) “Business entity” means any corporation, whether for profit or not for profit,

domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial institution,

cooperative, association, receivership, trust, holding company, firm, joint stock company, public

utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the

laws of the United States and/or the state of Rhode Island for the purpose of doing business. The

term “business entity” shall not include a political action committee organized pursuant to this

chapter or a political party committee or an authorized campaign committee of a candidate or office

holder. The term “business entity” shall not include any exempt nonprofit as defined herein or any

organization described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent

corresponding internal revenue code of the United States, as amended from time to time, for the

purposes of chapter 25.3 of title 17.

     (2)(3) “Candidate” means any individual who undertakes any action, whether preliminary

or final, which is necessary under the law to qualify for nomination for election or election to public

office, and/or any individual who receives a contribution or makes an expenditure, or gives his or

her their consent for any other person to receive a contribution or make an expenditure, with a

view to bringing about his or her their nomination or election to any public office, whether or not

the specific public office for which he or she they will seek nomination or election is known at the

time the contribution is received or the expenditure is made and whether or not he or she has they

have announced his or her their candidacy or filed a declaration of candidacy at that time.

     (3)(4) “Conduit” or “intermediary” means any person who receives and forwards an

earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise

limited in this chapter.

     (4)(5) “Contributions” and “expenditures” include all transfers of money, credit or debit

card transactions, on-line or electronic payment systems such as “pay pal,” paid personal services,

or other thing of value to or by any candidate, committee of a political party, or political action

committee or ballot question advocate. A loan shall be considered a contribution of money until it

is repaid.

     (18)(6) “Covered transfer” means any transfer or payment of funds by any person, business

entity, or political action committee to another person, business entity, or political action committee

if the person, business entity, or political action committee making the transfer: (i) Designates,

requests, or suggests that the amounts be used for independent expenditures or electioneering

communications or making a transfer to another person for the purpose of making or paying for

such independent expenditures or electioneering communications; (ii) Made such transfer or

payment in response to a solicitation or other request for a transfer or payment for the making of

or paying for independent expenditures or electioneering communications or making a transfer to

another person for the purpose of making or paying for such independent expenditures or

electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or

payment regarding independent expenditures or electioneering communications or making a

transfer to another person for the purpose of making or paying for such independent expenditures

or electioneering communications; or (iv) Made independent expenditures or electioneering

communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-

year (2) period ending on the date of the transfer or payment, or knew or had reason to know that

the person receiving the transfer or payment made such independent expenditures or electioneering

communications in such an aggregate amount during that two-year (2) period.

     (A) Exceptions: The term “covered transfer” does not include:

     (I) A transfer or payment made by a person, business entity, or political action committee

in the ordinary course of any trade or business conducted by the person, business entity, or political

action committee or in the form of investments made by the person, business entity, or political

action committee; or

     (II) A transfer or payment made by a person, business entity, or political action committee

if the person, business entity, or political action committee making the transfer prohibited, in

writing, the use of such transfer or payment for independent expenditures, electioneering

communications, or covered transfers and the recipient of the transfer or payment agreed to follow

the prohibition and deposited the transfer or payment in an account that is segregated from any

account used to make independent expenditures, electioneering communications, or covered

transfers.

     (5)(7) “Earmarked” means a designation, instruction, or encumbrance, whether direct or

indirect, express or implied, oral or written, that results in all or any part of a contribution or

expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s

authorized committee.

     (6)(8) “Election” means any primary, general, or special election or town meeting for any

public office of the state, municipality, or district, or for the determination of any question

submitted to the voters of the state, municipality, or district.

     (7)(9) “Election cycle” means the twenty-four month (24) period commencing on January

1 of odd number years and ending on December 31 of even number years; provided, with respect

to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and

17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of

odd numbered years and ending December 31 of even numbered years.

     (16)(10) “Electioneering communication” means any print, broadcast, cable, satellite, or

electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate,

authorized candidate campaign committee, or political party committee and that unambiguously

identifies a candidate or referendum and is made either within sixty (60) days before a general or

special election or town meeting for the office sought by the candidate or referendum; or thirty (30)

days before a primary election, for the office sought by the candidate; and is targeted to the relevant

electorate.

     (i) A communication that refers to a clearly identified candidate or referendum is “targeted

to the relevant electorate” if the communication can be received by two thousand (2,000) or more

persons in the district the candidate seeks to represent or the constituency voting on the referendum.

     (ii) Exceptions: The term “electioneering communication” does not include:

     (A) A communication appearing in a news story, commentary, or editorial distributed

through the facilities of any broadcasting station, unless such facilities are owned or controlled by

any political party, political committee, or candidate;

     (B) A communication that constitutes a candidate debate or forum conducted pursuant to

regulations adopted by the board of elections or that solely promotes such a debate or forum and is

made by or on behalf of the person sponsoring the debate or forum;

     (C) A communication made by any business entity to its members, owners, stockholders,

or employees;

     (D) A communication over the internet, except for (I) Communications placed for a fee on

the website of another person, business entity, or political action committee; and (II) Websites

formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election

or defeat of a clearly identified candidate or the passage or defeat of a referendum; or

     (E) Any other communication exempted under such regulations as the board of elections

may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate

implementation of this paragraph.

     (21)(11) “Exempt nonprofit” means any organization described in § 501(c)(4) of the

Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%)

of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on

independent expenditures, electioneering communications, and covered transfers as defined herein

and certifies the same to the board of elections seven (7) days before and after a primary election

and seven (7) days before and after a general or special election.

     (12) “Fair market value” means the usual and normal charge for goods and services as

determined by the marketplace from which they ordinarily would have been purchased at a usual

and normal charge in an arms length transaction.

     (i) For purposes of this subsection, “usual and normal charge for goods” means the price

of those goods in the market from which they ordinarily would have been purchased at the time of

the contribution. “Usual and normal charge for services”, other than those provided by an unpaid

volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate

prevailing at the time the services are rendered.

     (19)(13) For the purposes of chapter 25.3 of this title 17, “donation” means all transfers of

money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,”

paid personal services, or other thing of value to or by any person, business entity, or political

action committee. A loan shall be considered a donation of money until it is repaid.

     (20)(14) For the purposes of chapter 25.3 of this title 17, “donor” means a person, business

entity, or political action committee that makes a donation.

     (22)(15) For purposes of chapter 25.3 of this title 17, “referendum” means the same as the

definition set forth in § 17-5-1.

     (17)(16) “Independent expenditure” means an expenditure that, when taken as a whole,

expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat

of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no

way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate

committee, or political party committee. An expenditure amounts to the functional equivalent of

express advocacy if it can only be interpreted by a reasonable person as advocating the election,

passage, or defeat of a candidate or referendum, taking into account whether the communication

mentions a candidate or referendum and takes a position on a candidate’s character, qualifications,

or fitness for office. An independent expenditure is not a contribution to that candidate or

committee.

     (i) Exceptions: The term “independent expenditure” does not include:

     (A) A communication appearing in a news story, commentary, or editorial distributed

through the facilities of any broadcasting station, unless such facilities are owned or controlled by

any political party, political committee, or candidate;

     (B) A communication that constitutes a candidate debate or forum conducted pursuant to

regulations adopted by the board of elections or that solely promotes such a debate or forum and is

made by or on behalf of the person sponsoring the debate or forum;

     (C) A communication made by any business entity to its members, owners, stockholders,

or employees;

     (D) A communication over the internet, except for (I) Communications placed for a fee on

the website of another person, business entity, or political action committee; and (II) Websites

formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election

or defeat of a clearly identified candidate or the passage or defeat of a referendum; or

     (E) Any other communication exempted under such regulations as the board of elections

may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate

implementation of this paragraph.

     (8)(17) “In-kind contributions” means the monetary value of other things of value or paid

personal services donated to, or benefiting, any person required to file reports with the board of

elections.

     (9)(18) “Other thing of value” means any item of tangible real or personal property of a

fair-market value in excess of one hundred dollars ($100).

     (10)(19) “Paid personal services” means personal services of every kind and nature, the

cost or consideration for which is paid or provided by someone other than the committee or

candidate for whom the services are rendered, but shall not include personal services provided

without compensation by persons volunteering their time.

     (11)(20) “Person” means an individual, partnership, committee, association, corporation,

union, charity, and/or any other organization. The term “person” shall not include any exempt

nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue

Code of 1986, or any subsequent corresponding internal revenue code of the United States, as

amended from time to time, for the purposes of chapter 25.3 of this title 17 only.

     (12)(21) “Political action committee” means any group of two (2) or more persons that

accepts any contributions to be used for advocating the election or defeat of any candidate or

candidates. Only political action committees that have accepted contributions from fifteen (15) or

more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted

to make contributions, and those committees must make contributions to at least five (5) candidates

for state or local office within an election cycle.

     (13)(22) “Public office” means any state, municipal, school, or district office or other

position that is filled by popular election, except political party offices. “Political party offices”

means any state, city, town, ward, or representative or senatorial district committee office of a

political party or delegate to a political party convention, or any similar office.

     (14)(23) “State” means state of Rhode Island.

     (15)(24) “Testimonial affair” means an affair of any kind or nature including, but not

limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs

expressly and directly intended to raise campaign funds in behalf of a candidate to be used for

nomination or election to a public office in this state, or expressly and directly intended to raise

funds in behalf of any state or municipal committee of a political party, or expressly and directly

intended to raise funds in behalf of any political action committee.


 

 

 

131)

Section

Amended Chapter Numbers:

 

17-25-7

357 and 377

 

 

17-25-7. Contents of reports to be filed by treasurers of candidates and committees.

     (a) Each campaign treasurer of a candidate, each state and municipal committee of a

political party, and each political action committee shall keep accurate records and make a full

report, upon a form prescribed by the board of elections, of all contributions received, and

expenditures made, by it in excess of a total of one hundred dollars ($100) two hundred dollars

($200), from any one source within a calendar year, in furtherance of the nomination, election, or

defeat of any candidate or the approval or rejection of any question submitted to the voters, or at

any financial town meeting, financial town referendum, or other election at which amendments to

a city or town charter are proposed, during the period from the date of the last report, or in the case

of the initial report, beginning on the date of the appointment of the campaign treasurer for state

and municipal committees and political action committees and on the date a person becomes a

“candidate” as defined in § 17-25-3(2) for individual candidates. The report shall contain the name,

address, and place of employment of each person or source from whom the contributions and

expenditures in excess of one hundred dollars ($100) two hundred dollars ($200), were received or

made and the amount contributed or expended by each person or source. The report shall be filed

with the board of elections on the dates designated in § 17-25-11. The campaign treasurer of the

candidate or committee reporting shall certify to the correctness of each report. Notwithstanding

any other provisions contained in this title, this subsection shall apply to any person or entity

advocating the approval or rejection of any question presented to voters at any financial town

meeting, financial town referendum, or other election at which amendments to a city or town charter

are proposed, which shall file reports of contributions or expenditures in accordance with the filing

schedule established by § 17-25-11 if the total of the money so expended exceeds one hundred

dollars ($100) two hundred dollars ($200), in a calendar year. As used in this subsection, the word

“entity” means any political action committee, political party committee, authorized campaign

committee of a candidate or officer holder, corporation, whether for profit, not-for-profit, or exempt

nonprofit pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, domestic corporation or

foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, association,

receivership, partnership, committee, union, charity, trust, holding company, firm, joint stock

company, public utility, sole proprietorship, limited partnership, or any other entity recognized by

the laws of the United States and/or the state of Rhode Island.

     (b) Each state and municipal committee of a political party shall also file with the board of

elections, not later than March 1 of each year, an annual report setting forth in the aggregate all

contributions received and all expenditures made during the previous calendar year, whether or not

these expenditures were made, incurred, or authorized in furtherance of the election or defeat of

any candidate. The treasurer of the committee or organization reporting shall certify to the

correctness of each report.

     (c) Any report filed pursuant to the provisions of this section shall include contributions

received from any “testimonial affair,” as defined in § 17-25-3, held since the date of the most

recent report filed.


 

 

 

132)

Section

Amended Chapter Numbers:

 

17-25-10.1

357 and 377

 

 

17-25-10.1. Political contributions — Limitations.

     (a)(1) No person, other than the candidate to his or her own campaign, nor any political

action committee shall make a contribution or contributions to any candidate, as defined by § 17-

25-3, or political action committee or political party committee that, in the aggregate, exceed one

thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar year; nor shall any

political action committee make such contributions that in the aggregate, exceed twenty-five

thousand dollars ($25,000) within a calendar year; nor shall any candidate or any political action

committee or any political party committee accept a contribution or contributions that, in the

aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar

year from any one person or political action committee.

     (2) Notwithstanding the provisions of subdivision (1) of this subsection subsection (a)(1)

of this section, a person or political action committee or political party committee may contribute

an amount that in the aggregate, does not exceed ten thousand dollars ($10,000) within a calendar

year to a political party committee, which funds can be utilized for organizational and party building

activities, but shall not be used for contributions to candidates state and local for public office.

     (b) Contributions to a named candidate made to any political committee authorized by that

candidate to accept contributions on the candidate’s behalf shall be considered to be contributions

made to the candidate. Contributions to a candidate by a political committee for another person

shall be considered to be contributions by that person.

     (c) Expenditures made by any person in cooperation, consultation, or concert with, or at

the request or suggestion of, a candidate, the candidate’s authorized political committees, or their

agents shall be considered to be a contribution to the candidate.

     (d) The financing by any person of the dissemination, distribution, or republication, in

whole or in part, of any broadcast or any written, graphic, or other form of campaign materials

prepared by the candidate, the candidate’s campaign committees, or their authorized agents shall

be considered to be a contribution to a candidate.

     (e) Nothing in this section shall be construed to restrict political party committees

organized pursuant to this title from making contributions to the candidates of that political party;

provided, that these contributions, other than allowable “in-kind” contributions, shall not exceed,

in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar

year; nor shall any candidate accept a contribution or contributions, other than allowable “in-kind”

contributions, that, in the aggregate, exceed twenty-five thousand dollars ($25,000) within a

calendar year from all committees of his or her political party. There shall be no restriction on the

amount of “in-kind” contributions that a political party committee may make to a candidate of its

political party; provided, that for the purposes of this subsection only, the cost of any preparation

and airing of television and/or radio advertisements and the cost of any print advertisements shall

not be considered an allowable “in-kind” contribution and shall be subject to the aggregate

limitation of twenty-five thousand dollars ($25,000).

     (f)(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall

be deemed a contribution from the individual for the purpose of determining whether aggregate

contributions exceed either the one hundred dollar ($100) two hundred dollar ($200) threshold for

reporting purposes or the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum for

contributions to a single candidate or political action committee within a calendar year.

     (2) No dependent child shall contribute an amount that, when added to contributions

already made by that child’s parent or legal guardian and by other dependent children of that parent

or legal guardian, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum

for contributions to a single candidate or political action committee within a calendar year.

     (g) Nothing in this section shall be construed to restrict the amount of money that a

candidate can borrow in his or her own name, and subsequently contribute or loan to his or her own

campaign.

     (h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic

corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any

campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political

action committee, or political party committee, or for any candidate, political action committee, or

political party committee to accept any campaign contribution or expenditure from a corporation

or other business entity. Any contribution made in the personal name of any employee of a

corporation or other business entity, for which the employee received or will receive reimbursement

from the corporation or other business entity, shall be considered as a contribution by the

corporation or other business entity, in violation of this section.

     (2) Any voluntary payroll deduction and/or contribution made by employees of a

corporation or other business entity shall not be deemed a contribution of a corporation or other

business entity, notwithstanding that the contributions were sent to the recipient by the corporation

or other business entity.

     (i) All contributions of funds shall be by check, money order, or credit card and may be

made over the internet, but in each case the source of the funds must be identified; provided, that

candidates, political action committees, and political party committees may accept contributions in

cash that do not exceed twenty-five dollars ($25.00) in the aggregate from an individual within a

calendar year. The cash contribution must be delivered directly by the donor to the candidate, the

campaign treasurer, or deputy treasurer. The treasurer or deputy treasurer shall maintain a record

of the name and address of all persons making these cash contributions.

     (j) Except as provided in subsection (h) of this section, no entity other than an individual,

a political action committee which is duly registered and qualified pursuant to the terms of this

chapter, political party committee authorized by this title, or an authorized committee of an elected

official or candidate established pursuant to this chapter shall make any contribution to or any

expenditure on behalf of or in opposition to any candidate, political action committee, or political

party.

     (k) For purposes of the limitations imposed by this section, all contributions made by a

person, either directly or indirectly, on behalf of a particular candidate, including contributions that

are in any way earmarked or otherwise directed through an intermediary or conduit to such

candidate, shall be treated as contributions from such person to such candidate. The intermediary

or conduit shall report the original source and the intended recipient of such contribution to the

board of elections and to the intended recipient, in accordance with regulations and reporting

requirements promulgated by the board of elections.


 

 

 

133)

Section

Amended Chapter Numbers:

 

17-25-11

357 and 377

 

 

7-25-11. Dates for filing of reports by treasurers of candidates or of committees.

     (a) During the period between the appointment of the campaign treasurer for state and

municipal committees and political action committees, or in the case of an individual the date on

which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(23),

except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election

in which case the ninety-day (90) report shall be included as part of the report required to be filed

on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election

pursuant to subdivision subsection (a)(2) of this subsection section, and the election, with respect

to which contributions are received or expenditures made by him or her in behalf of, or in opposition

to, a candidate, the campaign treasurer of a candidate, a political party committee, or a political

action committee shall file a report containing an account of contributions received, and

expenditures made, on behalf of, or in opposition to, a candidate:

     (1) At ninety-day (90) intervals commencing on the date on which the individual first

becomes a candidate, as defined in § 17-25-3(23);

     (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

preceding the day of the primary, general, or special election; provided, that in the case of a primary

election for a special election where the twenty-eighth (28th) day next preceding the day of the

primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-

14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the

day of the primary election for the special election; and

     (3) A final report on the twenty-eighth (28th) day following the election. The report shall

contain:

     (i) The name and address and place of employment of each person from whom

contributions in excess of a total of one hundred dollars ($100) two hundred dollars ($200), within

a calendar year were received;

     (ii) The amount contributed by each person;

     (iii) The name and address of each person to whom expenditures in excess of one hundred

dollars ($100) two hundred dollars ($200), were made; and

     (iv) The amount and purpose of each expenditure.

     (b) Concurrent with the report filed on the twenty-eighth (28th) day following an election,

or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or

political action committee, may certify to the board of elections that the campaign fund of the

candidate, political party committee, or political action committee having been instituted for the

purposes of the past election, has completed its business and been dissolved or, in the event that

the committee will continue its activities beyond the election, that its business regarding the past

election has been completed. The certification shall be accompanied by a final accounting of the

campaign fund, or of the transactions relating to the election, including the final disposition of any

balance remaining in the fund at the time of dissolution or the arrangements that have been made

for the discharge of any obligations remaining unpaid at the time of dissolution.

     (c)(1) Once the campaign treasurer certifies that the campaign fund has completed its

business and been dissolved, no contribution that is intended to defray expenditures incurred on

behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that

the campaign treasurer certifies that the campaign fund has completed its business and been

dissolved, the treasurer shall file reports containing an account of contributions received and

expenditures made at ninety-day (90) intervals commencing with the next quarterly report

following the election; however, the time to file under this subsection shall be no later than the last

day of the month following the ninety-day (90) period, except when the last day of the month filing

deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days

before an election, in which case the report shall be filed pursuant to the provisions of subdivisions

subsections (a)(1) and (a)(2) of this section. Provided, however, if the last day of the month falls

on a weekend or a holiday, the report shall be due on the following business day.

     (2) In addition to the reports required pursuant to this section, a candidate or office holder

shall also file with the board of elections a paper copy of the account statement from the office

holder’s campaign account, which account statement shall be the next account statement issued by

their financial institution after the filing of the fourth quarterly campaign expense report. The

account statement shall be submitted to the board within thirty (30) days of its receipt by the

candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed

a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents,

and employees shall not publish, deliver, copy, or disclose, to any person or entity any account

statement or information contained therein for any candidate, former candidate, officeholder, party,

or political action committee. Provided, as to state and municipal political parties, the requirements

of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7.

     (d)(1) There shall be no obligation to file the reports of expenditures required by this

section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of

the candidacy by the candidate, by any political party committee, by any political action committee,

or by any person shall not in the aggregate exceed one thousand dollars ($1,000) two thousand

dollars ($2,000).

     (2) However, even though the aggregate amount expended on behalf of the candidacy does

not exceed one thousand dollars ($1,000) two thousand dollars ($2,000), reports must be made

listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100)

two hundred dollars ($200) from any one source, within a calendar year. Even though the aggregate

amount expended on behalf of the candidacy does not exceed one thousand dollars ($1,000) two

thousand dollars ($2,000) and no contribution from any one source, within a calendar year one

hundred dollars ($100) two hundred dollars ($200), the report shall state the aggregate amount of

all contributions received. In addition, the report shall state the amount of aggregate contributions

that were from individuals, the amount from political action committees, and the amount from

political party committees.

     (e) On or before the first date for filing contribution and expenditure reports, the campaign

treasurer may file a sworn statement that the treasurer will accept no contributions nor make

aggregate expenditures in excess of the minimum amounts for which a report is required by this

chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

campaign, other than the final report due on the twenty-eighth (28th) day following the election.

     (f) A campaign treasurer must file a report containing an account of contributions received

and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section

for any ninety-day (90) period in which the campaign received contributions in excess of a total of

one hundred dollars ($100) two hundred dollars ($200), within a calendar year from any one source

and/or made expenditures in excess of one thousand dollars ($1,000) two thousand dollars ($2,000)

within a calendar year; however, the time to file under this subsection shall be no later than the last

day of the month following the ninety-day (90) period, except when the last day of the month filing

deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days

before an election, in which case the report shall be filed pursuant to the provisions of subdivisions

subsections (a)(1) and (a)(2) of this section. Provided, however, if the last day of the month falls

on a weekend or a holiday, the report shall be due on the following business day.

     (g)(1) The board of elections may, for good cause shown and upon the receipt of a written

or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request

must be received no later than the date upon which the report is due to be filed.

     (2) Any person or entity required to file reports with the board of elections pursuant to this

section and who or that has not filed the report by the required date, unless granted an extension

pursuant to subdivision subsection (g)(1) of this subsection section, shall be fined twenty-five

dollars ($25.00). Notwithstanding any of the provisions of this section, the board of elections shall

have the authority to waive late filing fees for good cause shown.

     (3) The board of elections shall send a notice of non-compliance, by certified mail, to any

person or entity who or that fails to file the reports required by this section. A person or entity who

or that is sent a notice of non-compliance and fails to file the required report within seven (7) days

of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the

notice of non-compliance until the day the report has been received by the state board.

Notwithstanding any of the provisions of this section, the board of elections shall have the authority

to waive late filing fees for good cause shown.


 

 

 

 

 

 

134)

Section

Amended Chapter Numbers:

 

17-25-19

357 and 377

 

 

17-25-19. Public financing of election campaigns — Outlined.

     (a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available

under the terms and conditions of this section and §§ 17-25-20 — 17-25-27 to qualifying candidates

for general office and primary elections who agree to abide by a limitation on the total amount of

campaign contributions received and expenditures made for election purposes.

     (b) Candidates for general office and primary elections shall be eligible to receive two

dollars ($2.00) of public funds for each qualified dollar ($1.00) of private funds contributed which

do not exceed an aggregate of five hundred dollars ($500) from a single source within an election

cycle and one dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds

contributed which exceed an aggregate of five hundred dollars ($500) from a single source within

an election cycle but do not exceed the limitations on aggregate contributions which are eligible to

be matched set in subdivision § 17-25-20(3), subject to the provisions of subdivision § 17-25-20(2).

The total amount of public funds provided to a candidate shall not exceed seven hundred fifty

thousand dollars ($750,000) in matching funds for a total of one million five hundred thousand

dollars ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five

hundred dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand

dollars ($375,000) for candidates for other general offices.

     (c) In order to be eligible for matching public funds, each candidate at the time he or she

becomes a candidate, as defined in subdivision § 17-25-3(23), but no later than 4:00 pm on the last

day for filing declarations of candidacy for general office, must sign a statement under oath

pledging to comply with the limitations on campaign contributions and expenditures and with all

of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement

with his or her declaration for office shall be ineligible to receive public funds.


 

 

 

135)

Section

Amended Chapter Numbers:

 

17-25-20

357 and 377

 

 

17-25-20. Eligibility criteria for matching public funds.

     In order to receive matching public funds under § 17-25-19, a qualifying candidate must

comply with the following requirements:

     (1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging

to comply with the limitations on contributions and expenditures for election purposes and with all

the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for

general office shall be bound to abide by the limitations on contributions and expenditures set forth

in this chapter and may not withdraw from his or her obligation to abide by these restrictions.

     (2)(i) Subject to the provisions of paragraph (ii) of this subdivision subsection (2)(ii) of

this section, no participating candidate shall either receive or expend for election purposes more

than a total of public and private funds in the sum of one million five hundred thousand dollars

($1,500,000) in an election cycle. No participating candidate for general office other than governor

shall receive or expend for election purposes more than a total of public and private funds in the

sum of three hundred seventy-five thousand dollars ($375,000) in an election cycle.

     (ii) The limitations on contributions received from private sources, matching funds

available from the state, and total permitted expenditures shall apply in the 1994 general election

and, subject to appropriations by the general assembly, shall increase by a percentage to be

determined by the board of elections in January of each year in which a general election involving

general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in

the consumer price index since the month in which the previous general election involving general

offices was held.

     (3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary

contributions from a single private source within an election cycle shall be eligible for matching

public funds for candidates for governor; provided, that the entire amount contributed shall be

considered toward the dollar limits provided in subdivision subsection (2) of this section.

     (ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary

contributions from a single private source within an election cycle shall be eligible for matching

public funds for candidates for lieutenant governor, secretary of state, attorney general, and general

treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits

provided for in subdivision subsection (2) of this section.

     (iii) Any private funds lawfully contributed during the current election cycle shall be

eligible for matching public funds subject to the terms and conditions of this section, and private

funds donated during a preceding election cycle shall not be eligible for matching public funds.

     (4) The direct costs incurred in connection with raising campaign funds on behalf of a

candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures

set forth in subdivision subsection (2) of this section. Direct costs shall include costs of printing

and mailing invitations to fundraising events, solicitations for contributions, costs of hosting

fundraising events, and travel to those events, but shall not include any portion of the salary or

wages of campaign employees, nor the cost of any radio, television,

computer/Internetinternet/electronic device, or printed advertisement. The cost of a fundraising

event must be less than the amount of money realized from the gross proceeds generated by the

fundraising event in order to qualify for this exclusion.

     (5) If a candidate who has accepted public funds makes expenditures in excess of the

permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an

amount equal to three (3) times the amount of excess funds expended. In addition, the candidate

shall be ineligible for further participation in the public financing program during the same election

cycle.

     (6) In order to receive payments under this section, any candidate for general office shall

first meet the following additional minimum requirements:

     (i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the

total amount eligible to be matched for election as to the office sought;

     (ii) Receive private contributions from a minimum of two hundred fifty (250) individuals

contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive

private contributions from a minimum of one hundred (100) individuals contributing at least

twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, attorney

general, and general treasurer; and

     (iii) Comply with any and all applicable nomination provisions in this title and qualify for

the general election ballot pursuant to the process set forth in this title; and

     (iv) Have no outstanding fines owed to the board of elections.

     (7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 of this

chapter and no private funds used to qualify for the public funds shall be expended by the candidate

for any purpose except to pay reasonable and necessary expenses directly related to the candidate’s

campaign.

     (8) No public funds shall be expended by the candidate, except for one or more of the

following uses directly related to the campaign of the candidate:

     (i) Purchase of time on radio or television stations; provided, however, the content of all

television time shall include captioning for the deaf and hard of hearing and the content of all radio

time must be available in a written or text format at the time of request;

     (ii) Purchase of rental space on outdoor signs or billboards;

     (iii) Purchase of advertising space on the computer/Internetinternet/electronic device and

in newspapers and regularly published magazines and periodicals;

     (iv) Payment of the cost of producing the material aired or displayed on radio, television,

outdoor signs or billboards, and computer/Internetinternet/electronic device and in newspapers,

regularly published magazines, and periodicals;

     (v) Payment of the cost of printing and mailing campaign literature and brochures;

     (vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign

paraphernalia;

     (vii) Payment of the cost of legal and accounting expenses incurred in complying with the

public financing law and regulations as required by this chapter;

     (viii) Payment of the cost of telephone deposits, installation charges, and monthly billings

in excess of deposits;

     (ix) Payment of the costs of public opinion polls and surveys; and

     (x) Payment of rent, utilities and associated expenses connected with the operation of an

election headquarters or satellite election offices.

     (9) Contributions received and expended by any candidate for the purpose of defraying any

expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in

furtherance of his or her the candidate’s candidacy in a previous election cycle, as defined in

subdivision § 17-25-3(711), shall not be counted toward any contribution or expenditure limitation

in §§ 17-25-18 — 17-25-27.

     (10) No candidate who has elected to receive public funds shall contribute to or loan to his

or her the candidate’s own campaign a sum in excess of five percent (5%) of the total amount that

a candidate is permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-

21.


 

 

136)

Section

Amended Chapter Numbers:

 

17-25-21

357 and 377

 

 

17-25-21. Primary elections.

     Any candidate eligible to receive public funds and electing to receive these funds who is

challenged for nomination for general office in a political party primary shall be permitted to raise

and expend an additional amount of private funds equal to one-third (⅓) of the maximum allowable

expenditure amount for the office or equal to the total amount spent by the candidates’ opponent

or opponents in the primary, whichever amount is less. The additional amount received in

contributions must be expended prior to the primary election. The additional private contributions

shall not be eligible for matching public funds. Any candidate eligible to receive public funds and

electing to receive these funds may use public funds made available pursuant to this chapter for

any allowable expense, as defined in § 17-25-20, to seek party nomination for general office.


 

 

137)

Section

Amended Chapter Numbers:

 

17-25-22

357 and 377

 

 

17-25-22. Time period for payment of public funds.

     (a) No public funds shall be dispersed to candidates until after the date of the primary

election. In order to receive matching public funds, the candidate must be a candidate for general

office who meets all of the requirements set forth in subdivision § 17-25-20(6). The candidate must

submit to the board of elections proof of receipt of qualifying private contributions and supporting

documentation as required by the board. The board of elections shall, within five (5) business days

of the receipt of the request for payment of matching funds, either pay over funds to the candidate

or disallow all or a portion of the request and state in writing the reasons for the disallowance.

     (b) A candidate may submit supplemental applications for public funds until the time that

the permitted limits are reached.


 

 

138)

Section

Amended Chapter Numbers:

 

16-2-27

97 and 98

 

 

16-2-27. Eligibility for attendance — Kindergarten.

     Every child who has attained, or will have attained, five (5) years of age on or before

September 1 of any school year shall be eligible to attend kindergarten during all the days that the

kindergartens are in session during the school year. Every child who has attained, or will have

attained, six (6) years of age on or before September 1 of any school year shall attend kindergarten

during all the days that the kindergartens are in session during the school year if said child has not

previously attended and successfully completed kindergarten. If When a child is enrolled in

kindergarten, the attendance requirements of § 16-19-1 shall apply. All school districts shall

provide full-day kindergarten to every eligible student pursuant to chapter 99 of this title 16.


 

 

139)

Section

Repealed Chapter Numbers:

 

16-2-28

97 and 98

 

 

16-2-28. [Repealed]


 

 

 

140)

Section

Amended Chapter Numbers:

 

16-2-32

113 and 114

 

 

16-2-32. Policy manual for school committee.

     (a) All school committees in the state will have a policy manual. The policy manual will

have all school committee policies in writing, properly indexed, and kept up to date. The policy

manuals will be a source used to govern each school system. At least one policy manual will be

available to the faculty and staff in each school library. At least one policy manual will be available

for public reference at each administrative building and public library. Regularly updated policy

manuals shall be made available to the public on the website of each school district. Provided, any

school or school district comprehensive school safety plan regarding crisis intervention, emergency

response, and management, including those adopted by a school committee pursuant to the

provisions of § 16-21-23, shall be excluded from and shall not be made available to the public on

a school or school district website.

     (b) There is appropriated the sum of one hundred thousand dollars ($100,000), from money

not otherwise appropriated, to the department of elementary and secondary education to implement

a school committee/administrator training program.


 

 

 

 

 

 

 

141)

Section

Added Chapter Numbers:

 

16-2-37

381 and 382

 

 

16-2-37. Excused absences to include participation in agricultural fairs.

     When a school committee, by its policies, provides for excused absences from attendance

in school, for participation in a sport or any other extracurricular activity, that policy shall be

amended and deemed to also include an excused absence from attendance in school for attending

or participating in agricultural fairs as listed or defined by the department of environmental

management. The department of environmental management shall work in consultation with the

department of elementary and secondary education to define what qualifies as an agricultural fair

for purposes of this section.


 

 

 

142)

Section

Added Chapter Numbers:

 

16-7.1-5.2

185 and 186

 

 

16-7.1-5.2. State intervention in the Providence public school district -- Additional

requirements.

     For the duration of the effective period of the order of reconstitution and control, any

collective bargaining agreement entered into on behalf of the Providence public school district shall

not take effect until ratified by the council on elementary and secondary education at a public

hearing held no earlier than seven (7) days after the terms of a tentative agreement ratified by the

union are made public.


 

 

 

143)

Section

Amended Chapter Numbers:

 

16-11-9

121 and 122

 

 

16-11-9. Fast-track principal certification program.

     (a) The department of elementary and secondary education (the “department”) shall

establish a fast-track principal certification program.

     (b) The fast-track principal certification program shall include, but need not be limited to,

the following courses:

     (1) School finance;

     (2) School law; and

     (3) Program evaluation, including data analysis Supervision of school personnel.

     (c) Participants will earn a principal certification after successful completion of the courses,

from a program approved by the department, required in subsection (b) of this section, and

successful completion of the following three (3) requirements:

     (1) A year-long internship shadowing a principal in the district where the participant is

currently employed;

     (2) Leading a districtwide or schoolwide initiative; and

     (3) Successfully passing assessment requirements for Rhode Island principal certification.

     (d) To be eligible for admission into the fast-track principal certification program, an

applicant shall:

     (1) Have a minimum of ten (10) years’ experience as a teacher rated “effective” or “highly

effective”;

     (2) Have a recommendation from the superintendent(s) of the local education agency

(LEA) or agencies in which the applicant worked as a teacher previously, or is working currently;

     (3) Have a record of consistent leadership within an LEA, demonstrated through serving

as a facilitator of professional development, a dean, a district coach, a department chair, or in

another leadership position within a school or LEA; and

     (4) Possess a master’s degree or higher.

     (e) Participants who earn a principal certification pursuant to this section shall complete a

department-approved leadership development program to build leadership skills that support

teaching and learning within the first renewal cycle of their certification.

     (f) For the purposes of this section, “local education agencies” shall include all of the

following within the state:

     (1) Public school districts;

     (2) Regional school districts;

     (3) State-operated schools;

     (4) Regional collaborative schools; and

     (5) Charter schools.

     (g) Participants who have earned a principal certification by fulfilling all of the

requirements of this section and completing courses offered by the RIDE accredited school

principal preparation program (internship) shall not be required to complete the department-

approved leadership program set forth in subsection (e) of this section but shall instead successfully

complete an additional course on program evaluation (including data analysis).


 

 

 

144)

Section

Amended Chapter Numbers:

 

16-16-1

329 and 330

 

 

16-16-1. Definitions.

     (a) The following words and phrases used in this chapter, unless a different meaning is

plainly required by the context, have the following meanings:

     (1) “Active member” means any teacher as defined in this section for whom the retirement

system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.

     Except as otherwise provided in this section, the words and phrases used in this chapter, so

far as applicable, have the same meanings as they have in chapters 8 to 10 of title 36.

     (2) “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance

from the retirement system as provided in this chapter.

     (3) “Child” includes a stepchild of a deceased member who has been a stepchild for at least

one year immediately preceding the date on which the member died or an adopted child of a

deceased member without regard to the length of time the child has been adopted.

     (4) “Former spouse divorced” means a person divorced from a deceased member, but only

if the person meets one of the following conditions:

     (i) Is the mother or father of the deceased member’s child(ren);

     (ii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years; or

     (iii) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years; or

     (iv) Was married to the deceased member for ten (10) or more years and to whom the

deceased member was required by a court order to contribute post-divorce support.

     (5) “Member” means any person included in the membership of the retirement system

under the provisions of this chapter.

     (6) “Prior service” means service as a teacher rendered prior to the first day of July, 1949,

certified on his or her the teacher’s prior service certificate and allowable as prior service under

the provisions of this chapter.

     (7) “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the

provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension

under the provisions of that chapter.

     (8) “Retirement system” and “system” means the employees’ retirement system of the state

of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established

under that chapter.

     (9) “Salary” or “compensation” includes any and all salary paid for teaching services

regardless of whether any part of the salary or compensation is derived from any state or federal

grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average

compensation” shall be defined in accordance with section 36-8-1(5)(a).

     (10) “Service” means service as a teacher as described in subdivision (12) of this section.

Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or

assistant superintendent shall be combined in computing periods of service and employment.

     (11) “Spouse” means the surviving person who was married to a deceased member, but

only if the surviving person meets one of the following conditions:

     (i) Was married to the deceased member for not less than one year immediately prior to the

date on which the member died;

     (ii) Is the mother or father of the deceased member’s child(ren);

     (iii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years; or

     (iv) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years.

     (12) “Teacher” means a person required to hold a certificate of qualification issued by or

under the authority of the board of regents for elementary and secondary education and who is

engaged in teaching as his or her their principal occupation and is regularly employed as a teacher

in the public schools of any city or town in the state, or any formalized, commissioner approved,

cooperative service arrangement. The term includes a person employed as a teacher, supervisor,

principal, assistant principal, superintendent, or assistant superintendent of schools, director,

assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse

teacher, and attendance officer or any person who has worked in the field of education or is working

in the field of education that who holds a teaching or administrative certificate. In determining the

number of days served by a teacher the total number of days served in any public school of any city

or town in the state may be combined for any one school year. The term also includes a school

business administrator whether or not the administrator holds a teaching or administrative

certificate, and also includes occupational therapists and physical therapists licensed by the

department of health and employed by a school committee in the state, or by any formalized,

commissioner approved, cooperative service arrangement.

     (13) “Teaching” includes teaching, supervising, and superintending or assistant

superintending of schools.

     (14) “Total service” means prior service as defined in subdivision (6) of this section, plus

service rendered as a member of the system on or after the first day of July, 1949.

     (15) For purposes of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the

decedent, and who certifies by affidavit that their relationship met the following qualifications:

     (i) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

     (ii) Neither partner was married to anyone else;

     (iii) Partners were not related by blood to a degree which that would prohibit marriage in

the state of Rhode Island;

     (iv) Partners resided together and had resided together for at least one year at the time of

death; and

     (v) Partners were financially interdependent as evidenced by at least two (2) of the

following:

     (A) Domestic partnership agreement or relationship contract;

     (B) Joint mortgage or joint ownership of primary residence;

     (C) Two (2) of: (I) joint Joint ownership of motor vehicle; (II) joint Joint checking

account; (III) joint Joint credit account; (IV) joint Joint lease; and/or

     (D) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract, or life insurance.

     (b) The masculine pronoun wherever used shall also include the feminine pronoun.

     (c) Any term not specifically defined in this chapter and specifically defined in chapters

36-8 — 36-10 8-10 of title 36 shall have the same definition as set forth in chapters 36-8 — 36-10

8-10 of title 36.


 

 

145)

Section

Amended Chapter Numbers:

 

16-16-8

194 and 195

 

 

16-16-8. Credit for service as a state or municipal employee.

     (a) Any member who shall have rendered service as a state employee as defined by the

provisions of chapter 17 of this title and chapters 8 — 10 of title 36 or who shall have rendered

service as an employee of a participating municipality, as defined by chapter 21 of title 45, shall be

entitled to credit for his or her service for the various purposes of this system, provided the member

shall have been a contributing member for that period. All contributions made by the member shall

be transferred in toto to this system for the periods of service and the retirement system shall

calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial

value of the accrued benefit with the former employer is greater than the total employee

contributions transferred, the retirement system shall also transfer the difference between full

actuarial value of the accrued benefit with the former employer and the employee’s contributions

from the account of the former employer to the account of the current employer. In any case in

which a member shall have received a refund or refunds of contributions made to the system, the

allowance of the credit for service shall be conditioned upon the repayment of the full actuarial cost

as defined in § 36-8-1(10). Any service as defined in this section for which no contributions were

made may be granted provided the member pays to the retirement system the full actuarial cost as

defined in § 36-8-1(10). The retirement board shall fix and determine the rules and regulations

needed to govern the provisions of this section.

     (b) Any member who shall have rendered service both as a teacher under §16-16-12, and

service under § 36-10-9.2(a), shall be eligible to elect to combine the member’s service under § 16-

16-12, and service under § 36-10-9.2(a), to determine the member’s retirement eligibility date

under § 16-16-12. For any member making this election, the member will receive a single benefit

equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit computed under

§ 16-16-13.


 

 

 

146)

Section

Added Chapter Numbers:

 

16-16-24.2

1 and 2

 

 

16-16-24.2. Substitute teaching and post-retirement employment related to statewide

staffing.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any

teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45

may exceed the ninety-(90) day (90) cap on post-retirement employment upon:

     (1) A determination by the local education authority that there exists a specialized need,

within their authority, to fill positions on a temporary basis, that may exceed the ninety-(90) day

(90) cap on post-retirement employment;

     (2) Retired teachers, administrators, and staff members being asked to exceed the ninety-

(90) day (90) cap on post-retirement employment possess the skills, training, and knowledge

necessary to help address teacher and administrative staffing shortages; and

     (3) The local education authority has notified the state retirement board that it has

determined that exceeding the ninety-(90) day (90) cap on post-retirement employment is necessary

to help address teacher and administrative staffing shortages.

     Provided, however, that no employment may be offered to a retiree subject to this section

unless the employer has made a good-faith effort each school year to fill the position with a

nonretired employee without success, and certifies, in writing, that it has done so to the employees'

retirement system and to the bargaining agents of all education unions with whom the employer

has collective bargaining agreements.

     (b) Any teacher, administrator, or staff member who has retired under the provisions of

title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall

not be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset on June 20, 2024.


 

 

 

 

147)

Section

Amended Chapter Numbers:

 

16-16-26

329 and 330

 

 

16-16-26.  Spouse's, former spouse divorced, or domestic partner's benefits.

     (a) Spouse’s, former spouse divorced, and domestic partner’s benefits are payable

following the decease of a member as provided in §§ 16-16-25 — 16-16-38.

     (b) The spouse, former spouse divorced, or domestic partner shall be entitled to benefits

upon attaining the age of sixty (60) years.

     (c) The spouse, former spouse divorced, or domestic partner was living with the deceased

member at the time of the member’s death. A spouse, former spouse divorced, or domestic partner

is deemed to have been living with the deceased member if they were both members of the same

household on the date of the deceased member’s death, or the spouse, former spouse divorced, or

domestic partner was receiving regular contributions from the deceased member toward support on

that date, or the deceased member had been ordered by a court to contribute to the spouse’s, former

spouse divorced, or domestic partner’s support.

     (d) Remarriage of the spouse, former spouse divorced, or domestic partner or establishment

of a domestic partnership shall render him or her the person ineligible to receive current or future

benefits under this section.

     (e) The spouse or domestic partner of a member, as defined in this section, shall be entitled

to monthly benefits payable in accordance with the following table:

Spouse’s or Domestic Partner’s

Highest Annual Salary Monthly Minimum Benefit

$17,000 or less $825

$17,001 to $25,000 $963

$25,001 to $33,000 $1,100

$33,001 to $40,000 $1,238

$40,001 and over $1,375

     (f) The former spouse divorced shall be entitled to monthly benefits, payable in accordance

with the table provided in subsection (e) of this section, only if there are no dependent children,

parents, or other spouse or domestic partner entitled to benefits.

     (f)(g) A yearly cost-of-living adjustment for spouse’s, former spouse divorced, or domestic

partner’s benefits shall be based on the annual social security adjustment.


 

 

148)

Section

Amended Chapter Numbers:

 

16-24-7

61 and 62

 

 

16-24-7. Minors with intellectual or developmental disabilities defined.

     The term “mentally retarded minors” "minors with intellectual or developmental

disabilities" means all children between the age of three (3) and twenty-one (21) who because of

retarded delayed intellectual development, as determined by an individual multidisciplinary

evaluation, require specialized instruction appropriate to their individual capacity.


 

 

149)

Section

Amend Chapter Numbers:

 

16-24-10

61 and 62

 

 

16-24-10. Arrangements by cities and towns having small numbers of  minors

numbers of  minors with intellectual or developmental disabilities.

     Each city and town which that contains fewer than eight (8) mentally retarded minors with

intellectual or developmental disabilities may contract with another city or town for the education

of the minors or may establish a special class pursuant to the previous provision with the consent

of the board of regents for elementary and secondary education. In the event that a city or town

does not establish a class for fewer than eight (8) mentally retarded minors with intellectual or

developmental disabilities or contract with another city or town, then the city or town shall contract

with a suitable day school for instruction adapted to the mental attainments of the minors; provided

that the day schools shall be subject to the regulations and supervision of the state board of regents

for elementary and secondary education.


 

 

150)

Section

Amend Chapter Numbers:

 

16-24-11

61 and 62

 

 

16-24-11. Transportation for  pupils with intellectual or developmental disabilities.

     Transportation shall be provided for all pupils attending a special class or suitable day

schools.


 

 

151)

Section

Amend Chapter Numbers:

 

16-24-16

61 and 62

 

 

16-24-16. Approved centers.

     For the purpose of furnishing transportation and providing incidental expenses for the

education of mentally retarded children under the age of eighteen (18) minors with intellectual or

developmental disabilities, a center approved by the director of behavioral healthcare,

developmental disabilities and hospitals shall be decreed to be a school as considered in this

chapter.


 

 

152)

Section

Added Chapter Numbers:

 

16-24-19

383 and 384

 

 

16-24-19. Special Education local advisory committees.

     (a) Every public school district shall, on the district’s website:

     (1) Post and maintain either a link to the website of the district’s special education local

advisory committee (the “committee”), or provide the contact information for the committee; and

     (2) Post or otherwise list the dates of meetings of the committee during the school year.

     (b) All districts shall maintain and promote committees that are active. As used herein, the

term “active” means that the committee meets at least four (4) times per year during the school

year; provided, one of these four (4) meetings may take place during the summer months if the

district operates an extended school year program for students with disabilities. A parent, guardian,

or other adult legally responsible adult of a student in a district where the committee is not active

may notify the school superintendent as to this lack of an active committee, on a written notice

form (“notice”) prepared by the district. Upon receipt of a notice under this section, the district

superintendent and the director of special education shall investigate the notice to determine if the

committee is or is not active. If the committee is not active, the district shall investigate why the

committee is not active and shall undertake efforts to make the committee active.

     (c) At every meeting with a parent, guardian, or other responsible adult (“responsible

adult”) of a student who is disabled, which meeting involves a review, modification, or continuation

of that student’s individual education program or 504 plan, the district shall provide a written notice

to the responsible adult which that informs the responsible adult of the provisions to of this section,

including, but not limited to, the contact information for the committee and the dates of scheduled

meetings.


 

 

153)

Section

Amend Chapter Numbers:

 

16-48-1

350 and 351

 

 

16-48-1. Applicability.

     This chapter shall pertain to private nursery schools and other regular programs any

program of educational services to children between the ages of two (2) years eight (8) months

three (3) and six (6) five (5) years of age where the schools and programs operate one or more

sessions daily. It does not include bona fide kindergarten and nursery classes which are part of a

nonpublic elementary school system that is offered by any public school or any private school that

has been approved pursuant to §§ 16-1-5 and 16-60-6 and any regulations promulgated thereunder.


 

 

154)

Section

Amend Chapter Numbers:

 

16-48-2

350 and 351

 

 

16-48-2.  Program rating.

     (a) No Commencing June 1, 2025, any person, unincorporated society, association, or

corporation desiring to operate a school or program as defined in this chapter shall be permitted to

establish and maintain a school or program unless and until an application has been filed with the

commissioner of elementary and secondary education and suitable provision has been made to

fulfill any minimum requirements of adequate faculty, health, safety, sanitation, site, physical plant,

educational program, and any other standards that may be established through rules and regulations

promulgated by the commissioner of elementary and secondary education. Upon satisfactory

compliance with the standards as established by the commissioner of elementary and secondary

education, along with the certification by the appropriate fire, health, and building inspectors, the

school or program shall be approved for a period of one year, which approval shall require renewal

unless sooner revoked by the commissioner for cause receive and maintain a rating through Rhode

Island's quality rating and improvement system, which rating shall remain in effect unless revoked

for cause by the commissioner of elementary and secondary education.

     (b) Upon application to establish a school or program as defined in this chapter or to renew

the application, the applicant will submit the names of its owner, officers, and employees. The

commissioner of elementary and secondary education may request the bureau of criminal

identification of the state police to conduct a nationwide criminal records check of the owners,

officers, and employees of the school or program and the bureau of criminal identification of the

state police will conduct criminal records checks on request. To accomplish nationwide criminal

records checks, the commissioner may require owners, officers, and employees of the schools or

programs to be fingerprinted by the bureau of criminal identification of the state police. The

commissioner may examine these criminal records checks to aid in determining the suitability of

the applicant for approval or renewal of approval.


 

 

155)

Section

Repealed Chapter Numbers:

 

16-48-4

350 and 351

 

 

16-48-4. [Repealed]


 

 

 

 

 

 

156)

Section

Repealed Chapter Numbers:

 

16-48-5

350 and 351

 

 

16-48-5. [Repealed]


 

 

 

157)

Section

Repealed Chapter Numbers:

 

16-48-6

350 and 351

 

 

16-48-6. [Repealed]


 

 

 

158)

Section

Repealed Chapter Numbers:

 

16-48-7

350 and 351

 

 

16-48-7. [Repealed]


 

 

 

159)

Section

Repealed Chapter Numbers:

 

16-48-8

350 and 351

 

 

16-48-8. [Repealed]


 

 

 

160)

Section

Repealed Chapter Numbers:

 

16-48-9

350 and 351

 

 

16-48-9. [Repealed]


 

 

 

161)

Section

Amended Chapter Numbers:

 

16-60-2

373 and 374

 

 

16-60-2. Appointment of board members.

     (a) The governor shall establish the council on elementary and secondary education by

appointing eight (8) members of the board of education established pursuant to chapter 97 of this

title to serve as members of the council until the expiration of their term and appointment of their

successor as a member of the board of education. The chair of the board of education shall serve

on the council in a voting, ex-officio capacity. Five (5) voting members of the council shall

constitute a quorum and the vote of the majority of those present and voting shall be required for

action. The governor shall appoint the chair of the council on an annual basis from among the eight

(8) council members.

     (b) In addition to the eight (8) members appointed by the governor, the Rhode Island

teacher of the year shall serve on the council on elementary and secondary education pursuant to §

16-97-1(c) and (d).

     (b)(c) No person shall be eligible for appointment to the board after the effective date of

this act [March 24, 2006] unless he or she is a resident of this state, with the exception of the

individual serving in the ex officio seat as Rhode Island teacher of the year.

     (c)(d) There is hereby established a student advisory council to the council on elementary

and secondary education, consisting of one elected high school student representative from each

public secondary school in the state of Rhode Island.

     (1) Each public secondary school shall hold elections for its representative to the student

advisory council no earlier than the first (1st) day of March and no later than the end of the second

(2nd) full week of April. Each school shall elect only one representative. Elected members shall be

notified of their election on or before the Friday of the third (3rd) week of April of the year of their

election. No person shall be eligible to be elected to the student advisory council unless at the time

of his or her election he or she is enrolled as a student in a secondary school between the grades of

nine (9) and eleven (11) within the state of Rhode Island. No person shall be allowed to vote if they

are not currently enrolled in a Rhode Island public secondary school between the grades of nine (9)

and eleven (11). If at any time during his or her term of office a member of the student advisory

council ceases to be so enrolled, his or her membership shall be terminated and his or her position

shall be deemed vacant. This vacancy shall be filled by the public secondary school within thirty

(30) school days of the opening of the vacancy.

     (2) The student advisory council will serve from the first (1st) day of May of the year it is

elected until the last day of April of the following year. A student may serve no more than three (3)

terms.

     (3) Said student advisory council shall meet from time to time and shall consider such

matters as it deems appropriate.

     (4) Prior to the first (1st) day of June of each annual session the student advisory council

shall adopt a set of bylaws.

     (5) Members of the council shall not be compensated for service in attending meetings

except that they shall be reimbursed for necessary expenses incurred in travelling traveling to and

from meetings.

     (6) The members of said student advisory council shall, by majority vote prior to the first

(1st) day of June in each year, elect from their members a chairperson who shall serve for a term

of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio

and nonvoting member of the council for a term of one year, unless the student advisory council

removes said chairperson from his or her position in a manner described within the bylaws of that

council.


 

 

162)

Section

Amended Chapter Numbers:

 

16-97-1

373 and 374

 

 

16-97-1. Rhode Island board of education established.

     (a) Effective January 1, 2013, there is created a board of education that shall be responsible

for and shall exercise the purposes, powers, and duties of, this chapter and chapters 59 and 60 of

this title. The board is responsible for the coordination of education from pre-kK through higher

education and shall set goals and policies for the effective coordination of these public education

systems.

     (b) The board of education shall consist of seventeen (17) public members appointed by

the governor with the advice and consent of the senate, eight (8) of whom shall be designated to

serve on the council on elementary and secondary education and eight (8) of whom shall be

designated to serve on the council on postsecondary education. The chairperson of the board shall

serve as a member of both councils. Six (6) of the members initially appointed pursuant to this

section shall serve terms of three (3) years; six (6) members initially appointed pursuant to this

section shall serve terms of two (2) years; and, four (4) members initially appointed pursuant to this

section shall serve terms of one year. To the greatest extent possible, the initial staggered terms

shall be equitably divided among the councils so as to protect against sudden changes in

membership and reversal of policy. Thereafter, all members appointed pursuant to this section shall

serve terms of three (3) years. At the expiration of their terms, members shall remain and continue

in their official capacity until their successor is appointed and qualified. Members shall not be

appointed to more than three (3), successive three-year (3) terms each; provided that the chair of

the board shall have no term and shall serve at the pleasure of the governor. Any vacancy among

the members of the board shall be filled by appointment of the governor for the remainder of the

unexpired term. In the selection and appointment of the board, the governor shall seek persons who

best serve the needs of the entire state. No person shall be eligible for appointment to the board

after the effective date of this act unless a resident of this state. Members of the board shall not be

compensated for their service in attending board or council meetings.

     (c) The chair of the Governor’s workforce board, or designee; the chair of the Rhode Island

commerce corporation, or designee; and the chair of the university of Rhode Island board of

trustees, or designee,; and the Rhode Island teacher of the year shall serve as non-voting, ex-officio

members of the board.

     (d) The Rhode Island teacher of the year shall serve on the board for one year, beginning

after their term as teacher of the year has expired. If the teacher of the year is unable or unwilling

to serve, a former Rhode Island teacher of the year may be selected to serve on the board by the

commissioner of elementary and secondary education; provided that, the individual is still teaching

in Rhode Island public schools.

     (d)(e) The governor shall select from the appointed members a chairperson and vice

chairperson. A quorum shall consist of nine (9) members of the board. A majority vote of those

present shall be required for action.

     (e)(f) Except as provided by subsection (b) of this section, members of the board shall be

removable by the governor for cause only. Removal solely for partisan or personal reasons

unrelated to performance, capacity, or fitness for the office shall be unlawful.

     (f)(g) The statutory responsibilities of the department of elementary and secondary

education, the commissioner of elementary and secondary education, and the commissioner of

postsecondary education shall remain unchanged.

     (g)(h) The chair of the board of education shall consult with the chairs of the council on

elementary and secondary education, the council on postsecondary education, the commissioner of

elementary and secondary education, and the commissioner of postsecondary education in

developing agendas, goals, policies, and strategic plans for the board.


 

 

163)

Section

Added Chapter Numbers:

 

16-97-11

345 and 347

 

 

16-97-11. American Rescue Plan fiscal accountability and transparency.

     (a) The board of education and council on elementary and secondary education shall

require all school districts and local education agencies to report on a standardized form each fiscal

year, relating to any and all of the American Rescue Plan, elementary and secondary school

emergency relief, and state and local recovery funds, the following information:

     (1) Amounts received;

     (2) Amounts allocated with project/program description;

     (3) Amounts spent on hiring staff;

     (4) Job titles hired or retained with aforesaid funds;

     (5) Premium pay amount issued to employees and type of employees compensated;

     (6) Total amount of funds not spent and remaining, if any; and

     (7) Copies of all progress reports submitted to federal government agencies concerning the

use of "ESSER III" proceeds.

     (b) Said reports shall be published on the department of education's website for public

inspection and review.


 

 

 

164)

Section

Added Chapter Numbers:

 

16-112

212 and 213

 

 

CHAPTER 112

APPRENTICESHIP PATHWAYS TO EARNING A BACHELOR'S DEGREE ACT


 

 

 

165)

Section

Added Chapter Numbers:

 

16-112-1

212 and 213

 

 

16-112-1. Short title.

     This chapter shall be known and may be cited as the “Apprenticeship Pathways to Earning

a Bachelor’s Degree Act.”


 

 

 

166)

Section

Added Chapter Numbers:

 

16-112-2

212 and 213

 

 

16-112-2. Definitions.

     As used in this section:

     (1) “Apprenticeship” means an apprenticeship program that meets the standards

established in the National Apprenticeship Act, 29 CFR C.F.R. Part 29, and that is registered with

the department of labor and training.

     (2) “Board” means the board of education.


 

 

 

167)

Section

Added Chapter Numbers:

 

16-112-3

212 and 213

 

 

16-112-3. Implementation.

     (a) By January 1, 2024, each state public higher education institution shall adopt policies

establishing nontraditional pathways to earning a bachelor’s degree at the state's public higher

education institutions through the inclusion of credits earned through apprenticeships, as further

provided in subsection (e) of this section.

     (b) The policies adopted by each higher education institution shall be subject to review and

approval of the board of education. The board shall reject or modify any policies that are unduly

burdensome for students seeking the apprenticeship pathway to earning a bachelor’s degree. This

review shall be completed by April 1, 2024.

     (c) In addition, the board of education shall adopt policies to uniformly address the

following:

     (1) The form and manner in which registered apprenticeships may be determined to be

eligible for inclusion in a nontraditional pathway to earning a bachelor's degree, including through

public-private partnerships or an application process.

     (d) No later than September 1, 2024, the board shall convene a workgroup, including, but

not limited to, representatives from the department of labor and training, the office of the

postsecondary commissioner, public higher education institutions, the state apprenticeship council,

and the construction trades. The purpose of the workgroup is to advise the board regarding the

implementation of nontraditional pathways to earning a bachelor’s degree, including assisting with

the review pursuant to subsection (b) of this section and with the development of the plan required

by § 16-112-4.

     (e) The policies that shall be adopted by each public higher education institution shall

include, but not be limited to:

     (1) The process by which a student may request academic credit for registered

apprenticeship coursework and experience;

     (2) The number of credits a student may earn through coursework and experience hours in

a registered apprenticeship;

     (3) The development of clear guidelines distinguishing credit-bearing and non-credit-

bearing apprenticeship coursework including, but not limited to, standardizing the process of

assigning credit to apprenticeship coursework; and

     (4) Guidelines to determine degree majors towards which credits for apprenticeships may

be earned, including giving priority to majors that have both a low completion rate and a hiring

need by employers existing in the state.

     (f) The policies of the public higher education institutions adopted pursuant to this section

shall become effective beginning August 1, 2024.


 

 

 

168)

Section

Added Chapter Numbers:

 

16-112-4

212 and 213

 

 

16-112-4. Reporting.

     No later than August 1, 2025, the board shall provide the governor, the president of the

senate, and the speaker of the house of representatives a plan for increasing the number of students

who earn credit towards and/or complete bachelor's degrees from a Rhode Island public institution

of higher education through a registered apprenticeship. The board may create additional reporting

requirements to focus on data collection for the purposes of program progress, goals, and

participation.


 

 

 

169)

Section

Added Chapter Numbers:

 

16-113

79, 337, 396

 

 

CHAPTER 113

RHODE ISLAND HOPE SCHOLARSHIP PILOT PROGRAM ACT


 

 

 

170)

Section

Added Chapter Numbers:

 

16-113-1

79, 337, 396

 

 

16-113-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Hope Scholarship Pilot

Program Act".


 

171

Section

Added Chapter Numbers:

 

16-113-2

79, 337, 396

 

 

16-113-2. Legislative findings and purpose.

     (a) The general assembly finds and declares that:

     (1) Education is critical for the state's young people to achieve their aspirations and develop

their talents;

     (2) The state's economic success depends on a highly educated and skilled workforce;

     (3) The state's future prosperity depends upon its ability to make educational opportunities

beyond high school available for all students;

     (4) The coronavirus has inflicted undue hardships on students and their families, creating

barriers to a four-(4)year (4) college degree;

     (5) A merit-based tuition reduction program will help make a four-(4)year (4) college

degree available to all students;

     (6) Rhode Island college offers students a feasible opportunity to obtain a four-(4)year (4)

degree, but remains an underutilized resource in the state; and

     (7) The State state of Rhode Island's motto is "Hope".

     (b) In order to address the findings set forth in subsection (a) of this section, the purpose

of this chapter is to increase the number of students enrolling in and completing four-(4)year (4)

degrees and certificates on time from Rhode Island college, and to promote more graduates in high-

need fields such as nursing, pre-kK through grade twelve (12) education, and the trades, which are

fields for which Rhode Island college provides a strong and affordable education.

     (c) The purpose of the pilot program is also to determine whether a scholarship program

for Rhode Island college that is modeled on the promise scholarship program established in chapter

107 of this title 16 would be successful in attaining the goals set forth in this section.".


 

 

 

 

172)

Section

Added Chapter Numbers:

 

16-113-3

79, 337, 396

 

 

16-113-3. Establishment of scholarship program.

     There is hereby established the Rhode Island hope scholarship pilot program. The general

assembly shall annually appropriate the funds necessary to implement the purposes of this chapter

for the periods of the pilot program. Additional funds beyond the scholarships may be appropriated

to support and advance the Rhode Island hope scholarship pilot program. In addition to

appropriation by the general assembly, charitable donations may be accepted into the scholarship

program.


 

 

 

173)

Section

Added Chapter Numbers:

 

16-113-4

79, 337, 396

 

 

16-113-4. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) "ADA" means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as may

be amended from time to time.

     (2) "Certificate" means any certificate program with labor market value as defined by the

postsecondary commissioner.

     (3) "College-level credit" means credit awarded by a college or university for completion

of its own courses or other academic work.

     (4) "FAFSA" means the Free Application for Federal Student Aid form.

     (5) "General education coursework" means the educational foundation of knowledge,

skills, and attitudes that prepare prepares students for success in their majors and their personal

and professional lives after graduation. It includes, but is not limited to, the required coursework

of all degrees developed by each eligible postsecondary institution that is approved by the council

on postsecondary education that is intended to ensure that all graduates of a state institution have a

balanced core of competencies and knowledge. This does not necessarily include coursework

specifically required for one's major.

     (6) "Mandatory fees and tuition" means the costs that every student is required to pay in

order to enroll in classes, and does not include room and board, textbooks, program fees that may

exist in some majors, course fees that may exist for some specific courses, meal plans, or travel.

     (7) "On track to graduate on time" means the standards determined by Rhode Island college

in establishing the expectation of a student to graduate with a bachelor's degree within four (4)

years of enrollment, or the prescribed completion time for a student completing a certificate

(recognizing that some students, including students who require developmental education, are

double majors, or are enrolled in certain professional programs may require an extended time period

for degree completion).

     (8) "Reasonable accommodations" means any necessary modifications or adjustment to a

facility, equipment, program, or manner of operation as required by the Americans with Disabilities

Act ("ADA") and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 791, as may be

amended from time to time;

     (10) "Recipient student" means a student attending Rhode Island college who qualifies to

receive the Rhode Island hope scholarship pursuant to § 16-112-6.

     (9) "Pilot program" and "scholarship program" means the Rhode Island hope scholarship

pilot program that is established pursuant to § 16-112-3.

     (11) "State" means the State state of Rhode Island.

     (12) "Student with a disability" means any student otherwise eligible pursuant to this

chapter who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-

87-1, that would create a hardship or other functional obstacles preventing participation in this

program.


 

 

 

174)

Section

Added Chapter Numbers:

 

16-113-5

79, 337, 396

 

 

16-113-5. Administration of scholarship program.

     (a) The financial aid office at Rhode Island college, in conjunction with the admissions

office or their respective equivalent offices at Rhode Island college, shall administer the scholarship

program for state residents seeking bachelor's degrees and/or certificates who meet the eligibility

requirements in this chapter.

     (b) An award of the scholarship program shall cover the cost of up to two (2) years of

tuition and mandatory fees, for the junior and senior years of the student, or in the case of an adult

student, who has attained at least sixty (60) credit hours, then the award may cover tuition and

mandatory fees over a duration of not more than two (2) years. In all instances, these awards shall

be reduced by the amount of federal and all other financial aid monies available to the recipient

student. None of any grants received by students from the department of children, youth and

families' higher education opportunity incentive grant as established by chapter 72.8 of title 42 or

the college crusade scholarship act as established in chapter 70 of this title 16 shall be considered

federal or financial aid for the purposes of this chapter.

     (c) The scholarship program is limited to one award per student as required by § 16-112-

6(a)(7); provided that, the award may cover the two (2) years which that constitute the junior and

senior years of the student, or the two (2) years for an adult student, and may be dispersed in

separate installments.


 

 

 

175)

Section

Added Chapter Numbers:

 

16-113-6

79, 337, 396

 

 

16-113-6. Eligibility for merit-based tuition reduction scholarship at Rhode

Island college.

     (a) Beginning with the students who enrolled at Rhode Island college in the fall of 2023, a

student:

     (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by

the council on postsecondary education, as amended, supplemented, restated, or otherwise modified

from time to time ("residency policy");

     (2) Must be a currently enrolled full-time student who has declared a major and earned a

minimum of sixty (60) total credit hours towards an eligible program of study, as determined by

Rhode Island college;

     (3) Must complete the FAFSA and any required FAFSA verification by the deadline

prescribed by Rhode Island college for each year in which the student seeks to receive funding

under the scholarship program; provided that, persons who are legally unable to complete the

FAFSA must complete a comparable form created by Rhode Island college, by the deadline

prescribed by Rhode Island college, for each year in which the student seeks to receive funding

under the scholarship program;

     (4) Must enroll or have enrolled full-time as a freshman as a first-time student and continue

to be enrolled on a full-time basis at Rhode Island college, by the dates indicated within this chapter;

     (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

greater, as determined by Rhode Island college, prior to obtaining the scholarship and also as a

condition of being able to continue to be a scholarship recipient;

     (6) Must remain on track to graduate on time as determined by Rhode Island college and

must complete both the student's freshman and sophomore years at Rhode Island college, or in the

case of an adult student, have completed sixty (60) credit hours of tuition and mandatory fees at

Rhode Island college over a duration of no more than four (4) years;

     (7) Must not have already received an award under this program or under chapter 107 of

title 16; and

     (8) Must commit to live, work, or continue their education in Rhode Island after graduation.

     (b) Rhode Island college, in conjunction with the office of the postsecondary

commissioner, shall develop a policy that will secure the commitment set forth in subsection (a) of

this section from recipient students.

     (c) Notwithstanding the eligibility requirements under subsection (a) of this section

("specified conditions"):

     (1) In the case of a recipient student who has an approved medical or personal leave of

absence or is unable to satisfy one or more specified conditions because of the student's medical or

personal circumstances, the student may continue to receive an award under the scholarship

program upon resuming the student's education so long as the student continues to meet all other

applicable eligibility requirements;

     (2) In the case of a recipient student who is a member of the national guard or a member

of a reserve unit of a branch of the United States military and is unable to satisfy one or more

specified conditions because the student is or will be in basic or special military training, or is or

will be participating in a deployment of the student's guard or reserve unit, the student may continue

to receive an award under the scholarship program upon completion of the student's basic or special

military training or deployment; and

     (3) Students enrolled in Rhode Island college as of July 1, 2021, who have attained junior

status at Rhode Island college as of July 1, 2023, or who enrolled in Rhode Island college as of July

1, 2022, and who have attained junior status at Rhode Island college as of July 1, 2024, and who

are otherwise in compliance with this chapter, shall be eligible for a hope scholarship under this

chapter.

     (4) Any student with a disability, otherwise eligible for a scholarship pursuant to the

provisions of this section, shall be entitled to access this program and shall be afforded all

reasonable accommodations, as required by the ADA and the Rehabilitation Act of 1973, including,

but not limited to, enrolling on a part-time basis and taking longer than four (4) years to graduate

with a bachelor's degree.

     (d) The decision of whether or not a student has attained junior or senior status by the

appropriate date shall be determined by the appropriate body of Rhode Island college, subject to

the rules, regulations, and procedures established pursuant to § 16-112-8.


 

 

 

176)

Section

Added Chapter Numbers:

 

16-113-7

79, 337, 396

 

 

16-113-7. Reporting and disbursement.

     (a) On or before November 10, 2023, and on or before November 10 thereafter for every

year through and including calendar year 2028, Rhode Island college shall submit a report to the

director of the office of management and budget, the state budget officer, the house fiscal advisor,

the senate fiscal advisor, the commissioner of postsecondary education, and the chair of the council

on postsecondary education, a report detailing the following:

     (1) The number of students eligible to participate in the scholarship program;

     (2) The amount of federal and institutional financial aid anticipated to be received by

recipient students;

     (3) The aggregate tuition and mandatory fee costs attributable to recipient students;

     (4) The resulting total cost of the scholarship program to the state; and

     (5) The report shall contain such data for both the current fiscal year and the most up-to-

date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort

and shall be accompanied by a written explanation detailing the estimating methodology utilized

and any impact(s) the forecasted data may present to institutional capacity, operational costs, and

the tuition/fee revenue base of the institution.

     (b) On or before July 1, 2024, and on or before July 1 thereafter for every year until through

and including calendar year 2028, Rhode Island college, in conjunction with the office of the

postsecondary commissioner, shall submit a report evaluating the program to the governor, speaker

of the house, and the president of the senate. This evaluation shall include the following:

     (1) The number of students who started in each cohort·;

     (2) The number of students in each cohort who have attained a degree or certification in an

on-time manner;

     (3) The number of students in each cohort who have not attained a degree or certification

in an on-time manner and an analysis of why that has happened;

     (4) The number of students in each cohort who began the program but have been unable to

continue or complete the program and an analysis of why that has happened;

     (5) The costs of the program and the costs of continuing the program;

     (6) Suggestions for ways to increase the success of the program;

     (7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing

the program; and

     (8) Any such other recommendations or information as Rhode Island college and the

commissioner of postsecondary education deem appropriate to include in the evaluation.

     (c) The office of management and budget, in consultation with the office of the

postsecondary commissioner, shall oversee the apportionment and disbursement of all funds

appropriated for the purpose of the scholarship program.


 

 

177)

Section

Added Chapter Numbers:

 

16-113-8

79, 337, 396

 

 

16-113-8. Rules, regulations, and procedures.

     The council on postsecondary education is hereby authorized to promulgate rules and

regulations to effectuate the purposes of this chapter, including, but not limited to, the residency

policy, and Rhode Island college shall establish appeal procedures for the award, denial, or

revocation of funding under the scholarship program. The rules and regulations shall be

promulgated in accordance with § 16-59-4.


 

 

178)

Section

Added Chapter Numbers:

 

16-113-9

79, 337, 396

 

 

16-113-9. Applicability to current students.

     Currently enrolled students at Rhode Island college who have attained junior status as of

July 1, 2023, or July 1, 2024, and who otherwise meet the requirements of this chapter, shall be

eligible for a hope scholarship under this chapter.


 

 

 

179)

Section

Added Chapter Numbers:

 

16-113-10

79, 337, 396

 

 

16-113-10. Funding of and sunset of pilot program.

     The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023,

through and including July 1, 2028. There shall be no further funding of the pilot program without

further action of the general assembly. Any final reports due pursuant to this chapter shall be filed

pursuant to the dates set forth herein.


 

 

 

180)

Section

Amended Chapter Numbers:

 

20-1-5.1

281 and 282

 

 

20-1-5.1. Advice of the marine fisheries council.

     The director, in exercising authority under this title for the planning, management, and

regulation of marine fisheries, shall request and consider in the record as applicable the advice of

the marine fisheries council, and in the adoption of management plans and regulations affecting

licensing for marine fisheries, the director and shall provide a written response to the such advice

of the marine fisheries council.


 

 

 

181)

Section

Amended Chapter Numbers:

 

20-1-12

281 and 282

 

 

20-1-12. Fixing of seasons and bag limits.

     (a) The director is authorized to adopt regulations fixing seasons, bag limits, size limits,

possession limits, and methods of taking on any species of fish, game, bird, or other wild animal

occurring within the state, other than marine species regulated by the marine fisheries council.

     (1) These regulations may prohibit the taking, holding, or possession of any species;

prohibit the taking, molestation, or disturbance in any way of nesting, breeding, or feeding sites of

any species; and/or prohibit, control, or regulate any commercial use, importation into the state, or

exportation from the state of any species.

     (2) These regulations may be of statewide applicability or may be applicable in any

specified locality, or localities, within the state when the director shall find, after investigation, that

the regulations are appropriate.

     (b) Any person who violates any provision of this section, or any rule or regulation made

under the provisions of this section, shall be guilty of a civil violation and subject to a fine of one

hundred dollars ($100) for each offense.

     (c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have

jurisdiction to hear and determine all violations specified in this section.

     (d) The regulations shall be adopted only after the holding of a public hearing subject to

the provisions of the Administrative Procedures Act, chapter 35 of title 42.


 

 

 

182)

Section

Added Chapter Numbers:

 

20-1-30

281 and 282

 

 

20-1-30. Regulation of fishing in Great Salt Pond.

     Notwithstanding the provisions of this title, the electors of the town of New Shoreham may,

in a town meeting called for that purpose, enact any ordinances to protect and to regulate the taking

of shellfish and other fish in Great Salt Pond, and may impose penalties for violations of these

ordinances not exceeding a fine or of two hundred dollars ($200) and three (3) months

imprisonment for any one offense.


 

 

 

183)

Section

Amended Chapter Numbers:

 

20-2.1-9

281 and 282

 

 

20-2.1-9. Powers and duties of the director.

     It shall be the duty of the director to adopt, implement effective January 1, 2003, and

maintain a commercial fisheries licensing system that shall incorporate and be consistent with the

purposes of this chapter; in performance of this duty, the director shall follow the guidelines and

procedures set forth below:

     (1) The rule-making rulemaking powers of the director to accomplish the purposes of this

chapter shall include the following with regard to commercial fishing licenses and commercial

fishing by license holders:

     (i) Types of licenses and/or license endorsement consistent with the provisions of this

chapter and applicable sections of this title, and limitations on levels of effort and/or on catch by

type of license and/or license endorsement;

     (ii) Design, use, and identification of gear;

     (iii) Declarations for data collection purposes of vessels used in commercial fishing, which

declaration requirements shall in no way, except as otherwise provided for in law, restrict the use

of any vessel less than twenty-five feet (25′) in length overall by appropriate holders of commercial

fishing licenses;

     (iv) Areas in Rhode Island waters where commercial fishing of different types may take

place, and where it may be prohibited or limited, and the times and/or seasons when commercial

fishing by type or species may be allowed, restricted, or prohibited;

     (v) Limitations and/or restrictions on effort, gear, catch, or number of license holders and

endorsements; and

     (vi) Emergency rules, as provided for in chapter 35 of title 42, to protect an unexpectedly

imperiled fishery resource to provide access to a fisheries resource that is unexpectedly more

abundant and to protect the public health and safety from an unexpected hazard or risk. The marine

fisheries council shall be notified of all emergency rules on or before their effective date, and no

emergency rule shall become a final rule unless it is promulgated as provided for in subdivision (3)

of this section.

     (2) When implementing the system of licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-2.1-

6, and 20-2.1-7, and other provisions of this title pertaining to commercial fishing licenses, permits,

and registrations, the director shall consider the effect of the measure on the access of Rhode

Islanders to commercial fishing, and when establishing limitations on effort and/or catch:

     (i) The effectiveness of the limitation:

     (A) In achieving duly established conservation or fisheries regeneration goals or

requirements;

     (B) In maintaining the viability of fisheries resources overall, including particularly, the

reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization of

fisheries resources;

     (C) In complementing federal and regional management programs and the reciprocal

arrangements with other states;

     (ii) The impact of the limitation on persons engaged in commercial fishing on:

     (A) Present participation in the fishery, including ranges and average levels of participation

by different types or classes of participants;

     (B) Historical fishing practices in, and dependence on, the fishery;

     (C) The economics of the fishery;

     (D) The potential effects on the safety of human life at sea;

     (E) The cultural and social framework relevant to the fishery and any affected fishing

communities; and

     (iii) Any other relevant considerations that the director finds in the rule-making

rulemaking process;

     (iv) The following standards for fishery conservation and management, which standards

shall be understood and applied so far as practicable and reasonable in a manner consistent with

federal fisheries law, regulation, and guidelines:

     (A) Conservation and management measurers measures shall prevent overfishing, while

achieving, on a continuing basis, the optimum yield from each fishery;

     (B) Conservation and management measures shall be based upon the best scientific

information available and analysis of impacts shall consider ecological, economic, and social

consequences of the fishery as a whole;

     (C) Conservation and management measures shall, where practicable, consider efficiency

in the utilization of fisheries resources, except that no such measure shall have economic allocation

as its sole purpose;

     (D) Conservation and management measures shall take into account and allow for

variations among, and contingencies in, fisheries, fishery resources, and catches;

     (E) Conservation and management measures shall, where practicable, minimize costs and

avoid unnecessary duplication;

     (F) Conservation and management measures shall, consistent with conservation

requirements of this chapter (including the prevention and overfishing and rebuilding of overfished

stocks), take into account the importance of fishery resources to fishing communities in order to (I)

Provide for the sustained participation of those communities and (II) To the extent practicable,

minimize adverse economic impacts on those communities;

     (G) Conservation and management measures shall, to the extent practicable: (I) Minimize

by-catch and (II) To the extent by-catch cannot be avoided, minimize the mortality of the by-catch;

and

     (H) Conservation and management measures shall, to the extent practicable, promote the

safety of human life at sea.

     (3) Unless otherwise specified, rules and regulations adopted pursuant to this chapter (i)

The rule-making process set forth in this subdivision shall conform with the requirements of the

Administrative Procedures Act, chapter 35 of title 42. , and shall include a regulatory agenda for

marine fisheries management, with the advice of the marine fisheries council, in accordance with

the requirements of § 42-35-5.1;

     (ii) The director shall submit a proposed rule to the marine fisheries council at least thirty

(30) days prior to the proposed date of the public hearing on the rule;

     (iii) The public hearing shall be on either the rule as proposed to the marine fisheries

council by the director or a proposed revision to that rule adopted by the marine fisheries council;

     (iv) The proposed rule, as submitted by the director to the marine fisheries council, and the

council report and recommendation regarding the rule shall both be entered into the record of the

hearing conducted in accordance with the requirements of chapter 35 of title 42;

     (v) Notwithstanding the provisions of paragraphs (i) — (iv) of this subdivision, the director

may promulgate a rule with less than thirty (30) days’ notice to the marine fisheries council if and

to the extent necessary to comply with federal requirements or to respond to a sudden change in

conditions where failure to take immediate action would likely cause harm to fishery resources or

participants; and

     (vi) The decision of the director shall state the basis for adopting the rule, including a

concise statement giving the principal reasons for and against its adoption and the response to

positions entered into the record; and in the case of a rule promulgated in accordance with paragraph

(v) of this subdivision, the reasons for having to take immediate action.

     (4) Matters to be considered in establishing license programs under this chapter. The

director shall be consistent with the requirements of § 20-2.1-2(6) in establishing and implementing

a licensing system in accordance with the provisions of this chapter that shall be designed to

accomplish marine fisheries management objectives. The licensing system may limit access to

fisheries, particularly commercial fisheries for which there is adequate or greater than adequate

harvesting capacity currently in the fishery and for which either a total allowable catch has been

set or a total allowable level of fishing effort has been established for the purpose of preventing

over fishing overfishing of the resource or the dissipation of the economic yield from the fishery.

This authority shall include the authority of the director to:

     (i) Differentiate between the level of access to fisheries provided to license holders or

potential license holders on the basis of past performance, dependence on the fishery, or other

criteria;

     (ii) Establish prospective control dates that provide notice to the public that access to, and

levels of participation in, a fishery may be restricted and that entrance into, or increases in levels

of participation in a fishery after the control date may not be treated in the same way as participation

in the fishery prior to the control date; retroactive control dates are prohibited and shall not be used

or implemented, unless expressly required by federal law, regulation, or court decision; and

     (iii) Establish levels of catch by type of license and/or endorsement that shall provide for

basic and full harvest and gear levels; quotas may be allocated proportionally among classes of

license holders as needed to maintain the viability of different forms of commercial fishing.

     (5) The director shall, annually, with the advice of the marine fisheries council, develop

and update conservation and management plans for the fishery resources of the state, which

conservation and management plans shall be developed and updated prior to, and at the same time

as, adoption of any license restrictions on effort or catch. Such plans shall address stock status,

performance of fisheries and quotas, and management and licensing programs, and offer any

recommendations for new or alternative approaches to management and/or licensing identified by

the department or the marine fisheries council. In the development of the fishery conservation and

management plans, priority shall be given to those resources with the highest value to the state,

either for commercial or recreational purposes.

     (6) The director, with the advice of the marine fisheries council, shall report annually to

the governor, general assembly, and to the citizens concerning the conservation and management

of the fishery resources of the state, noting particularly the status of any fishery resources that are

considered to be over-fished or were considered to be over-fished in the preceding year addressing

stock status, performance of fisheries and quotas, management and licensing programs, and other

matters of importance.

 


 

 

 

 

 

 

184)

Section

Repealed Chapter Numbers:

 

20-2.1-10

281 and 282

 

 

20-2.1-10. [Repealed]


 

 

 

185)

Section

Repealed Chapter Numbers:

 

20-2.1-ll

281 and 282

 

 

20-2.1-ll. [Repealed]


 

 

 

186)

Section

Amended Chapter Numbers:

 

20-3-1

281 and 282

 

 

20-3-1. Council created — Membership — Compensation.

     There is hereby created a marine fisheries council. The council shall be composed of the

director of the department of environmental management, or the director’s designee, who shall

serve as chairperson, and eight (8) private citizen members. The private citizen members shall be

chosen from among those with skill, knowledge, and experience in the commercial fishing industry,

the sport recreational and for-hire fishing industry, and in the conservation and management of

fisheries resources and shall be appointed by the governor with the advice and consent of the senate.

Three (3) of the private citizen members shall be representatives of the commercial fishing industry;

three (3) shall be representatives of the sport recreational and for-hire fishing industry; and the

remaining two (2) shall have skill, knowledge, and experience in the conservation and management

of fisheries resources and/or marine biology. The chairperson of the coastal resources management

council and the chiefs of the divisions of enforcement and marine fisheries in the department of

environmental management shall serve in an advisory capacity to the council. Members of the

council shall serve for a term of four (4) years, and may not succeed themselves more than once

after January 1, 2002 not to exceed two (2) four-(4) year (4) terms, notwithstanding a partial mid-

term appointmentInitial appointments to the council shall be appointed as follows: three (3)

members for a term of two (2) years; three (3) members for a term of three (3) years; and two (2)

members for a term of four (4) years. All members of the council shall serve without compensation

and shall be reimbursed for their necessary expenses incurred in travel and in the performance of

their duties. No person may serve on the council if assessed a criminal or administrative penalty in

the past three (3) years for a violation of a marine fisheries law or regulation, including any

suspension or revocation of a commercial or recreational fishing license or permit or dealers

license, or any fine, donations, probation, imprisonment, or other filing, imposed administratively

or by a court of law.


 

 

 

187)

Section

Amended Chapter Numbers:

 

20-3-2

281 and 282

 

 

20-3-2. Powers and duties.

     (a) The marine fisheries council shall serve in an advisory capacity only to the state and

agencies of the state regarding marine fisheries issues and shall have the power and duty to advise

the director of the department of environmental management in the exercise of his or her the

director’s authority under this title for the planning, management, and regulation of marine

fisheries on matters (except emergency rules adopted pursuant to § 42-35-2.10), including, but not

limited to, the following activities:

     (1) The manner of taking fish, lobsters, and shellfish marine species from the waters of the

state;

     (2) The legal size limits of fish, lobsters, and shellfish marine species to be taken or

possessed;

     (3) The seasons and hours during which fish, lobsters, and shellfish marine species may be

taken or possessed;

     (4) The numbers or quantities of fish, lobsters, and shellfish marine species which may be

taken or possessed; and

     (5) The opening and closing of areas within the coastal waters to the taking of any and all

types of fish, lobsters, and shellfish marine species; and.

     (6) Marine fisheries licensing, including commercial, recreational and for-hire, necessary

to implement the provisions of chapters 2, 2.1, and 2.2 of this title 20.

     (b) The marine fisheries council shall advise the director in the development of the

rulemaking agenda for marine fisheries pursuant to § 42-35-5.1, and shall have the power to initiate

rulemaking by petition as provided for by § 42-35-6.

     (c) The marine fisheries council shall advise the department regarding development of

annual plans for the allocation and use of the funds made available to the department from

commercial fishing license fees, tags, permits, and vessel fees as provided in § 20-2-28.2.

     (d) The marine fisheries council shall review applications to CRMC for permits to conduct

aquaculture, and provide recommendations to CRMC on all such applications, in accordance with

§ 20-10-5.

     (b)(e) The council shall report annually by March April 1 of each year to the governor, the

speaker of the house, the president of the senate, the chairperson of the house committee on

environment and natural resources, the chairperson of the senate committee on environment and

agriculture, and to the house oversight committee and the senate committee on government

oversight, for the preceding calendar year with regard to:

     (1) The advice it has given to state agencies, including specifically the department of

environmental management, on marine fisheries issues;

     (2) The response it received to the advice it gave;

     (3) Any findings or position it may have with regard to the status and/or condition of marine

fisheries; and

     (4) Any recommendations it may have for maintaining, improving, or changing laws,

regulations, or management programs for marine fisheries.


 

 

 

188)

Section

Repealed Chapter Numbers:

 

20-3-3

281 and 282

 

 

20-3-3. [Repealed]


 

 

189)

Section

Repealed Chapter Numbers:

 

20-3-4

281 and 282

 

 

20-3-4. [Repealed]


 

 

 

190)

Section

Repealed Chapter Numbers:

 

20-3-6

281 and 282

 

 

20-3-6. [Repealed]


 

 

 

191)

Section

Repealed Chapter Numbers:

 

20-3-7

281 and 282

 

 

20-3-7. [Repealed]


 

 

 

192)

Section

Added Chapter Numbers:

 

20-3-8

281 and 282

 

 

20-3-8. Establishment of advisory committees.

     The marine fisheries council may establish any advisory committees or panels that it may

deem appropriate to fulfill its responsibilities.


 

 

 

193)

Section

Amended Chapter Numbers:

 

20-4-2

281 and 282

 

 

20-4-2. Otter trawls, pair trawls, and beam trawls — Areas prohibited.

     Unless otherwise specified in regulations adopted by the marine fisheries council and

except for those areas described in § 20-4-3, no person shall operate a beam, pair, or otter trawl or

other mechanical trawling device in the Sakonnet River; Narragansett Bay; in Point Judith Pond,

so-called, in the towns of Narragansett and South Kingstown; or the Harbor of Refuge, so-called,

in the town of Narragansett; or in Potter Pond, so-called, in the town of South Kingstown; or in

Great Salt Pond, so-called, in the town of New Shoreham.


 

 

194)

Section

Amended Chapter Numbers:

 

20-4-3

281 and 282

 

 

20-4-3. Otter trawls, pair trawls, and beam trawls — Areas allowed.

     Any duly licensed resident commercial fisherman and a nonresident commercial fisherman

licensed pursuant to § 20-2-28 [repealed], may operate otter, beam, or pair trawls or other

mechanical trawling device subject to rules and regulations of the marine fisheries council, in the

area of Narragansett Bay, and Sakonnet River south of a line, extending from Spink Neck in the

town of North Kingstown in a northeasterly direction to Pine Hill Point on Prudence Island and

from a point at Homestead Dock on the easterly shore of Prudence Island, thence northeasterly to

Hog Island shoal light, thence to the north abutment of Mt. Hope Bridge in the town of Bristol, and

south of a line extending from McCurry Point on the east side of the town of Portsmouth

northeasterly in a line to southerly point of Jack’s Island, so-called, in the town of Tiverton. The

area subject to this section may be changed by rules and regulations adopted by the marine fisheries

council.

 


 

195)

Section

Amended Chapter Numbers:

 

20-4-9

281 and 282

 

 

20-4-9. Striped bass — Minimum size.

     Unless otherwise specified in regulations adopted by the marine fisheries council, no

person shall take in any manner whatsoever from the territorial waters of this state, including the

waters of the Atlantic Ocean, or have in his or her their possession, any striped bass measuring less

than sixteen inches (16") in length. Striped bass shall be measured from the tip of the snout to the

fork of the tail.


 

 

 

196)

Section

Amended Chapter Numbers:

 

20-4-12

281 and 282

 

 

20-4-12. Striped bass — Use of nets and seines prohibited — Traps.

     Unless otherwise specified by regulation of the marine fisheries council, no person, firm,

or corporation shall take, or attempt to take, with or by the use of a net, seine, or any other

contrivance of any kind or description except by hook and line, spear, or by fish traps authorized

under authority of chapter 5 of this title, as amended, any striped bass from the public waters of

this state northerly of a line commencing at upper pier in the town of Narragansett and extending

in a straight line in a northeasterly direction to Beavertail Lighthouse and thence continuing in a

northeasterly direction in a straight line to Castle Hill Lighthouse in the city of Newport; nor shall

any person, firm, or corporation take, or attempt to take, with or by the use of a seine, any striped

bass from the beach in the town of Charlestown for a distance of three (3) miles to the east of

Charlestown Inlet; provided, however, that it shall not be a violation of this section for any person

to take striped bass by means of the seine, net, or other contrivance while fishing for other fish for

the catching of which the use of the seine, net, or other contrivance is permitted if the striped bass

is immediately returned to the waters from which taken; provided further, however, at all fish traps,

between September first and October fourteenth in any year, there is no obstruction, except the trap

anchor warp of the leader within one hundred fifty feet (150′) from the mean high water mark on

shore that will stop the free passage of striped bass. For the purpose of this chapter, a “trap anchor

warp” is any cable, wire, line, or like material or device, and shall not exceed three inches (3") in

diameter.


 

 

 

197)

Section

Amended Chapter Numbers:

 

20-6-1

281 and 282

 

 

20-6-1. Taking of shellfish without a license.

     Unless otherwise specified in regulations adopted by the marine fisheries council, any

resident of this state may, without a license, take in any one day during the open season, if

applicable, not more than one half (½) bushel each of quahaugs, soft-shell clams, sea clams, oysters,

and mussels, and not more than one bushel of scallops; provided, that those quahaugs, soft-shell

clams, sea clams, oysters, mussels, or scallops shall not be sold or offered for sale.


 

 

 

 

 

 

 

198)

Section

Amended Chapter Numbers:

 

20-6-2

281 and 282

 

 

20-6-2. Oysters — Open season.

     Unless otherwise specified in regulations adopted by the marine fisheries council, the open

season for taking oysters from the free and common oyster fisheries in any of the waters of this

state shall be between the fifteenth day of September and the fifteenth day of May. Any person

taking any oysters or exposing any oysters for sale taken from the free and common fisheries in

state waters in violation of the provisions of this section shall, upon conviction, be fined no less

than fifty dollars ($50.00) nor more than five hundred dollars ($500) and costs for each offense.


 

 

 

199)

Section

Amended Chapter Numbers:

 

20-6-3

281 and 282

 

 

20-6-3. Scallops — Open season.

     Unless otherwise specified in regulations adopted by the director, in consultations with the

marine fisheries council, the open season for taking scallops from the free and common scallop

fisheries in any of the waters of the state shall be between sunrise of the first day of October and

sunset on the last day of December of every year. Any person taking scallops in violation of this

section shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than five

hundred dollars ($500) or imprisoned exceeding not more than thirty (30) days for each offense.


 

 

 

200)

Section

Amended Chapter Numbers:

 

20-6-7

281 and 282

 

 

20-6-7. Use of dredges.

     Except as hereinafter provided and unless otherwise specified by regulation of the marine

fisheries council, no person shall take any oysters, bay quahaugs, or soft-shell clams from the

waters of this state by dredges, rakes, or other apparatus operated by mechanical power or hauled

by power boats. No licensed person shall cast, haul, or have overboard any dredges while fishing

for oysters, bay quahaugs, or soft-shell clams from the free and common fisheries of this state, nor

shall any licensed boat be used for fishing oysters, soft-shell clams, or bay quahaugs with dredges,

except as provided in this section; provided, that any person having a license issued under this title

for the taking of scallops may use a dredge or dredges, not exceeding six (6) in number nor

exceeding twenty-eight inches (28") each in width, for that purpose; provided further, that the

licensee shall immediately return all oysters, soft-shell clams, or bay quahaugs caught by the

licensee to the waters from which they were taken. Any licensed boat may be used in dredging for

mussels by the licensee of that boat, the licensee having first obtained a permit from the director of

environmental management allowing the licensee so to do; provided, the licensee, while dredging

for mussels under the permit granted the licensee by the director, shall immediately return all

oysters, scallops, or bay quahaugs caught by him or her the licensee to the waters from which they

were taken. The fact of any licensed person being found with oysters, scallops, or bay quahaugs in

his or her their possession while dredging for mussels shall be prima facie evidence that person

was fishing in violation of the provisions of this chapter and shall be subject to the penalties and

fines imposed by this chapter. Any resident dredging for surf clams or skimmers shall not be in

violation of this section if that dredging is done southerly of the coastline of Little Compton,

southerly of a line extending from Church point, in the town of Little Compton, to Flint point on

Aquidneck Island, southerly of the coastline of Aquidneck Island, southerly of a line extending

from Castle Hill point on Aquidneck Island, to southwest point of Conanicut Island to Bonnet point,

Narragansett, easterly of the coastline of the town of Narragansett, southerly of the coastline of the

towns of Narragansett, South Kingstown, and Charlestown, and westerly to the Connecticut line.

For the purpose of this section, “coastline” refers to the land facing the open sea.


 

 

 

201)

Section

Amended Chapter Numbers:

 

20-6-8

281 and 282

 

 

20-6-8. Opening areas for quahaug dredging.

     Pursuant to good conservation practices, the marine fisheries council director shall be

authorized to open areas of the public waters of the state for taking quahaugs under license by a

registered boat, by dredges, rakes, or other apparatus operated by mechanical power or hauled by

power boats, and shall be authorized to close those areas at any time there is a danger of depletion

of quahaugs or when flagrant violations of this chapter occur.


 

 

 

202)

Section

Amended Chapter Numbers:

 

20-6-10

281 and 282

 

 

20-6-10. Allowance of shellfish taking under license.

     (a) Unless otherwise specified by regulation of the marine fisheries council, a holder of a

commercial shellfishing license may take and/or possess, in any one day, up to twelve (12) bushels

of quahaugs, twelve (12) bushels of soft-shell clams, and three (3) bushels of oysters.

     (b) A holder of a nonresident shellfishing license may take in any one day not more than

one peck each of oysters, quahaugs, soft-shell clams, surf clams, or mussels. Any person taking

more than these allowances in any one day shall be fined upon conviction one hundred dollars

($100) for each bushel or part of a bushel exceeding the prescribed quantity or be imprisoned not

exceeding thirty (30) days, or both.


 

 

 

203)

Section

Amended Chapter Numbers:

 

20-6-12

281 and 282

 

 

20-6-12. Maximum take for dredged quahaugs.

     Any person licensed to take quahaugs by dredge, rake, or other apparatus operated by

power or hauled by a power boat may take and possess, between sunrise and sunset of any one day,

thirty (30) bushels of quahaugs, unless a different amount is specified by regulation of the marine

fisheries council. Any person taking more than the prescribed quantity shall be fined, upon

conviction, not more than one hundred dollars ($100) for each bushel exceeding the prescribed

quantity or be imprisoned not exceeding thirty (30) days, or both.


 

 

204)

Section

Amended Chapter Numbers:

 

20-6-16

281 and 282

 

 

20-6-16. Scallops — Commercial allowance.

     Unless otherwise specified by regulation of the marine fisheries council, a person holding

a license for the commercial taking of scallops shall take in any one day not more than ten (10)

bushels of scallops, including shells, from the waters of the state.


 

 

 

205)

Section

Amended Chapter Numbers:

 

20-6-19

281 and 282

 

 

20-6-19. Number, size, and handling of dredges.

     Unless otherwise specified by regulation of the marine fisheries council, no person engaged

in the taking of scallops shall use more than six (6) single dredges, the blades of which shall not be

more than twenty-eight inches (28") in width, and the bag used shall not be more than thirty-six

inches (36") in length. Every single dredge shall be towed and hauled aboard the registered boat

individually.


 

 

206)

Section

Amended Chapter Numbers:

 

20-7-10

281 and 282

 

 

20-7-10. Minimum size of lobsters taken — Egg-bearing females.

     (a)(1) Unless otherwise specified by regulations adopted by the marine fisheries council,

no person shall catch or take from any of the waters within the jurisdiction of this state, or have in

his or her their possession within this state, any lobster, or parts of lobsters, cooked or uncooked,

that is less than three and three sixteenths inches (33/16") measured from the rear of the eye socket

along a line parallel to the center line of the body shell to the rear end of the carapace.

     (2) The minimum size of three and three sixteenths inches (33/16") shall be increased as

follows:

     (i) On January 1, 1988, 1/32" from 33/16" to 37/32";

     (ii) On January 1, 1989, 1/32" from 37/32" to 31/4";

     (iii) On January 1, 1991, 1/32" from 31/4" to 39/32";

     (iv) On January 1, 1992, 1/32" from 39/32" to 35/16".

     (b) No person shall have in his or her their possession within this state any female lobster

bearing eggs or from which the eggs have been brushed or removed.

     (c) In addition to any penalties specified in other sections of this chapter, every person

violating any of the provisions of this section shall be fined not less than fifty dollars ($50.00) nor

more than five hundred dollars ($500) for each lobster in violation of this regulation or be

imprisoned not exceeding thirty (30) days, or both. Any person licensed under this chapter catching

and taking any lobster as described in subsection (a) or (b), and immediately returning the lobster

alive to the water from which it was taken, shall not be subject to these fines or penalties. The

possession of any lobster as described in subsection (a) or (b), cooked or uncooked, shall be prima

facie evidence that the lobster was caught and taken in violation of this section. Any person

convicted a second time of a violation of this section shall be fined five hundred dollars ($500) and

be deprived of the privilege of fishing for lobsters within the state for three (3) years, after

conviction, under a penalty of sixty (60) days’ imprisonment or a fine of five hundred dollars

($500), or both, for each offense.


 

 

207)

Section

Amended Chapter Numbers:

 

20-7-11

281 and 282

 

 

20-7-11. Buoying of pots — Escape vents.

     (a) Each and every lobster pot, set, kept, or maintained, or caused to be set, kept, or

maintained, in any of the waters in the jurisdiction of this state by any person licensed under this

chapter, shall contain an escape vent in accordance with the following specifications:

     (1) A rectangular escape vent with an unobstructed opening not less than 13/4 inches

(44.5mm) by 6 inches (152.5mm); or

     (2) Two (2) circular escape vents with an unobstructed opening not less than 21/4 inches

(57.2mm) in diameter; or

     (3) An unobstructed gap caused by raising both ends of a bottom lath in the parlor section

11/4 inches (44.5mm) from the bottom; or

     (4) An unobstructed gap caused by separating both ends of two (2) vertical laths on the end

of the parlor section by 13/4 inches (44.5mm); or

     (5) An unobstructed gap created by cutting wires in a wire trap in such a manner as to meet

the minimum size and number of vents required under subsections (a)(1) and (a)(2).

     (b) The vent or gap shall be installed or made in the parlor section on the sides or end panel.

No horizontal rectangular vent or gap or circular vent shall be located more than three inches (3")

from the sill of the trap. Traps equipped with multiple opposing parlor sections must adhere to the

escape vent requirements specified in subsection (a)(1) or (a)(2) in each parlor section. Any fisher

not complying with the provisions of this section or § 20-7-10 shall be fined in compliance with §

20-3-3.

     (c) The marine fisheries council director shall have the power to establish larger escape

vent sizes by regulation.

     (d) Each lobster pot shall be separately and plainly buoyed; except that in cases where

natural conditions render it impracticable to separately buoy each pot, the director of environmental

management may, upon application from any person licensed under this chapter, grant permission

to otherwise buoy those pots subject to rules and regulations promulgated by the director; and each

and every permit so granted shall set forth the name of the person to whom the permit is granted;

the number of the permit; the place or places where the lobster pots are to be located; the manner

in which lobster pots shall be set; and the period of time during which the permit shall extend.


 

 

 

208)

Section

Amended Chapter Numbers:

 

20-7-11.1

281 and 282

 

 

20-7-11.1. Lobster pots — Tagging — Advisory committee.

     (a) Each and every pot, trap, or other device used for the taking of lobsters or crabs in any

of the waters of this state shall bear a color scheme on the attached buoy. Each applicant for a

lobster license shall state the color scheme that he or she the applicant desires to use. These colors,

unless disapproved by the director of environmental management, shall be stated in the license, and

all buoys used by the licensee shall be marked accordingly. Each licensee shall cause his or her the

licensee’s color scheme to be displayed on any lobster boat used by the licensee in the waters of

this state. Those colors shall be painted on the port and starboard sides of the hull in a section not

less than one foot (1′) square, or a clearly painted buoy shall be set at the highest point on the boat

excluding the mast and be visible for three hundred sixty degrees (360 degrees). The buoy or colors

must be prominently displayed on the vessel at all times that lobster gear fished under that license

is in the water.

     (b) No person shall place, set, lift, raise, unduly disturb, draw in, or transfer any pot, trap,

or other device used for the taking of lobsters unless the color scheme of the attached buoy is the

same as the color scheme that is on file with the license application and displayed on the boat used

by that person, or unless that person is duly licensed and possesses written permission from the

rightful owner of the pot, trap, or other device.

     (c) The Rhode Island marine fisheries council director has the authority to promulgate

regulations requiring the tagging of lobster traps. The director of the department of environmental

management is authorized to promulgate regulations that and to establish a fee for official state

lobster trap tags. Any fee collected by the department will be retained by the agency, subject to §

20-2-28.2, to be used for the exclusive purpose of producing and distributing the trap tags and, if

necessary, supporting other lobster fishery management measures, including enforcement of the

trap tag program; provided, however, that: (1) The department shall not establish a fee to cover any

cost other than the cost of trap tags without first obtaining a recommendation from an advisory

committee in accordance with subsection (d); and (2) The department shall report to the general

assembly regarding the need for the fee to cover any additional cost in accordance with subsection

(d).

     (d) The department shall create an advisory committee composed of five (5) members of

the lobster industry that utilize trap tags. The director, or his or her the director’s designee, will

serve on the committee and act as chairperson. The committee will formulate recommendations on

the expenditure of the funds derived from the tagging program. The department shall prepare an

annual report for submittal to the general assembly that summarizes the status of the lobster

management and trap tag program, management actions, program needs, and catch and effort data,

and that provides an itemized listing of all program expenses. This report shall be available to the

public and provided to each commercial fishing organization in the state.


 

 

209)

Section

Amended Chapter Numbers:

 

20-7-15

281 and 282

 

 

20-7-15. Methods of taking blue crabs — Nonresidents.

     Unless otherwise specified by regulation of the marine fisheries council, no person shall

take, or attempt to take, any blue crabs from any of the waters in this state except by a scoop or

crab net, trot, or land line. Taking of blue crabs shall be restricted to residents of this state. No

person shall take blue crabs from the waters of the state between the hours of sunset and sunrise.


 

 

210)

Section

Amended Chapter Numbers:

 

20-7-16

281 and 282

 

 

20-7-16. Egg-bearing blue crabs — Minimum size.

     No person shall take, offer for sale, or possess at any time any female blue crab bearing

eggs visible thereon, or from which the egg pouch or bunion has been removed. Unless otherwise

specified by regulation of the marine fisheries council, no person shall take, buy, sell, give away,

expose for sale, or possess any blue crab measuring less than four and one-eighth inches (4⅛“)

across the shell from tip to tip of spike.


 

 

 

211)

Section

Added Chapter Numbers:

 

21-27.3

273 and 274

 

 

CHAPTER 27.3

DISPOSABLE FOOD SERVICE CONTAINERS


 

 

 

212)

Section

Added Chapter Numbers:

 

21-27.3-1

273 and 274

 

 

21-27.3-1. Definitions.

     As used in this chapter:

     (1) "Consumer" means an individual who purchases or accepts food or beverages for use

or consumption.

     (2) "Covered establishment" includes, but is not limited to:

     (i) A "food service establishment," which shall have the same meaning set forth in § 21-

27-1.

     (ii) A food service establishment shall not include:

     (A) A hospital or a so-called meals on wheels establishment funded in whole or in part

directly or indirectly by or through the executive office of health and human services to provide

meals at dispersed locations from central kitchen facilities;

     (B) An "agricultural fair," which shall mean a fair held annually at a set location in a county

to exhibit local agricultural products and livestock;

     (C) A "farmers' market," which shall have the same meaning as set forth in § 21-27-1;

     (D) A food pantry, church, or community organization that provides food or beverages

without charge; and

     (E) A boarding home, a retirement home, an independent living facility, an assisted living

facility, or a nursing home.

     (3) "Disposable food service container" means service ware designed for one-time use.

This definition includes service ware for take-out foods and leftovers from partially consumed

meals prepared by covered establishments. This definition does not include polystyrene foam

coolers or ice chests that are used for the processing or shipping of food.

     (4) "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a

styrene monomer.

     (5) "Service ware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer, or

other item designed to be used to contain, transport, serve, or consume prepared foods.


 

 

 

213)

Section

Added Chapter Numbers:

 

21-27.3-2

273 and 274

 

 

21-27.3-2. Prohibitions and exemptions.

     (a) Prohibition. Beginning January 1, 2025, a covered establishment may not process,

prepare, sell, or provide food or beverages in or on a disposable food service container that is

composed in whole or in part of polystyrene foam.

     (b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or

function of the state may not provide beverage stirrers that are composed of plastic. For the

purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids

that are intended for internal human consumption and are contained in a single-serving container.

     (c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment

may:

     (1) In an emergency for the immediate preservation of the public health or safety, as

determined applicable by the department of health, process, prepare, sell, or provide food or

beverages in or on a disposable food service container that is composed in whole or in part of

polystyrene foam;

     (2) Sell or provide food or beverages in or on a disposable food service container that is

composed in whole or in part of polystyrene foam that a consumer brings to the covered

establishment; and

     (3) Sell at retail, food or beverages in or on a disposable food service container that is

composed in whole or in part of polystyrene foam that the covered establishment purchases

prepackaged at wholesale.


 

 

 

 

214)

Section

Added Chapter Numbers:

 

21-27.3-3

273 and 274

 

 

21-27.3-3. Violations of chapter -- Penalty.

     Any person who or that violates any of the provisions of this chapter, or of the rules and

regulations promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or

employee, who or that directs or knowingly permits the violation or who aids or assists in the

violation, shall upon conviction, be subject to a fine of not more than one hundred dollars ($100).


                                    

 

 

215)

Section

Added Chapter Numbers:

 

21-27.3-4

273 and 274

 

 

21-27.3-4. Enforcement.

     The director of the department of health shall promulgate and adopt such rules and

regulations as may be necessary to enforce the provisions of this chapter.


 

 

 

216)

Section

Amended Chapter Numbers:

 

21-28-2.08

356 and 378

 

 

21-28-2.08. Contents of schedules.

     Schedules I through V shall consist of the drugs and other substances, by whatever official

name, common or usual name, chemical name, or brand name designated, listed in the

corresponding section, or designated by the director of the department of health pursuant to § 21-

28-2.01.

     Schedule I

     (a) Schedule I shall consist of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this section.

     (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers

whenever the existence of the isomers, esters, ethers, and salts is possible within the specific

chemical designation:

     (1) Acetylmethadol

     (2) Allylprodine

     (3) Alphacetylmethadol

     (4) Alphameprodine

     (5) Alphamethadol

     (6) Benzethidine

     (7) Betacetylmethadol

     (8) Betameprodine

     (9) Betamethadol

     (10) Betaprodine

     (11) Clonitazene

     (12) Dextromoramide

     (13) Difenoxin

     (14) Diampromide

     (15) Diethylthiambutene

     (16) Dimenoxadol

     (17) Dimepheptanol

     (18) Dimethylthiambutene

     (19) Dioxaphetyl butyrate

     (20) Dipipanone

     (21) Ethylmethylthiambutene

     (22) Etonitazene

     (23) Extoxerdine

     (24) Furethidine

     (25) Hydroxypethidine

     (26) Ketobemidone

     (27) Levomoramide

     (28) Levophenacylmorphan

     (29) Morpheridine

     (30) Noracymethadol

     (31) Norlevorphanol

     (32) Normethadone

     (33) Norpipanone

     (34) Phenadoxone

     (35) Phenampromide

     (36) Phenomorphan

     (37) Phenoperidine

     (38) Piritramide

     (39) Proheptazine

     (40) Properidine

     (41) Propiram

     (42) Racemoramide

     (43) Trimeperidone

     (44) Tilidine

     (45) Alpha-methylfentanyl

     (46) Beta-hydroxy-3-methylfentanyl other names:

     N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl]-Nphenylpropanamide

     (47) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-

phenylpropanamide)

     (48) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and

geometric isomers, salts and salts of isomers (Other names: acetyl fentanyl)

     (49) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenyl propionamide

(Other names: beta-hydroxythiofentanyl)

     (50) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (Other names: Butyryl fentanyl)

     (51) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (Other names: Furanyl

fentanyl)

     (52) 3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide (Other names: AH-

7921)

     (53) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (Other names:

U-47700)

     (54) 3-Methylbutyrfentanyl (Other names: 3-MBF)

     (55) 4-Fluorobutyrfentanyl (Other names: 4-FBF, p-FBF)

     (56) 4-Phenylfentanyl

     (57) 4-Methoxybutyrfentanyl (Other names: 4-MeO-BF)

     (58) Acrylfentanyl (Other names: acryloyfentanyl)

     (59) Lofentanyl

     (60) N-Methylcarfentanyl

     (61) Ocfentanyl (INN, A-3217)

     (63) 4-methoxymethylfentanyl (Other names: R-30490)

     (64) 1-cyclohexyl-4-(1,2 diphenylethyl)piperazine) (Other names: MT-45, IC-6)

     (c)(b) Opium Derivatives. Unless specifically excepted or unless listed in another schedule,

any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the

existence of the salts, isomers, and salts of isomers is possible within the specific chemical

designation:

     (1) Acetorphine

     (2) Acetyldihydrocodeine

     (3) Benzylmorphine

     (4) Codeine methylbromide

     (5) Codeine-N-Oxide

     (6) Cyprenorphine

     (7) Desomorphine

     (8) Dihydromorphine

     (9) Etorphine (Except hydrochloride salt)

     (10) Heroin

     (11) Hydromorphinol

     (12) Methyldesorphine

     (13) Methylihydromorphine

     (14) Morphine methylbromide

     (15) Morphine methylsulfonate

     (16) Morphine-N-Oxide

     (17) Myrophine

     (18) Nococodeine

     (19) Nicomorphine

     (20) Normorphine

     (21) Pholcodine

     (22) Thebacon

     (23) Drotebanol

     (d)(c) Hallucinogenic Substances. Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation that contains any quantity of the

following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers

whenever the existence of the salts, isomers, and salts of isomers is possible within the specific

chemical designation (for purposes of this subsection only, the term “isomer” includes the optical,

position, and geometric isomers):

     (1) 3, 4-methylenedioxy amphetamine

     (2) 5-methoxy-3, 4-methylenedioxy amphetamine

     (3) 3, 4, 5-trimethoxy amphetamine

     (4) Bufotenine

     (5) Diethyltryptamine

     (6) Dimethyltryptamine

     (7) 4-methyl 2, 5-dimethoxyamphetamine

     (8) Ibogaine

     (9) Lysergic acid diethylamide

     (10) Marihuana

     (11) Mescaline

     (12) Peyote. Meaning all parts of the plant presently classified botanically as Lophophora

Williamsii Lemair whether growing or not; the seeds of the plant; any extract from any part of the

plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its

seeds or extracts.

     (13) N-ethyl-3-piperidyl benzilate

     (14) N-methyl-3-piperidyl benzilate

     (15) Psilocybin

     (16) Psilocyn

     (17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant,

or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their

isomers with similar chemical structure and pharmacological activity such as the following: delta

1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans

tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and

their optical isomer. (Since nomenclature of these substances is not internationally standardized,

compounds of these structures, regardless of numerical designation of atomic positions covered).

     (18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-

Thienyl analog of phencyclidine: TPCP

     (19) 2,5 dimethoxyamphetamine

     (20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-

methylphenethyamine: 4-bromo-2,5-DMA

     (21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:

paramethoxyamphetamine: PMA

     (22) Ethylamine analog of phencyclidine. N-ethyl-1-phenylcyclohexylamine, (1-

phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE

     (23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)-pyrrolidine PCPy, PHP

     (24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-

trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.

     (25) Salvia Divinorum (Salvinorin A or Divinorin A), meaning any extract from any part

of the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall

not mean the unaltered plant.

     (26) Datura stamonium (jimsom weed or datura), meaning any extract from any part of the

plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall not mean

the unaltered plant.

     (e)(d) Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a depressant effect on the central nervous system, including its salts, isomers, and salts of

isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the

specific chemical designation:

     (1) Mecloqualone.

     (2) Methaqualone.

     (3) 3-methyl fentanyl (n-(3methyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.

     (4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric

isomers, salts, and salts of isomers.

     (5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts, and salts

of isomers.

     (6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts,

and salts of isomers.

     (7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-

alphamethylfentanyl), its optical isomers, salts, and salts of isomers.

     (8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-

methylthiofentanyl), its optical isomers, salts, and salts of isomers.

     (9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,

salts, and salts of isomers.

     (10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-

hydroxyfentanyl), its optical isomers, salts, and salts of isomers.

     (11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-

hydroxy-3-methylfentanyl), its optical and geometric isomers, salts, and salts of isomers.

     (12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro-panamide (3-

methylthiofentanyl), its optical and geometric isomers, salts, and salts of isomers.

     (13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its

optical isomers, salts, and salts of isomers.

     (14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical

isomers, salts, and salts of isomers.

     (15) N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamid e (para-

fluorofentanyl), its optical isomers, salts, and salts of isomers.

     (16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or

geometric isomers, salts, and salts of isomers.

     (17) Etizolam.

     (18) Flubromazolam.

     (f)(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a stimulant effect on the central nervous system, including its salts, isomers, and salts of

isomers:

     (1) Fenethylline

     (2) N-ethylamphetamine

     (3) 4-methyl-N-methylcathinone (Other name: mephedrone)

     (4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone)

     (5) 3,4-methylenedioxypyrovalerone (Other name: MDPV)

     (g) Any material, compound, mixture, or preparation that contains any quantity of the

following substances:

     (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)

     (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol

(cannabicyclohexanol and CP-47,497 c8 homologue)

     (3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073)

     (4) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)

     (5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)

     (h)(gf) Synthetic cannabinoids or piperazines. Unless specifically excepted, any chemical

compound which is not approved by the United States Food and Drug Administration or, if

approved, which is not dispensed or possessed in accordance with state and federal law, that

contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-

Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-naphthoyl) indole; 1-

Pentyl-3-(1-naphthoyl) indole; dexanabinol (HU-211); or any compound in the following structural

classes:

     (1) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group, whether or not further substituted in the indole ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

limited, to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, and AM-

2201;

     (2) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the indole ring to any extent and whether or not

substituted in the phenyl ring to any extent. Examples of this structural class include, but are not

limited to, JWH-167, JWH-250, JWH-251, and RCS-8;

     (3) Benzoylindoles: Any compound containing a 3-(benzoyl) indole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the indole ring to any extent and whether or not

substituted in the phenyl ring to any extent. Examples of this structural class include, but are not

limited, to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;

     (4) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol

structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural

class include, but are not limited to, CP 47,497 and its C8 homologue (cannabicyclohexanol);

     (5) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-naphthyl)

methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-

morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and

whether or not substituted in the naphthyl ring to any extent. Examples of this structural class

include, but are not limited to, JWH-175, JWH-184, and JWH-185;

     (6) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure with

substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the pyrrole ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

limited, to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

     (7) Naphthylmethylindenes: Any compound containing a 1-(1-naphthylmethyl)indene

structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the indene ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

limited to, JWH-176; or

     (8) Any other synthetic cannabinoid or piperazine which is not approved by the United

States Food and Drug Administration or, if approved, which is not dispensed or possessed in

accordance with state and federal law.

     (ih) Synthetic cathinones. Unless specifically excepted, any chemical compound which is

not approved by the United States Food and Drug Administration or, if approved, which is not

dispensed or possessed in accordance with state and federal law, not including bupropion,

structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl,

naphthyl, or thiophene ring systems, whether or not the compound is further modified in one or

more of the following ways:

     (1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,

haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by

one or more other univalent substituents. Examples of this class include, but are not limited to, 3,4-

Methylenedioxycathinone (bk-MDA);

     (2) By substitution at the 3-position with an acyclic alkyl substituent. Examples of this

class include, but are not limited to, 2-methylamino-1-phenylbutan-1-one (buphedrone);

     (3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or

methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

Examples of this class include, but are not limited to, Dimethylcathinone, Ethcathinone, and α-

Pyrrolidinopropiophenone (α-PPP); or

     (4) Any other synthetic cathinone which is not approved by the United States Food and

Drug Administration or, if approved, is not dispensed or possessed in accordance with state or

federal law. Examples of this class include, but are not limited to, Ephylone and Pentylone.

     Schedule II

     (a) Schedule II shall consist of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this section.

     (b) Substances, vegetable origin, or chemical synthesis. Unless specifically excepted or

unless listed in another schedule, any of the following substances whether produced directly or

indirectly by extraction from substances of vegetable origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical synthesis:

     (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or

opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the

following:

     (i) Raw opium

     (ii) Opium extracts

     (iii) Opium fluid extracts

     (iv) Powdered opium

     (v) Granulated opium

     (vi) Tincture of opium

     (vii) Etorphine hydrochloride

     (viii) Codeine

     (ix) Ethylmorphine

     (x) Hydrocodone

     (xi) Hydromorphone

     (xii) Metopon

     (xiii) Morphine

     (xiv) Oxycodone

     (xv) Oxymorphone

     (xvi) Thebaine

     (2) Any salt, compound, derivative, or preparation that is chemically equivalent or identical

with any of the substances referred to in subdivision (1) of this subsection, except that these

substances shall not include the isoquinoline alkaloids of opium.

     (3) Opium poppy and poppy straw.

     (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any

salt, compound, derivative, or preparation that is chemically equivalent or identical with any of

these substances, except that the substances shall not include decocainized coca leaves or extraction

of coca leaves, which extractions do not contain cocaine or ecgonine.

     (5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or powder

form that contains the phenanthrine alkaloids of the opium poppy).

     (c)(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters, and ethers

whenever the existence of the isomers, esters, ethers, and salts is possible within the specific

chemical designation:

     (1) Alphaprodine

     (2) Anileridine

     (3) Bezitramide

     (4) Dihydrocodeine

     (5) Diphenoxylate

     (6) Fentanyl

     (7) Isomethadone

     (8) Levomethorphan

     (9) Levorphanol

     (10) Metazocine

     (11) Methadone

     (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

     (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

acid

     (14) Pethidine

     (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

     (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

     (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

     (18) Phenaxocine

     (19) Piminodine

     (20) Racemethorphan

     (21) Racemorphan

     (22) Bulk Dextropropoxyphene (non-dosage forms)

     (23) Suffentanil

     (24) Alfentanil

     (25) Levoalphacetylmethadol

     (26) Carfentanil

     (27) Remifentanil

     (d)(c) Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a stimulant effect on the central nervous system:

     (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.

     (2) Methamphetamine, its salts, and salts of its isomers.

     (3) Phenmetrazine and its salts.

     (4) Methylphenidate.

     (e)(d) Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a depressant effect on the central nervous system, including its salts, isomers, and salts of

isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the

specific chemical designation:

     (1) Amobarbital

     (2) Glutethimide

     (3) Methyprylon

     (4) Pentobarbital

     (5) Phencyclidine

     (6) Secobarbital

     (7) Phencyclidine immediate precursors:

     (i) 1-phencyclohexylamine

     (ii) 1-piperidinocyclohexane-carbonitrile (PCC)

     (8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some

other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.

     Schedule III

     (a) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation that contains any quantity of the following substances having a

depressant effect on the central nervous system:

     (1) Any substance that contains any quantity of a derivative of barbituric acid or any salt

of a derivative of barbituric acid.

     (2) Chlorhexadol

     (3) Lysergic acid

     (4) Lysergic acid amide

     (5) Sulfondiethylmethane

     (6) Sulfonethylmethane

     (7) Sylfonmethane

     (8) Any compound, mixture, or preparation containing amobarbital, secobarbital,

pentobarbital, or any salt of them and one or more other active medicinal ingredients that are not

listed in any schedule.

     (9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or

any salt of any of these drugs and approved by the Food and Drug Administration for marketing

only as a suppository.

     (10) Ketamine, its salts, isomers, and salts of isomers. (Some other names for ketamine:

(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).

     (b) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation containing limited quantities of any of the following narcotic

drugs, or any salts of them:

     (1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal

or greater quantity of an isoquinoline alkaloid of opium.

     (2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or

more active, nonnarcotic ingredients in recognized therapeutic amounts.

     (3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

a fourfold or greater quantity of an isoquinoline alkaloid of opium.

     (4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

     (5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or

more active nonnarcotic ingredients in recognized therapeutic amounts.

     (6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one hundred

milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with one or

more active nonnarcotic ingredients in recognized therapeutic amounts.

     (7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred milliliters

(100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five milligrams (25 mgs.)

per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

     (8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters (100

mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

     (c) Stimulants. Unless specifically excepted or listed in another schedule, any material,

compound, mixture, or preparation that contains any quantity of the following substances having a

stimulant effect on the central nervous system, including its salts, isomers, and salts of the isomers

whenever the existence of the salts of isomers is possible within the specific chemical designation:

     (1) Benzphetamine

     (2) Chlorphentermine

     (3) Clortermine

     (4) Mazindol

     (5) Phendimetrazine

     (d) Steroids and hormones. Anabolic steroids (AS) or human growth hormone (HGH),

excluding those compounds, mixtures, or preparations containing an anabolic steroid that because

of its concentration, preparation, mixture, or delivery system, has no significant potential for abuse,

as published in 21 C.F.R. § 1308.34, including, but not limited to, the following:

     (1) Chorionic gonadotropin, except for veterinary use and when that use is approved by the

Food and Drug Administration.

     (2) Clostebol

     (3) Dehydrochlormethyltestosterone

     (4) Ethylestrenol

     (5) Fluoxymesterone

     (6) Mesterolone

     (7) Metenolone

     (8) Methandienone

     (9) Methandrostenolone

     (10) Methyltestosterone

     (11) Nandrolone decanoate

     (12) Nandrolone phenpropionate

     (13) Norethandrolone

     (14) Oxandrolone

     (15) Oxymesterone

     (16) Oxymetholone

     (17) Stanozolol

     (18) Testosterone propionate

     (19) Testosterone-like related compounds

     (20) Human Growth Hormone (HGH)

     (e) Hallucinogenic substances.

     (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S.

Food and Drug Administration-approved drug product. (Some other names for dronabinol: (6aR-

trans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta-

9(trans)-tetrahydrocannabinol.)

     Schedule IV

     (1) Barbital.

     (2) Chloral betaine

     (3) Chloral hydrate

     (4) Ethchrovynol

     (5) Ethinamate

     (6) Methohexital

     (7) Meprobamate

     (8) Methylphenobarbital

     (9) Paraldehyde

     (10) Petrichloral

     (11) Phenobarbital

     (12) Fenfluramine

     (13) Diethylpropion

     (14) Phentermine

     (15) Pemoline (including organometallic complexes and chelates thereof).

     (16) Chlordiazepoxide

     (17) Clonazepam

     (18) Clorazepate

     (19) Diazepam

     (20) Flurazepam

     (21) Mebutamate

     (22) Oxazepam

     (23) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation that contains any quantity of the following substances, including

its salts:

     Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propronox

ybutane).

     (24) Prazepam

     (25) Lorazepam

     (26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25)

micrograms of atropine sulfate per dosage unit.

     (27) Pentazocine

     (28) Pipradrol

     (29) SPA (-)-1-dimethylamino-1, 2-diphenylethane

     (30) Temazepam

     (31) Halazepam

     (32) Alprazolam

     (33) Bromazepam

     (34) Camazepam

     (35) Clobazam

     (36) Clotiazepam

     (37) Cloxazolam

     (38) Delorazepam

     (39) Estazolam

     (40) Ethyl Ioflazepate

     (41) Fludizaepam

     (42) Flunitrazepam

     (43) Haloxazolam

     (44) Ketazolam

     (45) Loprazolam

     (46) Lormetazepam

     (47) Medazepam

     (48) Nimetazepam

     (49) Nitrazepam

     (50) Nordiazepam

     (51) Oxazolam

     (52) Pinazepam

     (53) Tetrazepam

     (54) Mazindol

     (55) Triazolam

     (56) Midazolam

     (57) Quazepam

     (58) Butorphanol

     (59) Sibutramine

     (60) Tramadol

     (61) Zolpidem

     Schedule V

     (a) Any compound, mixture, or preparation containing any of the following limited

quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal

ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable

medicinal qualities other than those possessed by the narcotic drug alone:

     (1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100

mls.) or per one hundred grams (100 gms.).

     (2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100 milliliters

(100 mls.) or per one hundred grams (100 gms.).

     (3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100 milliliters

(100 mls.) or per one hundred grams (100 gms.).

     (4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less

than twenty-five (25) micrograms of atropine sulfate per dosage unit.

     (5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred milliliters

(100 mls.) or per one hundred grams (100 gms.).

     (b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than twenty-

five (25) micrograms of atropine sulfate per dosage unit.

     (c) Buprenorphine

     (d) Unless specifically exempted or excluded or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a stimulant effect on the central nervous system, including its salts, isomers, and salts of

isomers:

     (1) Propylhexedrine (except as benzedrex inhaler)

     (2) Pyrovalerone.

     (e) Xylazine HCL


 

 

 

217)

Section

Amended Chapter Numbers:

 

21-28-3.20.1

190 and 191

 

 

21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense —

Cancer, palliative care and chronic intractable pain.

     (a) A practitioner, in good faith and in the course of his or her professional practice

managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or

chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of

health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and

dispense controlled substances without regard to the 2016 CDC Guideline for Prescribing Opioids

for Chronic Pain CDC Clinical Practice Guideline for Prescribing Opioids for Pain--United States,

2022.

     (b) The director of health may promulgate those rules and regulations necessary to

effectuate the provisions of this section and ensure that rules governing pain management

associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic

intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health

regulations pursuant to the exception created in § 21-28-3.20(d), shall:

     (1) Take into consideration the individualized needs of patients covered by this section;

and

     (2) Make provisions for practitioners, acting in good faith, and in the course of their

profession, and managing pain associated with their patients’ illness to use their best judgment

notwithstanding any statute, rule, or regulation to the contrary.


 

 

218)

Section

Amended Chapter Numbers:

 

21-28.11-10.1

80 and 223

 

 

21-11-10.1. Transitional period and transfer of authority 28.

     (a) To protect public health and public safety, upon the effective date of this chapter [May

25, 2022] until final issuance of the commission’s rules and regulations promulgated pursuant to

the provisions of this chapter, there shall exist a transitional period of regulatory and enforcement

authority regarding the production, possession, regulation, distribution, sale and use of cannabis

relating to the sale by hybrid cannabis retailers of adult use cannabis pursuant to § 21-28.11-10.

     (b) During the transitional period, the office of cannabis regulation shall prescribe such

forms, procedures, and requirements as necessary to facilitate the acquisition of hybrid retail and

cultivation licenses by compassion centers and cultivators licensed pursuant to chapter 28.6 of this

title.

     (c) Such forms, procedures, and requirements shall be posted on the website of the office

of cannabis regulation no later than October 15, 2022, at which time an application period will

commence. Applications shall be received, reviewed, and approved on a rolling basis provided that

in no case shall an approved hybrid retailer begin adult use sales before December 1, 2022.

     (d) The forms, procedures, and requirements prescribed by the office of cannabis regulation

shall incorporate, but shall not be limited to, the following:

     (1) Requirements pertaining to the physical premises of hybrid retail licensees. Where

physically possible these shall include prospective licensee plans to physically separate marijuana

and marijuana products designated for adult use and medical sales, respectively, in inventory,

storage, and customer-facing floor and display areas; plans to physically separate sales areas for

adult use and medical sales, which may be provided by a temporary or semi-permanent physical

barrier; plans to provide and maintain a patient consultation area that will allow privacy for

confidential consultation with qualifying patients; and plans to prioritize patient and caregiver

identification verification and physical entry into retail areas in the event of capacity or other

constraints; however, if the premises of a hybrid retail licensee does not allow the licensee to meet

the requirements of this subsection or would cause undue hardship on the licensee, the office of

cannabis regulation may authorize the hybrid retail licensee to conduct adult use sales at an adjunct

location. In authorizing any such adjunct location, the office shall require, at a minimum, the

following:

     (i) The adjunct location must be physically located within the same municipality and

geographic zone;

     (ii) The adjunct location must comply with all municipal zoning requirements and obtain

municipal approval;

     (iii) The approval of any adjunct location will not cause undue hardship upon another

licensed cannabis retailer; and

     (iv) In the instance that an adjunct location is approved by the office, the hybrid cannabis

retailer shall not be permitted to engage in the sale of cannabis for adult use at more than one

premises.

     (2) Requirements pertaining to inventory, product, and sales tracking. These shall include

prospective licensee submission of plans to electronically separate finished marijuana products

designated for medical or adult use sales in hybrid licensees’ inventory and sales tracking systems.

If prospective hybrid licensees are conducting cultivation activities, they shall submit plans to

distinguish between sales of marijuana or finished marijuana products at wholesale based on

designation for medical or adult use sales.

     (3) Requirements relating to the maintenance of medical marijuana program service levels.

These shall include prospective licensee submission of comprehensive policies and procedures

detailing plans to maintain a sufficient quantity and variety of medical marijuana products, and if

substitutions of medical marijuana products with adult use marijuana products are to be made, a

justification for such substitutions. Prospective hybrid licensees shall also be required to designate

an individual who will be primarily responsible for maintenance of medical marijuana program

service levels and ongoing compliance with existing program requirements, rules, and regulations.

     (4) Requirements relating to operating plans, policies, and procedures. These shall include

prospective licensee submission, maintenance of, and adherence to a set of written standard

operating procedures that encompass both adult use and medical marijuana service lines. These

operating plans and procedures shall take the form of an updated operations manual as currently

required under medical marijuana program regulations and shall include, but not be limited to,

policies and procedures relating to the maintenance of medical marijuana program service levels

as defined in this section.

     (5) Requirements relating to the advertising of cannabis and cannabis products by hybrid

cannabis retailers who have been permitted to sell adult use cannabis pursuant to the provisions of

this chapter.

     (e) Notwithstanding the foregoing provisions of this section, all prospective and approved

applicants for hybrid cannabis retailer and cannabis cultivator licenses under this chapter shall

maintain compliance with the existing provisions of chapter 28.6 of this title of the general laws

and the regulations promulgated thereunder until final issuance of the commission’s rules and

regulations, including, but not limited to, existing restrictions and requirements related to financial

disclosures; registration of owners, managers, key persons, agents, and employees; product testing;

packaging and labeling; transportation; and home delivery; and advertising.

     (f) Forms, procedures, and requirements relating to this transitional period may be amended

by the office of cannabis regulation or the commission up until the final issuance of the

commission’s regulations pursuant to the provisions of this chapter at which time the forms,

procedures, and requirements will be superseded by the commission’s final rules and regulations.

     (g) Upon final issuance of the commission’s rules and regulations, the following shall

occur:

     (1) All powers, duties and responsibilities of the department of business regulation and the

office of cannabis regulation with respect to the regulation, administration and enforcement of the

provisions of chapter 28.6 of this title shall be transferred to the commission or as designated by

the commission to the cannabis office.

     (2) All powers, duties and responsibilities of the department of environmental management

with respect to regulation, administration and enforcement of chapter 28.6 of this title shall be

transferred to the commission or as designated by the commission to the cannabis office.

     (3) All powers, duties and responsibilities of the department of health with respect to

regulation, administration and enforcement of chapter 28.6 of this title shall be transferred to the

commission or as designated by the commission to the cannabis office, except for the following:

     (i) Administration of registry identification cards to qualified patients; and

     (ii) Powers delegated to the department pursuant to this chapter or by rules and regulations

of the commission.

     (4) There shall be established a “cannabis office” with the powers, duties and

responsibilities authorized pursuant to § 21-28.11-18.1.

     (5) All powers exercised by state agencies, departments and offices pursuant to the

provisions of subsections (a) and (b) of this section relating to transitional period authority shall

cease.

     (h) Upon final issuance of the commission’s rules and regulations, whenever the term

“office of cannabis regulation” appears in any general law or regulation, the term shall mean the

“cannabis office” as defined in this chapter.


 

 

 

219)

Section

Amended Chapter Numbers:

 

22-3-12

127 and 128

 

 

22-3-12.  Government directory.

     The secretary of state shall prepare in each odd-numbered year a legislative manual

maintain an up-to-date online directory of government officials for the use of the general assembly

public, containing the congressional delegation, general officers, general assembly members, rolls

of general assembly membership, the committees, the rules and orders, judiciary information,

municipal government information, state agency information, and any other matter that the

secretary may think proper. The number of manuals to be printed and bound will be determined by

the secretary of state. Ten (10) copies shall be distributed to each of the senators and representatives

of the general assembly; forty (40) copies shall be placed at the disposal of the governor; and the

remainder shall be placed in the hands of the secretary of state. There shall be appropriated in each

odd numbered year, an amount sufficient to cover the cost of printing and binding of the manual.

The secretary of state shall also provide a printed government directory referencing the online

directory information to be printed and bound in a number to be determined by the secretary of

state for distribution and historical preservation purposes only. Entities included in the online

directory will be responsible for submitting up-to-date information. Users of the online directory

shall have access to all directory information and be provided with historical search capabilities so

that the entire history of the online directory is made available to the public.


 

 

 

220)

Section

Amended Chapter Numbers:

 

23-4-3

51 and 52

 

 

23-4-3. Functions.

     The office of state medical examiners shall be responsible for:

     (1) The investigation of deaths within the state that, in its judgment, might reasonably be

expected to involve causes of death enumerated in this chapter;

     (2) For the conduct of inquests when requested by the attorney general;

     (3) For the performance of autopsies, including the retention, examination, and appropriate

disposal of tissue, when appropriate, for deaths that, in its judgment, might reasonably be expected

to involve causes of deaths enumerated in this chapter;

     (4) For the written determination of the causes of death investigated pursuant to this

chapter;

     (5) For the presentation to the courts of Rhode Island of expert testimony relating to the

cause of death;

     (6) For the keeping of complete records, including names, places, circumstances, and

causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the

attorney general and of which written determinations of causes of death shall be made available for

public inspection;

     (7) For the burial of bodies for which there is no other existing legal responsibility to do

so;

     (8) For the development and enforcement of procedures for the pronouncement of death

and for the transplantation of organs from bodies of persons who have died within the state;

     (9)(i) For a multidisciplinary team review of child fatalities with the goal to decrease the

prevalence of preventable child deaths and report recommendations for community- and systems-

intervention strategies. A child death-review team shall include, but is not limited to, representation

from state agencies, health care, child welfare, and law enforcement; and

     (ii) The work product of the child death-review team shall be confidential and protected

under all applicable laws, including the federal Health Insurance Portability and Accountability Act

of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5)

and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged

pursuant to § 23-17.21-8;

     (10) The department of health shall work with the department of children, youth and

families and the office of the child advocate to develop a process to ensure the timely availability

of autopsy reports on child deaths;

     (11)(i) For a multidisciplinary team review of drug-related overdose deaths with the goal

of reducing the prevalence of these deaths by examining emerging trends in overdose, identifying

potential demographic, geographic, and structural points for prevention, and other factors. The

multidisciplinary team for review of drug-related overdose deaths may include, as determined by

the director of the department of health, representatives from the department of health; the

department of the attorney general; the Rhode Island state police; the department of corrections;

the department of behavioral healthcare, developmental disabilities and hospitals; the Rhode Island

Police Chiefs Association; the Hospital Association of Rhode Island; an emergency department

physician; a primary care physician; an addiction medicine/treatment provider; a mental health

clinician; a toxicologist; a recovery coach or other representative of the recovery community; and

others as may be determined by the director of the department of health;

     (ii) The work product of the multidisciplinary team for review of drug-related overdose

deaths shall be confidential and protected under all applicable laws, including the federal Health

Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health

care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2

of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil or criminal

proceeding, and not subject to disclosure beyond the team members (except to authorized

employees of the department of health as necessary to perform its official duties pursuant to this

subsection (11));

     (iii) The multidisciplinary team shall report on or before December 1 of each year to the

governor, the speaker of the house, and president of the senate, which report shall summarize the

activities of the team, as well as the team’s findings, progress towards reaching its goals, and

recommendations for any needed changes in legislation or otherwise; and

     (iv) [Deleted by P.L. 2021, ch. 21, § 1 and P.L. 2021, ch. 22, § 1.]

     (v) The multidisciplinary team, or Rhode Island department of health state employees

appointed by the director of the department of health, shall, as relatives of the deceased are willing,

be empowered to gather information from such consenting relatives regarding the circumstances of

the decedent's death. The information gathered shall remain confidential and publicly released as

aggregate de-identified information. The information gathered will be utilized to help identify

specific prevention and intervention strategies to prevent further deaths. The information gathered

shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal

proceeding, and shall not be subject to disclosure beyond the team members except to authorized

employees of the department of health as necessary to perform its official duties pursuant to

subsection (11) of this section, and except as aggregate de-identified information.; and

     (12)(i) For a multidisciplinary maternal mortality review committee for review of maternal

deaths of women that occur during pregnancy, delivery, or within one year of the end of pregnancy

with the goal of reducing the prevalence of such deaths by examining emerging trends in such

deaths, identifying potential demographic, geographic, and structural points for prevention, and

other factors. This committee has the authority to request and receive data from vital records,

healthcare providers, healthcare facilities, pharmacy records, and any other agencies or officials

having information that is necessary for the committee to carry out its duties under this section.

The multidisciplinary maternal mortality review committee shall include, but not be limited to, as

determined by the director of the department of health, representation from state agencies; an

obstetric provider from each hospital that delivers obstetrical care; a neonatal specialist; individuals

or organizations that represent the populations that are most affected by pregnancy-related deaths

or pregnancy-associated deaths and lack of access to maternal healthcare services; a perinatal

pathologist; and a maternal fetal medicine specialist. This committee shall develop

recommendations for the prevention of maternal deaths and disseminate findings and

recommendations to policy makers, healthcare providers, healthcare facilities, and the general

public.

     (ii) The work product of the maternal mortality review committee shall be confidential and

protected under all applicable laws, including the federal Health Insurance Portability and

Accountability Act of 1996 and the Rhode Island confidentiality of health care information act

(chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall

be deemed privileged pursuant to § 23-17.21-8.


 

 

 

 

221)

Section

Amended Chapter Numbers:

 

23-4.9-1

59 and 60

 

 

23-4.9-1. Retention of x-rays by healthcare providers.

     Every physician, surgeon, hospital, health maintenance organization, or any other health

care healthcare facility or provider that takes a mammography x-ray of any individual within this

state shall keep and maintain that mammography x-ray for the life of the individual. Provided,

further, however, that any mammography x-ray may be destroyed if the individual has had no

contact with the physician, surgeon, hospital, health maintenance organization, or other health care

facility or provider for a period exceeding fifteen (15) years period required by the United States

Food and Drug Administration.


 

 

 

222)

Section

Amended Chapter Numbers:

 

23-12.10-1

7 and 8

 

 

23-12.10-1. Purpose and creation — Municipal authorization required. [Expires March

1, 2026.]

     (a) The purpose of this chapter is to authorize a two-year (2) four-(4)year (4) pilot program

to prevent drug overdoses through the establishment of “harm reduction centers,” which, as used

in this chapter, shall be defined as a community-based resource for health screening, disease

prevention, and recovery assistance where persons may safely consume pre-obtained substances.

Smoking of pre-obtained substances shall also be permitted within the harm reduction center.

     (b) Each harm reduction center shall provide the necessary healthcare professionals to

prevent overdose, and shall provide referrals for counseling or other medical treatment that may be

appropriate for persons utilizing the harm reduction center.

     (c) The director of the department of health shall promulgate regulations to authorize the

program established by this chapter, and in accordance with § 23-12.10-5. Nothing contained in

this section authorizes a harm reduction center without approval of the municipality in which the

center is proposed.

     (d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this

chapter shall require municipal authorization and approval prior to opening or operating in any

community within this state.

     (2) As used in this chapter, the term “municipal authorization and approval” means an

express affirmative vote by the city or town council, or the equivalent governing body, of any

municipality where a harm reduction center is proposed to be located, which affirmative vote

approves:

     (i) The opening and operation of the proposed harm reduction center;

     (ii) The exact location of the proposed harm reduction center, which shall include street

address and plat and lot number or other applicable number as used by the municipality’s tax

assessor; and

     (iii) An express authorization as to the hours of operation of the proposed harm reduction

center.

     (e) Each harm reduction center approved for operation pursuant to the provisions of this

chapter shall cease operations on or before March 1, 2024 2026, unless an act of the general

assembly expressly authorizes the continuation of the operation of the harm reduction center.


 

 

223)

Section

Amended Chapter Numbers:

 

23-12.10-5

7 and 8

 

 

23-12.10-5.  Promulgation of regulations. [Expires March 1, 2026.]

     The director of the department of health shall promulgate regulations authorized by this

chapter no later than March 1, 2022. Provided, the director shall amend these regulations to the

extent the director deems necessary after March 1, 2022, to address the smoking of pre-obtained

substances.


 

 

 

224)

Section

Added Chapter Numbers:

 

23-12.10-6

7 and 8

 

 

23-12.10-6. Sunset.

     On or before January 31, 2026, the director of the department of health and the attorney

general shall submit to the governor, the speaker of the house, and the president of the senate,

recommendations as to continuation of the provisions of this chapter, and unless extended by the

general assembly, the provisions of this chapter shall sunset and expire on March 1, 2026.


 

 

 

225)

Section

Amended Chapter Numbers:

 

23-17-12

57 and 58

 

 

23-17-12. Inspections — Nursing facilities.

     (a) The licensing agency shall make or cause to be made unannounced inspections and

investigations of nursing facilities. The director shall establish by regulation criteria to determine

the frequency for unannounced inspections and investigation that shall include specific criteria to

determine the appropriate frequency of those surveys including, but not limited to,: patient acuity,;

quality indicators,; staff retention,; financial status,; and a facility’s past compliance with the

regulations. In no instance shall any facility with a pattern of noncompliance with regulations or

orders,; indications of marginal financial status,; repeated levels of nursing hours per resident

significantly below the state average,; or other risk factors determined to influence quality, receive

less than two (2) surveys in addition to the annual licensing survey required by this chapter. Any

nursing care facility which that is cited for substandard care by the licensing agency shall be

inspected on a bimonthly basis for the twelve-(12) month (12) period immediately following any

citation. The licensing agency shall, on an annual basis, cause no less than ten percent (10%) of all

nursing care facility annual surveys to be conducted, in whole or in part, on nights and/or on

weekends. The inspections shall be conducted both as to profit and nonprofit facilities and the

results shall be open to public inspection; however, requirements as to the fire safety code will be

deferred in accordance with § 23-28.1-7.

     (b) No employee or agent of the department shall be participating in or supervising an

inspection of any facility to which that employee currently has, or in the past five (5) two (2) years

has had, any ownership, employment, or consultant arrangement or any other potential conflicts of

interest. The restrictions imposed under this subsection shall be in addition to, and not in place of,

the requirements of chapter 14 of title 36.

     (c) The licensing agency shall make or cause to be made unannounced inspections and/or

investigations of any establishment, facility, boarding house, dormitory, however named, to

determine whether the lodging facility should be licensed and regulated under the provisions of this

chapter.

     (d) All members of the general assembly and any general officer of this state may make

announced and unannounced inspections of extended care facilities, skilled nursing homes,

intermediate care facilities, personal care homes, nursing homes, and state institutions.


 

 

 

226)

Section

Amended Chapter Numbers:

 

23-17-19.1

93 and 94

 

 

23-17-19.1. Rights of patients.

     Every healthcare facility licensed under this chapter shall observe the following standards

and any other standards that may be prescribed in rules and regulations promulgated by the

licensing agency with respect to each patient who utilizes the facility:

     (1) The patient shall be afforded considerate and respectful care.

     (2) Upon request, the patient shall be furnished with the name of the physician responsible

for coordinating his or her care.

     (3) Upon request, the patient shall be furnished with the name of the physician or other

person responsible for conducting any specific test or other medical procedure performed by the

healthcare facility in connection with the patient’s treatment.

     (4) The patient shall have the right to refuse any treatment by the healthcare facility to the

extent permitted by law.

     (5) The patient’s right to privacy shall be respected to the extent consistent with providing

adequate medical care to the patient and with the efficient administration of the healthcare facility.

Nothing in this section shall be construed to preclude discreet discussion of a patient’s case or

examination of by appropriate medical personnel.

     (6) The patient’s right to privacy and confidentiality shall extend to all records pertaining

to the patient’s treatment except as otherwise provided by law.

     (7) The healthcare facility shall respond in a reasonable manner to the request of a patient’s

physician, certified nurse practitioner, and/or a physician’s assistant for medical services to the

patient. The healthcare facility shall also respond in a reasonable manner to the patient’s request

for other services customarily rendered by the healthcare facility to the extent the services do not

require the approval of the patient’s physician, certified nurse practitioner, and/or a physician’s

assistant or are not inconsistent with the patient’s treatment.

     (8) Before transferring a patient to another facility, the healthcare facility must first inform

the patient of the need for, and alternatives to, a transfer.

     (9) Upon request, the patient shall be furnished with the identities of all other healthcare

and educational institutions that the healthcare facility has authorized to participate in the patient’s

treatment and the nature of the relationship between the institutions and the healthcare facility.

     (10)(a)(i) Except as otherwise provided in this subparagraph, if the healthcare facility

proposes to use the patient in any human-subjects research, it shall first thoroughly inform the

patient of the proposal and offer the patient the right to refuse to participate in the project.

     (b)(ii) No facility shall be required to inform prospectively the patient of the proposal and

the patient’s right to refuse to participate when: (i)(A) The facility’s human-subjects research

involves the investigation of potentially lifesaving devices, medications, and/or treatments and the

patient is unable to grant consent due to a life-threatening situation and consent is not available

from the agent pursuant to chapter 4.10 of this title 23 or the patient’s decision maker if an agent

has not been designated or an applicable advanced directive has not been executed by the patient;

and (ii)(B) The facility’s institutional review board approves the human-subjects research pursuant

to the requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 (relating to the informed consent of

human subjects). Any healthcare facility engaging in research pursuant to the requirements of

subparagraph (b) herein this subsection (10)(ii) shall file a copy of the relevant research protocol

with the department of health, which filing shall be publicly available.

     (11) Upon request, the patient shall be allowed to examine and shall be given an

explanation of the bill rendered by the healthcare facility irrespective of the source of payment of

the bill.

     (12) Upon request, the patient shall be permitted to examine any pertinent healthcare

facility rules and regulations that specifically govern the patient’s treatment.

     (13) The patient shall be offered treatment without discrimination as to race, color, religion,

national origin, or source of payment shall not be denied appropriate care on the basis of age, sex,

gender identity or expression, sexual orientation, race, color, marital status, familial status,

disability, religion, national origin, source of income, source of payment, or profession.

     (14) Patients shall be provided with a summarized medical bill within thirty (30) days of

discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized

copy of his or her bill. When patients are residents of state-operated institutions and facilities, the

provisions of this subsection shall not apply.

     (15) Upon request, the patient shall be allowed the use of a personal television set provided

that the television complies with underwriters’ laboratory standards and O.S.H.A. standards, and

so long as the television set is classified as a portable television.

     (16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or

processing fees, shall be made for furnishing a health record or part of a health record to a patient,

his or her attorney, or authorized representative if the record, or part of the record, is necessary for

the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C. § 

301 et seq., and the request is accompanied by documentation of the appeal or a claim under the

provisions of the Workers’ Compensation Act, chapters 29 — 38 of title 28, or for any patient who

is a veteran and the medical record is necessary for any application for benefits of any kind. A

provider shall furnish a health record requested pursuant to this section by mail, electronically, or

otherwise, within thirty (30) days of the receipt of the request. For the purposes of this section,

“provider” shall include any out-of-state entity that handles medical records for in-state providers.

Further, for patients of school-based health centers, the director is authorized to specify by

regulation an alternative list of age appropriate rights commensurate with this section.

     (17) The patient shall have the right to have his or her pain assessed on a regular basis.

     (18) Notwithstanding any other provisions of this section, upon request, patients receiving

care through hospitals, nursing homes, assisted-living residences and home healthcare providers,

shall have the right to receive information concerning hospice care, including the benefits of

hospice care, the cost, and how to enroll in hospice care.


 

 

 

227)

Section

Added Chapter Numbers:

 

23-17-66

335 and 336

 

 

23-17-66. Protocols for the early recognition and treatment of patients with

sepsis/severe sepsis/septic shock.

     (a) For purposes of this section, the following words and terms shall have the following

meanings:

     (1) "Sepsis" means a known or suspected infection with at least two (2) or more system

inflammatory response syndrome (SIRS) criteria as developed by American College of Chest

Physicians/Society of Critical Care Medicine (1991).

     (2) "Severe sepsis" means a known or suspected infection with at least two (2) or more

SIRS criteria and sepsis-related tissue hypoperfusion or organ dysfunction.

     (3) "Septic shock" means sepsis-induced hypotension persisting despite adequate

intravenous (IV) fluid resuscitation and/or evidence of tissue hypoperfusion.

     (b) On or before February 1, 2024, to the extent allowable by available state and federal

funding, the director of the department of health shall in coordination with the department of

health's Antimicrobial Stewardship and Environmental Cleaning task force, make available to

hospitals, urgent care facilities, freestanding emergency rooms, pediatric practices, and EMS

agencies, information on best practices for the treatment of patients with sepsis and septic shock.

The best practices shall be based on generally accepted standards of care, including, but not limited

to:

     (1) An evidence-based screening tool that can be used at initial evaluation of adult and

pediatric patients in these settings;

     (2) An evidence-based treatment protocol for adult and pediatric patients that includes

time-specific treatment goals;

     (3) Nurse-driven testing protocols to enable nurses to initiate care for patients with

suspected sepsis;

     (4) Incorporation of sepsis screening and treatment tools into the electronic health record

where possible;

     (5) Mechanisms to prompt escalation of care within these settings, and, when appropriate,

to stabilize and transfer to a facility able to provide a higher level of care;

     (6) Strategies for appropriate hand-offs and communication regarding the care of patients

with sepsis and for the reassessments of patients at regular intervals;

     (7) Hospital-specific antibiotic guidelines for use in treating patients with sepsis and a

mechanism for reevaluating a patient’s antibiotic treatment based on culture results that provides

reassessment and de-escalation of antibiotic treatment when appropriate; and

     (8) Staff education on sepsis policies and procedures during the onboarding process and at

least annually and when new practice guidelines are published or existing standards are updated to

ensure that care reflects current standards of practice.

     (c) In order to enhance patient safety and protection, each hospital licensed in the state shall

establish a multi-disciplinary committee to implement policies, procedures, and staff education in

accordance with the best practices issued by the department of health.

     (1) The multi-disciplinary committee at each hospital shall be responsible for the

collection, use, and reporting of quality measures related to the recognition and treatment of severe

sepsis for purposes of internal quality improvement and hospital reporting. Such measures shall

include, but not be limited to, data sufficient to evaluate each hospital’s adherence rate to its own

sepsis protocols, including adherence to timeframes and implementation of all protocol components

for adults and children.

     (d) Contingent upon the availability of funding, the department of health shall offer

continuing education credits and other educational opportunities such as provider briefings for

pediatricians and EMS agencies on the early recognition and treatment of patients with sepsis.


 

 

 

228)

Section

Added Chapter Numbers:

 

23-17.4-10.3

352 and 353

 

 

23-17.4-10.3. Informal dispute resolution process.

     (a) The licensee or its designee has the right to an informal dispute resolution process to

dispute any violation found or enforcement remedy imposed by the licensing agency during an

inspection or complaint investigation. The purpose of the informal dispute resolution process is to

provide an opportunity for an exchange of information that may lead to the modification, deletion,

or removal of a violation, or parts of a violation, or enforcement remedy imposed by the licensing

agency.

     (b) The informal dispute resolution process provided by the licensing agency shall include

an opportunity for review by a licensing agency employee who did not participate in, or oversee,

the determination of the violation or enforcement remedy under dispute.

     (c) A request for an informal dispute resolution shall be made to the licensing agency within

ten (10) business days from the receipt of a written finding of a violation or enforcement remedy.

The request shall identify the violation or violations and enforcement remedy or remedies being

disputed. Thereafter, the licensing agency shall convene a meeting with the licensee within ten (10)

business days of receipt of the request for informal dispute resolution, unless by mutual agreement

a later date is agreed upon.

     (d) If the licensing agency determines that a violation or enforcement remedy should not

be cited or imposed, the licensing agency shall delete the violation or immediately rescind or

modify the enforcement remedy. If the licensing agency determines that a violation should have

been cited under a different more appropriate regulation, the licensing agency shall revise the

report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the licensing

agency shall issue a clean copy of the revised report, statement of deficiencies, or notice of

enforcement action.

     (e) The licensee shall submit to the licensing agency, within the time period prescribed by

the licensing agency, a plan of correction to address any undisputed violations, and including any

violations that still remain following the informal dispute resolution.

     (f) The licensing agency shall promulgate regulations implementing the informal dispute

resolution process established in this section no later than January 1, 2024.


 

 

 

229)

Section

Amended Chapter Numbers:

 

23-17.7.1-3

101 and 102

 

 

23-17.7.1-3. Licensing of nursing service agencies — Rules governing establishment

of fees.

     (a) The director may establish reasonable fees for the licensure application, licensure

renewal, and administrative actions under this chapter. Annual licensure fees shall be five hundred

dollars ($500) per licensee.

     (b) Not later than October 1, 2023, the department of health (DOH) shall develop a system

that allows a temporary nursing services service agency that provides services in the state to register

annually with the department of health.

     (c) The DOH may assess an annual licensure fee of one thousand dollars ($1,000) per

licensee not later than January 1, 2024, no temporary nursing services service agency shall provide

temporary nursing services in the state unless it is registered pursuant to subsection (b) of this

section.

     (b)(d) The department of health shall promulgate licensure standards, and rules and

regulations governing the operation of nursing service agencies to protect the health and welfare of

patients. These regulations shall include, but not be limited to,: employee bonding, maintenance

of service records, and appropriate staff professional registration and certification, licensure

training, supervision, health screening, and liability insurance.


 

 

 

230)

Section

Amended Chapter Numbers:

 

23-17.7.1-10

101 and 102

 

 

23-17.7.1-10. Regulations, inspections, and investigations.

     (a) The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give

notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect

to nursing service agencies to be licensed under this chapter that may be designed to further the

accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals

receiving nursing and nursing assistant services, in the interest of public health, safety, and welfare.

All licensed nursing service agencies shall be required to protect clients by insuring ensuring that

all persons whom it employs receive training and/or competency evaluation pursuant to the

provisions of §§ 23-17.9-3 and 23-17.7-11. The licensing agency shall make or cause to be made

any inspections and investigations that it deems necessary including service records.

     (b) A nursing service agency's maximum rate for services provided to a nursing facility

and or and/or assisted living residence, by a nurse or certified nurse assistant shall not exceed two

hundred percent (200%) of the regional hourly wage of each position. The licensing agency shall

use and publish the most current median hourly wage data reported by the United States Department

of Labor Bureau of Labor Statistics (BLS) Wage Estimates for the state. These positions shall

include registered nurses, licensed practical nurses, certified nurse assistants, and medication aides.

The maximum rate shall include all charges for administrative fees, contract fees, or other special

charges in addition to the hourly rates for the temporary nursing pool personnel supplied to a client.

     (c) Records of required health inspections and investigations shall be kept confidential as

well as all required medical records including COVID-19 testing results, and all other required

vaccinations required by the department.

     (d) The personnel file and folder for each employee shall be kept confidential, including

documented evidence of credentials and other appropriate data, including documentation of

orientation, and quarterly in-service education, records of completion of required training and

educational programs, medical records, and criminal background checks.

     (e) The staffing agency shall maintain insurance coverage for workers' compensation for

all nurses, med technicians, certified nursing assistants, therapists, and therapist aides provided or

procured by the agency.

     (f) Records of violations of public health code by all agency staff shall be tracked and made

a public record.

     (g) The long-term care coordinating council (LTCC) shall develop standards for nurse staff

agencies and a ranking formula to track all agencies for public accountability.

     (h) If an employee of a staffing agency is directly connected to a quality of care or a

substandard quality of care deficiency in a facility, a subsequential investigation by the licensing

agency shall be conducted at the nursing service agency in which that individual is employed.


 

 

 

231)

Section

Amended Chapter Numbers:

 

23-17.7.1-11

101 and 102

 

 

23-17.7.1-11. Training and/or competency evaluation program for nursing assistants.

     (a) Every individual who is employed to provide nursing assistant services shall be required

to be registered as required by chapter 17.9 of this title.

     (b) An in-service educational program for direct patient care personnel shall be provided

on an ongoing basis which shall include orientation for new personnel and periodic programs

consisting of three (3) hours per quarter at a minimum for the continued improvement and

development of skills of direct care personnel, including competency training and department

required training based on licensure.


 

 

 

232)

Section

Added Chapter Numbers:

 

23-17.7.1-22

101 and 102

 

 

23-17.7.1-22. Employment prohibitions.

     (a) No nursing service agency shall recruit potential employees from a client to which it

actively provides services in any contract.

     (b) The nursing service agency shall not, in any contract with any employee of a client,

require the payment of liquidated damages, employment fees, or other compensation should the

employee be hired as a permanent employee of a client facility.


 

 

 

233)

Section

Added Chapter Numbers:

 

23-17.7.1-23

101 and 102

 

 

23-17.7.1-23. Annual reporting requirements.

     (a) The agency shall submit an annual statistical report to the department of health

including, but not limited to:

     (1) Mean, median, and average salaries and hourly pay rates of employees, by employment

type;

     (2) Number of employees;

     (3) Number of employees terminated;

     (4) Number of employees reported to the office of the attorney general; and

     (5) Number of employees reported to the department for abuse, neglect, misappropriation,

and job abandonment.

     (b) For every person placed for employment, or temporary performance of services by an

employment agency with a healthcare provider employer, the employment agency shall annually

report:

     (1) The amount charged for each person;

     (2) The amount paid to each person;

     (3) The amount of payment received that is retained by the employment agency;

     (4) Any other information that the department, in conjunction with the department of

human services, determines relevant to determine how much health care healthcare provider

employers who participate in Medicare and Medicaid are charged by employment agency services.

     (c) Reports under this section shall be submitted by the employment agencies no later than

thirty (30) days after the end of the calendar year.


 

 

 

234)

Section

Amended Chapter Numbers:

 

23-17.8-1

61 and 62

 

 

23-17.8-1. Definitions.

     (a)(1) “Abuse” means:

     (i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting,

kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an

element of the offense charged, it shall not be necessary to prove that the patient or resident was

injured by the assault;

     (ii) Any assault as defined in chapter 37 of title 11;

     (iii) Any offense under chapter 10 of title 11;

     (iv) Any conduct which that harms or is likely to physically harm the patient or resident

except where the conduct is a part of the care and treatment, and in furtherance of the health and

safety of the patient or resident; or

     (v) Intentionally engaging in a pattern of harassing conduct which that causes or is likely

to cause emotional or psychological harm to the patient or resident, including but not limited to,:

ridiculing or demeaning a patient or resident,; making derogatory remarks to a patient or resident

or cursing directed towards a patient or resident,; or threatening to inflict physical or emotional

harm on a patient or resident.

     (2) Nothing in this section shall be construed to prohibit the prosecution of any violator of

this section under any other chapter.

     (b) “Department” means the department of health when the incident occurs in a health care

healthcare facility, and the department of behavioral healthcare, developmental disabilities and

hospitals when the incident occurs in a community residence for people who are mentally retarded

or persons with intellectual or developmental disabilities.

     (c) “Facility” means any health care healthcare facility or community residence for

persons who are mentally retarded, or persons with intellectual or developmental disabilities as

those terms are defined in this section. “Health care Healthcare facility” means any hospital or

facility which that provides long-term health care required to be licensed under chapter 17 of this

title, and any assisted living residence required to be licensed under chapter 17.4 of this title, and

any community residence whether privately or publicly owned. “Community residence” for

persons who are mentally retarded or persons with intellectual or developmental disabilities means

any residential program licensed by the department of behavioral healthcare, developmental

disabilities and hospitals which that meets the definition of a community residence as defined in § 

40.1-24-1(2) and provides services to people who are mentally retarded or persons with intellectual

or developmental disabilities.

     (d) “High Managerial Agent” means an officer of a facility, the administrator and assistant

administrator of the facility, the director and assistant director of nursing services, or any other

agent in a position of comparable authority with respect to the formulation of the policies of the

facility or the supervision in a managerial capacity of subordinate employees.

     (e) (f) “Mistreatment” means the inappropriate use of medications, isolation, or use of

physical or chemical restraints:

     (1) As punishment;

     (2) For staff convenience;

     (3) As a substitute for treatment or care;

     (4) In conflict with a physician’s order; or

     (5) In quantities which that inhibit effective care or treatment, or which that harms harm

or is likely to harm the patient or resident.

     (f) (g) “Neglect” means the intentional failure to provide treatment, care, goods, and

services necessary to maintain the health and safety of the patient or resident,; or the intentional

failure to carry out a plan of treatment or care prescribed by the physician of the patient or resident,;

or the intentional failure to report patient or resident health problems or changes in health problems

or changes in health conditions to an immediate supervisor or nurse,; or the intentional lack of

attention to the physical needs of a patient or resident including, but not limited to toileting, bathing,

meals, and safety. No person shall be considered to be neglected for the sole reason that he or she

the person relies on or is being furnished treatment in accordance with the tenets and teachings of

a well-recognized church or denomination by a duly-accredited practitioner of a well-recognized

church or denomination.

     (g) (k) “Patient” means any person who is admitted to a facility for treatment or care, while

“resident” means any person who maintains their residence or domicile, on either a temporary or

permanent basis, in a facility.

     (h) (l) “Person” means any natural person, corporation, partnership, unincorporated

association, or other business entity.

     (i) (e) “Immediate jeopardy” means a situation in which the nursing facility’s alleged

noncompliance with one or more state or federal requirements or conditions has caused, or is likely

to cause serious injury, harm, impairment, or death to a resident; or shall be defined in accordance

with 42 CFR 489 C.F.R. Part 489 or any subsequent applicable federal regulations.

     (j) (h) “Non-immediate jeopardy — high potential for harm” means a situation in which a

nursing facility’s alleged noncompliance with one or more state or federal requirements or

conditions may have caused harm that negatively impacts the individual’s mental, physical, and/or

psychosocial status; or shall be defined in accordance with 42 CFR 489 C.F.R. Part 489 or any

subsequent applicable federal regulations.

     (k) (j) “Non-immediate jeopardy — medium potential for harm” means a situation in which

a nursing facility’s alleged noncompliance with one or more state or federal requirements or

conditions has caused or may have caused harm that is of limited consequence and does not

significantly impair the individual’s mental, physical, and/or psychosocial status to function; or

shall be defined in accordance with 42 CFR 489 C.F.R. Part 489 or any subsequent applicable

federal regulations.

     (l) (i) “Non-immediate jeopardy — low potential for harm” means a situation in which a

nursing facility’s alleged noncompliance with one or more state or federal requirements or

conditions may have caused mental, physical, and/or psychosocial discomfort that does not

constitute injury or damage; or shall be defined in accordance with 42 CFR 489 C.F.R. Part 489

or any subsequent applicable federal regulations.


 

 

 

235)

Section

Amended Chapter Numbers:

 

23-17.8-3.1

61 and 62

 

 

23-17.8-3.1. Physician’s, certified registered nurse practitioner’s and physician

assistant’s report of examination — Duty of facility.

     Whenever a facility shall receive a report by a person other than a physician or a certified

registered nurse practitioner or physician assistant that a patient or resident of the facility has been

harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined

by a licensed physician or a certified registered nurse practitioner or physician assistant. It shall be

mandatory for the physician or certified registered nurse practitioner or physician assistant to make

a preliminary report of his or her their findings to the department of health for a healthcare facility,

or to the department of behavioral healthcare, developmental disabilities and hospitals for a

community residence for people who are mentally retarded or persons with intellectual or

developmental disabilities and to the facility within forty-eight (48) hours after his or her the

examination, and a written report within five (5) days after his or her the examination.


 

 

 

236)

Section

Amended Chapter Numbers:

 

23-18.13-4

257 and 258

 

 

23-18.13-4. Prohibition — Schedule for removal of incidental amounts.

     (a) No package or packaging component shall be offered for sale or for promotional

purposes by its manufacturer or distributor in the state, which includes, in the package itself or in

any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any

lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an

element during manufacturing or distribution as opposed to the incidental presence of any of these

elements.

     (b) No product shall be offered for sale or for promotional purposes by its manufacturer or

distributor in the state in a package which includes, in the package itself or in any of its packaging

components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium,

mercury, or hexavalent chromium that has been intentionally introduced as an element during

manufacturing or distribution as opposed to the incidental presence of any of these elements.

     (c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent

chromium present in any package or packaging component shall not exceed 100 parts per million

by weight (0.01%).

     (d) Effective January 1, 2024 July 31, 2024, no food package to which PFAS have been

intentionally introduced during manufacturing or distribution in any amount shall be offered for

sale or for promotional purposes by its manufacturer or distributor in the state.

     (e) No substitute material used to replace a chemical regulated by this chapter in a package

or packaging component may be used in a quantity or manner that creates a hazard as great as or

greater than the hazard created by the chemical regulated by this act. The certificate of compliance

required by § 23-18.13-6 shall require an assurance to this effect.

     (f) Interstate clearinghouse. The department is authorized to participate in the

establishment and implementation of a regional or national, multi-state clearinghouse to assist in

carrying out the requirements of this chapter and to help coordinate reviews of the regulatory

applicability, certificates of compliance, education and outreach activities, and any other related

functions. The clearinghouse may also maintain reports on the effectiveness of the program,


 

 

 

237)

Section

Amended Chapter Numbers:

 

23-24.6-4

333 and 334

 

 

23-24.6-4. Definitions.

     For the purposes of this chapter:

     (1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing

preexisting registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30.

     (2) "Approved apprenticeship program" or "apprenticeship program" means an

apprenticeship program that has been approved by the U.S. Department of Labor, or by a

recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such

programs shall not include those that have obtained only provisional approval status. The required

apprenticeship programs may either be programs that have specifically allocated funding and are

subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.

("ERISA"), or non-ERISA programs financed by general funds of employers.

     (1)(3)"Childhood lead poisoning" means a confirmed venous blood lead level, measured

in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island

department of health based on the best available information about the effects of elevated blood

lead levels.

     (2)(4) "Comprehensive environmental lead inspection" means the inspection of any

structure or premises for the presence of lead in various media and includes sampling as may be

necessary or expedient in order to determine compliance in the structure or premises with standards

for being lead safe or lead free.

     (3)(5) "Department" means the state department of health.

     (4)(6) "Director" means the director of health.

     (5)(7) "Dwelling" means any enclosed space which that is wholly or partly used or

intended to be used for living or sleeping by human occupants.

     (6)(8) "Dwelling unit" means any room or group of rooms located within a dwelling and

forming a single habitable unit with facilities which that are used or intended to be used for living,

sleeping, cooking, and eating.

     (7)(9) "Environment intervention blood lead level" means a confirmed concentration, in a

person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20)

micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per deciliter

for two (2) tests taken at least three (3) months apart or as defined by the department consistent

with regulations adopted by the U.S. Department of Housing and Urban Development.

     (8)(10) "Environmental lead hazard reduction" means activities undertaken by or on behalf

of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of

this chapter.

     (11) "Full lead service line replacement" means the replacement of a lead service line that

results in the entire length, including lead goosenecks or other lead connectors, of the service line.

     (12) "Galvanized requiring replacement" means where a galvanized service line is or was

at any time downstream of a lead service line or is currently downstream of a service line.

     (13) "Galvanized service line" means iron or steel piping that has been dipped in zinc to

prevent corrosion or rusting.

     (14) "IIJA" means the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117-58

(2021) relating to drinking water found at Division E, Title I.

     (9)(15) "Inspection" means the inspection, other than a comprehensive environmental lead

inspection, of any structure or premises undertaken to determine compliance with the requirements

of this chapter or with orders issued pursuant to this chapter.

     (10)(16) "Insurer" means every medical service corporation, hospital service corporation,

health maintenance organization, or other insurance company offering and/or insuring health

services; the term includes any entity defined as an insurer under § 42-62-4.

     (11)(17) "Lead contractor" means any person or entity engaged in lead hazard reduction as

a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction

projects undertaken pursuant to the requirements of this chapter.

     (12)(18) "Lead exposure hazard" means a condition that presents a clear and significant

health risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are

children under the age of six (6) years.

     (13)(19) "Lead free" means that a dwelling, dwelling unit, or premises either contains no

lead or contains lead in amounts less than the maximum acceptable environmental lead levels

established by department of health regulations.

     (14)(20) "Lead hazard reduction" means any action or actions designed to reduce exposure

to toxic levels of lead which that impose an unacceptable risk of exposure in any dwelling or

dwelling unit, where a child under the age of six (6) years, with environmental intervention blood

lead level or greater resides, or on any premises and may include, but is not limited to: repair,

enclosure, encapsulation, or removal of lead based paint and/or lead contaminated dust, soil, or

drinking water; relocation of occupants; and cleanup measures or ongoing maintenance measures,

which may include activities and/or measures that do not present an undue risk to children under

age six (6) and can be performed by, or on behalf of, the property owner, without the person

performing such activities being licensed or certified.

     (15)(21) "Lead safe" means that a dwelling, dwelling unit, or premises has undergone

sufficient lead hazard reduction to ensure that no significant environmental lead hazard is present

and includes but is not limited to covering and encapsulation.

     (22) "Lead service lines" means any part of a public or private service line that is made of,

lined with, or contains, materials consisting of lead. Service lines with galvanized steel or iron shall

be considered lead service lines.

     (23) "Lead status unknown" means where the service line material is not known to be lead,

galvanized steel or iron requiring replacement, or a non-lead service line, such as where there is no

documented evidence supporting material classification, and otherwise where a non-lead

determination cannot be made. Lines which that are lead status unknown will be considered lead

service lines.

     (24) "Non-lead" means where the service line is determined through an evidence-based

record, method, or technique not to be lead or galvanized steel or iron requiring replacement.

     (16)(25) "Occupant" means any person who legally resides in, or regularly uses, a dwelling,

dwelling unit, or structure; provided, however, that a guest of any age shall not be considered an

occupant for the purposes of this chapter.

     (17)(26) "Owner" means any person who, alone or jointly or severally with others:

     (i) Shall have legal title to any dwelling or dwelling unit with or without accompanying

actual possession of it, or

     (ii) Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent

of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any

person representing the actual owner shall be bound to comply with the provisions of this chapter

and with rules and regulations adopted pursuant to this chapter to the same extent as if that person

were the owner. An agent of the owner excludes real estate and property management functions

where the agent is only responsible for the property management and does not have authority to

fund capital and/or major property rehabilitation on behalf of the owner.

     (iii) For purposes of publicly owned property only, the owner shall be defined to be the

chief executive officer of the municipal or state agency which that owns, leases, or controls the use

of the property.

     (18)(27) "Person" means any individual, firm, corporation, association, or partnership and

includes municipal and state agencies.

     (19)(28) "Premises" means a platted lot or part thereof or unplatted lot or parcel of land, or

plot of land, occupied by a dwelling or structure and includes any building, accessory structure, or

other structure thereon which that is or will be frequently used by children under the age of six (6)

years.

     (29) "Private service line" or "private side" means the portion of the service line including

appurtenances and connections thereto that runs from the curb shutoff valve into the residential

property or building.

     (20)(30) "Program" means the comprehensive environmental lead program established by

this chapter.

     (31) "Public service line" or "public side" means the portion of the service line including

appurtenances and connections thereto that runs from the water main in the street to the curb shutoff

valve.

     (21)(32) "State inspector" means the director, his or her the director’s designee, or any

inspector employed by the department of health who is authorized by the director to conduct

comprehensive environmental lead inspections and/or other inspections for the department.

     (33) "Transient non-community water system" means a non-community water system that

does not regularly serve at least twenty-five (25) individuals over six (6) months per year.

     (34) "Water supplier" means any supplier of water which that operates a public water

supply system, as defined in § 46-13-2.


 

 

 

238)

Section

Added Chapter Numbers:

 

23-24.6-28

333 and 334

 

 

23-24.6-28. Lead water supply replacement.

     (a) Water suppliers shall develop a service line inventory no later than October 16, 2024,

to determine the existence or absence of lead within each water connection in its service area. This

inventory shall be completed in accordance with all applicable state and federal requirements

including, but not limited to, the IIJA. Water suppliers shall include in their inventories a list of all

private side lead service replacements performed in their service areas since January 1, 2018.

Transient non-community water systems are exempt from this section.

     (b) The service line inventory shall include all service lines and shall classify which are:

     (1) Lead service lines;

     (2) Non-lead; and

     (3) Lead status unknown.

     (c)(1) Once completed, each water supplier shall provide a copy of their its inventory to

the department and to the Rhode Island infrastructure bank. This inventory shall be posted on the

department's website and on the water supplier's website. Water suppliers without a website shall

make the most recent service line inventory available in a publicly accessible location in each

community they serve.

     (12) The department shall:

     (i) Establish a webpage that serves as a public dashboard to track progress towards the

deadline in subsection (a) of this section for each public water supply system;

     (ii) Publish and maintain online a map of the location of each service line and identify

whether it is a lead service line or may be of unknown material and allow this map to serve as

compliance for participating public water supply systems with requirements at 40 C.F.R. §

141.84(a)(8) that direct the systems to make the service line materials inventory publicly accessible;

and

     (iii) Define disadvantaged communities consistent with federal guidance.

     (d) When conducting the inventory of service lines in its distribution system for the initial

inventory pursuant to this section, a water supplier shall use any information on lead and galvanized

iron or steel that it has identified pursuant to applicable state and federal requirements.

     (e) Water suppliers may utilize the following to develop a service line inventory:

     (1) Visual inspection during planned maintenance, meter replacement, and main

replacement projects;

     (2) Solicitation and receipt of comments, complaints, and other input from customers in

the service area;

     (3) Historical building records and other available data from the American Water Works

Association or other industry research groups; and/or

     (4) Any other procedures and resources, including from 40 C.F.R. 141.84 (a)(3), the water

supplier deems appropriate for identifying lead service lines.

     (f)(1) Within thirty (30) days of identifying a lead service line, the water supplier shall

provide written notice to the property owner, the tenants of the building, and the director of the

presence of lead service lines or lead status unknown service lines. The notice shall be multilingual

and include information describing the sources of lead in drinking water, description of the health

effects of lead exposure, and steps customers can take to mitigate exposure to lead in drinking

water. This notice shall include lead service line replacement instructions and contact information

to schedule a service line inspection and replacement.

     (2) Mitigation measures shall include, but not be limited to:

     (i) A water supplier providing a filter pitcher or point-of-use device certified by an

American Standards Institute accredited certifier to reduce lead;

     (ii) Instructions to use the filter; and

     (iii) Six (6) months of filter replacement cartridges.

     (g) A water supplier without an established lead service line replacement program shall

coordinate with the department and the Rhode Island infrastructure bank to develop a replacement

program.

     (h) A water supplier shall develop and submit to the department a lead service replacement

plan in accordance with the rules and regulations of the Environmental Protection Agency Lead

and Copper Rule Improvements.

     (i) The department and the Rhode Island infrastructure bank shall coordinate with water

suppliers to implement lead replacement programs, including assisting with providing financial

assistance to the extent the funds are available.

     (j) The department and the Rhode Island infrastructure bank shall assist water suppliers

with grants, loans, or other financial assistance to ensure that public service lines containing lead

are replaced in accordance with this chapter;.

     (k) Based on the inventories provided pursuant to subsection (a) of this section, the

department, the water suppliers, and the Rhode Island infrastructure bank, shall determine the

estimated total cost associated with all private side replacements. Consistent with any applicable

federal law and regulation and to the extent funds are available, the Rhode Island infrastructure

bank shall utilize federal funds allocated under section 50105 of the IIJA for the specific purpose

of reducing lead in drinking water, to enable water suppliers to meet all eligible private side lead

service replacement cost.

     (l) In the event total costs exceed available federal funding allocated under section 50105

of the IIJA, the Rhode Island infrastructure bank may request appropriations in one or more fiscal

years from the general assembly sufficient to meet the outstanding total cost of all identified

outstanding private side lead service line replacements.

     (m) For properties with a lead service line or a lead status unknown service line, water

suppliers shall inspect, at no cost to the property owner, the private side service lines to determine

whether lead or galvanized iron or steel is present. If lead is detected in the private service line, the

private service line shall be replaced in accordance with all applicable federal and state

requirements.

     (n) The water supplier shall replace the entire lead service line, if lead is present in the

public side. The water supplier shall replace the entire lead service line with minor disruption to

water service unless there is either an emergency or all persons served by the service line object to

the replacement in writing. Transient non-community water systems shall be exempt from lead

service line replacements.

     (o) In the event a property owner refuses to allow the inspection or replacement of private

side service lines, the water supplier shall file notice of all attempts to inspect or replace the private

side service lines and the property owner's refusal to allow inspection or replacement services with

the department. The notice shall state at a minimum: the date and time of each attempt; the name

of the person who refused each attempt; and the name and signature of the person who made each

attempt. The address where each refusal took place shall be published on the appropriate

department website to ensure occupants of the building have notice of the potential lead in the

service line. The notice shall be filed within thirty (30) days following the second refusal by the

property owner. The notice shall be written as a multilingual document. In the event that a water

service line in a rental property is found to contain lead and the property owner declines or is

unresponsive, the tenant shall be entitled to make a second (2nd) request to the property owner for

service line replacement. If the property owner refuses or fails to respond within sixty (60) days,

the tenant shall have the option to terminate the lease. Upon termination, the property owner may

not withhold the tenant's security deposit based upon the tenant's exercise of their termination rights

under this section.

     (p) If the property is a rental property, the owner shall inform the tenants of the presence

of lead in accordance with § 23-24.6-15(b). If the owner fails to provide tenants with timely

notification of the existence of lead in service lines to the building the owner shall be subject to

civil penalty in accordance with § 23-24.6-27.

     (q) When a property owner transfers the ownership of property, they shall disclose the

presence of lead service lines. Pursuant to § 5-20.8-11, every contract for the transfer or purchase

and sale of real estate that is or may be served by a service line containing lead shall provide that

potential purchasers be permitted a ten-(10)day (10) period, unless the parties mutually agree upon

a different period of time, to conduct a risk assessment or an inspection of the property's water

service lines for the presence of lead hazards before becoming obligated under the contract to

transfer or purchase. Parties may mutually agree to waive a risk assessment or an inspection.

     (r) The department and the Rhode Island infrastructure bank shall prioritize the allocation

of funds for private lead service line replacements in accordance with all federal requirements and

based on the percentage of private lead services service lines present within a water supplier service

area, which shall be based on factors including, but not limited to:

     (1) Targeting known lead service lines;

     (2) Targeting available funds to lead service line replacements for disadvantaged water

suppliers; and

     (3) Targeting populations most sensitive to the effects of lead.

     (s) Upon award of funds for lead service replacements, water suppliers shall prioritize

projects within their service area to disadvantaged customers and those who are most sensitive to

the effects of lead.

     (t) For any award of one million dollars ($1,000,000) or greater to a water supplier for a

lead service line replacement project, the Rhode Island infrastructure bank shall require water

suppliers and their contractors to participate in an approved apprenticeship program for all

apprenticeable crafts or trades that will be employed on the project at the time of bid.

     (u) Contingent upon available funding, each water supplier shall complete the replacement

of all public and private lead service lines in its service area within ten (10) years of the effective

date of this section unless otherwise provided in this section. All lead service line replacement

projects funded under this section shall be completed in accordance with all applicable state and

federal requirements including, but not limited to, the IIJA and related federal regulations and

guidance.

     (v) Upon completion of the lead service line inventory or no earlier than January 1, 2025,

any water supplier which that provided financing to its customers for private side lead service

replacement after January 1, 2018, may be eligible for reimbursement from the state for costs

associated with private side lead service replacements financed by its customers. State

reimbursement shall be subject to appropriation by the general assembly. The water supplier shall

submit request for reimbursements to the department. Within ninety (90) days of receipt of funds

from the state, the water supplier shall reimburse each customer for costs incurred in connection

with their private side lead service replacement project.

     (w) Each water supplier shall provide an annual report to the governor, president of the

senate, speaker of the house, director of the department of health, and executive director of the

Rhode Island infrastructure bank within ninety (90) days of the end of each fiscal year. The report

shall contain information, including, but not limited to,: the number of public services service lines

per community served and the number replaced,; the number of private service lines per community

served and the number replaced,; an estimated number of service lines to be replaced,; property

type,; number of private service line inspections conducted,; and annual expense to replace service

lines. Water suppliers whose initial inventories contain only non-lead service lines are not required

to provide subsequent annual reports required in this section.

     (x) Water suppliers may coordinate with the department and nonprofit lead advocacy

organizations to reach residents in communities with lead infrastructure. This coordination may

include, but is not limited to, developing education materials, awareness communications, and

outreach campaigns.

     (y) The department shall enforce the provisions of this section.


 

 

 

 

239)

Section

Added Chapter Numbers:

 

23-24.9-6.1

290 and 291

 

 

23-24.9-6.1. Prohibition on fluorescent lamps.

     (a) As used in this section, the following words shall have the following meanings:

     (1) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,

electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet

energy generated by the mercury discharge into visible light, and includes all of the following

characteristics:

     (i) One base (endcap) of any type, including, but not limited to, screw, bayonet, two (2)

pins, and four (4) pins;

     (ii) Integrally ballasted or nonintegrally ballasted;

     (iii) Light emission between a correlated color temperature of 1700K and 24000K and a

Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color

Space (CAM02-UCS);

     (iv) All tube diameters and all tube lengths; and

     (v) All lamp sizes and shapes for directional and nondirectional installations including, but

not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.

     (2) “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-

discharge light source in which a fluorescent coating transforms some of the ultraviolet energy

generated by the mercury discharge into visible light, and includes all of the following

characteristics:

     (i) Two (2) bases (endcaps) of any type, including single-pin, two (2)-pin, or recessed

double contact;

     (ii) Light emission between a correlated color temperature of 1700K and 24000K and a

Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color

Space (CAM02-UCS);

     (iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12;

     (iv) All tube lengths from one-half (1/2) to eight (8.0) feet inclusive; and

     (v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.

     (b) On and after January 1, 2024, it shall be a violation of this section to offer for final sale,

sell at final sale, or distribute in this state as a new manufactured product a screw or bayonet base

type compact fluorescent lamp.

     (c) On and after January 1, 2025, it shall be a violation of this section to offer for final sale,

sell at final sale, or distribute in this state as a new manufactured product a pin-base type compact

fluorescent lamp or a linear fluorescent lamp.

     (d) This section does not apply to the following:

     (1) A lamp designed and marketed exclusively for image capture and projection, including:

     (i) Photocopying;

     (ii) Printing, directly or in preprocessing;

     (iii) Lithography;

     (iv) Film and video projection; and

     (v) Holography.

     (2) A lamp that has a high proportion of ultraviolet light emission and is one of the

following:

     (i) A lamp with high ultraviolet content that has ultraviolet power greater than two (2)

milliwatts per kilolumen (mW/klm);

     (ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation

of approximately two hundred fifty-three and seven-tenths (253.7) nanometers;

     (iii) A lamp designed and marketed exclusively for disinfection or fly trapping from which

either the radiation power emitted between two hundred fifty (250) and three hundred fifteen (315)

nanometers represents at least five percent (5%) of, or the radiation power emitted between three

hundred fifteen (315) and four hundred (400) nanometers represents at least twenty percent (20%)

percent of, the total radiation power emitted between two hundred fifty (250) and eight hundred

(800) nanometers;

     (iv) A lamp designed and marketed exclusively for the generation of ozone where the

primary purpose is to emit radiation at approximately one hundred eighty-five and one-tenth

(185.1) nanometers;

     (v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from

which the radiation power emitted between four hundred (400) and four hundred eighty (480)

nanometers represents at least forty percent (40%) of the total radiation power emitted between two

hundred fifty (250) and eight hundred (800) nanometers.;

     (vi) Any ultraviolet lamp designed and marketed exclusively for use in a sunlamp product,

as defined as a phototherapy product in subchapter J of title 21 of the Code of Federal Regulations,

as in effect on the effective date of this section.

     (3) A lamp designed and marketed exclusively for use in medical or veterinary diagnosis

or treatment, or in a medical device.

     (4) A lamp designed and marketed exclusively for use in the manufacturing or quality

control of pharmaceutical products.

     (5) A lamp designed and marketed exclusively for spectroscopy and photometric

applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption

spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis,

ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring.

     (6) A lamp used by academic and research institutions for conducting research projects and

experiments.

     (7) A compact fluorescent lamp used to replace a lamp in a motor vehicle manufactured on

or before January 1, 2020.

     (e)(1) The department may cause periodic inspections to be made of distributors or retailers

in order to determine compliance with the provisions of this section. The department shall

investigate complaints received concerning violations of this section.

     (2) If the department finds that any person has committed a violation of any provision of

this section, the department shall issue a warning to such person. Any person who commits a

violation after the issuance of such warning and any further violations committed by such person

shall be subject to a civil penalty pursuant to the provisions of § 23-24.9-16. Each lamp offered,

sold, or distributed in violation of subsection (b) of this section shall constitute a separate violation,

each violation shall constitute a separate offense, and each day that such violation occurs shall

constitute a separate offense.

     (3) If the department finds repeated violations have occurred, it shall report the results of

such violations to the attorney general. The attorney general may institute proceedings to seek an

injunction in superior court to enforce the provisions of this section.

     (4) The department may adopt such further regulations as necessary to ensure the proper

implementation and enforcement of the provisions of this section.


 

 

 

240)

Section

Amended Chapter Numbers:

 

23-25-6

197 and 198

 

 

23-25-6. Registration.

     (a) Every pesticide that is distributed in the state shall be registered with the director subject

to the provisions of this chapter and shall be categorized for registration purposes. These categories

shall be: “consumer protection and health benefits products,” which means all disinfectants,

sanitizers, germicides, biocides, and other pesticides labeled for use directly on humans or pets or

in or around household premises, and “agricultural and other pesticides,” which means restricted-

use pesticides and other pesticides that are not consumer protection and health benefits products.

That registration shall be renewed annually prior to January 31; provided, that registration is not

required if a pesticide is shipped from one plant or warehouse to another plant or warehouse

operated by the same person and used solely at the plant or warehouse as a constituent part to make

a pesticide that is registered under the provisions of this chapter or if the pesticide is distributed

under the provisions of an experimental use permit issued under § 23-25-7 or an experimental use

permit issued by the EPA.

     (b) The applicant for registration shall file a statement with the director that shall include:

     (1) The name and address of the applicant and the name and address of the person whose

name will appear on the label, other than the applicant’s;

     (2) The name of the pesticide;

     (3) Other necessary information required for completion of the department of

environmental management’s application for registration form. The director may, upon receipt of

an application, designate a pesticide product as a “statewide minor use” product. Such products

will be those which that, due to limited distribution within the state, do not, in the opinion of the

director, warrant payment of the registration fee and surcharge required to register a product within

Rhode Island. Upon designating a product as a “statewide minor use” the director shall register the

product for sale or distribution while waiving both the registration fee and surcharge. The applicant

wishing to have a product so designated shall submit a completed application containing the

following information:

     (i) The product name;

     (ii) EPA registration number, if applicable;

     (iii) Description of pest to be controlled, and applicable sites;

     (iv) Documentation that the product is not registered due to limited market; and

     (v) Explanation as to why there are not effective, reasonable alternative products currently

registered.;

     (4) A complete copy of the labeling accompanying the pesticide and a statement of all

claims to be made for it, including the directions for use and the use classification as provided for

in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136a et seq.

     (c) The director, when he or she deems it necessary in the administration of this chapter,

may require the submission of the complete formula of any pesticide, including the active and inert

ingredients.

     (d) The director may require a full description of the tests made and the results of the tests

upon which the claims are based on any pesticide not registered pursuant to §section 3 of FIFRA,

7 U.S.C. § 136a, or on any pesticide on which restrictions are being considered. In the case of

renewal of registration, a statement shall be required only with respect to information that is

different from that furnished when the pesticide was registered or last reregistered.

     (e) The director may prescribe other necessary information by regulation.

     (f) The applicant desiring to register a pesticide shall, unless the director has determined

the subject product is a “statewide minor use” product pursuant to subsection (b)(3), pay an annual

registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the

applicant which shall be credited by the general treasurer to the pesticide relief fund. Annually, on

November 1, the general treasurer shall notify the director of the amount of funds contained in the

pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on

that date, the annual registration fee for the next following year commencing December 1 shall be

twenty-five dollars ($25.00), which shall become part of the general fund. All registrations shall

expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for

a special local need pursuant to this section that is disapproved by the administrator, EPA, shall

expire on the effective date of the administrator’s disapproval.

     (g) Any registration approved by the director and in effect on the 31st day of January 31,

for which a renewal application has been made and the proper fee paid, shall continue in full force

and effect until any time that the director notifies the applicant that the registration has been

renewed, or denied, in accord with the provisions of § 23-25-8. Forms for re-registration shall be

mailed to registrants at least thirty (30) days prior to the due date.

     (h)(1) Provided the state of Rhode Island is certified by the administrator of EPA to register

pesticides pursuant to §section 24(c) of FIFRA, 7 U.S.C. § 136v(c), the director shall require the

information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and

conditions of the EPA certification, register the pesticide if he or she determines that:

     (i) Its composition is such as to warrant the proposed claims for it;

     (ii) Its labeling and other material required to be submitted comply with the requirements

of this chapter;

     (iii) It will perform its intended function without unreasonable adverse effects on the

environment;

     (iv) When used in accordance with widespread and commonly recognized practice, it will

not generally cause unreasonable adverse effects on the environment; and

     (v) A special local need for the pesticide exists.

     (2) Prior to registering a pesticide for a special local need, the director shall classify the use

of the pesticide for general or restricted use in conformity with §section 3(d), 7 U.S.C. § 136a(d),

of FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying

registration of any pesticide. Where two (2) pesticides meet the requirements of this subdivision,

one should not be registered in preference to the other.

     (3) The director may develop and promulgate any other requirements by regulation that are

necessary for the state plan to receive certification from EPA.

     (i) The director may require that all registrations and fees required by this section be

submitted electronically.

     (j) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

 

241

Section

Amended Chapter Numbers:

 

23-25-6.1

197 and 198

 

 

23-25-6.1. Registration fee — Surcharge.

     (a) In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-

25-6, an additional two hundred fifty dollars ($250) registration surcharge fee shall be imposed

upon each pesticide to be sold or used within the state, unless the director has determined the subject

product is a “statewide minor use” product pursuant to § 23-25-6(b)(3). The registration surcharge

fee shall be deposited as general revenues. The director may require that the registration surcharge

required by this section be paid electronically.

     (b) In addition to the registration surcharge, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

 

242)

Section

Added Chapter Numbers:

 

23-27.3-129.4

159 and 160

 

 

23-27.3-129.4. Refrigerants.

     No provision of the Rhode Island building code, or other local code, may prohibit or

otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in

accordance with the provisions of 42 U.S.C. 7671k; provided any equipment containing such

refrigerant is listed and installed in accordance with safety standards and use conditions imposed

pursuant to such designation.


 

 

 

 

 

 

243)

Section

Added Chapter Numbers:

 

23-33-112.1

129 and 130

 

 

23-33-12.1. Inspection and registration of private elevators.

     The chief inspector shall conduct a final acceptance inspection on completion of the

installation, modification, or alteration of a private residence elevator before it is placed in service.

Upon completion and final acceptance inspection of a private residence elevator, the homeowner

shall register the private residence elevator with the department of labor and training. Registration

is to be made on a form furnished by the department of labor and training - division of occupational

safety and a database of private residence elevators shall be maintained by the chief inspector.


 

 

 

244)

Section

Amended Chapter Numbers:

 

23-74-4

61 and 62

 

 

23-74-4. Prohibited conduct.

     The director may impose disciplinary action as described in this chapter against any

unlicensed health care healthcare practitioner. The following conduct is prohibited and is grounds

for disciplinary action:

     (1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or

a no contest plea, in any court in Rhode Island or any other jurisdiction in the United States,

reasonably related to engaging in health care healthcare practices. Conviction, as used in this

subdivision, includes a conviction of an offense which that, if committed in this state, would be

deemed a felony or misdemeanor, without regard to its designation elsewhere, or a criminal

proceeding where a finding or verdict of guilty is made or returned, but the adjudication of guilt is

either withheld or not entered.

     (2) Engaging in sexual contact with an unlicensed health care healthcare client, engaging

in contact that may be reasonably interpreted by a client as sexual or engaging in sexual exploitation

of a client.

     (3) Advertising that is false, fraudulent, deceptive, or misleading.

     (4) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or

careless disregard for the health or safety of an unlicensed health care healthcare client in which

case, proof of actual injury need not be established.

     (5) Adjudication as mentally incompetent or as a person who is dangerous to self or

adjudicated as any of the following: chemically dependent, mentally ill, mentally retarded, mentally

ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous

person.

     (6) Inability to engage in unlicensed health care healthcare practices with reasonable

safety to unlicensed health care clients.

     (7) Dependence upon controlled substances, habitual drunkenness or engaging in

unlicensed health care healthcare practices while intoxicated or incapacitated by the use of drugs.

     (8) Revealing a communication from, or relating to, an unlicensed health care healthcare

client except when otherwise required or permitted by law.

     (9) Failure to comply with an unlicensed health care healthcare client’s request to furnish

an unlicensed health care healthcare client record or report required by law.

     (10) Splitting fees or promising to pay a portion of a fee to any other professional other

than for services rendered by the other professional to the unlicensed health care healthcare client.

     (11) Engaging in abusive or fraudulent billing practices, including violations of the federal

Medicare and Medicaid laws or state medical assistance laws.

     (12) Obtaining money, property, or services from an unlicensed health care healthcare

client, other than reasonable fees for services provided to the client, through the use of undue

influence, harassment, duress, deception, or fraud.

     (13) Failure to provide an unlicensed health care healthcare client with a copy of the client

bill of rights or violation of any provision of the client bill of rights.

     (14) Violating any order issued by the director.

     (15) Failure to comply with any provision of any rules adopted by the director.

     (16) Failure to comply with any additional disciplinary grounds established by the director

by rule.

     (17) Revocation, suspension, restriction, limitation, or other disciplinary action against any

health care healthcare license, certificate, registration, or right to practice of the unlicensed health

care healthcare practitioner in this or another state or jurisdiction for offenses that would be subject

to disciplinary action in this state or failure to report to the department that charges regarding the

practitioner’s license, certificate, registration, or right of practice have been brought in this or

another state or jurisdiction.

     (18) False or misleading use of the title “doctor,” “Dr.”, “physician” alone or in

combination with any other words, letters, or insignia to describe the unlicensed health care

healthcare practices the practitioner provides.


 

 

 

245)

Section

Amended Chapter Numbers:

 

24-6-1

73 and 74

 

 

24-6-1. Order of abandonment — Reversion of title — Notice.

     (a) Whenever, by the judgment of the town council of any town, a highway or driftway in

the town, or any part of either, has ceased to be useful to the public, the town council of the town

is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon,

the title of the land upon which the highway or driftway or part thereof existed shall revert to its

owner and the town shall be no longer liable to repair the highway or driftway; provided, however,

that the town council shall cause a sign to be placed at each end of the highway or driftway, having

thereon the words “Not a public highway,” and after the entry of the order or decree, shall also

cause a notice thereof to be published in a newspaper of general circulation, printed in English, at

least once each week for three (3) successive weeks in a newspaper circulated within the city or

town and a further and personal notice shall be served upon every owner of land abutting upon that

part of the highway or driftway that has been abandoned who is known to reside within this state.

Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land

so adjudged to be useless as a highway or driftway if the right had been acquired before the taking

of the land for a highway or driftway. Provided, however, that the town of Coventry and any

community with a population of not less than one hundred thousand (100,000), receiving a request

for the abandonment of a highway or driftway from an abutting property owner, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the town

of North Providence, upon receiving a request for the abandonment of a highway or driftway from

an abutting property owner may sell the highway or driftway to the abutting owner, at fair market

value; and provided further, that the town of New Shoreham, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Barrington, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment

of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to

an abutting owner would result in the creation of a new lot that would be in compliance with the

minimum-area requirement for construction of a building that is a permitted use, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the city

of Warwick, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the town of Middletown, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Cumberland, upon receiving a request for abandonment of a highway or driftway from an abutting

property owner, may sell the highway or driftway to the abutting owner at fair market value.

     (b) Provided, further, that nothing in this section shall apply to private ways regardless of

their use or maintenance thereof by any municipal corporation.

     (c) All abandonments must be recorded in land evidence records by the petitioner(s) in the

applicable municipality through the filing of an administrative subdivision in accordance with

chapter 23 of title 45. The newly created boundary lines shall be certified to a Class 1 measurement

specification pursuant to the rules and regulations promulgated by the Rhode Island board of

registration for professional land surveyors in accordance with chapter 8.1 of title 5.


 

 

 

246)

Section

Amended Chapter Numbers:

 

24-6-1

358 and 359

 

 

24-6-1. Order of abandonment — Reversion of title — Notice.

     (a) Whenever, by the judgment of the town council of any town, a highway or driftway in

the town, or any part of either, has ceased to be useful to the public, the town council of the town

is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon,

the title of the land upon which the highway or driftway or part thereof existed shall revert to its

owner and the town shall be no longer liable to repair the highway or driftway; provided, however,

that the town council shall cause a sign to be placed at each end of the highway or driftway, having

thereon the words “Not a public highway,” and after the entry of the order or decree, shall also

cause a notice thereof to be published in a newspaper of general circulation, printed in English, at

least once each week for three (3) successive weeks in a newspaper circulated within the city or

town and a further and personal notice shall be served upon every owner of land abutting upon that

part of the highway or driftway that has been abandoned who is known to reside within this state.

Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land

so adjudged to be useless as a highway or driftway if the right had been acquired before the taking

of the land for a highway or driftway. Provided, however, that the town of Coventry and any

community with a population of not less than one hundred thousand (100,000), receiving a request

for the abandonment of a highway or driftway from an abutting property owner, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the town

of North Providence, upon receiving a request for the abandonment of a highway or driftway from

an abutting property owner may sell the highway or driftway to the abutting owner, at fair market

value; and provided further, that the town of New Shoreham, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Barrington, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment

of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to

an abutting owner would result in the creation of a new lot that would be in compliance with the

minimum-area requirement for construction of a building that is a permitted use, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the city

of Warwick, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the town of Middletown, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Cumberland, upon receiving a request for abandonment of a highway or driftway from an abutting

property owner, may sell the highway or driftway to the abutting owner at fair market value; and

provided, further, that the town of Narragansett, upon receiving a request for the abandonment of

a highway or driftway from an abutting property owner, may sell the highway or driftway to the

abutting owner at fair market value.

     (b) Provided, further, that nothing in this section shall apply to private ways regardless of

their use or maintenance thereof by any municipal corporation.


 

 

247)

Section

Amended Chapter Numbers:

 

25-1-1

81 and 82

 

 

25-1-1. General holidays enumerated.

     The first day of January or, in the event that day is a Saturday or Sunday, then state

employees will celebrate the holiday on the following Monday (as New Year’s Day), the third

Monday of January (as Dr. Martin Luther King, Jr.’s Birthday), the third Monday of February (as

Washington’s Birthday), the fourth day of May (as Rhode Island Independence Day), the last

Monday of May (as Memorial Day), the nineteenth day of June or, in the event that day is a

Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as

Juneteenth National Freedom Day), the fourth day of July or, in the event that day is a Saturday or

Sunday, then state employees will celebrate the holiday on the following Monday (as Independence

Day), the second Monday of August (as Victory Day), the first Monday of September (as Labor

Day), the second Monday of October (as Columbus Day), the eleventh day of November or, in the

event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the

following Monday (as Veterans’ Day), the twenty-fifth day of December, or in the event that day

is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday

(as Christmas Day), and each of the above days in every year, or when either of the above days

falls on the first day of the week, then the day following it, the Tuesday next after the first Monday

in November in each year in which a general election of state officers is held (as election day), the

first day of every week (commonly called Sunday), and any other days as the governor or general

assembly of this state or the president or the congress of the United States shall appoint as holidays

for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays.


 

 

248)

Section

Amended Chapter Numbers:

 

25-3-1

81 and 82

 

 

25-3-1. Definitions.

     As used in this chapter:

     (1) “Director” means the director of the department of labor and training;.

     (2) “Economic necessity” means and refers to any case where the director determines that:

     (i) Both the economics and technology of manufacture of the product or a component of

the product requires continuous conversion or processing of raw materials, intermediates, or

components without interruption to avoid disproportionate loss of production capacity;

     (ii) The economics and technology of data processing requires the continuous operation of

data processing equipment to avoid deterioration of equipment or a disproportionate loss of

computer capacity or where customer requirements are that data processing equipment must be

available for input or output on a continuous basis;

     (iii) Because prevailing industry practice in the manufacturing or processing of the product

or in the provision of banking or financial services is to operate facilities within that industry seven

(7) days per week, the failure to operate on one or more Sundays or holidays will subject the

employer to a competitive hardship within the industry in which the employer competes;

     (iv) Maintenance or improvement of plant or equipment cannot practically or efficiently

be performed while production is in process;

     (v) The scheduling of production on Sundays or holidays is necessitated by interrupted or

allocated energy supplies, or shortages of raw materials or component parts;

     (vi) An employer has been deprived of its normal production schedule by fire, flood, power

failure, or other circumstances beyond its control; or

     (vii) Circumstances, temporary in nature, are that undue economic hardship would result

from the inability to operate on one or more Sundays or holidays;

     (3) “Employee” means any individual employed by an employer, but shall not include:

     (i) Any individual employed in agriculture or maritime trades, including commercial

fishing or boat repairs;

     (ii) Any physician, dentist, attorney at law, or accountant;

     (iii) Any individual engaged in the provision of health care or maintenance;

     (iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other

recreational facility (except health clubs);

     (v) Any individual employed in the business of offshore petroleum or gas exploration or

extraction, or in the business of servicing or supplying persons engaged in exploration or extraction;

     (vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued

pursuant to that section;

     (vii) Any individual employed by an employer holding a license issued pursuant to chapter

23 of title 5; or

     (viii) Any individual employed as part of a telephonic delivery of customer service, sales

operations, and ancillary services related to those services and operations, except for specific

employment positions in the telecommunications industry that are part of any collective bargaining

agreement or employment contract in effect on July 2, 1998.

     (4) “Employer” means any natural person, partnership, firm, corporation, or other

enterprise engaged in industry, transportation, communication, or any other commercial occupation

involving one or more employees; and.

     (5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Juneteenth National

Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving,

and Christmas; provided, that as it pertains to all offices of state and municipal government, the

term “holiday” includes in addition to the holidays enumerated in this subdivision, Dr. Martin

Luther King, Jr.’s Birthday, as defined in § 25-2-18.


 

 

249)

Section

Amended Chapter Numbers:

 

27-7-6

369 and 370

 

 

27-7-6. Rental vehicle coverage.

     (a) For liability assumed under a written contract, coverage shall be provided under the

property damage liability section of an insured’s private passenger automobile insurance policy.

Property damage coverage shall extend to a rented motor vehicle, under ten thousand pounds

(10,000 lbs.), without regard to negligence for a period not to exceed sixty (60) consecutive days.

     (b) Coverage pursuant to subsection (a) shall apply to all collision and comprehensive type

losses.

     (c) Whenever liability is accepted by an insurance company involving an accident that

results in their insured’s causing a total loss of the other party’s vehicle, the at-fault carrier shall

extend coverage for a rental vehicle for not less than an additional seven (7) days after the aggrieved

party receives the total loss property damage check.

     (d) Coverage shall be provided for loss of use of the rental motor vehicle; provided, that a

claim for loss of use of a rental vehicle shall be limited to the reasonable time to repair or replace

the rental vehicle, and shall be no less than the daily rental rate set forth in the rental agreement. To

establish loss of use, the rental car company shall demonstrate that the rental vehicle sustained

damage, regardless of fault, requires repair, and will be out of service for the period of time

determined by a Rhode Island licensed auto appraiser or adjuster. In the case of a total loss, loss of

use payments shall be made up until the time the vehicle owner receives the property damage

payment for the total loss. Coverage for loss of use of a rented motor vehicle shall be provided

regardless of fleet utilization.


250)

Section

Repealed Chapter Numbers:

 

27-8.3

283 and 284

 

 

27-8.3. [Repealed]


 

 

251)

Section

Repealed Chapter Numbers:

 

27-8.3-1

283 and 284

 

 

27-8.3-1. [Repealed]


 

 

252)

Section

Repealed Chapter Numbers:

 

27-8.3-2

283 and 284

 

 

27-8.3-2. [Repealed]


 

 

253)

Section

Repealed Chapter Numbers:

 

27-8.3-3

283 and 284

 

 

27-8.3-3. [Repealed]


 

 

254)

Section

Repealed Chapter Numbers:

 

27-8.3-4

283 and 284

 

 

27-8.3-4. [Repealed]


 

 

255)

Section

Repealed Chapter Numbers:

 

27-8.3-5

283 and 284

 

 

27-8.3-5. [Repealed]


 

 

256)

Section

Repealed Chapter Numbers:

 

27-8.3-6

283 and 284

 

 

27-8.3-6. [Repealed]


 

 

 

 

 

 

257)

Section

Repealed Chapter Numbers:

 

27-8.3-7

283 and 284

 

 

27-8.3-7. [Repealed]


 

 

258)

Section

Repealed Chapter Numbers:

 

27-8.3-8

283 and 284

 

 

27-8.3-8. [Repealed]


 

 

259)

Section

Repealed Chapter Numbers:

 

27-8.3-9

283 and 284

 

 

27-8.3-9. [Repealed]


 

 

260)

Section

Repealed Chapter Numbers:

 

27-8.3-10

283 and 284

 

 

27-8.3-10. [Repealed]


 

 

261)

Section

Repealed Chapter Numbers:

 

27-8.3-11

283 and 284

 

 

27-8.3-11. [Repealed]


 

 

262)

Section

Repealed Chapter Numbers:

 

27-8.3-12

283 and 284

 

 

27-8.3-12. [Repealed]


 

 

263)

Section

Repealed Chapter Numbers:

 

27-8.3-13

283 and 284

 

 

27-8.3-13. [Repealed]


 

 

 

 

 

 

 

264)

Section

Repealed Chapter Numbers:

 

27-8.3-14

283 and 284

 

 

27-8.3-14. [Repealed]


 

 

 

265)

Section

Amended Chapter Numbers:

 

27-9.1-4

342 and 343

 

 

27-9.1-4. “Unfair claims practices” defined.

     (a) Any of the following acts by an insurer, if committed in violation of § 27-9.1-3,

constitutes an unfair claims practice:

     (1) Misrepresenting to claimants and insured relevant facts or policy provisions relating to

coverage at issue;

     (2) Failing to acknowledge and act with reasonable promptness upon pertinent

communications with respect to claims arising under its policies;

     (3) Failing to adopt and implement reasonable standards for the prompt investigation and

settlement of claims arising under its policies;

     (4) Not attempting in good faith to effectuate prompt, fair, and equitable settlement of

claims submitted in which liability has become reasonably clear;

     (5) Compelling insured, beneficiaries, or claimants to institute suits to recover amounts due

under its policies by offering substantially less than the amounts ultimately recovered in suits

brought by them;

     (6) Refusing to pay claims without conducting a reasonable investigation;

     (7) Failing to affirm or deny coverage of claims within a reasonable time after having

completed its investigation related to the claim or claims;

     (8) Attempting to settle or settling claims for less than the amount that a reasonable person

would believe the insured or beneficiary was entitled by reference to written or printed advertising

material accompanying or made part of an application;

     (9) Attempting to settle or settling claims on the basis of an application that was materially

altered without notice to, or knowledge or consent of, the insured;

     (10) Making claims payments to an insured or beneficiary without indicating the coverage

under which each payment is being made;

     (11) Unreasonably delaying the investigation or payment of claims by requiring both a

formal proof of loss form and subsequent verification that would result in duplication of

information and verification appearing in the formal proof of loss form;

     (12) Failing in the case of claims denials or offers of compromise settlement to promptly

provide a reasonable and accurate explanation of the basis of those actions;

     (13) Failing to provide forms necessary to present claims within ten (10) calendar days of

a request with reasonable explanations regarding their use;

     (14) Failing to adopt and implement reasonable standards to assure that the repairs of a

repairer owned by or required to be used by the insurer are performed in a workmanlike manner;

     (15) Misleading a claimant as to the applicable statute of limitations;

     (16) Failing to respond to a claim within thirty (30) days, unless the insured shall agree to

a longer period;

     (17) Engaging in any act or practice of intimidation, coercion, threat, or misrepresentation

of consumers rights, for or against any insured person, claimant, or entity to use a particular rental

car company for motor vehicle replacement services or products; provided, however, nothing shall

prohibit any insurance company, agent, or adjuster from providing to such insured person, claimant,

or entity the names of a rental car company with which arrangements have been made with respect

to motor vehicle replacement services; provided, that the rental car company is licensed pursuant

to § 31-5-33;

     (18) Refusing to honor a “direction to pay” executed by an insured, claimant, indicating

that the insured or claimant wishes to have the insurance company directly pay his or her motor

vehicle replacement vehicle rental benefit to the rental car company of the consumer’s choice;

provided, that the rental car company is licensed pursuant to § 31-5-33. Nothing in this section shall

be construed to prevent the insurance company’s ability to question or challenge the amount

charged, in accordance with its policy provisions, and the requirements of the department of

business regulation; provided that, the insurance company promptly notifies the rental car company

in writing of the reason. The written notification shall be made at or before the time that the

insurance company submits payment to the rental car company;

     (19) Modifying any published manual, i.e., Motor’s Auto Repair Manual, Mitchells, or any

automated appraisal system, relating to auto body repair without prior agreement between the

parties;

     (20) Failing to use a manual or system in its entirety in the appraisal of a motor vehicle;

     (21) Refusing to compensate an auto body shop for its documented charges as identified,

through and based on, the most current version of automotive industry-recognized software

programs or systems for paint, body, and refinishing materials in auto body repair claims, utilized

in auto body repair, including, but not limited to, programs such as Mitchell’s RMC, PMC Logic,

Paint, Micromix, or a other paint manufacturer’s programs. An insurer shall not discount

documented charges by failing to use a system in its entirety, including an automotive industry

standard markup;

     (22) Refusing to acknowledge and compensate an auto body repairer for documented

procedures identified as necessary by the original equipment manufacturer, paint manufacturer,

when included in the repairer's appraisal, or when requested by the repairer (i.e., components that

cannot be reused/reinstalled: requiring clips, retainers, and hardware);

     (22)(23) Failing to comply with the requirements of § 31-47-12.1;

     (23)(24) Failure to have an appraisal performed by a licensed appraiser where the motor

vehicle has sustained damage estimated to exceed two thousand five hundred dollars ($2,500). The

licensed appraiser referred to herein must be unaffiliated with the repair facility repairing the

subject motor vehicle; must perform a physical inspection of the damaged motor vehicle; and may

not perform an appraisal based upon pictures of the damaged motor vehicle;

     (25) Failure of an insurer's assigned appraiser, or representative, to promptly schedule an

appointment for an appraisal of a damaged vehicle with the auto body repair shop, at an agreed

upon date and time, between normal business hours;

     (24)(26) Failure to perform an initial appraisal within three (3) business days after a request

is received from an auto body repair shop, provided the damaged motor vehicle is on the premises

of the repair shop when the request is made, and failure to perform a supplemental appraisal

inspection of a vehicle within four (4) business days after a request is received from an auto body

repair shop. If the insurer's appraiser fails to inspect the damaged motor vehicle within the allotted

number of business days for an initial appraisal or a supplemental appraisal, the insurer shall forfeit

its right to inspect the damaged vehicle prior to repairs, and negotiations shall be limited to labor

and the price of parts and shall not, unless objective evidence to the contrary is provided by the

insurer, involve disputes as to the existence of damage or the chosen manner of repair. The time

limitations set forth in this subsection may be extended by mutual agreement between the auto body

repair shop and the insurer;

     (27) Refusing to extend the rental vehicle coverage requirements of an insured or claimant

proportionally to claim delays caused by the insurer.

     (25)(28) Designating a motor vehicle a total loss if the cost to rebuild or reconstruct the

motor vehicle to its pre-accident condition is less than seventy-five percent (75%) of the “fair

market value” of the motor vehicle immediately preceding the time it was damaged:

     (i) For the purposes of this subdivision, “fair market value” means the retail value of a

motor vehicle as set forth in a current edition of a nationally recognized compilation of retail values

commonly used by the automotive industry to establish values of motor vehicles;

     (ii) Nothing herein shall be construed to require a vehicle be deemed a total loss if the total

cost to rebuild or reconstruct the motor vehicle to its pre-accident condition is greater than seventy-

five percent (75%) of the fair market value of the motor vehicle immediately preceding the time it

was damaged;

     (iii) Nothing herein shall prohibit an insurance company from agreeing to deem a vehicle

a total loss at the vehicle owner’s request and with the vehicle owner’s express written authorization

if the cost to rebuild or reconstruct the motor vehicle to its pre-accident condition is less than

seventy-five percent (75%) of the “fair market value” of the motor vehicle immediately preceding

the time it was damaged;

     (iv) If condition adjustments are made to the retail value of a motor vehicle designated a

total loss, all such adjustments must be in accordance with the standards set forth in the current

edition of a nationally recognized compilation of retail values, commonly used by the automotive

industry, used by the insurer to determine the retail value of the vehicle; and all such adjustments,

including prior damage deductions, must be itemized, fair, and reasonable; and

     (v) When a vehicle is deemed a total loss, if the insurer is not retaining the salvage, the

insurer must notify the owner of the vehicle in writing of the requirements of obtaining both a

salvage title and a reconstructed title from the department of motor vehicles pursuant to chapter 1

of title 31, and must obtain, in writing, the owner’s consent and acknowledgement that the insurer

is not retaining the salvage and include a statement of the owner’s obligation and potential costs to

dispose of or otherwise retain the salvage;

     (26)(29) Negotiating, or effecting the settlement of, a claim for loss or damage covered by

an insurance contract with an unlicensed public adjuster acting on behalf of an insured. Nothing

contained in this section shall be construed to preclude an insurer from dealing with any individual

or entity that is not required to be licensed under chapter 10 of title 27;

     (27)(30) Refusing to pay an auto body repair shop for documented necessary sublet

services paid out to vendors or incurred by the auto body repair shop, for specialty or unique

services performed in the overall repair process, including costs and labor incurred to research,

coordinate, administrate, or facilitate the necessary sublet service, and an automotive industry

standard markup. Examples of sublet services include, but are not limited to, towing, transportation,

suspension, alignments, electronic calibrations, diagnostic work, mechanical work, and paid

charges to release a vehicle.

     (b)(1) Nothing contained in subsections (a)(19), (a)(20), and (a)(21) of this section shall be

construed to interfere with an auto body repair facility’s contract with an insurance company.

     (2) If an insurance company and auto body repair facility have contracted under a direct

repair program or any similar program thereto, the provisions of subsections (a)(19), (a)(20), and

(a)(21) of this section shall not apply.

     (3) If the insured or claimant elects to have the vehicle repaired at a shop of his or her

choice, the insurer shall not limit or discount the reasonable repair costs based upon the charges

that would have been incurred had the vehicle been repaired by the insurer’s chosen shop(s).


 

 

 

266)

Section

Amended Chapter Numbers:

 

27-10.1-6

342 and 343

 

 

27-10.1-6. Conduct of motor vehicle damage appraisers.

     (a) Each appraiser, while engaged in appraisal duties, shall carry the license issued to that

appraiser by the department of business regulation and shall display it, upon request, to an owner

whose vehicle is being inspected, to the auto body shop representative involved, or to any

authorized representative of the department of business regulation.

     (b) An insurer's assigned appraiser, or representative, shall promptly schedule an

appointment for appraisal of a damaged vehicle with the auto body repair shop, at an agreed upon

date and time, between normal business hours.

     (b)(c) The appraiser shall leave a legible copy of his or her appraisal with the auto body

shop selected to make the repairs, which appraisal shall contain the name of the insurance company

ordering it, if any, the insurance file number, the number of the appraiser’s license, and the proper

identification number of the vehicle being inspected, and notice in boldface type, reading as

follows:

     “PURSUANT TO RHODE ISLAND LAW, THE CONSUMER HAS THE RIGHT TO

CHOOSE THE REPAIR FACILITY TO COMPLETE REPAIRS TO A MOTOR VEHICLE; AND

AN INSURANCE COMPANY MAY NOT INTERFERE WITH THE CONSUMER’S CHOICE

OF REPAIRER.” All damage unrelated to the incident or accident that occasioned the appraisal of

the vehicle, or old damage, shall be clearly indicated in the appraisal.

     (c)(d) The appraiser shall not obtain a competitive estimate from another auto body shop

unless the owner of that other shop, or his or her authorized agent, has inspected the vehicle. No

competitive estimate shall be obtained by the use of photographs, telephone calls, or in any manner

other than a personal inspection.

     (d)(e) No appraiser shall request that repairs be made in a specified auto body shop.

     (e)(f) Every appraiser shall re-inspect damaged vehicles when supplementary allowances

are requested by the auto body shops.

     (f)(g) No appraiser shall receive directly or indirectly any gratuity or other consideration

in connection with his or her appraisal services from any person except his or her employer, or, if

self-employed, his or her customers.

     (g)(h) No appraiser shall traffic in automobile salvage if it is obtained in any way as a result

of appraisal services rendered by the appraiser.

     (h)(i) No appraiser shall obtain an estimate from an unlicensed automobile body repair

shop nor shall any appraiser agree on a price for repairing a damaged motor vehicle with an

unlicensed automobile body repair shop. Nothing contained in this section shall be construed to

preclude an appraiser from dealing with any entity not subject to the licensing provisions of § 5-

38-4.


 

 

267)

Section

Added Chapter Numbers:

 

27-10.4

342 and 343

 

 

CHAPTER 10.4

MOTOR VEHICLE APPRAISAL PROVISION


 

 

268)

Section

Added Chapter Numbers:

 

27-10.4-1

342 and 343

 

 

27-10.4-1. Motor vehicle appraisal provision.

     (a) When the insurance company and the insured or claimants fail to agree on the amount

of a loss, either has the right to exercise the independent appraisal process outlined in this section.

Agreements by the parties shall be binding. Each shall select a disinterested Rhode Island licensed

appraiser. The insurer's chosen appraiser shall inspect the damaged motor vehicle within three (3)

business days after the written demand is received; provided, the damaged motor vehicle is on the

premises of the repair shop when the request is made. If the insurer's appraiser fails to inspect the

damaged motor vehicle within the three (3) business days the insurer shall forfeit its right to inspect

the damaged vehicle prior to repairs, and negotiations shall be limited to labor and the price of parts

and shall not, unless objective evidence to the contrary is provided by the insurer, involve disputes

as to the existence of damage or the chosen manner of repair. The time limitations set forth in this

subsection may be extended by mutual agreement between the auto body repair shop and the

insurer.

     (b) If the two (2) appraisers fail to agree on the amount of the loss, the insurer and the

insured or claimant shall select an impartial Rhode Island licensed appraiser as an umpire appraiser.

If the two (2) appraisers are unable to agree upon an umpire within three (3) business days, the

party making the initial demand for the loss to be set by appraisal shall select an umpire. The

appraisers shall then submit their differences to the umpire appraiser. The umpire appraiser shall

render a decision within three (3) business days, and written agreement by any two (2) of the three

(3) shall set the amount of the loss. The time limitations set forth in this subsection may be extended

by mutual agreement between the auto body repair shop and the insurer;.

     (c) The insurer shall not engage in any act or practice of intimidation, coercion, threat, or

misrepresentation of consumer rights, for or against and an insured person, claimant, or entity

chosen in this process.


 

 

 

269)

Section

Amended Chapter Numbers:

 

27-18-41

331 and 332

 

 

27-18-41. Mammograms and pap smears — Coverage mandated.

     (a)(1) Every individual or group hospital or medical expense insurance policy or individual

or group hospital or medical services plan contract delivered, issued for delivery, or renewed in this

state shall provide coverage for mammograms and pap smears, in accordance with guidelines

established by the American Cancer Society.

     (2) Notwithstanding the provisions of this chapter, every individual or group hospital or

medical insurance policy or individual or group hospital or medical services plan contract

delivered, issued for delivery, or renewed in this state shall pay for:

     (Ai) Two two (2) screening mammograms per year when recommended by a physician for

women who have been treated for breast cancer within the last five (5) years or are at high risk of

developing breast cancer due to genetic predisposition (BRCA gene mutation or multiple first-

degree relatives) or high risk lesion on prior biopsy (lobular carcinoma in situ) or atypical ductal

hyperplasia.; and

     (Bii) Any screening deemed medically necessary for proper breast cancer screening in

accordance with applicable American College of Radiology guidelines including, but not limited

to, magnetic resonance imaging, ultrasound, or molecular breast imaging for any person who has

received notice pursuant to § 23-12.9-2 of the existence of dense breast tissue.

     (b) This section shall not apply to insurance coverage providing benefits for: (1) hospital

Hospital confinement indemnity; (2) disability Disability income; (3) accident Accident only; (4)

long Long-term care; (5) Medicare supplement; (6) limited Limited benefit health; (7) specified

Specified disease indemnity; (8) sickness Sickness or bodily injury or death by accident or both;

and (9) other Other limited benefit policies.


 

 

 

270)

Section

Amended Chapter Numbers:

 

27-18-59

220 and 227

 

 

27-18-59. Eligibility for children’s benefits.

     (a)(1) Every health benefit plan delivered, issued for delivery, or renewed in this state and

every group health insurance contract, plan, or policy delivered, issued for delivery, or renewed in

this state which that provides health benefits coverage for dependents, except for supplemental

policies which that only provide coverage for specified diseases and other supplemental policies,

shall make coverage available for children, including children under guardianship, until attainment

of twenty-six (26) years of age, and an unmarried child of any age who is financially dependent

upon the parent and medically determined to have a physical or mental impairment which that can

be expected to result in death or which that has lasted or can be expected to last for a continuous

period of not less than twelve (12) months.

     (2) With respect to a child who has not attained twenty-six (26) years of age, a health

insurance carrier shall not define “dependent” for purposes of eligibility for dependent coverage of

children other than the terms of a relationship between a child and the plan participant, or

subscriber; provided, however, that a child in the care of a court appointed guardian who is a plan

participant or subscriber, shall have rights of eligibility identical to a natural born child of the plan

participant or subscriber.

     (3) A health insurance carrier shall not deny or restrict coverage for a child who has not

attained twenty-six (26) years of age based on the presence or absence of the child’s financial

dependency upon the participant, primary subscriber or any other person, residency with the

participant and in the individual market the primary subscriber, or with any other person, marital

status, student status, employment, or any combination of those factors. A health carrier shall not

deny or restrict coverage of a child based on eligibility for other coverage, except as provided in

subparagraph (b)(1) of this section.

     (4) Nothing in this section shall be construed to require a health insurance carrier to make

coverage available for the child of a child receiving dependent coverage, unless the grandparent

becomes the legal guardian or adoptive parent of that grandchild.

     (5) The terms of coverage in a health benefit plan offered by a health insurance carrier

providing dependent coverage of children cannot vary based on age except for children who are

twenty-six (26) years of age or older.

     (b)(1) For plan years beginning before January 1, 2014, a health insurance carrier providing

group health insurance coverage that is a grandfathered health plan and makes available dependent

coverage of children may exclude an adult child who has not attained twenty-six (26) years of age

from coverage only if the adult child is eligible to enroll in an eligible employer-sponsored health

benefit plan, as defined in section 5000A(f)(2) of the federal Internal Revenue Code, other than the

group health plan of a parent.

     (2) For plan years, beginning on or after January 1, 2014, a health insurance carrier

providing group health insurance coverage that is a grandfathered health plan shall comply with

the requirements of subsections (a) through (e) of this section.

     (c) This section does not apply to insurance coverage providing benefits for: (1) hospital

Hospital confinement indemnity; (2) disability Disability income; (3) accident Accident only; (4)

long Long-term care; (5) Medicare supplement; (6) limited Limited benefit health; (7) specified

Specified diseased disease indemnity; or (8) sickness Sickness or bodily injury or death by

accident or both; or (9) other Other limited benefit policies.


 

 

 

271)

Section

Amended Chapter Numbers:

 

27-18.2-3

379 and 380

 

 

27-18.2-3. Standards for policy provisions. [Effective July 1, 2023.]

     (a) No Medicare supplement insurance policy or certificate in force in the state shall contain

benefits that duplicate benefits provided by Medicare.

     (b) Notwithstanding any other provision of law of this state, a Medicare supplement policy

or certificate shall not exclude or limit benefits for loss incurred more than six (6) months from the

effective date of coverage because it involved a preexisting condition. The policy or certificate shall

not define a preexisting condition more restrictively than a condition for which medical advice was

given or treatment was recommended by or received from a physician within six (6) months before

the effective date of coverage.

     (c) The commissioner shall adopt reasonable regulations to establish specific standards for

policy provisions of Medicare supplement policies and certificates. Those standards shall be in

addition to and in accordance with the applicable laws of this state, including but not limited to §§

27-18-3(a) and 42-62-12 and regulations promulgated pursuant to those sections. No requirement

of this title or chapter 62 of title 42 relating to minimum required policy benefits, other than the

minimum standards contained in this chapter, shall apply to Medicare supplement policies and

certificates. The standards may cover, but not be limited to:

     (1) Terms of renewability;

     (2) Initial and subsequent conditions of eligibility;

     (3) Nonduplication of coverage;

     (4) Probationary periods;

     (5) Benefit limitations, exceptions, and reductions;

     (6) Elimination periods;

     (7) Requirements for replacement;

     (8) Recurrent conditions; and

     (9) Definitions of terms.

     (d) The commissioner may adopt reasonable regulations that specify prohibited policy

provisions not specifically authorized by statute, if, in the opinion of the commissioner, those

provisions are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be

insured under a Medicare supplement policy or certificate.

     (e) The commissioner shall adopt reasonable regulations to establish minimum standards

for premium rates, benefits, claims payment, marketing practices, and compensation arrangements

and reporting practices for Medicare supplement policies and certificates.

     (f) The commissioner may adopt any reasonable regulations necessary to conform

Medicare supplement policies and certificates to the requirements of federal law and regulations

promulgated pursuant to federal law, including but not limited to:

     (1) Requiring refunds or credits if the policies or certificates do not meet loss ratio

requirements;

     (2) Establishing a uniform methodology for calculating and reporting loss ratios;

     (3) Assuring public access to policies, premiums, and loss ratio information of issuers of

Medicare supplement insurance;

     (4) Establishing a process for approving or disapproving policy forms and certificate forms

and proposed premium increases;

     (5) Establishing a policy for holding public hearings prior to approval of premium increases

that may include the applicant’s provision of notice of the proposed premium increase to all

subscribers subject to the proposed increase, at least ten (10) days prior to the hearing; and

     (6) Establishing standards for Medicare select policies and certificates.

     (g) Each Medicare supplement Plan A policy or applicable certificate that an issuer

currently, or at any time hereafter, makes available in this state shall be made available to any

applicant under the age of sixty-five (65) who is eligible for Medicare due to a disability or end-

stage renal disease, provided that the applicant submits their application during the first six (6)

months immediately following the applicant’s initial eligibility for Medicare Part B, or alternate

enrollment period as determined by the commissioner. The issuance or coverage of any Medicare

supplement policy pursuant to this section shall not be conditioned on the medical or health status

or receipt of health care by the applicant; and no insurer shall perform individual medical

underwriting on any applicant in connection with the issuance of a policy pursuant to this

subsection.

     (h) Individuals enrolled in Medicare Parts A and B applying for a Medicare supplement

plan, regardless of age, shall receive guaranteed issue rights for standardized Medicare Supplement

Plan A during an annual enrollment period of at least one month each calendar year, as established

by the issuer. The issuance or coverage of any Medicare supplement policy pursuant to this section

shall not be conditioned on the medical or health status or receipt of health care by the applicant;

and no insurer shall perform individual medical underwriting in connection with the issuance of a

policy pursuant to this subsection; provided:

     (1) That the applicant, having been enrolled in Medicare Part A and Part B, enrolled in a

Medicare Advantage plan under Medicare Part C, and remains enrolled in such a plan when the

Medicare supplement application is submitted.


 

 

 

 

 

 

 

 

272)

Section

Amended Chapter Numbers:

 

27-18.5-3

214 and 215

 

 

27-18.5-3. Guaranteed availability to certain individuals.

     (a) Notwithstanding any of the provisions of this title to the contrary Subject to subsections

(b) through (i) of this section, all health insurance carriers that offer health insurance coverage in

the individual market in this state shall provide for the guaranteed availability of coverage to an

eligible individual or an individual who has had health insurance coverage, including coverage in

the individual market, or coverage under a group health plan or coverage under 5 U.S.C. § 8901 et

seq. and had that coverage continuously for at least twelve (12) consecutive months and who

applies for coverage in the individual market no later than sixty-three (63) days following

termination of the coverage, desiring to enroll in individual health insurance coverage, and who is

not eligible for coverage under a group health plan, part A or part B or title XVIII of the Social

Security Act, 42 U.S.C. § 1395c et seq. or 42 U.S.C. § 1395j et seq., or any state plan under title

XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (or any successor program) and does not

have other health insurance coverage (provided, that eligibility for the other coverage shall not

disqualify an individual with twelve (12) months of consecutive coverage if that individual applies

for coverage in the individual market for the primary purpose of obtaining coverage for a specific

pre-existing condition, and the other available coverage excludes coverage for that pre-existing

condition) and any eligible applicant. For the purposes of this section, an "eligible applicant" means

any individual resident of this state. A carrier offering health insurance coverage in the individual

market shall offer to any eligible applicant in the state all health insurance coverage plans of that

carrier that are approved for sale in the individual market and shall accept any eligible applicant

that applies for coverage under those plans. A carrier may not:

     (1) Decline to offer the coverage to, or deny enrollment of, the individual; or

     (2) Impose any preexisting condition exclusion with respect to the coverage.

     (b)(1) All health insurance carriers that offer health insurance coverage in the individual

market in this state shall offer all policy forms of health insurance coverage to all eligible

applicants. Provided, a carrier may offer plans with reduced cost sharing for qualifying eligible

applicants, based on available federal funds including those described by 42 U.S.C. § 18071, or

based on a program established with state funds. Provided, the carrier may elect to limit the

coverage offered so long as it offers at least two (2) different policy forms of health insurance

coverage (policy forms which have different cost-sharing arrangements or different riders shall be

considered to be different policy forms) both of which:

     (i) Are designed for, made generally available to, and actively market to, and enroll both

eligible and other individuals by the carrier; and

     (ii) Meet the requirements of subparagraph (A) or (B) of this paragraph as elected by the

carrier:

     (A) If the carrier offers the policy forms with the largest, and next to the largest, premium

volume of all the policy forms offered by the carrier in this state; or

     (B) If the carrier offers a choice of two (2) policy forms with representative coverage,

consisting of a lower-level coverage policy form and a higher-level coverage policy form each of

which includes benefits substantially similar to other individual health insurance coverage offered

by the carrier in this state and each of which is covered under a method that provides for risk

adjustment, risk spreading, or financial subsidization.

     (2) For the purposes of this subsection, “lower-level coverage” means a policy form for

which the actuarial value of the benefits under the coverage is at least eighty-five percent (85%)

but not greater than one hundred percent (100%) of the policy form weighted average.

     (3) For the purposes of this subsection, “higher-level coverage” means a policy form for

which the actuarial value of the benefits under the coverage is at least fifteen percent (15%) greater

than the actuarial value of lower-level coverage offered by the carrier in this state, and the actuarial

value of the benefits under the coverage is at least one hundred percent (100%) but not greater than

one hundred twenty percent (120%) of the policy form weighted average.

     (4) For the purposes of this subsection, “policy form weighted average” means the average

actuarial value of the benefits provided by all the health insurance coverage issued (as elected by

the carrier) either by that carrier or, if the data are available, by all carriers in this state in the

individual market during the previous year (not including coverage issued under this subsection),

weighted by enrollment for the different coverage. The actuarial value of benefits shall be

calculated based on a standardized population and a set of standardized utilization and cost factors.

     (5) The carrier elections under this subsection shall apply uniformly to all eligible

individuals in this state for that carrier. The election shall be effective for policies offered during a

period of not shorter than two (2) years.

     (c)(1) A carrier may deny health insurance coverage in the individual market to an eligible

individual applicant if the carrier has demonstrated to the director commissioner that:

     (i) It does not have the financial reserves necessary to underwrite additional coverage; and

     (ii) It is applying this subsection uniformly to all individuals in the individual market in

this state consistent with applicable state law and without regard to any health status-related factor

of the individuals and without regard to whether the individuals are eligible individuals.

     (2) A carrier upon denying individual health insurance coverage in this state in accordance

with this subsection may not offer that coverage in the individual market in this state for a period

of one hundred eighty (180) days after the date the coverage is denied or until the carrier has

demonstrated to the director commissioner that the carrier has sufficient financial reserves to

underwrite additional coverage, whichever is later.

     (d) Nothing in this section shall be construed to require that a carrier offering health

insurance coverage only in connection with group health plans or through one or more bona fide

associations, or both, offer health insurance coverage in the individual market.

     (e) A carrier offering health insurance coverage in connection with group health plans

under this title shall not be deemed to be a health insurance carrier offering individual health

insurance coverage solely because the carrier offers a conversion policy.

     (f) Except for any high risk pool rating rules to be established by the Office office of the

Health Insurance Commissioner health insurance commissioner (OHIC) as described in this

section, nothing in this section shall be construed to create additional restrictions on the amount of

premium rates that a carrier may charge an individual for health insurance coverage provided in

the individual market; or to prevent a health insurance carrier offering health insurance coverage

in the individual market from establishing premium rates or modifying applicable copayments or

deductibles in return for adherence to programs of health promotion and disease prevention.

     (g) OHIC may pursue federal funding in support of the development of a high risk pool for

the individual market, as defined in § 27-18.5-2, contingent upon a thorough assessment of any

financial obligation of the state related to the receipt of said federal funding being presented to, and

approved by, the general assembly by passage of concurrent general assembly resolution. The

components of the high risk pool program, including, but not limited to, rating rules, eligibility

requirements and administrative processes, shall be designed in accordance with § 2745 of the

Public Health Service Act (42 U.S.C. § 300gg-45) also known as the State High Risk Pool Funding

Extension Act of 2006 and defined in regulations promulgated by the office of the health insurance

commissioner on or before October 1, 2007.

     (h)(1) In the case of a health insurance carrier that offers health insurance coverage in the

individual market through a network plan, the carrier may limit the individuals who may be enrolled

under that coverage to those who live, reside, or work within the service areas for the network plan;

and within the service areas of the plan, deny coverage to individuals if the carrier has demonstrated

to the director that:

     (i) It will not have the capacity to deliver services adequately to additional individual

enrollees because of its obligations to existing group contract holders and enrollees and individual

enrollees; and

     (ii) It is applying this subsection uniformly to individuals without regard to any health

status-related factor of the individuals and without regard to whether the individuals are eligible

individuals.

     (2) Upon denying health insurance coverage in any service area in accordance with the

terms of this subsection, a carrier may not offer coverage in the individual market within the service

area for a period of one hundred eighty (180) days after the coverage is denied.

     (i) A carrier must allow an eligible applicant to enroll in coverage during:

     (A) An open enrollment period to be established by the commissioner and held annually

for a period of between thirty (30) and sixty (60) days;

     (B) Special enrollment periods as established in accordance with the version of 45 C.F.R.

§ 147.104 in effect on January 1, 2023; and

     (C) Any other open enrollment periods or special enrollment periods established by federal

or state law, rule or regulation.


 

 

 

273)

Section

Amended Chapter Numbers:

 

27-18.5-4

214 and 215

 

 

27-18.5-4. Continuation of coverage — Renewability.

     (a) A health insurance carrier that provides individual health insurance coverage to an

individual in this state shall renew or continue in force that coverage at the option of the individual.

     (b) A health insurance carrier may nonrenew non-renew or discontinue health insurance

coverage of an individual in the individual market based only on one or more of the following:

     (1) The individual has failed to pay premiums or contributions in accordance with the terms

of the health insurance coverage, including terms relating to or the carrier has not received timely

premium payments;

     (2) The individual has performed an act or practice that constitutes fraud or made an

intentional misrepresentation of material fact under the terms of the coverage;

     (3) The carrier is ceasing to offer coverage in accordance with subsections (c) and (d) of

this section;

     (4) In the case of a carrier that offers health insurance coverage in the market through a

network plan, the individual no longer resides, lives, or works in the service area (or in an area for

which the carrier is authorized to do business) but only if the coverage is terminated uniformly

without regard to any health status-related factor of covered individuals; or

     (5) In the case of health insurance coverage that is made available in the individual market

only through one or more bona fide associations, the membership of the individual in the

association (on the basis of which the coverage is provided) ceases but only if the coverage is

terminated uniformly and without regard to any health status-related factor of covered individuals.

     (c) In any case in which a carrier decides to discontinue offering a particular type of health

insurance coverage offered in the individual market, coverage of that type may be discontinued

only if:

     (1) The carrier provides notice, to each covered individual provided coverage of this type

in the market, of the discontinuation at least ninety (90) days prior to the date of discontinuation of

the coverage;

     (2) The carrier offers to each individual in the individual market provided coverage of this

type, the opportunity to purchase any other individual health insurance coverage currently being

offered by the carrier for individuals in the market; and

     (3) In exercising this option to discontinue coverage of this type and in offering the option

of coverage under subdivision (2) of this subsection, the carrier acts uniformly without regard to

any health status-related factor of enrolled individuals or individuals who may become eligible for

the coverage.

     (d) In any case in which a carrier elects to discontinue offering all health insurance

coverage in the individual market in this state, health insurance coverage may be discontinued only

if:

     (1) The carrier provides notice to the director commissioner and to each individual of the

discontinuation at least one hundred eighty (180) days prior to the date of the expiration of the

coverage; and

     (2) All health insurance issued or delivered in this state in the market is discontinued and

coverage under this health insurance coverage in the market is not renewed.

     (e) In the case of a discontinuation under subsection (d) of this section, the carrier may not

provide for the issuance of any health insurance coverage in the individual market in this state

during the five-(5)year (5) period beginning on the date the carrier filed its notice with the

department to withdraw from the individual health insurance market in this state. This five-(5)year

(5) period may be reduced to a minimum of three (3) years at the discretion of the health insurance

commissioner, based on his/her the commissioner’s analysis of market conditions and other related

factors.

     (f) The provisions of subsections (d) and (e) of this section do not apply if, at the time of

coverage renewal, a health insurance carrier modifies the health insurance coverage for a policy

form offered to individuals in the individual market so long as the modification is consistent with

this chapter and other applicable law and effective on a uniform basis among all individuals with

that policy form.

     (g) In applying this section in the case of health insurance coverage made available by a

carrier in the individual market to individuals only through one or more associations, a reference

to an “individual” includes a reference to the association (of which the individual is a member).


 

 

 

274)

Section

Amended Chapter Numbers:

 

27-18.5-5

214 and 215

 

 

27-18.5-5. Enforcement — Limitation on actions.

     The director commissioner has the power to enforce the provisions of this chapter in

accordance with § 42-14-16 and all other applicable laws.


 

 

 

275)

Section

Amended Chapter Numbers:

 

27-18.5-6

214 and 215

 

 

27-18.5-6. Rules and regulations.

     The director commissioner may promulgate rules and regulations necessary to effectuate

the purposes of this chapter.


 

 

276)

Section

Amended Chapter Numbers:

 

27-18.5-10

214 and 215

 

 

27-18.5-10. Prohibition on preexisting condition exclusions.

     (a) A health insurance policy, subscriber contract, or health plan offered, issued, issued for

delivery, or issued to cover a resident of this state by a health insurance company licensed pursuant

to this title and/or chapter: shall not limit or exclude coverage for any individual by imposing a

preexisting condition exclusion on that individual.

     (1) Shall not limit or exclude coverage for an individual under the age of nineteen (19) by

imposing a preexisting condition exclusion on that individual.

     (2) For plan or policy years beginning on or after January 1, 2014, shall not limit or exclude

coverage for any individual by imposing a preexisting condition exclusion on that individual.

     (b) As used in this section:(1) “Preexisting “preexisting condition exclusion” means a

limitation or exclusion of benefits, including a denial of coverage, based on the fact that the

condition (whether physical or mental) was present before the effective date of coverage, or if the

coverage is denied, the date of denial, under a health benefit plan whether or not any medical advice,

diagnosis, care or treatment was recommended or received before the effective date of coverage.

     (2) “Preexisting condition exclusion” means any limitation or exclusion of benefits,

including a denial of coverage, applicable to an individual as a result of information relating to an

individual’s health status before the individual’s effective date of coverage, or if the coverage is

denied, the date of denial, under the health benefit plan, such as a condition (whether physical or

mental) identified as a result of a pre-enrollment questionnaire or physical examination given to

the individual, or review of medical records relating to the pre-enrollment period.

     (c) This section shall not apply to grandfathered health plans providing individual health

insurance coverage.

     (d) This section shall not apply to insurance coverage providing benefits for: (1) Hospital

confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare

supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily

injury or death by accident or both; and (9) Other limited benefit policies.


 

 

277)

Section

Added Chapter Numbers:

 

27-18.5-11

214 and 215

 

 

27-18.5-11. Essential health benefits -- Individual.

     (a) The following words and phrases as used in this section have the following meanings

consistent with federal law and regulations adopted thereunder, as long as they remain in effect. If

such authorities are determined by the commissioner to no longer be in effect, the laws and

regulations in effect as of the date immediately prior to their legislative repeal or their being

declared invalid or nullified by final federal judicial or executive branch action, as identified by the

commissioner shall govern, unless a different meaning is required by the context:

     (1) "Essential health benefits" means the following general categories, and the services

covered within those categories as defined pursuant to the processes described in 42 U.S.C. § 18022

and implementing regulations and guidance:

     (i) Ambulatory patient services;

     (ii) Emergency services;

     (iii) Hospitalization;

     (iv) Maternity and newborn care;

     (v) Mental health and substance use disorder services, including behavioral health

treatment;

     (vi) Prescription drugs;

     (vii) Rehabilitative and habilitative services and devices;

     (viii) Laboratory services;

     (ix) Preventive services, wellness services, and chronic disease management; and

     (x) Pediatric services, including oral and vision care.

     (2) "Preventive services" means those services described in 42 U.S.C. § 300gg-13 and

implementing regulations and guidance.

     (b) If any provision of the federal Patient Protection and Affordable Care Act and

implementing regulations relating to coverage for essential health benefits and/or for preventive

services without cost sharing are determined by the commissioner to have been repealed or to have

been declared invalid or nullified by the final judgment of a federal court applicable to the state or

by executive or administrative action, which shall be deemed to include an action of the federal

executive or judicial branch that nullifies the effectiveness of the obligation to provide coverage

without cost sharing for a meaningful range of preventive services substantially similar to those

preventive services required under 42 U.S.C. § 300gg-13 as of January 1, 2023, then the following

shall apply:

     (1) A health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter shall provide coverage of at least the essential health

benefits categories set forth in this section, and shall further provide coverage of preventive services

from in-network providers without applying any copayments, deductibles, coinsurance, or other

cost sharing, as described in 42 U.S.C. § 300gg-13 and related regulations and guidance, including

existing exemptions, in effect as of the date immediately prior to their repeal, revocation, or

nullification, as set forth above.

     (2) To the extent that the U.S. Preventive Services Taskforce revises its recommendations

with respect to grade "A" or "B" preventive services, or other expert advisory panel designated in

42 U.S.C. § 300gg-13 similarly provides new or revised recommendations, the office of the health

insurance commissioner shall have the authority to issue guidance clarifying the services that shall

qualify as preventive services under this section, consistent with said recommendations and in

accordance with the processes as had been described by the version of 42 U.S.C. § 300gg-13(b)

and related regulations and guidance in effect as of the date immediately prior to their repeal,

revocation, or nullification, as set forth above.

     (c) If a health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter, was not subject to the requirements described in

subsection (b) of this section prior to their repeal, revocation, or nullification, then such policy,

contract, or plan shall remain so exempt and the provisions of this section shall not apply.


 

 

 

278)

Section

Added Chapter Numbers:

 

27-18.6-3.2

214 and 215

 

 

27-18.6-3.2. Preventative services.

     (a) As used in this section, "preventive services" means those services described in 42

U.S.C. § 300gg-13 and implementing regulations and guidance.

     (b) If any provision of the federal Patient Protection and Affordable Care Act and

implementing regulations relating to preventive services without cost sharing are determined by

the commissioner to have been repealed or to have been declared invalid or nullified by the final

judgment of a federal court applicable to the state or by executive or administrative action, which

shall be deemed to include an action of the executive or judicial branch that nullifies the

effectiveness of the obligation to provide coverage without cost sharing for a meaningful range of

preventive services substantially similar to those in effect as of January 1, 2023, then the following

shall apply:

     (1) A health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter, shall provide coverage of preventive services from in-

network providers without applying any copayments, deductibles, coinsurance, or other cost

sharing, as described in 42 U.S.C. § 300gg-13 and related regulations and guidance, including

existing exemptions, in effect as of the date immediately prior to their repeal, revocation, or

nullification, as set forth above.

     (2) To the extent that the U.S. Preventive Services Taskforce revises its recommendations

with respect to grade "A" or "B" preventive services or other expert advisory panel described in 42

U.S.C. § 300gg-13, similarly provides new or revised recommendations the office of the health

insurance commissioner shall have the authority to issue guidance clarifying the services that shall

qualify as preventive services under this section, consistent with said recommendations, and in

accordance with the process as had been described by the version of 42 U.S.C. § 300gg-13(b) and

related regulations and guidance in effect as of the date immediately prior to their repeal,

revocation, or nullification, as set forth above.

     (c) If a health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter, was not subject to the requirements described in

subsection (b) of this section prior to their repeal, revocation, or nullification, then such policy,

contract, or plan shall remain so exempt and the provisions of this section shall not apply.


 

 

 

279)

Section

Amended Chapter Numbers:

 

27-19-20

331 and 332

 

 

27-19-20. Mammograms and pap smears — Coverage mandated.

     (a) Subscribers to any nonprofit hospital service plan shall be afforded coverage under the

plan for mammograms and pap smears, in accordance with guidelines established by the American

Cancer Society.

     (b) Notwithstanding the provisions of this chapter, subscribers to any nonprofit hospital

service plan shall be afforded coverage for:

     (1) Two two (2) screening mammograms per year when recommended by a physician for

women who have been treated for breast cancer within the last five (5) years or who are at high risk

of developing breast cancer due to genetic predisposition (BRCA gene mutation or multiple first-

degree relatives) or high risk lesion on prior biopsy (lobular carcinoma in situ) or atypical ductal

hyperplasia.; and

     (2) Any screening deemed medically necessary for proper breast cancer screening in

accordance with applicable American College of Radiology guidelines including, but not limited

to, magnetic resonance imaging, ultrasound, or molecular breast imaging for any person who has

received notice pursuant to § 23-12.9-2 of the existence of dense breast tissue.


 

 

 

280)

Section

Amended Chapter Numbers:

 

27-20-17

331 and 332

 

 

27-20-17. Mammograms and pap smears — Coverage mandated.

     (a) Subscribers to any nonprofit medical service plan shall be afforded coverage under the

plan for mammograms and pap smears, in accordance with guidelines established by the American

Cancer Society.

     (b) Notwithstanding the provisions of this chapter, subscribers to any nonprofit medical

service plan shall be afforded coverage for:

     (1) Two two (2) paid screening mammograms per year when recommended by a physician

for women who have been treated for breast cancer within the last five (5) years or who are at high

risk of developing breast cancer due to genetic predisposition (BRCA gene mutation or multiple

first-degree relatives) or high risk lesion on prior biopsy (lobular carcinoma in situ) or atypical

ductal hyperplasia.; and

     (2) Any screening deemed medically necessary for proper breast cancer screening in

accordance with applicable American College of Radiology guidelines including, but not limited

to, magnetic resonance imaging, ultrasound, or molecular breast imaging for any person who has

received notice pursuant to § 23-12.9-2 of the existence of dense breast tissue.


 

 

 

281)

Section

Amended Chapter Numbers:

 

27-41-30

331 and 332

 

 

27-41-30. Mammograms and pap smears — Coverage mandated.

     (a) Subscribers to any health maintenance organization plan shall be afforded coverage

under that plan for mammograms and pap smears, in accordance with guidelines established by the

American Cancer Society.

     (b) Notwithstanding the provisions of this chapter, subscribers to any health maintenance

organization plan shall be afforded coverage for:

     (1) Two two (2) paid screening mammograms per year when recommended by a physician

for women who have been treated for breast cancer within the last five (5) years or who are at high

risk of developing breast cancer due to genetic predisposition (BRCA gene mutation or multiple

first-degree relatives) or high risk lesion on prior biopsy (lobular carcinoma in situ) or atypical

ductal hyperplasia.; and

     (2) Any screening deemed medically necessary for proper breast cancer screening in

accordance with applicable American College of Radiology guidelines including, but not limited

to, magnetic resonance imaging, ultrasound, or molecular breast imaging for any person who has

received notice pursuant to § 23-12.9-2 of the existence of dense breast tissue.


 

 

 

282)

Section

Amended Chapter Numbers:

 

27-50-11

214 and 215

 

 

27-18.5-11. Essential health benefits -- Individual.

     (a) The following words and phrases as used in this section have the following meanings

consistent with federal law and regulations adopted thereunder, as long as they remain in effect. If

such authorities are determined by the commissioner to no longer be in effect, the laws and

regulations in effect as of the date immediately prior to their legislative repeal or their being

declared invalid or nullified by final federal judicial or executive branch action, as identified by the

commissioner shall govern, unless a different meaning is required by the context:

     (1) "Essential health benefits" means the following general categories, and the services

covered within those categories as defined pursuant to the processes described in 42 U.S.C. § 18022

and implementing regulations and guidance:

     (i) Ambulatory patient services;

     (ii) Emergency services;

     (iii) Hospitalization;

     (iv) Maternity and newborn care;

     (v) Mental health and substance use disorder services, including behavioral health

treatment;

     (vi) Prescription drugs;

     (vii) Rehabilitative and habilitative services and devices;

     (viii) Laboratory services;

     (ix) Preventive services, wellness services, and chronic disease management; and

     (x) Pediatric services, including oral and vision care.

     (2) "Preventive services" means those services described in 42 U.S.C. § 300gg-13 and

implementing regulations and guidance.

     (b) If any provision of the federal Patient Protection and Affordable Care Act and

implementing regulations relating to coverage for essential health benefits and/or for preventive

services without cost sharing are determined by the commissioner to have been repealed or to have

been declared invalid or nullified by the final judgment of a federal court applicable to the state or

by executive or administrative action, which shall be deemed to include an action of the federal

executive or judicial branch that nullifies the effectiveness of the obligation to provide coverage

without cost sharing for a meaningful range of preventive services substantially similar to those

preventive services required under 42 U.S.C. § 300gg-13 as of January 1, 2023, then the following

shall apply:

     (1) A health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter shall provide coverage of at least the essential health

benefits categories set forth in this section, and shall further provide coverage of preventive services

from in-network providers without applying any copayments, deductibles, coinsurance, or other

cost sharing, as described in 42 U.S.C. § 300gg-13 and related regulations and guidance, including

existing exemptions, in effect as of the date immediately prior to their repeal, revocation, or

nullification, as set forth above.

     (2) To the extent that the U.S. Preventive Services Taskforce revises its recommendations

with respect to grade "A" or "B" preventive services, or other expert advisory panel designated in

42 U.S.C. § 300gg-13 similarly provides new or revised recommendations, the office of the health

insurance commissioner shall have the authority to issue guidance clarifying the services that shall

qualify as preventive services under this section, consistent with said recommendations and in

accordance with the processes as had been described by the version of 42 U.S.C. § 300gg-13(b)

and related regulations and guidance in effect as of the date immediately prior to their repeal,

revocation, or nullification, as set forth above.

     (c) If a health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter, was not subject to the requirements described in

subsection (b) of this section prior to their repeal, revocation, or nullification, then such policy,

contract, or plan shall remain so exempt and the provisions of this section shall not apply.


 

 

 

283)

Section

Added Chapter Numbers:

 

27-50-19

214 and 215

 

 

27-50-19. Essential health benefits.

     (a) The following words and phrases as used in this section have the following meanings

consistent with federal law and regulations adopted thereunder, as long as they remain in effect. If

such authorities are determined by the commissioner to no longer be in effect, the laws and

regulations in effect as of the date immediately prior to their legislative repeal or their being

declared invalid or nullified by federal judicial or executive branch action, as identified by the

commissioner shall govern, unless a different meaning is required by the context:

     (1) "Essential health benefits" means the following general categories, and the services

covered within those categories as defined pursuant to the processes described in 42 U.S.C. § 18022

and implementing regulations and guidance:

     (i) Ambulatory patient services;

     (ii) Emergency services;

     (iii) Hospitalization;

     (iv) Maternity and newborn care;

     (v) Mental health and substance use disorder services, including behavioral health

treatment;

     (vi) Prescription drugs;

     (vii) Rehabilitative and habilitative services and devices;

     (viii) Laboratory services;

     (ix) Preventive services, wellness services, and chronic disease management; and

     (x) Pediatric services, including oral and vision care.

     (2) "Preventative Preventive services" means those services described in 42 U.S.C. §

300gg-13 and implementing regulations and guidance.

     (b) If any provision of the federal Patient Protection and Affordable Care Act and

implementing regulations relating to coverage for essential health benefits and/or for preventive

services without cost sharing are determined by the commissioner to have been repealed or to have

been declared invalid or nullified by the final judgment of a federal judicial branch applicable to

the state or by executive or administrative action, which shall be deemed to include an action of the

federal executive or judicial branch that nullifies the effectiveness of the obligation to provide

coverage without cost sharing for a meaningful range of preventive services substantially similar

to those preventive services required under 42 U.S.C. § 300gg-13 as of January 1, 2023, then the

following shall apply:

     (1) A health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter shall provide coverage of at least the essential health

benefits categories set forth in this section, and shall further provide coverage of preventive services

from in-network providers without applying any copayments, deductibles, coinsurance, or other

cost sharing, as described in 42 U.S.C. § 300gg-13 and related regulations and guidance, including

existing exemptions, in effect as of the date immediately prior to their repeal, revocation, or

nullification, as set forth above.

     (2) To the extent that the U.S. Preventive Services Taskforce revises its recommendations

with respect to grade "A" or "B" preventive services, or other expert advisory panel designated in

42 U.S.C. § 300gg-13 similarly provides new or revised recommendations, the office of health

insurance commissioner shall have the authority to issue guidance clarifying the services that shall

qualify as preventive services under this section, consistent with said recommendations and in

accordance with the processes as had been described by the version of 42 U.S.C. § 300gg-13(b)

and related regulations and guidance in effect as of the date immediately prior to their repeal,

revocation, or nullification, as set forth above.

     (c) If a health insurance policy, subscriber contract, or health plan offered, issued, renewed,

issued for delivery, or issued to cover a resident of this state, by a health insurance company

licensed pursuant to this title and/or chapter, was not subject to the requirements described in

subsection (b) of this section prior to their repeal, revocation, or nullification, then such policy,

contract, or plan shall remain so exempt and the provisions of this section shall not apply.


 

 

 

284)

Section

Amended Chapter Numbers:

 

27-57-1

21 and 22

 

 

27-57-1. Interception of insurance payments.

     (a) Every domestic insurer or insurance company authorized to issue policies of life

insurance or liability insurance pursuant to this title, and also any workers’ compensation insurer,

shall, within thirty (30) days prior to the making of any payment equal to or in excess of five

hundred dollars ($500) to any claimant or beneficiary who is a resident of the state of Rhode Island

or to any claimant who has an accident or loss that occurred in the state of Rhode Island, for third

party for personal injury or workers’ compensation benefits under a contract of insurance, or who

is to receive any economic benefit from a life insurance policy, including, but not limited to, as a

co-payee, or whether by means of cash surrender under any type policy, or as a loan against the

cash value or surrender value of any insurance policy, review information provided by the

department of human service services, office of child support services, child support enforcement

pursuant to § 27-57-4 indicating whether the claimant owes past-due child support.

     (b) If the insurer determines from the information provided by the department pursuant to

§ 27-57-4 that the claimant or payee does not owe past-due support, the insurer may make the

payment to the claimant in accordance with the contract of the insurance.

     (c) If the insurer determines from the information provided by the department pursuant to

§ 27-57-4 that the claimant or payee owes past-due child support, the insurer shall, except to the

extent payments are subject to liens, written notices, or interests described in § 27-57-3, withhold

from payment the amount of past-due support and pay that amount to the family court which shall

credit the person’s child support obligation account for the amount so paid, and the insurer shall

pay the balance to the claimant or other person entitled to it. The insurer or insurance company

shall provide written notice to the claimant and his or her attorney, if any, and notice by e-mail or

other electronic means, to the department of the payment to the family court. The payment shall be

deposited in the registry of the family court for a period of forty-five (45) days, or if an application

for review has been filed pursuant to subsection (d), until further order of the court. The notice shall

reflect the date, name, social security number, case number, and amount of the payment. Any

insurer or insurance company, its directors, agents, and employees and central reporting

organizations and their respective employees, authorized by an insurer to act on its behalf, who

release information in accordance with the provisions of this chapter, or who withhold amounts

from payment based upon the latest information supplied by the department pursuant to § 27-57-

4 and makes disbursements in accordance with § 27-57-3, shall be in compliance and shall be

immune from any liability to the claimant, payee lienholder, payee who provided written notice, or

security interest holder for taking that action.

     (d) Any claimant aggrieved by any action taken under this section may within thirty (30)

days of the making of the notice to the claimant in subsection (c) of this section, seek judicial review

in the family court, which may in its discretion, issue a temporary order prohibiting the

disbursement of funds under this section, pending final adjudication.


 

 

285)

Section

Added Chapter Numbers:

 

27-61.1

95 and 96

 

 

CHAPTER 61.1

UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE

AND LONG-TERM-CARE INSURANCE ACT


 

 

 

286)

Section

Added Chapter Numbers:

 

27-61.1-1

95 and 96

 

 

27-61.1-1. Short title.

     This chapter shall be known and may be cited as the "Unfair Discrimination Against Organ

Donors."


 

 

287)

Section

Added Chapter Numbers:

 

27-61.1-2

95 and 96

 

 

27-61.1-2. Definitions.

     As used in this section, the following terms apply:

     (1) "Insurance coverage" means coverage under a disability income, life, or long-term-care

insurance policy.

     (2) "Living donor" means an individual for which of whom both of the following apply:

     (i) Has donated all or part of an organ or bone marrow; and

     (ii) Is not deceased.


 

 

288)

Section

Added Chapter Numbers:

 

27-61.1-3

95 and 96

 

 

27-61.1-3. Unfair discrimination against organ donors.

     Notwithstanding any other provision of law to the contrary, an insurer or issuer of a

disability income, life, or long-term care insurance policy shall not deny, cancel, or refuse to issue

insurance coverage, determine the price or premium for, or otherwise vary any term or condition

of the policy solely on the basis of the individual's status as a living donor and without any unique

and material actuarial risks in accordance with sound actuarial principles or actual and reasonably

anticipated and expected experience of the individual based on the individual's status as a living

donor.


 

 

 

289)

Section

Added Chapter Numbers:

 

27-61.1-4

95 and 96

 

 

27-61.1-4. Enforcement.

     Violations of this chapter are subject to the provisions of §§ 27-29-8 and 27-29-9 and may

include injunctive relief and/or a requirement of restitution. The powers and duties set forth in this

section are in addition to all other authority of the commissioner.


 

 

 

290)

Section

Amended Chapter Numbers:

 

28-14-1

244 and 245

 

 

28-14-1. Definitions.

     Whenever used in this chapter, except where the context clearly indicates otherwise:

     (1) “Construction industry” means the business of constructing, reconstructing, altering,

maintaining, moving, rehabilitating, repairing, renovating, or demolition of any building, structure,

or improvement to the excavation of or other development or improvement to land, highways, or

other real property.

     (2) “Department” means the department of labor and training.

     (1)(3) “Director” means the director of the department of labor and training or his or her

the director’s duly authorized representative.

     (2)(4) “Employee” means any person suffered or permitted to work by an employer, except

that independent contractors or subcontractors shall not be considered employees.

     (3)(5) “Employer” means any individual, firm, partnership, association, joint stock

company, trust, corporation, receiver, or other like officer appointed by a court of this state, and

any agent or officer of any of the previously mentioned classes, employing any person in this state.

     (4)(6) “Wages” means all amounts at which the labor or service rendered is recompensed,

whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method

of calculating the amount.


 

 

 

291)

Section

Amended Chapter Numbers:

 

28-14-17

244 and 245

 

 

28-14-17. Penalty for violations.

     (a) Except as otherwise provided for in this chapter, any Any employer who or that violates

or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and

upon conviction of the misdemeanor, the employer shall be punished by a fine of not less than four

hundred dollars ($400) for each separate offense, or by imprisonment of up to one year, or by both

fine and imprisonment. Each day pay period of failure to pay wages due an employee at the time

specified in this chapter shall constitute a separate and distinct civil violation, separate and apart

from any criminal violation provided for in subsection (b) of this section violation.

     (b) Any employer who knowingly and willfully violates §§ 28-14-2, § 28-14-4, or § 28-

14-6 of this chapter shall be guilty of a felony if the actual value of the wages due to an employee

exceeds one thousand five hundred dollars ($1,500), and upon a plea or conviction thereof, shall

be deemed to have committed a felony and shall be imprisoned by a term not exceeding three (3)

years, or by a fine not exceeding five thousand dollars ($5,000), or both. In calculating the value

of wages due to an employee, the total amount of all wages due the employee, in U.S. dollars, shall

be included in the calculation.

     (b)(c) Any employer found guilty of violations of this chapter who or that does not pay

wages and fines within thirty (30) days of a final decision and after notification by the department

of labor and training, may have the employer’s business license revoked by the state of Rhode

Island until the employer pays such wages and fines in full or enters into a payment agreement with

which the employer stays in compliance.


 

 

292)

Section

Amended Chapter Numbers:

 

28-14-18.4

248 and 249

 

 

28-14-18.4.  Extension of protection -- Annual report.

     (a) The protections set forth in § 28-14-18 [repealed] and the relief and damages for

violations set forth in §§ 28-14-18.1 [repealed] and 28-14-18.2 [repealed] §§ 28-14-19.2 and 28-

14-19.3 shall also apply to§§ 28-41-35(f) and (g) and chapters 3, 6, 12, and 18 of this title, and to

chapter 23 of title 5, and chapter 3 of title 25.

     (b) The director, on or before December 31, 2024, and annually thereafter, shall submit a

report to the governor, the speaker of the house, and the president of the senate regarding all

complaints filed in the preceding year with the department of labor and training (the "department")

for alleged violations of § 28-41-35(f) and (g).

     (c) The annual report required pursuant to subsection (b) of this section shall include, but

not be limited to, the following information:

     (1) The total number of complaints filed with the department for alleged violations of § 28-

41-35(f) or (g), or both;

     (2) The exact nature of the alleged violations;

     (3) How each complaint was resolved, whether after hearing or settlement;

     (4) Whether the findings after hearing were appealed;

     (5) Results of each appeal;

     (6) The number of complaints in which an alleged violation was determined to be founded,

and the number of complaints determined to be unfounded or dismissed; and

     (7) A determination of the number of complaints for alleged violations of § 28-41-35(f) or

(g) which also included an alleged violation of § 25-3-3, and the resolution of the complaint with

respect to the alleged violation of § 25-3-3.

     (d) The provisions of subsections (b) and (c) of this section shall sunset and expire on July

1, 2025, unless extended by the general assembly.


 

 

293)

Section

Amended Chapter Numbers:

 

28-14-19

244 and 245

 

 

28-14-19. Enforcement powers and duties of director of labor and training.

     (a) It shall be the duty of the director to ensure compliance with the provisions of this

chapter and chapter 12 of this title. The director, or his or her the director’s designee, may

investigate any violations thereof, institute or cause to be instituted actions for the collection of

wages, and institute action for penalties or other relief as provided for within and pursuant to those

chapters. The director, or his or her the director’s authorized representatives, are empowered to

hold hearings, and he or she the director or the director’s designee shall cooperate with any

employee in the enforcement of a claim against his or her the employee’s employer in any case

whenever, in his or her the opinion of the director or the director’s designee, the claim is just

and valid.

     (b) Upon receipt of a complaint or conducting an inspection under applicable law, the

director, or his or her the director’s appropriate departmental designee, is authorized to investigate

to determine compliance with this chapter and chapter 12 of this title. The director or designee shall

forward all complaints to the investigatory team within the department of labor and training who

shall conduct the initial screening, investigation, and field audits, as set forth in § 28-14-19.1.

     (c) With respect to all complaints deemed just and valid by the investigatory team, the

director, or his or her the director’s designee, shall order a hearing thereon at a time and place to

be specified, and shall give notice thereof, together with a copy of the complaint or the purpose

thereof, or a statement of the facts disclosed upon investigation, which notice shall be served

personally or by mail on any person, business, corporation, or entity of any kind affected thereby.

The hearing shall be scheduled within thirty (30) days of service of a formal complaint as provided

herein. The person, business, corporation, or entity shall have an opportunity to be heard in respect

to the matters complained of at the time and place specified in the notice. The hearing shall be

conducted by the director or his or her the director’s designee. The hearing officer in the hearing

shall be deemed to be acting in a judicial capacity, and shall have the right to issue subpoenas,

administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section

shall be regulated by Rhode Island civil practice law and rules. The hearing shall be expeditiously

conducted and upon such hearing the hearing officer shall determine the issues raised thereon and

shall make a determination and enter an order within thirty (30) days of the close of the hearing,

and forthwith serve a copy of the order, with a notice of the filing thereof, upon the parties to the

proceeding, personally or by mail. The order shall dismiss the complaint or direct payment of any

wages and/or benefits found to be due and/or award such other appropriate relief or penalties

authorized under this chapter and chapter 12 of this title, and the order may direct payment of

reasonable attorney’s fees and costs to the complaining party. Interest at the rate of twelve percent

(12%) per annum shall be awarded in the order from the date of the nonpayment to the date of

payment.

     (d) The order shall also require payment of a further sum as a civil penalty in an amount

up to two (2) times the total wages and/or benefits found to be due, exclusive of interest, which

shall be shared equally between the department and the aggrieved party. In determining the amount

of any penalty to impose, the director, or his or her the director’s designee, shall consider the size

of the employer’s business, the good faith of the employer, the gravity of the violation, the previous

violations, and whether or not the violation was an innocent mistake or willful.

     (e) The director may institute any action to recover unpaid wages or other compensation or

obtain relief as provided under this section with or without the consent of the employee or

employees affected.

     (f) No agreement between the employee and employer to work for less than the applicable

wage and/or benefit rate or to otherwise work under and/or conditions in violation of applicable

law is a defense to an action brought pursuant to this section.

     (g) The director shall notify the contractors’ registration board of any order issued or any

determination hereunder that an employer has violated this chapter, chapter 12 of this title, or

chapter 13 of title 37. The director shall notify the tax administrator of any determination hereunder

that may affect liability for an employer’s payment of wages and/or payroll taxes.


 

 

 

294)

Section

Amended Chapter Numbers:

 

28-14-19.1

244 and 245

 

 

28-14-19.1. Misclassification of employees.

     (a) The misclassification of a worker whether performing work as a natural person,

business, corporation, or entity of any kind, as an independent contractor when the worker should

be considered and paid as an employee shall be considered a violation of this chapter.

     (b) In addition to any other relief to which any department or an aggrieved party may be

entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less

than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars

($3,000) for each misclassified employee for a first offense and up to five thousand dollars ($5,000)

for each misclassified employee for any subsequent offense, which shall be shared equally between

the department and the aggrieved party.

     (b) Upon receipt by the department of a complaint alleging misclassification of a worker

pursuant to this section, the department shall undertake an investigation using the factors consistent

with federal regulations found in the Fair Labor Standards Act., 29 U.S.C. § 201 et seq..

     (1) The department shall assign an investigatory team within the department to investigate

and screen all complaints for general analysis and validity.

     (2) As part of their investigation, the department's investigatory team may conduct field

audits of businesses to ascertain validity of complaints. In conducting these audits, the department's

investigatory team may investigate exclusively or with the assistance of the task force as established

pursuant to chapter 156 of title 42.

     (3)(i) The investigatory team shall make a determination as to whether it finds the

complaint to be just and valid, or not, and shall report those findings to the director or his/her the

director’s designee. In instances where the department's investigatory team deems a complaint is

just and valid, and so reports, the alleged civil violation shall be adjudicated pursuant to the

provisions of § 28-14-19 and this section.

     (ii) In addition, in the event the investigatory team determines that an employer has

misclassified an employee, the investigatory team shall report the matter to the director or designee

with a recommendation that the matter be referred to the department of the attorney general for

criminal prosecution. The investigatory team may include any specific, documented extenuating

circumstances that the investigatory team believes would mitigate against a criminal prosecution.

The director or designee shall review the investigatory team's findings and consider its

recommendations. The director or designee shall forward the matter to the department of the

attorney general along with the director's or designee's recommendations as to whether to prosecute

the matter criminally or not, along with any specific, documented extenuating circumstances that

the director or designee believes would mitigate against a criminal prosecution.

     (iii) (A) If the director or designee receives information indicating that any person has

violated this chapter, the director or designee may investigate the matter and issue an order to show

cause why the person should not be found in violation of this chapter.

     (B) A person served with an order to show cause shall have a period of twenty (20) days

from the date the order is served to file an answer in writing.

     (C) If the person fails to file a timely and adequate answer to the order to show cause, the

director or designee may, following notice and hearing, do any of the following:

     (I) Petition a court of competent jurisdiction to issue a stop-work order as provided in this

section; or

     (II) Immediately assess penalties as provided for in this section.

     (D) If, subsequent to issuing an order to show cause under this section, the director or

designee finds probable cause that an employer has committed a criminal violation of this chapter,

the director or designee shall refer the matter to the department of the attorney general for

investigation or impose administrative penalties provided for under this section.

     (E) A party that does not meet the definition of an "employer" in § 28-14-1, but which

party intentionally contracts with an employer knowing the employer intends to misclassify

employees in violation of this chapter, shall be subject to the same penalties, remedies, or other

actions as the employer found to be in violation of this chapter.

     (iv) Provided, the decision whether to prosecute a violation of this section as a criminal

matter shall be made by the attorney general. In making this decision, the attorney general shall

review and consider all recommendations and materials forwarded by the director or designee

pursuant to this section.

     (c) In determining the amount of any penalty imposed under this section, the director, or

his or her the director’s designee, shall consider the size of the employer’s business; the good faith

of the employer; the gravity of the violation; the history of previous violations; and whether or not

the violation was an innocent mistake or willful.

     (d) A civil violation of this section may be adjudicated under § 28-14-19 and consolidated

with any labor standards violation or under §§ 37-13-14.1 and 37-13-15 and consolidated with any

prevailing wage violation.

     (e) A violation of this section may be brought or adjudicated by any division of the

department of labor and training.

     (f) The department shall notify the contractors’ registration board and the tax administrator

of any violation of this section.

     (g) In addition to any other relief to which the department or an aggrieved party may be

entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less

than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars

($3,000) for each misclassified employee for a first offense and up to five thousand dollars ($5,000)

for each misclassified employee for any subsequent offense, which shall be shared equally between

the department and the aggrieved party.

     (h) As it relates to the construction industry, all provisions of § 28-14-19.1 shall apply.

     (i) Any employer who knowingly and willfully violates this section regarding

misclassification of an employee in the construction industry shall be subject to the following

penalties:

     (1) Where the value does not exceed one thousand five hundred dollars ($1,500), upon a

plea or a conviction, shall be guilty of a misdemeanor and be subject to imprisonment for a term

not exceeding one year, or a fine of up to one thousand dollars ($1,000), or both;

     (2)(i) Any employer who knowingly and willfully violates this section after having been

previously adjudicated for a violation either by plea or conviction of this section and where the

value exceeds one thousand five hundred dollars ($1,500) shall be guilty of a felony and sentenced

to a term of imprisonment not to exceed three (3) years, or a fine of not more than five thousand

dollars ($5,000) or both.

     (j)(1) The director of the department of labor and training shall, on or before December 31,

2024, and annually thereafter on or before December 31, file a report (the "report") with the

governor, the speaker of the house, and the president of the senate. This report shall provide

information on the status, progress, and recommendations, if any, as well as the information and

data set forth in § 28-14-19.1(i) subsection (j)(2) of this section, regarding the legislative

initiatives set forth in this chapter.

     (2) The data included in the report required by this subsection (j) of this section shall

include, but not be limited to, the following for the time period covered by the report:

     (i) Number of complaints filed with the department for wage theft and misclassification of

employees ("complaints");

     (ii) Number of complaints found by the department to be actionable;

     (iii) Number of complaints referred by the department to the department of the attorney

general;

     (iv) Number of complaints that are handled administratively or civilly by the department

of labor and training, both the aggregate number and also disaggregated by the resolution or

outcome of those complaints, including those settled, dismissed for finding no violation,

adjudicated, and, if appealed, the results of those appeals, as well as the number of pending matters;

and

     (v) Of the complaints referred to the department of the attorney general, a disaggregation

of the complaints by resolution or outcome of those complaints, including those settled, dismissed

for finding no violation, adjudicated, and, if appealed, the results of those appeals, as well as the

number of pending matters. The department of the attorney general shall assist the department of

labor and training in obtaining this data.

     (k) The attorney general shall, on or before December 31, 2024, and annually thereafter on

or before December 31, file a report (the "attorney general report") with the governor, the speaker

of the house, and the president of the senate. The data included in the attorney general report

required by this subsection (k) of this section shall include, but not be limited to, the following for

the time period covered by the attorney general report:

     (1) The number of complaints referred to the attorney general for wage theft and

misclassification of employees ("wage theft complaints");

     (2) The number of civil and criminal wage theft complaints filed by the attorney general

for and arising out of wage theft and misclassification of employees;

     (3) A disaggregation of the wage theft complaints by resolution or outcome of those wage

theft complaints, including those handled by plea agreement, by conviction, by a finding of not

guilty, or other disposition;

     (4) The number of such cases that are appealed, and the results of those appeals which that

have reached disposition;

     (5) The number of cases pending both before the trial court and on appeal; and

     (6) Such other information, findings, and recommendations as the attorney general

determines to be appropriate to address the legislative initiatives set forth in this chapter.


 

 

295)

Section

Amended Chapter Numbers:

 

28-29-17.1

242 and 243

 

 

28-29-17.1. Notice of designation as independent contractor.

     (a) A person will not be considered an “independent contractor” unless that person files a

notice of designation with the director, consistent with rules and regulations established by the

director, in writing, on a form or on a form capable of being filed electronically provided by the

director, that the person is an “independent contractor”. A person shall be required to file the form

annually, regardless of how many forms are filed. The filing of the notice of designation shall be a

presumption of “independent contractor” status but shall not preclude a finding of independent

contractor status by the court when the notice is not filed with the director. That designation shall

continue in force and effect unless the person withdraws that designation by filing a notice with the

director, in writing, on a form provided by the director, that the person is no longer an “independent

contractor”. Any designation or withdrawal of designation form shall be deemed public information

and the director shall furnish copies or make available electronically the forms and designations,

upon written request, to any employer or insurer or its authorized representative.

     (b) The workers’ compensation court may, upon petition of an employee, the dependents

of a deceased employee, or any other party in interest at any time, vacate any “notice of

designation” if the “notice of designation” has been improperly procured.

     (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries

occurring on and after January 1, 2001.

     (d) By April 1 of each year, the department of labor and training will send a list of all

individuals who have filed a designation form to the Rhode Island department of taxation.


 

 

 

296)

Section

Amended Chapter Numbers:

 

28-33-5

205 and 206

 

 

28-33-5. Medical services provided by employer.

     The employer shall, subject to the choice of the employee as provided in § 28-33-8,

promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other

attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such

period as is necessary, in order to cure, rehabilitate, or relieve the employee from the effects of the

employee’s injury; provided, that no fee for major surgery shall be paid unless permission for it is

first obtained from the workers’ compensation court, the employer, or the insurance carrier

involved, except where compliance with it may prove fatal or detrimental to the employee.

Irrespective of the date of injury, the liability of the employer for hospital service rendered under

this section to the injured employee shall be the cost to the hospital of rendering the service at the

time the service is rendered. The director, after consultations with representatives of hospitals,

employers, and insurance companies, shall establish administrative procedures regarding the

furnishing and filing of data and the time and method of billing and may accept as representing the

costs for both routine and special services to patients, costs as computed for the federal Medicare

program. Each hospital licensed under chapter 17 of title 23 that renders services to injured

employees under the workers’ compensation act, chapters 29 — 38 of this title, shall submit and

certify to the director, in accordance with requirements of the administrative procedures established

by him or her, its costs for those services. The employer shall also provide all medical, optical,

dental, and surgical appliances and apparatus required to cure or relieve the employee from the

effects of the injury, including, but not limited to, the following: ambulance and nursing service,

eyeglasses, dentures, braces and supports, artificial limbs, crutches, and other similar appliances;

provided, that the employer shall not be liable to pay for or provide hearing aids or other

amplification devices.


 

 

 

297)

Section

Amended Chapter Numbers:

 

28-33-17.1

205 and 206

 

 

28-33-17.1. Employees not entitled to compensation.

     (a) An employee shall not be entitled to compensation under chapters 29 — 38 of this title

for any period during which the employee was gainfully employed or found capable of gainful

employment at an average weekly wage equal to or in excess of the pre-injury average weekly

wage, exclusive of overtime, that he or she the employee was earning at the time of his or her the

employee’s injury, notwithstanding an existing agreement or decree to the contrary.

     (b) In the event that any employer or insurer makes payment of compensation benefits to

an employee for any period during which the employee was not entitled to be paid in accordance

with subsection (a) of this section, or in the event that an overpayment of weekly benefits was paid,

the employer shall be entitled to credit for any payment of compensation made during that period

of employment against future compensation benefits and/or specific compensation benefits

pursuant to § 28-33-19 payable directly to the employee, as agreed to by the parties, or determined

by the court.

     (c) An employee shall also not be entitled to compensation under chapters 29 — 38 of this

title for any period during which the employee was imprisoned as a result of a conviction of a

criminal offense. Where the disposition of criminal charges results in a conviction and includes

credit for time-served, such that the time served becomes a period served as the result of a

conviction, the employee shall not be entitled to compensation for that period. If payments were

made to the employee for that period, prior to the disposition of the charges, the employer/insurer

shall be entitled to a credit for the payments as against any future entitlement to benefits.


 

 

 

298)

Section

Amended Chapter Numbers:

 

28-33-19

205 and 206

 

 

28-33-19. Additional compensation for specific injuries.

     (a)(1) In case of the following specified injuries there shall be paid in addition to all other

compensation provided for in chapters 29 — 38 of this title a weekly payment equal to one-half

(½) of the average weekly earnings of the injured employee, but in no case more than ninety dollars

($90.00) nor less than forty-five dollars ($45.00) per week. In case of the following specified

injuries that occur on or after January 1, 2012, there shall be paid in addition to all other

compensation provided for in chapters 29 — 38 of this title a weekly payment equal to one-half

(½) of the average weekly earnings of the injured employee, but in no case more than one hundred

eighty dollars ($180) nor less than ninety dollars ($90.00) per week. Payment made under this

section shall be made in a one-time payment unless the parties otherwise agree. Payment shall be

mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties:

     (i) For the loss by severance of both hands at or above the wrist, or for the loss of the arm

at or above the elbow or for the loss of the leg at or above the knee, or both feet at or above the

ankle, or of one hand and one foot, or the entire and irrecoverable loss of the sight of both eyes, or

the reduction to one-tenth (1/10) or less of normal vision with glasses, for a period of three hundred

twelve (312) weeks; provided, that for the purpose of this chapter the Snellen chart reading (20/200)

shall equal one-tenth (1/10) of normal vision or a reduction of ninety percent (90%) of the vision.

Additionally, any loss of visual performance including, but not limited to, loss of binocular vision,

other than direct visual acuity may be considered in evaluating eye loss;

     (ii) For the loss by severance of either arm at or above the elbow, or of either leg at or

above the knee, for a period of three hundred twelve (312) weeks;

     (iii) For the loss by severance of either hand at or above the wrist for a period of two

hundred forty-four (244) weeks;

     (iv) For the entire and irrecoverable loss of sight of either eye, or the reduction to one-tenth

(1/10) or less of normal vision with glasses, or for loss of binocular vision for a period of one hundred

sixty (160) weeks;

     (v) For the loss by severance of either foot at or above the ankle, for a period of two hundred

five (205) weeks;

     (vi) For the loss by severance of the entire distal phalange of either thumb for a period of

thirty-five (35) weeks; and for the loss by severance at or above the second joint of either thumb,

for a period of seventy-five (75) weeks;

     (vii) For the loss by severance of one phalange of either index finger, for a period of twenty-

five (25) weeks; for the loss by severance of at least two (2) phalanges of either index finger, for a

period of thirty-two (32) weeks; for the loss by severance of at least three (3) phalanges of either

index finger, for a period of forty-six (46) weeks;

     (viii) For the loss by severance of one phalange of the second finger of either hand, for a

period of sixteen (16) weeks; for the loss by severance of two (2) phalanges of the second finger of

either hand, for a period of twenty-two (22) weeks; for the loss by severance of three (3) phalanges

of the second finger on either hand, for a period of thirty (30) weeks;

     (ix) For the loss by severance of one phalange of the third finger of either hand, for a period

of twelve (12) weeks; for the loss by severance of two (2) phalanges of the third finger of either

hand, for a period of eighteen (18) weeks; for the loss by severance of three (3) phalanges of a third

finger of either hand, for a period of twenty-five (25) weeks;

     (x) For the loss by severance of one phalange of the fourth finger of either hand, for a

period of ten (10) weeks; for the loss by severance of two (2) phalanges of the fourth finger of

either hand, for a period of fourteen (14) weeks; for the loss by severance of three (3) phalanges of

a fourth finger of either hand, for a period of twenty (20) weeks;

     (xi) For the loss by severance of one phalange of the big toe on either foot, for a period of

twenty (20) weeks; for the loss by severance of two (2) phalanges of the big toe of either foot, for

a period of thirty-eight (38) weeks; for the loss by severance at or above the distal joint of any other

toe than the big toe, for a period of ten (10) weeks for each such toe;

     (xii) For partial loss by severance for any of the injuries specified in paragraphs (1)(i) —

(1)(xi) of this subsection, proportionate benefits shall be paid for the period of time that the partial

loss by severance bears to the total loss by severance.

     (2) Where any bodily member or portion of it has been rendered permanently stiff or

useless, compensation in accordance with the above schedule shall be paid as if the member or

portion of it had been completely severed; provided, that if the stiffness or uselessness is less than

total, then compensation shall be paid for that period of weeks in proportion to the applicable period

where the member or portion of it has been completely severed as the instant percentage of stiffness

or uselessness bears to the total stiffness or total uselessness of the bodily members or portion of

them.

     (3) In case of the following specified injuries there shall be paid in addition to all other

compensation provided for in chapters 29 — 38 under this title a weekly payment equal to one-half

(1/2) of the average weekly earnings of the injured employee, but in no case more than ninety dollars

($90.00) nor less than forty-five dollars ($45.00) per week. Payment under this subsection shall be

made in a one-time payment unless the parties otherwise agree. Payment shall be mailed within

fourteen (14) days of the entry of a decree, order, or agreement of the parties:

     (i) For permanent disfigurement of the body the number of weeks may not exceed five

hundred (500) weeks, which sum shall be payable in a one-time payment within fourteen (14) days

of the entry of a decree, order, or agreement of the parties in addition to all other sums under this

section wherever it is applicable.

     (4)(i) Loss of hearing due to industrial noise is recognized as an occupational disease for

purposes of chapters 29 — 38 of this title and occupational deafness is defined to be a loss of

hearing in one or both ears due to prolonged exposure to harmful noise in employment. Harmful

noise means sound capable of producing occupational deafness.

     (ii) Hearing loss shall be evaluated pursuant to protocols established by the workers’

compensation medical advisory board. All treatment consistent with this subsection shall be

consistent with the protocols established by the workers’ compensation medical advisory board

subject to § 28-33-5.

     (iii) If the employer has conducted baseline screenings within one (1) year of exposure to

harmful noise to evaluate the extent of an employee’s preexisting hearing loss, the causative factor

shall be apportioned based on the employee’s preexisting hearing loss and subsequent occupational

hearing loss, and the compensation payable to the employee shall only be that portion of the

compensation related to the present work-related exposure.

     (iv) There shall be payable as permanent partial disability for total occupational deafness

of one ear, seventy-five (75) weeks of compensation; for total occupational deafness of both ears,

two hundred forty-four (244) weeks of compensation; for partial occupational deafness in one or

both ears, compensation shall be paid for any periods that are proportionate to the relation that the

hearing loss bears to the amount provided in this subdivision for total loss of hearing in one or both

ears, as the case may be. For the complete loss of hearing for either ear due to external trauma or

by other mechanism, acuity loss shall be paid pursuant to this subsection.

     (v) No benefits shall be granted for tinnitus, psychogenic hearing loss, congenital hearing

loss, recruitment, or hearing loss above three thousand (3,000) hertz.

     (vi) The provisions of this subsection and the amendments insofar as applicable to hearing

loss shall be operative as to any occupational hearing loss that occurs on or after September 1, 2003,

except for acuity hearing loss related to a single event which shall become effective upon passage.

     (vii) If previous hearing loss, whether occupational or not, is established by an audiometric

examination or other competent evidence, whether or not the employee was exposed to assessable

noise exposure within one year preceding the test, the employer is not liable for the previous loss,

nor is the employer liable for a loss for which compensation has previously been paid or awarded.

The employer is liable only for the difference between the percent of occupational hearing loss

determined as of the date of the audiometric examination conducted by a certified audiometric

technician using an audiometer which meets the specifications established by the American

National Standards Institute (ANSI 3.6-1969, ri973) used to determine occupational hearing loss

and the percentage of loss established by the baseline audiometric examination. An amount paid to

an employee for occupational hearing loss by any other employer shall be credited against

compensation payable by the subject employer for the hearing loss. The employee shall not receive

in the aggregate greater compensation from all employers for occupational hearing loss than that

provided in this section for total occupational hearing loss. A payment shall not be paid to an

employee unless the employee has worked in excessive noise exposure employment for a total

period of at least one hundred eighty (180) days for the employer for whom compensation is

claimed.

     (viii) No claim for occupational deafness may be filed until six (6) months’ separation from

the type of noisy work for the last employer in whose employment the employee was at any time

during the employment exposed to harmful noise.

     (ix) The total compensation due for hearing loss is recovered from the employer who last

employed the employee in whose employment the employee was last exposed to harmful noise and

the insurance carrier, if any, on the risk when the employee was last so exposed, and if the

occupational hearing loss was contracted while the employee was in the employment of a prior

employer, and there was no baseline testing by the last employer, the employer and insurance

carrier that is made liable for the total compensation as provided by this section may petition the

workers’ compensation court for an apportionment of the compensation among the several

employers that since the contraction of the hearing loss have employed the employee in a noisy

environment.

     (b) Where payments are required to be made under more than one clause of this section,

payments shall be made in a one-time payment unless the parties otherwise agree. Payment shall

be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties and

a penalty of one hundred dollars ($100) shall be assessed for every day that the payment is

delinquent.

     (c) Payments pursuant to this section, except paragraph (a)(3)(i) of this section, shall be

made only after an employee’s condition as relates to loss of use has reached maximum medical

improvement as defined in § 28-29-2 and as found pursuant to § 28-33-18(b).


 

 

 

299)

Section

Amended Chapter Numbers:

 

28-42-3

146 and 147

 

 

28-42-3. Definitions.

     The following words and phrases, as used in chapters 42 — 44 of this title, have the

following meanings unless the context clearly requires otherwise:

     (1) “Administration account” means the employment security administration account

established by this chapter.

     (2) “Average weekly wage” means the amount determined by dividing the individual’s

total wages earned for service performed in employment within the individual’s base period by the

number of that individual’s credit weeks within the individual’s base period.

     (3) “Base period,” with respect to an individual’s benefit year, means the first four (4), of

the most recently completed five (5) calendar quarters immediately preceding the first day of an

individual’s benefit year. For any individual’s benefit year, and for any individual deemed

monetarily ineligible for benefits for the “base period” as defined in this subdivision, the

department shall make a re-determination of entitlement based upon the alternate base period that

consists of the last four (4) completed calendar quarters immediately preceding the first day of the

claimant’s benefit year. Notwithstanding anything contained to the contrary in this subdivision, the

base period shall not include any calendar quarter previously used to establish a valid claim for

benefits; provided, that notwithstanding any provision of chapters 42 — 44 of this title to the

contrary, for the benefit years beginning on or after October 4, 1992, whenever an individual who

has received workers’ compensation benefits is entitled to reinstatement under § 28-33-47, but the

position to which reinstatement is sought does not exist or is not available, the individual’s base

period shall be determined as if the individual filed for benefits on the date of the injury.

     (4) “Benefit” means the money payable to an individual as compensation for the

individual’s wage losses due to unemployment as provided in these chapters.

     (5) “Benefit credits” means the total amount of money payable to an individual as benefits,

as determined by § 28-44-9.

     (6) “Benefit rate” means the money payable to an individual as compensation, as provided

in chapters 42 — 44 of this title, for the individual’s wage losses with respect to any week of total

unemployment.

     (7) “Benefit year,” with respect to any individual who does not already have a benefit year

in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks,

the first of which shall be the week containing the day as of which he or she first files a valid claim

in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year

shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any

quarter of the base period of a prior new claim previously filed by the individual. In no event shall

a new benefit year begin prior to the Sunday next following the end of the old benefit year.

     (8) “Calendar quarter” means the period of three (3) consecutive calendar months ending

March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with

regulations as subsequently prescribed.

     (9) “Contributions” means the money payments to the state employment security fund

required by those chapters.

     (10) “Credit amount,” effective July 6, 2014, means earnings by the individual in an

amount equal to at least eight (8) times the individual’s weekly benefit rate;

     (11) “Credit week,” prior to July 1, 2012, means any week within an individual’s base

period in which that individual earned wages amounting to at least twenty (20) times the minimum

hourly wage as defined in chapter 12 of this title for performing services in employment for one or

more employers subject to chapters 42 — 44 of this title, and for the period July 1, 2012, through

July 5, 2014, means any week within an individual’s base period in which that individual earned

wages amounting to at least the individual’s weekly benefit rate for performing services in

employment for one or more employers subject to chapters 42 — 44 of this title.

     (12) “Crew leader,” for the purpose of subdivision (19) of this section, means an individual

who:

     (i) Furnishes individuals to perform service in agricultural labor for any other person;

     (ii) Pays (either on the crew leader’s own behalf or on behalf of that other person) the

individuals so furnished by the crew leader for the service in agricultural labor performed by them;

and

     (iii) Has not entered into a written agreement with that other person (farm operator) under

which that individual (crew leader) is designated as an employee of that other person (farm

operator).

     (13) “Director” means the head of the department of labor and training or the director’s

authorized representative.

     (14) “Domestic service employment.” “Employment” includes domestic service in a

private home performed for a person who paid cash remuneration of one thousand dollars ($1,000)

or more in any calendar quarter in the current calendar year, or the preceding calendar year, to

individuals employed in that domestic service.

     (15) “Employee” means any person who is, or has been, employed by an employer subject

to those chapters and in employment subject to those chapters.

     (16) “Employer” means:

     (i) Any employing unit that was an employer as of December 31, 1955;

     (ii) Any employing unit that for some portion of a day on and after January 1, 1956, has,

or had, in employment, within any calendar year, one or more individuals; except, however, for

“domestic service employment,” as defined in subdivision (14) of this section;

     (iii) For the effective period of its election pursuant to § 28-42-12, any other employing

unit that has elected to become subject to chapters 42 — 44 of this title; or

     (iv) Any employing unit not an employer by reason of any other paragraph of this

subdivision for which, within either the current or preceding calendar year, service is, or was,

performed with respect to which that employing unit is liable for any federal tax against which

credit may be taken for contributions required to be paid into this state’s employment security fund;

or which, as a condition for approval of chapters 42 — 44 of this title for full tax credit against the

tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant

to that act, to be an “employer” under chapters 42 — 44 of this title.

     (17) “Employing unit” means any person, partnership, association, trust, estate, or

corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver,

or trustee, or the legal representative of a deceased person, that has, or had, in the unit’s employ,

one or more individuals. For the purposes of subdivision (14) of this section, a private home shall

be considered an employing unit only if the person for whom the domestic service was performed

paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the

current calendar year, or the preceding calendar year, to individuals employed in that domestic

service in that private home.

     (18)(i) “Employment,” subject to §§ 28-42-4 — 28-42-10, means service, including service

in interstate commerce, performed for wages, or under any contract of hire, written or oral, express

or implied; provided, that service performed shall also be deemed to constitute employment for all

the purposes of chapters 42 — 44 of this title if performed by an individual in the employ of a

nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-

42-8(7);

     (ii) Notwithstanding any other provisions of this section, “Employment” also means

service with respect to which a tax is required to be paid under any federal law imposing a tax

against which credit may be taken for contributions required to be paid into this state’s employment

security fund or which, as a condition for full tax credit against the tax imposed by the Federal

Unemployment Tax Act, is required to be covered under chapters 42 — 44 of this title;

     (iii) Employment not to include owners. Employment does not include services performed

by sole proprietors (owners), partners in a partnership, limited liability company — single member

filing as a sole proprietor with the IRS, or members of a limited liability company filing as a

partnership with the IRS.

     (19) “Employment — Crew leader.” For the purposes of subdivision (12) of this section:

     (i) Any individual who is a member of a crew furnished by a crew leader to perform service

in agricultural labor for any other person shall be treated as an employee of that crew leader if:

     (A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal

Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that

crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other

mechanized equipment that is provided by that crew leader; and

     (B) That individual is not an employee of the other person within the meaning of

subdivision (15) of this section; and

     (ii) In the case of any individual who is furnished by a crew leader to perform service in

agricultural labor for any other person and who is not treated as an employee of that crew leader:

     (A) That other person, and not the crew leader, shall be treated as the employer of that

individual; and

     (B) That other person shall be treated as having paid cash remuneration to that individual

in an amount equal to the amount of cash remuneration paid to that individual by the crew leader

(either on the crew leader’s own behalf or on behalf of that other person) for the service in

agricultural labor performed for that other person.

     (20) “Employment office” means a free, public-employment office, or its branch, operated

by the director or by this state as part of a system of free, public-employment offices, or any other

agency that the director may designate with the approval of the Social Security Administration.

     (21) “Fund” means the employment security fund established by this chapter.

     (22) “Governmental entity” means state and local governments in this state and includes

the following:

     (i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of

the state, or any of its instrumentalities;

     (ii) Any instrumentality of more than one of these entities; or

     (iii) Any instrumentality of any of these entities and one or more other states or political

subdivisions.

     (23) “Hospital” means an institution that has been licensed, certified, or approved by the

department of health as a hospital.

     (24)(i) “Institution of higher education” means an educational institution in this state that:

     (A) Admits, as regular students, only individuals having a certificate of graduation from a

high school, or the recognized equivalent of such certificate;

     (B) Is legally authorized within this state to provide a program of education beyond high

school;

     (C) Provides:

     (I) An educational program for which it awards a bachelor’s or higher degree, or a program

that is acceptable for full credit toward such a degree;

     (II) A program of post-graduate or post-doctoral studies; or

     (III) A program of training to prepare students for gainful employment in a recognized

occupation; and

     (D) Is a public or other nonprofit institution.

     (ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and

universities in this state are institutions of higher education for purposes of this section.

     (25) “Nonprofit organization” means an organization, or group of organizations, as defined

in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).

     (26)(i) “Partial unemployment.” An employee shall be deemed partially unemployed in

any week of less than full-time work if the employee fails to earn in wages for that week an amount

equal to the weekly benefit rate for total unemployment to which the employee would be entitled

if totally unemployed and eligible. For weeks beginning on or after May 23, 2021, through June

30, 2023 2025, an employee shall be deemed partially unemployed in any week of less than full-

time work if the employee fails to earn wages for that week in an amount equal to or greater than

one hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which

the employee would be entitled if totally unemployed and eligible.

     (ii) For the purposes of this subdivision and subdivision (28) of this section, “wages”

includes only that part of remuneration for any work that is in excess of one-fifth (1/5) of the weekly

benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to

which the individual would be entitled if totally unemployed and eligible in any one week, and

“services” includes only that part of any work for which remuneration in excess of one-fifth (1/5)

of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week is payable; provided, that nothing contained in this paragraph shall permit any individual to

whom remuneration is payable for any work performed in any week in an amount equal to or greater

than his or her weekly benefit rate to receive benefits under this subdivision for that week.

     (iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through

June 30, 2023 2025, “wages” includes only that part of remuneration for any work that is in excess

of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower

multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and

eligible in any one week, and “services” includes only that part of any work for which remuneration

in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the

next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally

unemployed and eligible in any one week is payable. Provided, that, during the period defined in

this subdivision, nothing contained in this subdivision shall permit any individual to whom

remuneration is payable for any work performed in any week in an amount equal to or greater than

one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this

subdivision for that week.

     (iv) Notwithstanding anything contained to the contrary in this subdivision, “services,” as

used in this subdivision and in subdivision (28) of this section, does not include services rendered

by an individual under the exclusive supervision of any agency of this state, or any of its political

subdivisions, by which the services are required solely for the purpose of affording relief, support,

or assistance to needy individuals performing those services, or services performed by members of

the national guard and organized reserves in carrying out their duties in weekly drills as members

of those organizations. “Wages,” as used in this subdivision and in subdivision (28) of this section,

does not include either remuneration received by needy individuals for rendering the

aforementioned services when that remuneration is paid exclusively from funds made available for

that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration

received from the federal government by members of the national guard and organized reserves, as

drill pay, including longevity pay and allowances.

     (27) “Payroll” means the total amount of all wages paid by the employer to the employer’s

employees for employment.

     (28) “Total unemployment.” An individual shall be deemed totally unemployed in any

week in which the individual performs no services (as used in subdivision (26) of this section) and

for which the individual earns no wages (as used in subdivision (26) of this section), and in which

the individual cannot reasonably return to any self-employment in which the individual has

customarily been engaged.

     (29) “Wages” means all remuneration paid for personal services on or after January 1,

1940, including commissions and bonuses and the cash value of all remuneration paid in any

medium other than cash, and all other remuneration that is subject to a tax under a federal law

imposing a tax against which credit may be taken for contributions required to be paid into a state

unemployment fund. Gratuities customarily received by an individual in the course of the

individual’s employment from persons other than the individual’s employing unit shall be treated

as wages paid by the individual’s employing unit. The reasonable cash value of remuneration paid

in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and

determined in accordance with rules prescribed by the director; except that for the purpose of this

subdivision and of §§ 28-43-1 — 28-43-8.1, 28-43-8.2 [repealed], 28-43-8.3, 28-43-8.4 [repealed],

28-43-8.5 — 28-43-8.10, 28-43-11 [repealed], and 28-43-12 — 28-43-14, this term does not

include:

     (i) That part of remuneration that is paid by an employer to an individual with respect to

employment during any calendar year, after remuneration equal to the amount of the taxable wage

base as determined in accordance with § 28-43-7 has been paid during that calendar year by the

employer or the employer’s predecessor to that individual; provided, that if the definition of

“wages” as contained in the Federal Unemployment Tax Act is amended to include remuneration

in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1 —

28- 43-14, “wages” includes the remuneration as previously set forth, up to an amount equal to the

dollar limitation specified in the federal act. For the purposes of this subdivision, “employment”

includes services constituting employment under any employment security law of another state or

of the federal government;

     (ii) The amount of any payment made to, or on behalf of, an employee under a plan or

system established by an employer that makes provision for employees generally, or for a class or

classes of employees (including any amount paid by an employer or an employee for insurance or

annuities, or into a fund, to provide for any such payment), on account of:

     (A) Retirement;

     (B) Sickness or accident disability;

     (C) Medical and hospitalization expenses in connection with sickness or accident

disability; or

     (D) Death; provided, that the employee has not the:

     (I) Option to receive, instead of provision for that death benefit, any part of that payment

or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by

the individual’s employer; and

     (II) Right, under the provisions of the plan or system or policy of insurance providing for

that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit

either upon the employee’s withdrawal from the plan or system providing for that benefit or upon

termination of the plan or system or policy of insurance, or of the individual’s employment with

that employer;

     (E) The payment by an employer (without deduction from the remuneration of the

employee) of:

     (I) The tax imposed upon an employee under 26 U.S.C. § 3101; or

     (II) Any payment required from an employee under chapters 42 — 44 of this title.

     (iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit

plan organized under the Internal Revenue Code [26 U.S.C. § 125].

     (30) “Week” means the seven-day (7) calendar week beginning on Sunday at 12:01 a.m.

and ending on Saturday at 12:00 a.m. midnight.


 

 

 

300)

Section

Amended Chapter Numbers:

 

28-44-7

146 and 147

 

 

28-44-7. Partial unemployment benefits.

     For weeks beginning on or after July 1, 1983, an individual partially unemployed and

eligible in any week shall be paid sufficient benefits with respect to that week, so that the

individual’s week’s wages, rounded to the next higher multiple of one dollar ($1.00), as defined in

§ 28-42-3(26), and the individual’s benefits combined will equal in amount the weekly benefit rate

to which the individual would be entitled if totally unemployed in that week. For weeks beginning

on or after May 23, 2021, through June 30, 2023 2025, an individual partially unemployed and

eligible in any week shall be paid benefits in an amount equal to the weekly benefit rate to which

the individual would be entitled if totally unemployed in that week less any wages earned in that

week, as defined in § 28-42-3(26), and the individual’s benefits combined may not exceed in

amount one hundred and fifty percent (150%) of the individual’s weekly benefit rate.


 

 

301)

Section

Amended Chapter Numbers:

 

28-57-3

142 and 143

 

 

28-57-3. Definitions.

     As used in the chapter, the following words and terms have the following meanings:

     (1) “Care recipient” means a person for whom the employee is responsible for providing

or arranging health- or safety-related care, including, but not limited to, helping the person obtain

diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe

following domestic violence, sexual assault, or stalking.

     (2) “CCAP family childcare provider” means a childcare worker as defined in § 40-6.6-

2(2).

     (3) “Child” means a person as defined in § 28-41-34(3).

     (4) “Department” means the department of labor and training.

     (5) “Domestic partner” means a party to a civil union as defined in chapter 3.1 of title 15

or a person who meets the requirements in §§ 36-12-1(3)(i) through (3)(v) has the same meaning

as that term is defined in § 8-8.2-20.

     (6) “Domestic violence” means certain crimes when committed by one family or household

member against another as defined in § 12-29-2.

     (7) “Employee” means any person suffered or permitted to work by an employer, except

for those not considered employees as defined in § 28-12-2. Independent contractors,

subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23,

apprenticeships and interns as defined under FLSA section 3(g) and any other individuals pursuant

to the provisions of 29 U.S.C. Section § 203 et seq. (Fair Labor Standards Act) shall not be

considered to be employees for the purpose of this act.

     (8) “Employer” means any individual or entity that includes any individual, partnership,

association, corporation, business trust, or any person or group of persons acting directly or

indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but

does not include the federal government, and provided that in determining the number of employees

performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair Labor

Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be

counted.

     (9) “Family member” means a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, or domestic partner, sibling, care recipient, or member of the

employee’s household.

     (10) “Healthcare professional” means any person licensed under federal or Rhode Island

law to provide medical or emergency services, including, but not limited to: doctors, nurses, and

emergency room personnel.

     (11) “Paid sick leave time” or “paid sick and safe leave time” means time that is

compensated at the same hourly rate and with the same benefits, including healthcare benefits, as

the employee normally earns during hours worked and is provided by an employer to an employee

for the purposes described in § 28-57-6, but in no case shall the hourly wage paid leave be less than

that provided under § 28-12-3.

     (12) “Parent” means a person as defined in § 28-41-34(9) or a person as defined in § 28-

41-34(10).

     (13) “Seasonal employee” means a person as defined in 26 C.F.R. § 54.4980H-1(a)(38).

     (14) “Sexual assault” means a crime as defined in § 11-37-2, § 11-37-4 or § 11-37-6.

     (15) “Sibling” means a brother or a sister, whether related through half blood, whole blood,

or adoption, a foster sibling, or a step-sibling.

     (16) “Spouse” means a person as defined in § 28-41-34(13).

     (17) “Stalking” means a crime as described in §§ 11-59-2 and 11-52-4.2.

     (18) “Temporary employee” means any person working for, or obtaining employment

pursuant to an agreement with any employment agency, placement service, or training school or

center.

     (19) “Unpaid sick time” is time that is used for the purposes described in § 28-57-6.

     (20) “Year” means a regular and consecutive twelve-month (12) period as determined by

the employer; except that for the purposes of § 28-57-7, “year” means a calendar year.


 

 

302)

Section

Added Chapter Numbers:

 

29-2-2.1

144 and 145

 

 

29-2-2.1. Appropriations for the Rhode Island Black Heritage Society.

     The general assembly shall annually appropriate such a sum as it may deem necessary, out

of any money in the treasury not otherwise appropriated, to be expended by the state librarian for

the purpose of caring for, preserving, and cataloguing the property of the state in the keeping of the

Rhode Island Black Heritage Society, and for the purchase and binding of books relating to the

history of the state, and for copying and preserving the records of the several towns of the state,

and the state librarian, with the approval of the secretary of state, may pay this sum to the Rhode

Island Black Heritage Society for this purpose.


 

 

303)

Section

Amended Chapter Numbers:

 

29-2-4

144 and 145

 

 

29-2-4. Use of historical society libraries.

     All books, periodicals, and papers in the keeping of the Rhode Island Historical Society,

the Rhode Island Black Heritage Society, and the Newport Historical Society, shall at all reasonable

times be open to the use of all the citizens of the state, under the same conditions pertaining to the

members of the society as long as funds are provided under §§ 29-2-1, 29-2-2, 29-2-2.1, and 29-2-

3.


 

 

 

304)

Section

Amended Chapter Numbers:

 

29-2-5

144-145

 

 

29-2-5. Reports on expenditures.

     (a) The Rhode Island Historical Society, the Rhode Island Black Heritage Society, and the

Newport Historical Society, respectively, shall place on file with the state librarian annual reports

as to the manner in which the funds are expended, as long as funds are appropriated in accordance

with §§ 29-2-1, 29-2-2, and 29-2-3.

     (b) The Rhode Island Historical Society, the Rhode Island Black Heritage Society, and the

Newport Historical Society, respectively, shall submit to the general assembly and the state

librarian annually a plan for the preservation initiatives for the collections in its care. The report

shall be submitted as part of the annual report of each agency.

     (c) The Rhode Island Historical Society, the Rhode Island Black Heritage Society, and the

Newport Historical Society, respectively, shall submit to the state librarian a disaster preparedness

plan for the collection in its care on or before January 1, 1993. The plan will be maintained on file

at the state library and will be updated annually.


 

 

 

305)

Section

Amended Chapter Numbers:

 

30-24-3

63 and 64

 

 

30-24-3. Administrator — Advisory council.

     (a) The director of veterans services shall appoint an administrator for the Rhode Island

veterans’ home who shall be an honorably discharged veteran of the United States Armed Forces

the most qualified applicant who has been issued a nursing home administrator license pursuant to

chapter 45 of title 5. In reviewing the applicants, the director shall consider an applicant's military

service as a factor in the process of determining the most qualified applicant.

     (b) There shall be an advisory council for veterans’ affairs, consisting of not more than

fifteen (15) qualified electors of this state, ten (10) of whom shall be honorably discharged veterans

of the armed forces of the United States; twelve (12) of the members shall be appointed by the

governor, consisting of a member designated by each of the various state departments of the active

federally chartered veteran organizations, and the remaining member or members at large;

provided, however, that each of those departments of veteran organizations shall have, and continue

to have, at least one member on the advisory council for veterans’ affairs; and, provided further,

that one member shall be a female veteran, one member shall be a minority veteran; one member

of the house of representatives, to be appointed by the speaker of the house of representatives, and

one member from the senate, to be appointed by the president of the senate. The members of the

general assembly who shall serve on the advisory council for veterans’ affairs shall serve so long

as they are members of the general assembly. The final remaining member shall be an active

National Guard person to be appointed by the state adjutant general.


 

 

 

306)

Section

Added Chapter Numbers:

 

32-1-22

152 and 153

 

 

32-1-22. Gold Star families.

     No entrance fee shall be charged to any person who is a Gold Star family member at any

recreational facility owned and operated exclusively by the state, except for docking slips;

provided, however, proper identification is presented as prescribed by the department of

environmental management.


 

 

 

307)

Section

Amended Chapter Numbers:

 

31-1-3

207 and 224

 

 

31-1-3. Types of vehicles.

     (a)(1) “Antique motor car” means any motor vehicle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the previously

mentioned activities, but may not be used primarily for the transportation of passengers or goods

over any public highway.

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this

and other states, and may, in addition to the registration plate, retain the designation “antique” and

display an “antique plate.”

     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

the administrator, a “year of manufacture plate” for the vehicle that is an exact replica plate

designating the exact year of manufacture of the vehicle. The year of manufacture plate, as

authorized by this subsection, need only be attached to the rear of the vehicle.

     (b)(1) “Antique motorcycle” means any motorcycle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the previously

mentioned activities, but may not be used primarily for the transportation of passengers or goods

over any public highway; and

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

of this and other states, and may, in addition to the registration plate, retain the designation

“antique” and display an “antique plate.”

     (c) “Authorized emergency vehicle” means vehicles of the fire department (fire patrol);

police vehicles; vehicles of the department of corrections while in the performance of official

duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of

municipal departments or public service corporations designated or authorized by the administrator

as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer

firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as

authorized by the department chief or commander and permitted by the Rhode Island Association

of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer

Warning Light Permits.

     (d) “Automobile” means, for registration purposes, every motor vehicle carrying

passengers other than for hire.

     (e) “Bicycle” means every vehicle having two (2) tandem wheels, except scooters and

similar devices, propelled exclusively by human power, and upon which a person may ride.

     (f) “Camping recreational vehicle” means a vehicular type camping unit, certified by the

manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

quarters for recreation that has either its own motor power or is mounted on, or towed by, another

vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and

pick-up campers.

     (g) “Electric motorized bicycle” means a motorized bicycle that may be propelled by

human power or electric motor power, or by both, with an electric motor rated not more than two

(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25)

miles per hour (25 m.p.h.).

     (h) “Electric personal assistive mobility device” (“EPAMD”) is a self-balancing, non-

tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion

system that limits the maximum speed of the device to fifteen (15) miles per hour (15 m.p.h.).

     (i) “Fifth-wheel trailer”: A towable recreational vehicle, not exceeding four hundred (400)

square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism

that is mounted above or forward of the tow vehicle’s rear axle and that is eligible to be registered

for highway use.

     (j) “Hearse” means every motor vehicle used for transporting human corpses. A hearse

shall be considered an automobile for registration purposes.

     (k) “Jitney or bus” means: (1) A “public bus” that includes every motor vehicle, trailer,

semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

for hire, and operated wholly or in part upon any street or highway as a means of transportation

similar to that afforded by a street railway company, by indiscriminately receiving or discharging

passengers, or running on a regular route or over any portion of one, or between fixed termini; or

(2) A “private bus” that includes every motor vehicle other than a public bus or passenger van

designed for carrying more than ten (10) passengers and used for the transportation of persons, and

every motor vehicle other than a taxicab designed and used for the transportation of persons for

compensation.

     (l) ''Low-speed motor vehicle'' or ''low-speed vehicle'', means a motor vehicle defined in

49 C.F.R. § 571.3 as a vehicle that is four (4) wheeled, whose speed attainable in one mile is more

than twenty miles per hour (20 mph m.p.h.) and not more than twenty-five miles per hour (25 mph

m.p.h.) on a paved level surface, is electric, and whose gross vehicle weight rating is less than three

thousand pounds (3,000 lbs.). All low-speed motor vehicles shall comply with the standards

established in 49 C.F.R. § 571.500, as amended, and pursuant thereto, shall be equipped with

headlamps, front and rear turn signal lamps, tail lamps, stop lamps, an exterior mirror mounted on

the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the

vehicle or an interior mirror, a parking brake, a windshield that conforms to the federal standards

on glazing materials, a vehicle identification number that conforms to the requirements of 49 C.F.R.

pt. 565 for such numbers, a Type 1 or Type 2 seat belt assembly conforming to 49 C.F.R. § 571.209,

installed at each designated seating position, and reflex reflectors; provided, that one reflector is

red on each side as far to the rear as practicable and one reflector is red on the rear. A low-speed

motor vehicle that meets the requirements of 49 C.F.R. § 571.500, as amended, and is equipped as

herein provided, may be registered in this state, subject to inspection and insurance requirements.

     (m) “Motorcycle” means only those motor vehicles having not more than three (3) wheels

in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper

motors as defined in subsection (no) of this section.

     (m)(n) “Motor-driven cycle” means every motorcycle, including every motor scooter, with

a motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

subsection (no) of this section.

     (n)(o) “Motorized bicycles” means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed

of not more than thirty (30) miles per hour (30 m.p.h.).

     (o)(p) “Motorized camper”: A camping recreational vehicle, built on, or permanently

attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed

vehicle.

     (p)(q) “Motorized tricycles” means tricycles that may be propelled by human power or

helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of

a maximum speed of not more than thirty (30) miles per hour (30 m.p.h.).

     (q)(r) “Motorized wheelchair” means any self-propelled vehicle, designed for, and used

by, a person with a disability that is incapable of speed in excess of eight (8) miles per hour (8

m.p.h.).

     (r)(s) “Motor scooter” means a motor-driven cycle with a motor rated not more than four

and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable

of a maximum speed of not more than thirty (30) miles per hour.

     (s)(t) “Motor vehicle” means every vehicle that is self-propelled or propelled by electric

power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

(g) of this section, and motorized wheelchairs.

     (t)(u) “Motor vehicle for hire” means every motor vehicle other than jitneys, public buses,

hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

persons for compensation in any form, or motor vehicles rented for transporting persons either with

or without furnishing an operator.

     (u)(v) “Natural gas vehicle” means a vehicle operated by an engine fueled primarily by

natural gas.

     (v)(w) “Park trailer”: A camping recreational vehicle that is eligible to be registered for

highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and

(2) Certified by the manufacturer as complying with ANSI A119.5.

     (w)(x) “Passenger van” means every motor vehicle capable of carrying ten (10) to fourteen

(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

vans may be used for vanpools, transporting passengers to and from work locations, provided that

the operator receives no remuneration other than free use of the vehicle.

     (x)(y) “Pedal carriage” (also known as “quadricycles”) means a nonmotorized bicycle with

four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

transporting additional passengers in seats or on a platform made a part of or otherwise attached to

the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to

it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult

with a seat for only one operator and no passenger.

     (y)(z) “Pick-up camper”: A camping recreational vehicle consisting of a roof, floor, and

sides designed to be loaded onto and unloaded from the back of a pick-up truck.

     (z)(aa) “Rickshaw” (also known as “pedi cab”) means a nonmotorized bicycle with three

(3) wheels operated by one person for the purpose of, or capable of, transporting additional

passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

definition shall not include a bicycle built for two (2) where the operators are seated one behind the

other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed thereto,

nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability.

     (aa)(bb) “School bus” means every motor vehicle owned by a public or governmental

agency, when operated for the transportation of children to or from school; or privately owned,

when operated for compensation for the transportation of children to or from school.

     (bb)(cc) “Suburban vehicle” means every motor vehicle with a convertible or

interchangeable body or with removable seats, usable for both passenger and delivery purposes,

and including motor vehicles commonly known as station or depot wagons or any vehicle into

which access can be gained through the rear by means of a hatch or trunk and where the rear seats

can be folded down to permit the carrying of articles as well as passengers.

     (cc)(dd) “Tent trailer”: A towable recreational vehicle that is mounted on wheels and

constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

for use and that is eligible to be registered for highway use.

     (dd)(ee) “Trackless trolley coach” means every motor vehicle that is propelled by electric

power obtained from overhead trolley wires, but not operated on rails.

     (ee)(ff) “Travel trailer”: A towable recreational vehicle, not exceeding three hundred

twenty square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a

towing mechanism that is mounted behind the tow vehicle’s bumper and that is eligible to be

registered for highway use.

     (ff)(gg) “Vehicle” means every device in, upon, or by which any person or property is or

may be transported or drawn upon a highway, except devices used exclusively upon stationary rails

or tracks.


 

 

 

 

 

308)

Section

Repealed Chapter Numbers:

 

31-2-13

203 and 204

 

 

31-2-13. [Repealed]


 

 

 

 

 

309)

Section

Amended Chapter Numbers:

 

31-3-2

207 and 224

 

 

31-3-2. Vehicles subject to registration.

     Every motor vehicle, trailer, semi-trailer, pole trailer, motorized camper, tent trailer, travel

trailer, pick-up coach, and pick-up camper, owned by a resident of this state when operated or

drawn upon a highway within this state for a period of thirty (30) days, shall be subject to the

registration provisions of chapters 3 — 9 of this title except:

     (a1) Any vehicle operated upon a highway in conformance with the provisions of the

chapters relating to manufacturers, transporters, dealers, lien holders, or nonresidents;

     (b2) Any vehicle that is operated upon a highway only for the purpose of crossing the

highway but not along the highway from one property to another;

     (c3) Any farm vehicle, whether or not of a type otherwise subject to registration under this

chapter, that is only incidentally operated upon a highway. For purposes of this title, the phrase

“incidentally operated upon a highway” shall mean the operation upon a highway of a slow-moving

motor vehicle that is designed and used primarily as a farm implement for drawing plows, mowing

machines, and other implements of husbandry, between agricultural operations owned or managed

by the owner of the motor vehicle. Unless the incidental operation is only for purposes of crossing

the highway but not traveling along it, the farm vehicle engaged in the incidental operation shall

display a “Slow Moving Vehicle” emblem in a manner that complies with requirements established

by the division of motor vehicles;

     (d4) Any special mobile equipment as defined in § 31-1-9;

     (e5) Any vehicle that is propelled exclusively by electric power obtained from overhead

trolley wires, though not operated upon rails;

     (f6) Any low-speed motor vehicle or low-speed vehicle as defined in § 31-1-3.

 


 

 

 

 

 

310)

Section

Amended Chapter Numbers:

 

31-3-3

237 and 238

 

 

31-3-3. Application for registration.

     (a) Every owner of a vehicle subject to registration under this chapter shall apply to the

division of motor vehicles for the registration of it using the appropriate form or forms furnished

by the division of motor vehicles. Every application shall bear the signature of the owner written

with pen and ink and the signature shall be acknowledged by the owner before a person authorized

to administer oaths or as authorized in accordance with subsection (b) of this section and the

application shall contain:

     (1)(a) The name, city or town of bona fide residence, actual residence address, and mail

address of the owner as appearing on the owner’s motor vehicle operator’s license or state

identification card issued pursuant to the provisions of chapter 8 of title 3, or business address of

the owner if a firm, association, or if a corporation, the name of the city or town in which the vehicle

is physically and primarily housed. For purposes of this section, “physically and primarily housed”

is defined as that city or town in which the vehicle is housed for a period or periods of time greater

than in any other city or town in the state of Rhode Island. The division of motor vehicles may

substitute other indicators of residence when necessary.

     (2)(b) A description of the vehicle, including, insofar as this specified data may exist with

respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number

of the vehicle, and the engine or other number of the vehicle. In the event a vehicle is designed,

constructed, converted, or rebuilt for the transportation of property, the application shall include a

statement of its capacity in terms of maximum gross vehicle weight rating as authorized by the

manufacturer of the chassis or the complete vehicle.

     (3)(c) A statement whether liability insurance is carried on the vehicle, and, if there is

liability insurance, the name of the carrier, policy number, and effective dates of the policy.

     (4)(d) Any further information as may reasonably be required by the division of motor

vehicles to enable it to determine whether the vehicle is lawfully entitled to registration.

     (5)(e) The exact mileage reading from the motor vehicle on the date of application.

     (b) The administrator of the division of motor vehicles shall prescribe and/or approve a

limited power-of-attorney form, which may be used in connection with applications for vehicle

registrations in satisfaction of the provision of subsection (a) of this section.

     (c) The administrator of the division of motor vehicles shall promulgate rules and

regulations in order to effectuate the purpose and requirements of using a limited power of attorney

form to register a vehicle. The rules and regulations shall require that the limited power of attorney

form includes an attestation of the owner of the vehicle granting another identified person

permission to register the vehicle on behalf of the owner. The limited power of attorney shall be

witnessed and executed before a notary public an and identify the information described in

subsections (a)(1) through (a)(5) of this section.


 

 

 

 

 

311

Section

Amended Chapter Numbers:

 

31-3-11

45 and 46

 

 

31-3-11. Contents of registration plate.

     (a) Every registration plate shall have displayed upon it the registration number assigned

to the vehicle for which it is issued, the name of the state of Rhode Island along the top, which may

be abbreviated “R.I.”, and the year number for which it is issued or the date of its expiration.

Registration plates shall also have printed on them along the bottom the words, “ocean state Ocean

State”.

     (b) The provision requiring the printing of the words “ocean state” on along the bottom of

these plates shall not only pertain to commercial private passenger plates. or to plates issued to

recipients of the Purple Heart Registration plates for all other plate types shall have the plate type

printed on the plate along the bottom.


 

 

 

 

 

312)

Section

Amended Chapter Numbers:

 

31-3-31.1

280 and 318

 

 

31-3-31.1. Registration of street rods.

     (a) Definition of terms:

     (1) A “street rod” means a motor vehicle that:

     (i) Is a 1948 or older vehicle; or the vehicle was manufactured after 1948 to resemble a

vehicle manufactured before 1949; and

     (ii) Has been altered from the manufacturer’s original design; or has a body constructed

from nonoriginal materials.

     (2) The model year and the year of manufacture that are listed on the registration certificate

of title of a street rod vehicle shall be the model year and year of manufacture that the body of such

vehicle resembles.

     (b) Registration fee and application for street rods shall be as follows:

     (1) For each such street rod, there shall be a one-time pre-registration surcharge of fifty

dollars ($50.00) which said sum(s) shall be accumulated by the division of motor vehicles until

such time as said sum reaches an aggregate of twenty-three thousand dollars ($23,000) whereupon

said division is authorized to proceed with the ordering/manufacturing of plates as required by

subsection (b)(3) of this section herein. In addition thereto, and from hence forth, there shall be

paid regular registration fees required for standard passenger vehicles as determined by the division

of motor vehicles.

     (2)(i) In applying for registration of a street rod under this section, the owner of the street

rod shall submit with the application a certification that the vehicle for which the application is

made:

     (A) Will be maintained for occasional transportation, exhibitions, club activities, parades,

tours, and similar uses; and

     (B) Will not be used for general daily transportation.

     (ii) In addition to the certification required under paragraph (i) of this subsection (b)(2)(i)

of this section, when applying for registration of a street rod, the new owner of the street rod shall

provide proof acceptable to the administration that the street rod passed a safety inspection that has

been approved by the administration in consultation with the street rod community in this state.

     (3) On registration of a vehicle under this section, the administration shall issue a special

street rod vehicle registration plate of the size and design that the administration determines in

consultation with the street rod community in this state.

     (4) Unless the presence of the equipment was specifically required by a statute of this state

as a condition of sale in the year listed as the year of manufacture on the certificate of title, the

presence of any specific equipment is not required for the operation of a vehicle registered under

this section.

     (5) A vehicle registered under this section is exempt from any statute that requires periodic

vehicle inspections and from any statute that requires the use and inspection of emission controls.


 

 

 

 

 

313)

Section

Amended Chapter Numbers:

 

31-3-31.2

280 and 318

 

 

31-3-31.2. Custom vehicles — Definition — Registration and fees.

     (a) A custom vehicle means any motor vehicle that:

     (1) Is at least twenty-five (25) or more years old and of a model year after 1948; or was

manufactured to resemble a vehicle twenty-five (25) years old and of a model year after 1948; and

     (2) Has been altered from the manufacturer’s original design; or has a body constructed

from nonoriginal materials.

     (3) The model year and the year of manufacture that are listed on the certificate of title or

registration certificate of a custom vehicle shall be the model year and year of manufacture that the

body of such vehicle resembles.

     (b) For each such custom vehicle, there shall be a one-time pre-registration surcharge of

fifty dollars ($50.00) which said sum(s) shall be accumulated by the division of motor vehicles

until such time as said sum reaches an aggregate of twenty-three thousand dollars ($23,000)

whereupon said division is authorized to proceed with the ordering/manufacturing of plates as

required by subsection (d) herein. In addition thereto, and from hence forth, there shall be paid

regular registration fees required for standard passenger vehicles as determined by the division of

motor vehicles.

     (c)(1) In applying for registration of a custom vehicle under this section, the owner of the

custom vehicle shall submit with the application a certification that the vehicle for which the

application is made:

     (i) Will be maintained for occasional transportation, exhibitions, club activities, parades,

tours, and similar uses; and

     (ii) Will not be used for general daily transportation.

     (2) In addition to the certification required under paragraph (1) of this subsection

subsection (c)(1) of this section, when applying for registration of a custom vehicle, the new owner

of the custom vehicle shall provide proof acceptable to the administration that the custom vehicle

passed a safety inspection that has been approved by the administration in consultation with the

custom vehicle community in this state.

     (d) On registration of a vehicle under this section, the administration shall issue a special

custom vehicle registration plate of the size and design that the administration determines in

consultation with the custom vehicle community of this state.

     (e) Unless the presence of the equipment was specifically required by a statute of this state

as a condition of sale in the year listed as the year of manufacture on the certificate of title, the

presence of any specific equipment is not required for the operation of a vehicle registered under

this section.

     (f) A vehicle registered under this section is exempt from any statute that requires periodic

vehicle inspections and from any statute that requires the use and inspections of emission controls.

     (g) Signal lamps and devices — Street rod vehicles and custom vehicles:

     (1) “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing

a blue or purple insert that is not more than one inch in diameter.

     (2) A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning

indicator lamps, rear hazard lamps, and rear reflectors.


 

 

 

 

314)

Section

Amended Chapter Numbers:

 

31-3-46

53 and 54

 

 

31-3-46. P.O.W. plates.

     The administrator of the division of motor vehicles shall issue plates designated as “Ex-

P.O.W.” upon application on proper forms furnished by the administrator of the division of motor

vehicles to former prisoners of war (P.O.W.) of World Wars I and II, the Korean conflict, and

Vietnam conflict. The plates may be issued for any motor vehicle eligible for registration as an

automobile, or a commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs)

twelve thousand pounds (12,000 lbs.) or less. The applicant shall not be required to pay a

registration fee or service charge for the plate. Upon the death of the holder of any P.O.W. plates,

the plates shall be transferred to his or her the holder’s surviving spouse for the spouse’s lifetime

until he or she the spouse remarries.


 

 

 

 

 

315)

Section

Amended Chapter Numbers:

 

31-3-48

53 and 54

 

 

31-3-48. Plates for recipients of Purple Heart.

     (a) The administrator of the division of motor vehicles is empowered to make available to

recipients of the Purple Heart Medal up to two (2) sets of special motor vehicle registration plates

for any motor vehicle eligible for registration as an automobile or commercial vehicle having a

gross weight of twelve thousand pounds (12,000 lbs.) or less, indicating the owner as a recipient of

the Purple Heart.

     (b) The plate shall contain the words “combat wounded” across the top of the plate and

shall have an insignia for the Purple Heart and be followed by the letters “P H”, followed by a

numeral or numerals. The Purple Heart insignia may be reproduced on the plate in the color purple.

     (c) Upon the death of the holder of any Purple Heart plates, the plates shall be transferred

to his or her the holder’s surviving spouse for the spouse’s lifetime until he or she the spouse

remarries.

     (d) The applicant is not required to pay a registration fee or service charge for the plates.

     (e) Upon the death of the holder of any Purple Heart plates, if there is no surviving spouse,

a family member of the recipient may retain one of the special motor vehicle registration plates in

his or her the family member’s own keeping, provided he or she the family member does not

display the plate upon any motor vehicle or any other form of transportation owned or operated by

the family member. The other Purple Heart plate must be returned to the division of motor vehicles.

     (f) Any violation of the provisions of subsection (e) of this section shall be deemed a civil

violation, and any person displaying a special motor vehicle registration plate upon any vehicle

shall, upon conviction, be fined five hundred dollars ($500) for each offense. Each day in which

the special motor vehicle registration plate is displayed upon any vehicle shall be a separate offense

punishable by the same penalty.


 

 

 

316)

Section

Amended Chapter Numbers:

 

31-3-48.1

53 and 54

 

 

31-3-48.1. Plates for recipients of Distinguished Service Cross.

     (a) The administrator of motor vehicles is empowered to make available to recipients of

the United States Army Distinguished Service Cross medal a special motor vehicle registration

plate for any motor vehicle eligible for registration as an automobile or commercial vehicle having

a gross weight of twelve thousand pounds (12,000 lbs.) or less, indicating the owner as a recipient

of the distinguished service cross Distinguished Service Cross. The applicant shall be required to

pay a registration fee and a transfer charge of five dollars ($5.00) for the plate.

     (b) The plate shall contain the words “Distinguished Service Cross” across the top of the

plate, shall bear an insignia for the distinguished service cross, and then a numeral or numerals.

     (c) Upon the death of the holder of any “Distinguished Service Cross” plate, the plate shall

be transferred to the surviving spouse for the spouse’s lifetime or until remarriage.


 

 

317)

Section

Amended Chapter Numbers:

 

31-3-48.2

53 and 54

 

 

31-3-48.2. Plates for recipients of the Bronze Star Medal.

     (a) The administrator of the division of motor vehicles is empowered to make available to

recipients of the United States Bronze Star Medal a special motor vehicle registration plate for any

motor vehicle eligible for registration as an automobile or commercial vehicle having a gross

weight of twelve thousand pounds (12,000 lbs.) or less, indicating the owner as a recipient of the

Bronze Star Medal. The applicant shall be required to pay a registration fee and a transfer charge

of five dollars ($5.00) for the plate.

     (b) The plate shall contain the words “Bronze Star Medal” across the top of the plate, shall

bear an insignia for the Bronze Star Medal, and then a numeral or numerals.

     (c) Upon the death of the holder of any “Bronze Star Medal” plate, the plate shall be

transferred to the surviving spouse for the spouse’s lifetime or until remarriage.


 

 

318)

Section

Amended Chapter Numbers:

 

31-3-62

53 and 54

 

 

31-3-62. National Guard plates.

     (a) The administrator of the division of motor vehicles is empowered and authorized to

make available to all active and retired members of the Rhode Island army Army and air national

guard Air National Guard a special motor vehicle registration plate for any motor vehicle eligible

for registration as an automobile or a commercial vehicle having a gross weight of eight thousand-

five hundred pounds (8,500 lbs.) twelve thousand pounds (12,000 lbs.) or less.

     (b) The special motor vehicle registration plate shall carry on it the designation “National

Guard” and shall also carry on it an emblem on the left-hand side of the plate to be designed and

provided by the office of the adjutant general, with the numerals to the right of it.

     (c) The administrator of the division of motor vehicles shall issue the plate upon the

payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00)

for the plate. All revenues shall be deposited as general revenues.

     (d) For the purposes of this section an active or retired member of the Rhode Island army

Army and air national guard Air National Guard shall be defined as any person certified by the

adjutant general as currently serving or having retired under honorable conditions in either the

Rhode Island army Army or air national guard Air National Guard.

     (e) In a state of emergency, any active member of the army Army or air national guard Air

National Guard driving a vehicle bearing the special motor vehicle registration plate shall be

authorized and empowered to travel upon the highways of the state notwithstanding any driving

ban imposed by any state or municipal authority.


 

 

 

319)

Section

Amended Chapter Numbers:

 

31-3.1-4

138 and 139

 

 

31-3.1-4. Application for first certificate of title.

     (a) The application for the first certificate of title of a vehicle in this state shall be made by

the owner to the division of motor vehicles on the form it prescribes and shall contain:

     (1) The name, residence, and mailing address of the owner;

     (2) A description of the vehicle including, so far as the following data exists: its make,

model, identifying number, type of body, the number of cylinders, and whether new or used;

     (3) The date of purchase by the applicant, the name and address of the person from whom

the vehicle was acquired, and the names and addresses of any lienholders in the order of their

priority and the dates of their security agreements; and

     (4) Any further information the division reasonably requires to identify the vehicle and to

enable it to determine whether the owner is entitled to a certificate of title, and the existence or

nonexistence of security interests in the vehicle.

     (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name

and address of any lienholder holding a security interest created or reserved at the time of the sale

and the date of this security agreement and be signed by the dealer as well as the owner, and the

dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also

complete a security lien statement as provided in § 31-3.1-19.

     (c) If the application refers to a vehicle last previously registered in another state or country,

the application shall contain or be accompanied by:

     (1) Any certificate of title issued by the other state or country;

     (2) Any other information and documents the division reasonably requires to establish the

ownership of the vehicle and the existence or nonexistence of a security interest in it; and

     (3) The certificate of a person authorized by law that the identifying number of the vehicle

has been inspected and found to conform to the description given in the application, or any other

proof of the identity of the vehicle the division reasonably requires.

     (d)(1) Chiefs of police, their designees, who shall be employees of the police department,

a licensed Rhode Island new motor vehicle dealer, or, in an emergency, the administrator of the

division of motor vehicles, or his or her the administrator’s designee, shall conduct the inspection

of the vehicle identifying number, and certify, on forms provided by the division, that it has been

found to conform to the description given in the application or any other form of the identity of the

vehicle the division reasonably requires. An inspection and certification fee of ten dollars ($10.00)

shall be assessed against the applicant by the city or town whose police conduct the inspection or

by the licensed Rhode Island new motor vehicle dealer who conducts the inspection. The inspection

by the chiefs of police, or their designees, who shall be employees of the police department, shall

be conducted at the local city or town police station, at a municipally owned building, or at a

licensed new motor vehicle dealership. A licensed Rhode Island new motor vehicle dealer shall

conduct the inspection at their business location. This provision eliminates the responsibility for

the inspection to be performed by division personnel.

     (2) Upon inspection of the vehicle identifying number as provided for in this section, each

vehicle identification number shall be submitted for a National Crime Information Center (NCIC)

check, and the results, sometimes called the “NCIC check number,” shall be attached to the TR-5

form provided by the division or to any other form consistent with this provision that the division

might reasonably require. The vehicle identification number shall be submitted for a NCIC check

by the chiefs of police, or designees, who shall be employees of the police department. Ten dollars

($10.00) collected by the licensed Rhode Island new motor vehicle dealer who conducts the

inspection in subsection (d)(1) of this section shall be payable to the city or town whose police

conduct the NCIC check.

     (e) No person, partnership, or corporation shall charge a fee in excess of ten dollars

($10.00) for obtaining a certificate of title for a motor vehicle.

     (f) In the town of Exeter, the town sergeant, or designees, who shall also be employees of

the Exeter town sergeant’s office, are authorized to conduct the inspection required by this section.


 

 

 

320)

Section

Amended Chapter Numbers:

 

31-3.1-38

210 and 225

 

 

31-3.1-38. Effective dates -- Applicability.

     This chapter shall apply to all model vehicles; provided, however, that designated as 2001

models and all subsequent model year vehicles. All all vehicles designated as model years prior to

2001 shall be excluded from these provisions not be required to be issued a title certificate until

ownership is transferred or the current owner creates a security interest in the vehicle; provided,

further that, nothing herein shall prohibit the issuance of a title certificate to the current owner upon

application and payment of a fee of fifty dollars ($50.00).


 

 

 

321)

Section

Amended Chapter Numbers:

 

31-6-6

61 and 62

 

 

31-6-6. Vehicles exempt from fees.

     (a) No registration fee is required for the registration of motor-driven equipment owned by

the following:

     (1) American Legion bloodmobile;

     (2) American National Red Cross or any of its chapters within this state;

     (3) American Red Cross, Jamestown chapter ambulance;

     (4) American Red Cross, Tiverton chapter ambulance;

     (5) American Red Cross, Warwick chapter ambulances;

     (6) Animal Rescue League of Southern Rhode Island truck used for rescue work;

     (7) Burrillville Ambulance Corps ambulance;

     (8) Burrillville American Legion Post No. 17 ambulances;

     (9) Civil Air Patrol, Rhode Island wing motor vehicle equipment;

     (10) East Greenwich Ambulance Association ambulances;

     (11) East Greenwich American Legion Post No. 15 (incorporated February 20, 1933)

ambulances;

     (12) East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business

corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck

equipped with resuscitators, underwater equipment, emergency lighting units with generators, and

various other devices needed to effect rescue and save lives and property under any emergency and

used for this purpose only;

     (13) Foster Ambulance Association ambulances;

     (14) Georgiaville Volunteer Fire Company, Smithfield town ambulance;

     (15) Glocester Ambulance Corps, Inc. ambulance;

     (16) Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business

corporation, incorporated November 15, 1940) equipment;

     (17) Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks;

     (18) Hope Valley volunteer fire company ambulances;

     (19) Hope Valley volunteer fire company crash-truck;

     (20) Hospital ambulances;

     (21) Johnston Hose Company No. 1 ambulance;

     (22) Johnston Hose Company No. 3 ambulance;

     (23) Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode

Island;

     (24) Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,”

providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923,

as a charitable corporation) ambulance;

     (25) Narragansett Rescue Corps, Inc., ambulance;

     (26) North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a

charitable corporation) ambulance;

     (27) North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated

March 15, 1947, as a charitable corporation) ambulance;

     (28) North Smithfield Ambulance Association ambulances;

     (29) North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat

trailer;

     (30) Northern Lincoln Volunteer Ambulance Corps ambulance;

     (31) Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue

truck and other emergency vehicles;

     (32) Public health league or district nursing association in any city or town in this state;

     (33) Rhode Island American Legion, (incorporated January 29, 1941) first district

ambulance committee of the department ambulances;

     (34) Rhode Island Association of Retarded Citizens, Northern Rhode Island Chapter motor

vehicles used for the transportation of retarded citizens Seven Hills Rhode Island;

     (35) Rhode Island Association of Retarded Citizens, South County Chapter motor vehicles

used for the transportation of retarded children Perspectives Corporation;

     (36) Rhode Island Association for Retarded Children, Westerly-Chariho Chapter motor

vehicles to be used for the transportation of retarded children Frank Olean Center;

     (37) Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles;

     (38) Rhode Island Lions Sight Foundation, Inc., vehicle;

     (39) Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers;

     (40) Roy Carpenter’s beach volunteer fire department, Matunuck ambulance;

     (41) Salvation Army of Providence emergency canteen vehicle;

     (42) Scituate Ambulance and Rescue Corps ambulances;

     (43) South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable

corporation) ambulance;

     (44) South Foster Volunteer Fire Department No. 1 ambulances;

     (45) United States government motor vehicles;

     (46) United States government-accredited motor vehicles owned by a representative of a

foreign country;

     (47) United States mail rural free delivery driver-owned vehicles. This exemption applies

to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting

to carry the United States mail. The words “United States mail” must be plainly printed on two (2)

sides of that vehicle;

     (48) Veterans of Foreign Wars bloodmobile;

     (49) Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance;

     (50) Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town

used in transporting sick or injured patients;

     (51) Westerly Ambulance Corps boat-trailer;

     (52) Westerly Ambulance Corps crash-truck; and

     (53) Westerly Ambulance Corps ambulances.

     (b) Each owner may be required to pay the cost price of the number plates or markers

required to be displayed on its vehicle.


 

 

 

322)

Section

Amended Chapter Numbers:

 

31-6-8

53 and 54

 

 

31-6-8. Disabled veterans.

     (a) Any veteran who has been honorably discharged from the service of the armed forces

or the merchant marine Merchant Marine of the United States in any of the wars or campaigns in

which the United States has been engaged and who, while engaged in these wars or campaigns or

as a result of engagement in these wars or campaigns, by reason of amputation, has lost one or both

of his or her the veteran’s arms, hands, feet, or legs, or who, by reason of other permanent injury,

has lost the use of one or both of his or her the veteran’s arms, hands, feet, or legs, or to whom

has been granted a motor vehicle under chapter 870-2D, United States Public Laws 663, enacted

1946, 79th Congress, or has suitable documentation from the U.S. Department of Veterans Affairs

to establish that the veteran:

     (1) Has a combined service connected disability rating of one hundred percent (100%); or

     (2) Is considered “individually unemployable” due to his or her the veteran’s service-

connected disability, shall be exempt from the payment of any fee for the annual registration of and

a license to operate that motor vehicle.

     (b) The administrator for the division of motor vehicles shall issue to an eligible veteran

for use on an automobile, or on a commercial vehicle having a gross weight of six thousand three

hundred pounds (6,300 lbs.) twelve thousand pounds (12,000 lbs.) or less, registration plates

designated “Disabled Veteran.” Upon the death of the holder of “Disabled Veteran” plates, the

plates may be transferred to his or her the veteran’s surviving spouse for his or her the spouse’s

lifetime or until he or she the spouse remarries. Only one set of “Disabled Veteran” plates shall

be issued to an eligible veteran and only after certification of eligibility from the Veterans’

Administration or other satisfactory documentation of eligibility is presented.


 

 

 

323)

Section

Amended Chapter Numbers:

 

31-10-19

115 and 116

 

 

31-10-19. Driver education — Traffic safety education. [Contingent amendment; see

other version.]

     (a) The community college of Rhode Island shall provide thirty-three (33) hours of

classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years

of age for a limited instruction permit or license. The instruction shall include eight (8) hours,

specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall

be given by a person eligible for a teacher’s certificate issued under the authority of the state board

of regents and which course of instruction shall be approved by the board of governors for higher

education. In case of emergency, the president of the community college of Rhode Island may

declare, when no certified instructor is available to teach, an individual eligible to teach at the

community college of Rhode Island who has taken the required course of instruction in driver

education, may provide driver education instruction. All driver education programs shall include

information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and

information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The

board of governors for higher education shall ensure that each person properly certified and

approved to instruct driver education courses shall be given an equal opportunity for employment

as an instructor within the driver education program. No person teaching driver education under

this section shall own, be employed by, or be associated with a commercial driving school.

     (b) Driver education instruction shall be available to any eligible resident applicant not less

than fifteen (15) years and ten (10) months of age.

     (c) That the state shall also provide a separate program of instruction, as previously set

forth in this section, for special needs students whose individual education plan (IEP) indicates a

need for a separate program of instruction.

     (d) The community college of Rhode Island shall provide a driver training program for

physically handicapped drivers. The program shall instruct the physically handicapped driver in

the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by

the handicapped individual. A physically handicapped person must be certified by a licensed

physician that he or she is physically handicapped and possesses sufficient potential to become a

competent motor vehicle operator. The community college of Rhode Island shall establish a tuition

fee sufficient to cover the cost of the program.

     (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in

accordance with rules and regulations of the board of governors for higher education; provided,

that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The

tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any

and all costs associated with the driver education program at the community college of Rhode

Island and administered by the community college of Rhode Island.

     (f) The board of governors for higher education is authorized to establish administrative

regulations to further implement this section.

     (g) The community college of Rhode Island shall establish tuition fees sufficient to cover

the cost of the program and the administration of the driver education program. All positions

established to implement the driver education program and funded in full by driver education

program fees shall be exempt from the full-time equivalency cap established in Article 1 of the

Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004,

the actual number of filled positions funded exclusively by driver education fees to the chairperson

of the house finance committee, the chairperson of the senate finance committee, and the state

budget officer.

     (h) The board of governors for higher education shall provide for an optional and voluntary

course of instruction for the applicant’s parent, guardian, or designee where applicable, on the

content of the driver education curriculum and the requirements for the graduated licensing for

persons under the age of eighteen (18) as contained in § 31-10-6. The community college of Rhode

Island shall be responsible to develop the course of instruction and content for the parent

instruction, or may approve a similar course of instruction, such as AAA’s course, as equivalent to

it, and shall promulgate regulations and establish the appropriate method of providing the

instruction.

     (i) Dangers of distracted driving, including, but not limited to, use of cell phones would be

included in this section curriculum and included in all testing as part of the state’s driver’s license

examination.

     (j) Included in the classroom instruction shall be curriculum related to the dangers of

marijuana-impaired driving such as the course provided by AAA or similar equivalent.

     (k) The curriculum required by subsection (j) of this section shall become effective upon

the effective date of this subsection and shall only be implemented upon the approval of the course

 


 

 

 

 

 

 

 

324)

Section

Amended Chapter Numbers:

 

31-10-19

115 and 116

 

 

31-10-19. Driver education — Traffic safety education. [Contingent effective date; see

note.]

     (a) The community college of Rhode Island shall provide thirty-three (33) hours of

classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years

of age, for a limited-instruction permit or license. The instruction shall include eight (8) hours,

specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall

be given by a person eligible for a teacher’s certificate issued under the authority of the state board

of education and which course of instruction shall be approved by the state board of education. In

case of emergency, the president of the community college of Rhode Island may declare, when no

certified instructor is available to teach, that an individual eligible to teach at the community college

of Rhode Island, who has taken the required course of instruction in driver education, may provide

driver education instruction. All driver education programs shall include information concerning

the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor

cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The state board of education

shall ensure that each person properly certified and approved to instruct driver education courses

shall be given an equal opportunity for employment as an instructor within the driver education

program. No person teaching driver education under this section shall own, be employed by, or be

associated with a commercial driving school.

     (b) Driver education instruction shall be available to any eligible resident applicant not less

than fifteen (15) years and ten (10) months of age.

     (c) That the state shall also provide a separate program of instruction, as previously set

forth in this section, for special needs students whose individual education plan (IEP) indicates a

need for a separate program of instruction.

     (d) The community college of Rhode Island shall provide a driver training program for

physically handicapped drivers. The program shall instruct the physically handicapped driver in

the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by

the handicapped individual. A physically handicapped person must be certified by a licensed

physician that he or she is physically handicapped and possesses sufficient potential to become a

competent motor vehicle operator. The community college of Rhode Island shall establish a tuition

fee sufficient to cover the cost of the program.

     (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in

accordance with rules and regulations of the state board of education; provided, that personal

checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or

enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs

associated with the driver education program at the community college of Rhode Island and

administered by the community college of Rhode Island.

     (f) The state board of education is authorized to establish administrative regulations to

further implement this section.

     (g) The community college of Rhode Island shall establish tuition fees sufficient to cover

the cost of the program and the administration of the driver education program. All positions

established to implement the driver education program and funded in full by driver education

program fees shall be exempt from the full-time equivalency cap established in Article 1 of the

Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004,

the actual number of filled positions funded exclusively by driver education fees to the chairperson

of the house finance committee, the chairperson of the senate finance committee, and the state

budget officer.

     (h) Notwithstanding any other provisions of this section, the state board of education shall

provide for a required course of instruction for the applicant’s parent, guardian, or designee where

applicable, on the content of the driver education curriculum and the requirements for the graduated

licensing for persons under the age of eighteen (18) as contained in § 31-10-6. The course of

instruction shall be made available in a classroom setting at numerous locations, days, and times

throughout the state, approved by the community college of Rhode Island. All costs and expenses

associated with the course of instruction, including, but not limited to, materials, instructors, and

location fees shall be at the sole expense of the program providers. Once approved by the state

board of education, an online course of instruction shall be made available to parent(s), guardian(s),

or designee(s), where applicable, to meet the requirements of this section. Under no circumstances

shall any parent, guardian, or designee, where applicable, be required to pay any cost or fee in

association with participation in the course required by this section. Upon completion of the course

pursuant to this section, no parent, guardian, or designee shall be required to take the course more

than one time in a five-year (5) period. Parents, guardians, and designees with multiple children

having completed this course shall be deemed to have satisfied this requirement for each child in

their care applying for his or her license during the five-year (5) period. Should AAA or any other

provider cease to provide the course and no other provider exists, the community college of Rhode

Island shall not be required to provide the course of instruction nor shall it be required to pay any

of the costs associated therewith. Parents, guardians, and designees shall not be required to

complete the course prior to their child obtaining a license during any time at which a qualified

program under this section does not exist. The community college of Rhode Island shall be

responsible to develop the course of instruction and content for the parent instruction, or may

approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall

promulgate regulations and establish the appropriate method of providing the instruction. Should a

qualified program cease to exist for a period of time greater than six (6) months, the course of

instruction will not be required.

     (i) Dangers of distracted driving, including, but not limited to, use of cell phones would be

included in this section curriculum and included in all testing as part of the state’s driver’s license

examination.

     (j) Included in the classroom instruction shall be curriculum related to the dangers of

marijuana-impaired driving such as the course provided by AAA or similar equivalent.

     (k) The curriculum required by subsection (j) of this section shall become effective upon

the effective date of this subsection and shall only be implemented upon the approval of the course

by the state board of education.


 

 

 

325)

Section

Amended Chapter Numbers:

 

31-10.1

207 and 224

 

 

CHAPTER 31-10.1

SPECIAL LICENSES FOR MOTORCYCLES, MOTOR SCOOTERS, LOW-SPEED

VEHICLES AND OTHER MOTOR DRIVEN CYCLES


 

 

 

326)

Section

Amended Chapter Numbers:

 

31-10.1-1.1

211 and 226

 

 

31-10.1-1.1. Motorcycle driver education program.

     (a) The council on postsecondary education and the office of the postsecondary

commissioner shall through the Community College of Rhode Island provide:

     (1) A minimum of six (6) and up to a maximum of twenty (20) hours of classroom

instruction and/or on-the-road driver training, as determined by the council and/or the Community

College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s

license to operate two-wheeled (2) motorcycles under this chapter; and

     (2) A minimum of six (6) and up to a maximum of twenty (20) hours of classroom

instruction and/or on-the-road driver training, as determined by the council and/or the Community

College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s

license to operate three-wheeled (3) motorcycles under this chapter. Instruction shall be given by a

person eligible for a teacher’s certificate issued under the authority of the council on elementary

and secondary education and/or certified to teach motorcycle safety classes by completion of a

course of instruction recognized by the Community College of Rhode Island.

     (b) Motorcycle driver education programs shall be available to any eligible resident

applicant holding a valid Rhode Island motor vehicle operator’s license.

     (c) The council on postsecondary education shall establish any fees that are deemed

necessary to support this program.

     (d) The council on postsecondary education and the office of the postsecondary

commissioner are authorized to establish regulations to further implement this chapter.

     (e) Reasonable accommodations shall be made for persons with disabilities to fully

participate in all courses of instruction offered pursuant to this section.


 

 

 

327)

Section

Amended Chapter Numbers:

 

31-10.1-7

207 and 224

 

 

31-10.1-7. Inspection.

     Every motorcycle, motor scooter, low-speed vehicle, or motor-driven cycle shall be

inspected in accordance with the law providing for inspection of motor vehicles and shall display

a certificate of inspection as provided in chapter 38 of this title. Inspection standards for the motor

vehicles shall be established by the administrator of the division of motor vehicles. Inspection

stations shall be specially licensed to inspect motorcycles, motor scooters, and motor-driven cycles.

Certificates of inspection for these vehicles shall be clearly distinguishable from those issued to

other motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4.


 

 

 

328)

Section

Amended Chapter Numbers:

 

31-10.4

296 and 297

 

 

CHAPTER 31-10.4

Driver Privilege Cards and Permits [Effective July 1, 2023.]; State Identification Cards [Effective

January 1, 2024.]


 

 

 

329)

Section

Amended Chapter Numbers:

 

31-10.4-1

296 and 297

 

 

31-10.4-1.  Driver privilege cards and permits [Effective July 1, 2023]; State identification

cards [Effective January 1, 2024]

     (a) Upon application of any person, who otherwise meets the requirements of chapter 10

of this title, except is unable to establish legal presence in the United States, the division of motor

vehicles is authorized to issue a driver privilege card and/or driver privilege permit if the applicant

otherwise meets the requirements of chapter 10 of this title or a Rhode Island state identification

card, to any applicant, if the division of motor vehicles determines that the applicant:

     (1) Has verification from the tax administrator that the applicant either has filed a personal

income tax return as a resident with this state for the tax year preceding the date of application or

has been claimed as a dependent on a personal income tax return by an individual who has filed a

personal income tax return as a resident with this state for the tax year preceding the date of

application;

     (2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one

primary proof of identity document and one secondary proof of identity document, as defined in §

31-10.4-5;

     (3) Presents two (2) proof of residency documents, which shall mean, for purposes of this

subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be

amended from time to time; and

     (4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this

title, provided that this subsection (a)(4) shall not apply to applicants for a Rhode Island state

identification card.

     (b) Notwithstanding any other provision of law to the contrary, the administrator of the

division of motor vehicles may provide information submitted by the applicant to the tax

administrator for the sole purpose of implementing subsection (a)(1) of this section, and such

information shall be kept confidential by the tax administrator.

     (c) Rhode Island state identification cards issued under this section shall be in the formats

required by the division of motor vehicles pursuant to §§ 3-8-6 and 3-8-6.1, respectively. The

division of motor vehicles may prescribe additional formatting requirements as it deems necessary

to further the provisions of this subsection.


 

 

 

 

 

 

 

330)

Section

Amended Chapter Numbers:

 

31-10.4-2

31 and 32

 

 

31-10.4-2. Issuance of driver privilege cards and permits. [Effective July 1, 2023.]

     (a) Driver privilege cards and permits shall confer the same privileges and shall be subject

to the same provisions of this title as driver’s licenses and permits issued under chapter 10 of this

title, unless otherwise provided, and shall be subject to the following conditions and exceptions:

     (1) The front and back of a driver privilege card or permit shall be identical in appearance

to a driver’s license or permit, that is not a REAL ID credential;

     (2) An applicant for a driver privilege card or permit shall not be required to present proof

of legal presence in the United States or proof of a social security number, if the individual does

not have one;

     (3) A driver privilege card or permit shall expire on the applicant’s second birthday

following the date of its issuance;

     (4) The fee for an original driver privilege card shall be fifty dollars ($50.00) twenty-five

dollars ($25.00). Every driver privilege card renewal issued after expiration of the original driver

privilege card shall expire on the birthday of the cardholder in the fifth year following the issuance

of the driver privilege card, with the exception of any person seventy-five (75) years or older whose

driver privilege card shall expire on the birthday of the cardholder in the second year following the

issuance of the driver privilege card, and shall be renewable on or before expiration upon

application and payment of a fee of thirty dollars ($30.00). No applicant shall be required to provide

proof of compliance with § 31-10.4-1(a)(1) through (3) for a reissued, renewed, or duplicate card

or permit; and

     (5) Any information collected pursuant to this section, that is not otherwise collected by

the division of motor vehicles or required for the issuance of any other driving credential issued

pursuant to the provisions of this chapter and any information regarding restrictions in the division

of motor vehicles’ records, related to the issuance of a credential issued pursuant to this section,

shall not be considered a public record. The information shall not be released, except upon request

by the subject of the information, the parent of a minor who is the subject of the information, the

guardian of the subject of the information, or the authorized representative of the subject of the

information, or pursuant to a court order.

     (b) Applicants for a driver privilege card will not be required to comply with successful

completion of the written exam required by § 31-10-21 and the road test required by § 31-10-22 if

they can provide one of the following:

     (1) A current valid driver’s license, or one that has expired by less than five (5) years,

issued by a state or U.S. territory, whose driving records are accessible through the Problem Driver

Pointer System maintained by the National Driver Register; or

     (2) In the event the driver’s license issued by another state or U.S. territory is not available

at the time the application is made, or the driving records of the issuing state or territory are not

accessible through the Problem Driver Pointer System maintained by the National Driver Register,

a certified driving record issued less than thirty (30) days prior to application will be accepted.

     (c) Applicants under the age of eighteen (18) shall be required to comply with all of the

education and testing requirements, set forth in §§ 31-10-19 through 31-10-22, and all of the

provisions of the graduated licenses statutes, set forth in §§ 31-10-6 through 31-10-6.5.

     (d) Applicants eighteen (18) years of age and older, who do not meet the driving experience

requirement in this chapter, shall be required to comply with all testing requirements set forth in §§

31-10-21 through 31-10-22.

     (e) Unless they are in conflict with the provisions of this chapter or the context in which

they are used clearly requires a different meaning or a different definition as prescribed for a

particular section, group of sections, or provision, for purposes of this title, chapter 11.1 of title 15,

chapter 12 of title 24, and chapter 18.1 of title 39, the terms “license” and “operator’s license” shall

include the “driver privilege card”, and “permit” shall include “driver privilege permit” as defined

by this section, and all examinations, education requirements, residency requirements, penalties,

fees, and all other provisions for a license, operator’s license, or permit shall also apply to the driver

privilege card and driver privilege permit.

     (f) The driver privilege card and the driver privilege permit shall not be a valid form of

identification for official federal purposes or state voting purposes.

     (g) The applicant for a driver privilege card or the driver privilege permit shall be required

to comply with all other applicable Rhode Island laws, rules, and regulations.

     (h) A driver privilege card or a driver privilege permit shall not be used as evidence of the

holder’s citizenship or immigration status, and shall not be used as a basis for a criminal

investigation, arrest, or detention in circumstances where a person with a regular driver’s license

would not be criminally investigated, arrested, or detained. Any person aggrieved by a violation of

this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded

damages and costs, including attorneys’ fees.

     (i) It shall be a violation of chapter 112 of title 42 to discriminate against an individual

solely on the ground that they hold or present a driver privilege card or driver privilege permit,

issued under this section.


 

 

 

331)

Section

Added Chapter Numbers:

 

31-10.4-2.1

296 and 297

 

 

31-10.4-2.1. Issuance of state identification cards to individuals unable to establish

legal presence [Effective January 1, 2024.]

     (a) Effective January 1, 2024, Rhode Island state identification cards issued pursuant to §

31-10.4-1, shall confer the same privileges and shall be subject to the same provisions as those

issued under chapter 8 of title 3, unless otherwise provided, and shall be subject to the following

conditions and exceptions:

     (1) The front and back of a Rhode Island state identification card issued pursuant to § 31-

10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-

8-6.1, respectively, that is not a REAL ID credential;

     (2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-

1 shall not be required to present proof of legal presence in the United States or proof of a social

security number, if the individual does not have one;

     (3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1)

through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued

pursuant to § 31-10.4-1; and

     (4) Any information collected pursuant to this section, that is not otherwise collected by

the division of motor vehicles or required for the issuance of an identification card issued under

chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles'

records, related to the issuance of a credential issued pursuant to this section, shall not be considered

a public record. The information shall not be released, except upon request by the subject of the

information, the parent of a minor who is the subject of the information, the guardian of the subject

of the information, or the authorized representative of the subject of the information, or pursuant to

a court order.

     (b) A Rhode Island state identification card issued to any person who is unable to establish

legal presence in the United States shall not be a valid form of identification for official federal

purposes or state voting purposes.

     (c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-

1, shall be required to comply with all other applicable Rhode Island laws, rules, and regulations.

     (d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used

as evidence of the holder's citizenship or immigration status, and shall not be used as a basis for a

criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode

Island state identification card would not be criminally investigated, arrested, or detained. Any

person aggrieved by a violation of this subsection may seek appropriate declaratory and/or

injunctive relief and may be awarded damages and costs, including attorneys' fees.

     (e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual

solely on the ground that they hold or present a Rhode Island state identification card, issued under

this section.

     (f) No person who holds an operator 's license or a driver privilege card or permit issued

by this state under this chapter or any other state shall be issued a Rhode Island state identification

card pursuant to § 31-10.4-1.


 

 

332)

Section

Amended Chapter Numbers:

 

31-10.4-3

296 and 297

 

 

31-10.4-3. Confidentiality of documents -- Privacy [Effective July 1, 2023.];

State identification cards[Effective  January 1, 2024.]

     (a) The division of motor vehicles shall not release the following information, relating to

the issuance of a driver privilege card or permit, or a Rhode Island state identification card issued

pursuant to § 31-10.4-1, except upon request by the subject of the information, the parent of a minor

who is the subject of the information, the guardian of the subject of the information, or the

authorized representative of the subject of the information, or pursuant to a court order:

     (1) Proof documents submitted for the purpose of obtaining a driver privilege card or

permit or a Rhode Island state identification card issued pursuant to § 31-10.4-1;

     (2) The information in the division of motor vehicles’ records indicating the type of proof

documentation that was provided; or

     (3) Applications.

     (b) Notwithstanding any other law to the contrary, any document, including photo images,

provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s

eligibility for a non-commercial driver’s license or permit, or a Rhode Island state identification

card issued pursuant to § 31-10.4-1, or for renewal of such license or, permit, or Rhode Island state

identification card, under this section is not a public record and may not be disclosed by the

division, except to the person who is the subject of such records or in response to a subpoena for

individual records in a criminal proceeding or pursuant to a lawful court order.

     (c)(1) The division, and any agent or employee of the division, shall not disclose or make

accessible in any manner, records or information that he or she the division, agent, or employee

obtains or maintains under this section, including photo images, to any federal, state, or municipal

agency or to any employee or agent of such agency for the purpose of enforcing immigration law,

unless the division is presented with a lawful court order or judicial warrant signed by a judge,

appointed pursuant to article III of the United States Constitution.

     (12) Upon receiving a request for such records or information, the division shall, no later

than three (3) days after such request, notify the individual, about whom such information was

requested, informing the individual of the request and the identity of the agency that made the

request.

     (d) The division shall require any agency or entity that receives or has access to records or

information from the division, including photo images, to certify, before such receipt or access, that

such person or entity shall not:

     (1) Use such records or information for immigration enforcement purposes; or

     (2) Disclose such records or information to any other agency or entity, or to any employee

or agent of any such agency or entity, unless that other agency or entity also certifies that the

information will not be used for purposes of enforcing immigration law.


 

 

333)

Section

Amended Chapter Numbers:

 

31-14-3

49 and 50

 

 

31-14-3. Conditions requiring reduced speed.

     (a) The driver of every vehicle shall, consistent with the requirements of § 31-14-1, drive

at an appropriate, reduced speed when approaching and crossing an intersection or railroad grade

crossing; when approaching and going around a curve; when approaching a hill crest; when

traveling upon any narrow or winding roadway; when a special hazard exists with respect to

pedestrians or other traffic or by reason of weather or highway conditions; and in the presence of

emergency vehicles displaying flashing lights as provided in § 31-24-31, tow trucks, transporter

trucks, highway maintenance equipment displaying flashing lights (while performing maintenance

operations), and roadside assistance vehicles displaying flashing amber lights while assisting a

disabled motor vehicle, and any nonemergency vehicle that is stationary and located on the shoulder

or breakdown lane of a roadway or highway. Violations of this section are subject to fines

enumerated in § 31-41.1-4.

     (b) When an authorized vehicle, as described in subsection (a), is parked or standing within

twelve feet (12′) of a roadway and, if required pursuant to subsection (a) of this section, is giving a

warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as

it is safe, and when not otherwise directed by an individual lawfully directing traffic, do one of the

following:

     (1) Move the vehicle into a lane that is not the lane nearest the parked or standing

authorized highway maintenance equipment displaying flashing lights (while performing

maintenance operations) or, tow truck, transporter trucks, roadside assistance vehicles, emergency

vehicle, or nonemergency vehicle and continue traveling in that lane until safely clear of the

authorized highway maintenance equipment displaying flashing lights (while performing

maintenance operations) or, tow truck, transporter trucks, roadside assistance vehicles, emergency

vehicle, or non emergency nonemergency vehicle. This paragraph applies only if the roadway has

at least two (2) lanes for traffic proceeding in the direction of the approaching vehicle and if the

approaching vehicle may change lanes safely and without interfering with any vehicular traffic.;

     (2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle

at a reduced speed until completely past the authorized highway maintenance equipment displaying

flashing lights (while performing maintenance operations) or, tow truck, transporter trucks,

roadside assistance vehicle, emergency vehicle, or nonemergency vehicle. This paragraph applies

only if the roadway has only one lane for traffic proceeding in the direction of the approaching

vehicle or if the approaching vehicle may not change lanes safely and without interfering with any

vehicular traffic.

     Violations of this section are subject to fines enumerated in § 31-41.1-4.


 

 

334)

Section

Added Chapter Numbers:

 

31-19.6

207 and 224

 

 

CHAPTER 19.6

LOW-SPEED VEHICLES


 

 

335)

Section

Added Chapter Numbers:

 

31-19.6-1

207 and 224

 

 

31-19.6-1. Low-speed vehicles.

     (a) Except as otherwise provided in chapters 19.4 and 19.5 of this title 31, a low-speed

motor vehicle or low-speed vehicle shall not be operated upon any public way unless such vehicle

is registered in accordance with the provisions of this chapter, displays the registration number as

provided in § 31-3-10, and displays a slow-moving vehicle emblem on the rear of the vehicle as

required by § 31-10.1-7. Low-speed vehicles shall be subject to inspection as required by chapter

38 of this title 31. The registrar may issue registration plates displaying the “Slow Moving Vehicle”

emblem for a low-speed vehicle upon the same terms and conditions applicable to registrants of

other motor vehicles and may issue a special parking identification placard bearing the same

designation upon the same terms and conditions applicable to persons seeking a placard for a motor

vehicle. Every person lawfully operating a low-speed motor vehicle shall have the right to use the

public highways in the state, except low-speed vehicles shall be prohibited from operation on

limited access highways, as defined in § 31-1-23, state highways, as defined in § 31-1-23, or

through highways as defined in § 31-1-23 or on any public highway or roadway with a speed limit

of more than thirty-five miles per hour (35 mph m.p.h.).

     (b) Low-speed vehicles shall be subject to the traffic laws and regulations of the state and

the provisions of this section.

     (c) Nothing in subsection (a) of this section shall be construed to prohibit a low-speed

motor vehicle from crossing a public highway at an intersection where the public highway to be

crossed has a posted speed limit between thirty-five miles per hour (35 mph m.p.h.) and forty-five

miles per hour (45 mph m.p.h.), provided the public highway the low-speed vehicle is traveling on

and the public highway the low-speed vehicle is crossing the intersection toward both have a speed

limit no higher than thirty-five miles per hour (35 mph m.p.h.) and the intersection is controlled by

traffic signals or stop signs.

     (d) A municipality may, by ordinance, prohibit the operation of low-speed vehicles on a

laned roadway or local highway or a portion of a highway within its jurisdiction and under its

control, regardless of posted speeds, where it finds that use of the highway or a particular portion

of the highway by low-speed motor vehicles would represent an unreasonable risk of death or

serious injury to occupants of low-speed vehicles as a result of general traffic conditions which

shall include, but not be limited to, excessive speeds of other vehicles, traffic volumes, use of the

highway by heavy trucks or other large vehicles or if the established speed limit on the highway

increases above thirty-five miles per hour (35 mph m.p.h.per hour beyond the point where a low-

speed vehicle could safely exit the highway. The municipality shall post signs where necessary to

provide notice to the public of such prohibited access.

     (e) Low-speed vehicles operated on Prudence Island, in the town of Portsmouth, pursuant

to the provisions of chapter 19.4 of this title 31, are exempt from the provisions of this chapter.

 


336)

Section

Amended Chapter Numbers:

 

31-38-6

292 and 293

 

 

31-38-6. Appointment of official inspection stations.

     (a) For the purpose of making inspections and issuing official certificates of inspection and

approval as provided in this chapter, the director of the department of revenue, or the director’s

designee, shall issue permits for and furnish instructions and all necessary forms to official

inspection stations for the inspection of vehicles as required in this chapter and the issuance of

official certificates of inspection and approval. There shall be a separate permit required to inspect

all trailers or semi-trailers used to transport horses or other livestock, irrespective of the registered

gross weight of the trailers and semi-trailers.

     (b) Application for the permit set forth in subsection (a) of this section shall be made upon

an official form and shall be granted only when the director of the department of revenue or the

director’s designee, is satisfied that the station is properly equipped and has competent personnel

to make the inspections and adjustments, and will be properly conducted. Only facilities located

within the State of Rhode Island shall receive renewal permits or new permits. The director of the

department of revenue, or the director’s designee, before issuing a permit may require the applicant

to file a bond conditioned that it will make compensation for any damage to a vehicle during an

inspection or adjustment due to negligence on the part of the applicant or its employees.

     (c) The director of the department of revenue, or the director’s designee, shall properly

supervise and cause inspections to be made of the stations and shall suspend or revoke and require

the surrender of the permit issued to a station which he or she that the director or the director’s

designee finds is not properly equipped or has violated any of the conditions of his or her the

station’s permit of inspection. The director of the department of revenue, or the director’s designee,

shall maintain and post at the department of revenue lists of all stations holding permits and of

those whose permits have been suspended or revoked.

     (d) The permits shall be issued for a period of one year and upon payment to the director

of the department of revenue of a fee of twenty-five dollars ($25.00) annually, and the monies

received shall be turned over to the general treasurer to be deposited in the general funds of the

state.

     (e) The director of the department of revenue, or the director’s designee, shall issue a

duplicate permit upon the payment of a fee of one dollar ($1.00) if one is requested by the owner

of the official station who states in writing that the original was lost, destroyed, or stolen.

     (f) Any person who has been issued a permit under this section and conducts inspections

of vehicles subject to an emission inspection pursuant to chapter 47.1 of this title must also have

been authorized to conduct motor vehicle emissions inspections and must conduct both inspections

simultaneously.


 

 

 

337)

Section

Amended Chapter Numbers:

 

33-5-4

61 and 62

 

 

33-5-4. Nomination of guardian by will.

     Every person authorized by law to make a will may nominate by his or her the person’s

will a guardian or guardians for his or her the person’s children during their minority, and a

successor guardian or guardians for persons who are retarded with intellectual or developmental

disabilities as defined in chapter 22 of title 40.1 for whom he or she the person had been appointed

guardian during his or her the person’s lifetime, and the probate court shall appoint the guardian

or guardians unless good cause be shown to the contrary; provided, that, in the case of husband and

wife, the survivor, being otherwise qualified, shall be the guardian of their children.

     SECTION 6. Section 34-4-25 of the General Laws in Chapter 34-4 entitled "Estates in Real

Property" is hereby amended to read as follows:


 

 

 

338)

Section

Amended Chapter Numbers:

 

34-4-25

61 and 62

 

 

34-4-25. Invalidity of certain restrictive covenants.

     Since many mentally retarded and mentally disabled individuals with intellectual or

developmental disabilities or who are mentally disabled are able to live in the community with

some assistance, it is the public policy of the state of Rhode Island to establish community

residences in residential areas. Therefore, any restrictive covenant or other private legal

impediment which directly or indirectly prevents or restricts the establishment of licensed

community residences as defined in § 40.1-24-1 for eight (8) or fewer mentally retarded or mentally

disabled persons with intellectual or developmental disabilities shall be void and unenforceable as

to those community residences.


 

 

 

339)

Section

Amended Chapter Numbers:

 

34-18-30

286 and 287

 

 

34-18-30. Self-help for limited repairs.

     (a) If the landlord fails to comply with subsection of § 34-18-22(a)(1), (2), (4), (5), or (6),

and the reasonable cost of compliance is less than one hundred twenty-five dollars ($125) five

hundred dollars ($500) in the aggregate per year, the tenant may cause repairs to be done in a skilled

manner, in compliance with applicable state and local codes, and deduct from his or her the

tenant’s rent the actual and reasonable cost or the fair and reasonable value of the repairs if:

     (1) The tenant notifies the landlord of his or her the tenant’s intention to correct the

condition at the landlord’s expense; and

     (2) The landlord fails to comply within twenty (20) days, or fails to demonstrate ongoing,

good faith efforts to comply, after being notified by the tenant in writing; or, in the case of

emergency, the landlord either cannot be reached by the tenant, or the landlord fails to comply as

promptly as conditions require; and

     (3) The tenant submits an itemized statement to the landlord of the cost or the fair and

reasonable value of the repairs made.

     (b) A tenant may not repair at the landlord’s expense if the condition was caused by the

deliberate or negligent act or omission of the tenant, a member of his or her the tenant’s family,

or other person on the premises with his or her the tenant’s consent.


 

 

340)

Section

Added Chapter Numbers:

 

34-18-58

156 and 157

 

 

34-18-58. Statewide mandatory rental registry.

     (a) All landlords shall register the following information with the department of health:

     (i)(1) Names of individual landlords or any business entity responsible for leasing to a

tenant under this chapter;

     (ii)(2) An active business address, PO box, or home address;

     (iii)(3) An active email address;

     (iv)(4) An active telephone number that would reasonably facilitate communications with

the tenant of each dwelling unit;

     (v)(5) Any property manager, management company, or agent for service of the property,

along with the business address, PO box, or home address of the property manager, management

company, or agent and including;:

     (A)(i) An active email address; and

     (B)(ii) An active telephone number, for each such person or legal entity, if applicable, for

each dwelling unit; and

     (vi)(6) Information necessary to identify each dwelling unit.

     (b) All landlords who lease a residential property constructed prior to 1978 and that is not

exempt from the requirements of chapter 128.1 of title 42, ("lead hazard mitigation"), shall, in

addition to the requirements of subsection (a) of this section, for each dwelling unit, provide the

department of health with a valid certificate of conformance in accordance with chapter 128.1 of

title 42 ("lead hazard mitigation") and regulations derived therefrom, or evidence sufficient to

demonstrate that they are exempt from the requirement to obtain a certificate of conformance.

     (c) Contingent upon available funding, the department of health, or designee, shall create

a publicly accessible online database containing the information obtained in accordance with

subsections (a) and (b) of this section, no later than nine (9) months following the effective date of

this section.

     (d) All landlords subject to the requirements of subsections (a) and (b) of this section as of

September 1, 2024, shall register the information required by those subsections no later than

October 1, 2024.

     A landlord who acquires a rental property, or begins leasing a rental property to a new

tenant, after September 1, 2024, shall register the information required by subsections (a) and (b)

of this section within thirty (30) days after the acquisition or lease to a tenant, whichever date is

earlier. All landlords subject to the requirements of subsections (a) and (b) of this section shall,

following initial registration, re-register by October 1 of each year in order to update any

information required to comply with subsections (a) and (b) of this section, or to confirm that the

information already supplied remains accurate.

     (e) Any person or entity subject to subsections (a) and (b) of this section who fails to

comply with the registration provision in subsection (d) of this section, shall be subject to a civil

fine of at least fifty dollars ($50.00) per month for failure to register the information required by

subsection (a) of this section, or at least one-hundred and twenty-five dollars ($125) per month, for

failure to register the information required by subsection (b) of this section.

     (f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to

the department of health. There is to be established a restricted receipt account to be known as the

"rental registry account" which shall be a separate account within the department of health.

Penalties received by the department pursuant to the terms of this section shall be deposited into

the account. Monies deposited in into the account shall be transferred to the department of health

and shall be expended for the purpose of administering the provisions of this section or lead hazard

mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under

this section prior to October 1, 2024.

     (g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord

may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction,

unless, at the time the action is commenced, the landlord is in compliance with the requirements of

subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of

compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict

for nonpayment of rent in order to proceed with the civil action.

     (h) The department of health may commence an action for injunctive relief and additional

civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails

to comply with subsection (a) of this section. The attorney general may commence an action for

injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation

against any landlord who repeatedly fails to comply with subsection (b) of this section. Any

penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard

mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering

the provisions of this section. No penalties shall be levied under this section prior to October 1,

2024.


 

 

 

341)

Section

Added Chapter Numbers:

 

34-18-59

319 and 320

 

 

34-18-59. Fair limitation on rental application fees -- Effective January 1, 2024.

     (a) A landlord, lessor, sub-lessor, real estate broker, property management company, or

designee shall not be allowed to require or demand any prospective tenant to pay for a rental

application fee.

     (b) Nothing in this section shall be construed to prohibit a landlord, lessor, sub-lessor, real

estate broker, property management company, or designee from requiring an official state criminal

background check from the bureau of criminal identification (BCI), department of attorney general,

state police or local police department where the prospective tenant resides or from requiring a

credit check subject to the following limitations:

     (1) If a prospective tenant provides a required official state criminal background check or

credit report issued within ninety (90) days of the application for a rental unit, no fee for such

official state criminal background check and/or credit report may be charged by the respective

landlord, lessor, sub-lessor, real estate broker, property management company, or designee;

     (2) If a prospective tenant does not provide a required official state background check

and/or credit report issued within ninety (90) days of the application for a rental unit, then the

landlord, lessor, sub-lessor, real estate broker, property management company, or designee may

charge the prospective tenant a fee representing not more than the actual cost of obtaining the

official state background check and/or credit report. Provided further, any prospective tenant who

is charged a fee under this subsection for a background check or credit report shall be provided

with a copy of the background check or credit report; and

     (3) Nothing in this section shall be construed to prohibit the landlord, lessor, sub-lessor,

real estate broker, property management company, or designee from obtaining an independent

background check or credit report at the landlord's own expense.


 

 

 

342)

Section

Amended Chapter Numbers:

 

34-36-29

105 and 106

 

 

34-36-29. Insurance.

     (a) The manager, management committee, or association of unit owners, if required by the

declaration, bylaws, or by a majority of the unit owners, or at the request of a mortgagee having a

first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for

the property against loss or damage by fire and other hazards under the terms and for amounts as

shall be required or requested. Insurance coverage shall be written on the property in the name of

the manager, management committee, or association of unit owners, as trustee for each of the unit

owners in the percentages established in the declaration. Premiums on insurance shall be common

expenses. Provision for insurance shall be without prejudice to the right of each unit owner to insure

his or her own unit for his or her benefit. Provided, however, a unit’s owners insurance policy shall

become the primary insurance policy with respect to any loss covered by the association’s policy

but not payable under the association’s policy because of the application of the deductible.

     (b) In the event a unit owner sustains damage to their unit as a result of an event that is

covered under the insurance coverage purchased in accordance with subsection (a), then, upon

written request to the condominium association, the unit owner shall be entitled to a written copy

from the condominium association of the insurance company damage appraisal, or any damage

appraisal in regard to damage to the owner’s unit, within fourteen (14) calendar days of the date of

the unit owner’s request, or within fourteen (14) days of the association’s receipt of the damage

appraisal, whichever is later. If coverage for the damage to a unit is denied for any reason, or is

deemed to be valued below the policy deductible, then the unit owner shall also be entitled to

receive, from the association, a copy of the letter detailing the determination.


 

343)

Section

Amended Chapter Numbers:

 

34-39-3

29 and 30

 

 

34-39-3. Restrictions enforceable.

     (a) No conservation restriction held by any governmental body or by a charitable

corporation, association, trust, or other entity whose purposes include conservation of land or water

areas or of a particular area, and no preservation restriction held by any governmental body or by

a charitable corporation, association, trust, or other entity whose purposes include preservation of

structures or sites of historical significance or of a particular structure or site, shall be unenforceable

against any owner of the restricted land or structure on account of lack of privity of estate or

contract, or lack of benefit to particular land, or on account of the benefit being assignable or being

assigned to any other governmental body or to any entity with like purposes, or on account of any

other doctrine of property law which that might cause the termination of the restriction such as,

but not limited to, the doctrine of merger and tax delinquency. Conservation or preservation

restrictions shall be liberally interpreted in favor of the grants awarded to effect the purposes of

those easements and the policies and purpose of this chapter.

     (b) This section shall not be construed to imply that any restriction easement, covenant, or

condition which that is not covered hereunder shall, on account of any provisions hereof, be

unenforceable.

     (c) The restrictions shall not be subject to the thirty-year limitation on restrictive covenants

provided in § 34-4-21.

     (d) The attorney general, pursuant to his or her the attorney general’s inherent authority,

may bring an action in the superior court to enforce the public interest in such restrictions.

     (e) The court in any judicial proceeding, or the decision maker in any arbitration or other

alternative dispute resolution proceeding, in addition to any other relief ordered, may award the

prevailing party, reasonable attorney’s fees and costs incurred in the action or proceeding.

     (f) A court action affecting a conservation restriction held by a private land trust, as defined

in § 42-17.1-2(28)(ii), may only be brought or intervened in by:

     (1) An owner of a property interest in the real property burdened by the conservation

restriction;

     (2) A holder of the conservation restriction;

     (3) A person having a third-party right of enforcement stated in the recorded conservation

restriction; or

     (4) The attorney general as provided in subsection (d) of this section.


 

 

 

344)

Section

Amended Chapter Numbers:

 

34-42-4

389 and 390

 

 

34-42-4. Enforcement of owner’s lien.

     (a) After default, an owner may deny an occupant access to the storage space, terminate

the right of the occupant to use the storage space, enter the storage space and remove any personal

property found therein to a place of safekeeping, and enforce its lien by selling the stored property

at a public or private sale, in accordance with the following procedure:

     (1) No sooner than five (5) days after default, but before the owner takes any action to

enforce its lien, the occupant and all other persons known to claim an interest in the personal

property stored shall be notified. The notice shall be delivered in person or by regular mail to the

last known address of the person or persons to be notified, or by verified electronic mail, to the

person or persons to be notified. This notice shall include the current balance due with a reminder

to bring the past due balance current or risk the action of the owner to enforce the owner’s lien.

     (2) No sooner than fourteen (14) days after default, the occupant shall again be notified.

The notice shall be delivered in person or sent by regular mail to the last known address of the

person or persons to be notified, or verified electronic mail, to the person or persons to be notified.

The notice shall include:

     (i) A statement of the claim showing the sums due at the time of the notice;

     (ii) A statement that, based on the default, the owner has the right to deny the occupant

access to the leased space;

     (iii) A general description of the personal property subject to the lien if known;

     (iv) A demand for payment of the claim by a specified date not less than fourteen (14) days

after mailing of the notice pursuant to subdivision this subsection (2);

     (v) A conspicuous statement that unless the claim is paid by the specified date, the

occupant’s right to use the storage space will terminate, and the personal property will be advertised

for sale or will be otherwise disposed of at a specified time and place; and

     (vi) The name, street address, and telephone number of the owner who the occupant may

contact to respond to the notice.

     (3) If the owner is not able to obtain personal service of the second (2nd) notice on those

persons entitled to notice or if the certified mail return receipt is not signed by the person to whom

notice must be sent then the owner shall be required to give notice by publication once a week for

three (3) successive weeks in a newspaper of general circulation in the city or town where the

person to receive the notice was last known to reside.

     (4) When notice is by publication, the notice does not have to include an itemized statement

of the claim but only a statement as to the amount of money due or at the time of the final notice,

nor is a general description of the personal property subject to the lien required. The demand for

payment of the claim by a specified date shall set forth a date no less than thirty (30) twenty (20)

days after the date of the published notice.

     (b) No sooner than one day after default, the owner may deny the occupant access to the

leased space in a reasonable and peaceful manner.

     (c) After expiration of the time given in the second (2nd) notice, if the claim has not been

paid in full as demanded, the occupant’s right to use the storage space terminates, and the owner

may enter the storage space and remove any personal property found therein to a place of

safekeeping.

     (d) After expiration of the time given in the second (2nd) notice, if the claim has not been

paid in full as demanded and the owner wishes to sell the personal property to satisfy its lien, an

advertisement of the sale must be published once a week for two (2) consecutive weeks on a

publicly accessible website identified in the rental agreement. The advertisement must include the

name of the person on whose account it is being stored and the time and place of sale. The sale

must take place no sooner than ten (10) days after the first publication.

     (e) The sale shall be held at the self-service storage facility, or the nearest suitable place,

or online, and it shall conform to the terms of the notification.

     (f) Before a sale of personal property, any person claiming a right to the personal property

may pay the amount necessary to satisfy the lien and the reasonable expenses incurred by the owner

to redeem the personal property. Upon receipt of this payment, the owner shall release the personal

property to the payor and have no further liability to any person with respect to the personal

property.

     (g) The owner may buy at any sale of personal property pursuant to this section to enforce

the owner’s lien.

     (h) A purchaser in good faith of the personal property sold to enforce the owner’s lien takes

the personal property free of any rights of persons against whom the lien was valid, despite

noncompliance by the owner with the requirements of this section.

     (i) The owner may satisfy its lien from the proceeds of any sale pursuant to this section but

must hold the balance, if any, for delivery on demand to any person to whom it would have been

bound to deliver the personal property. If the other party does not claim the balance of the proceeds

within two (2) years of the date of the sale, it shall eschew to the state.

     (j) The owner shall be liable for damages caused by failure to comply with the requirements

for sale under this section and in case of willful violation is liable for conversion.

     (k) The owner shall not be liable for identity theft or other harm resulting from the misuse

of information contained within the contents of the occupant’s storage space, which are sold or

otherwise disposed of to satisfy the owner’s lien.

     (l) If the personal property in the leased space is a motor vehicle, watercraft, trailer,

motorcycle, RV, or any other titled vehicle, the owner may have it towed with no liability on its

part.


 

 

345)

Section

Amended Chapter Numbers:

 

36-2-1

218 and 219

 

 

36-2-1. Officers with statewide power.

     The following persons may administer oaths anywhere within the state: the governor,

lieutenant governor, secretary of state, attorney general, assistant attorneys general, general

treasurer, active magistrates and active and retired justices of the supreme, superior, family, and

district, and workers' compensation courts, each member of the general assembly after he or she

the member has filed his or her their signature with the secretary of state, commissioners

appointed by other states to take acknowledgments of deeds and depositions within this state, and

notaries public.


 

 

346)

Section

Amended Chapter Numbers:

 

34-4-16.4

37, 38, and 79 (article 3)

 

 

36-4-16.4. Salaries of directors and secretaries.

     (a) In the month of March of each year, the department of administration shall conduct a

public hearing to determine salaries to be paid to directors of all state executive departments for the

following year, at which hearing all persons shall have the opportunity to provide testimony, orally

and in writing. In determining these salaries, the department of administration will take into

consideration the duties and responsibilities of the aforenamed officers, as well as such related

factors as salaries paid executive positions in other states and levels of government, and in

comparable positions anywhere that require similar skills, experience, or training. Consideration

shall also be given to the amounts of salary adjustments made for other state employees during the

period that pay for directors was set last.

     (b) Each salary determined by the department of administration will be in a flat amount,

exclusive of such other monetary provisions as longevity, educational incentive awards, or other

fringe additives accorded other state employees under provisions of law, and for which directors

are eligible and entitled.

     (c) In no event will the department of administration lower the salaries of existing directors

during their term of office.

     (d) Upon determination by the department of administration, the proposed salaries of

directors will be referred to the general assembly by the last day in April of that year to go into

effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting

concurrently within that time.

     (e) Notwithstanding the provisions of this section, for 2022 only, the time period for the

department of administration to conduct the public hearing shall be extended to September and the

proposed salaries shall be referred to the general assembly by October 30. The salaries may take

effect before next year, but all other provisions of this section shall apply.

     (f) [Deleted by P.L. 2022, ch. 231, art. 3, § 12.]

     (g) Notwithstanding the provisions of this section or any law to the contrary, for 2022 2023

only, the salary of the director of the department of children, youth and families shall be determined

by the governor.

 

79 (Article 3)

36-4-16.4. Salaries of directors and secretaries.

     (a) In the month of March of each year, the department of administration shall conduct a

public hearing to determine salaries to be paid to directors of all state executive departments and

secretaries serving as the head of any state executive department or executive office, including but

not limited to, the secretary of the executive office of health and human services, the secretary of

commerce, and the secretary of housing for the following year, at which hearing all persons shall

have the opportunity to provide testimony, orally and in writing. In determining these salaries, the

department of administration will take into consideration the duties and responsibilities of the

aforenamed officers, as well as such related factors as salaries paid executive positions in other

states and levels of government, and in comparable positions anywhere that require similar skills,

experience, or training. Consideration shall also be given to the amounts of salary adjustments made

for other state employees during the period that pay for directors and secretaries was set last.

     (b) Each salary determined by the department of administration will be in a flat amount,

exclusive of such other monetary provisions as longevity, educational incentive awards, or other

fringe additives accorded other state employees under provisions of law, and for which directors

and secretaries are eligible and entitled.

     (c) In no event will the department of administration lower the salaries of existing directors

and secretaries during their term of office.

     (d) Upon determination by the department of administration, the proposed salaries of

directors and secretaries will be referred to the general assembly by the last day in April of that

year to go into effect thirty (30) days hence, unless rejected by formal action of the house and the

senate acting concurrently within that time.

     (e) Notwithstanding the provisions of this section, for 2022 only, the time period for the

department of administration to conduct the public hearing shall be extended to September and the

proposed salaries shall be referred to the general assembly by October 30. The salaries may take

effect before next year, but all other provisions of this section shall apply.

     (f) [Deleted by P.L. 2022, ch. 231, art. 3, § 12.]

     (g) Notwithstanding the provisions of this section or any law to the contrary, for 2023 only,

the salary of the director of the department of children, youth and families shall be determined by

the governor.


 

 

 

347)

Section

Amended Chapter Numbers:

 

36-10-9.2

194 and 195

 

 

36-10-9.2. Retirement on service allowance — Correctional officers.

     (a) This section shall apply to the retirement of members employed as assistant director

(adult services), assistant deputy director, chief of inspection, and associate directors, correctional

officer, chief of security, work rehabilitation program supervisor, supervisor of custodial records

and reports, and classification counselor within the department of corrections.

     (b)(1) Any member who has attained the age of fifty (50) years may be retired subsequent

to the proper execution and filing of a written application; provided, however, that the member

shall have completed twenty (20) years of total service within the department of corrections and

who retires before October 1, 2009, or is eligible to retire as of September 30, 2009.

     (2) For members who become eligible to retire on or after October 1, 2009, benefits are

available to members who have attained the age of fifty-five (55) and have completed at least

twenty-five (25) years of total contributory service within the department of corrections. For

members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009,

but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five

(55) will be adjusted downward in proportion to the amount of service the member has earned as

of September 30, 2009. The proportional formula shall work as follows:

     (i) The formula shall determine the first age of retirement eligibility under the laws in effect

on September 30, 2009, which shall then be subtracted from the minimum retirement age of fifty-

five (55).

     (ii) The formula shall then take the member’s total service credit as of September 30, 2009,

as the numerator and the years of service credit determined under (b)(2)(i) as the denominator.

     (iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference

determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55).

     (c) Any member with contributory service on or after July 1, 2012, who has completed at

least five (5) years of contributory service but who has not completed twenty-five (25) years of

contributory service, shall be eligible to retire upon the attainment of the member’s Social Security

retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active

service shall be eligible to retire upon the earlier of:

     (1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30)

years of total service, or the attainment of at least age sixty-four (64) and the completion of at least

thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the

completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-

two (62) and the completion of at least thirty-three (33) years of total service; or

     (2) The member’s retirement eligibility date under § 36-10-9(1)(c)(ii).

     (d) Any member who shall have rendered service both as a state employee under § 36-10-

and/or as a teacher under § 16-16-12, and service under subsection (a) of this section, shall be

eligible to elect to combine the member’s service under subsection (a) of this section and service

under § 36-10-9 and/or § 16-16-12 to determine the member’s retirement eligibility date under §

36-10-9 or § 16-16-12. For any member making this election, the member will receive a single

benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit

computed under § 36-10-10 and/or § 16-16-13.

     (e) The provisions of subsection (d) shall also apply to members who have retired on a

service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in

writing to the retirement board and shall apply prospectively from the date the request is received

by the retirement board.


 

 

 

348)

Section

Amended Chapter Numbers:

 

36-10-10.2

194 and 195

 

 

36-10-10.2. Amount of service retirement allowance — Correctional officers.

     (a) Upon retirement for service under § 36-10-9.2, a member with twenty-five (25) or more

years of service as of June 30, 2012, shall receive a retirement allowance of an amount determined

under (1) below. All other members shall receive a retirement allowance of an amount equal to the

sum of (1) below for service prior to July 1, 2012, plus (2) below for service on and after July 1,

2012.

     (1) Two percent (2%) of his or her average compensation multiplied by his or her first

thirty (30) years of total service within the department of corrections; any and all years of remaining

service shall be issued to the member at a retirement allowance of an amount equal to his or her

average compensation multiplied by the percentage allowance determined in accordance with

Schedule A below:

Schedule A

     Years of Service Percentage Allowance

     1 through 30 inclusive 2%

     31st 6%

     32nd 5%

     33rd 4%

     34th 3%

     35th 2%

     (2) On and after July 1, 2012, two percent (2%) of his or her average compensation

multiplied by his or her first thirty (30) years of total service within the department of corrections,

and three percent (3%) of his or her average compensation multiplied by the member’s thirty-first

(31st) through thirty-fifth (35th) years of service.

     (b) A member who has rendered service as a state employee under § 36-10-9 and/or as a

teacher under § 16-16-12 shall be eligible to combine the accrued benefit under § 36-10-10 as a

state employee and/or § 16-16-13 as a teacher with the accrued benefit under this section, provided

the member has first obtained eligibility under § 36-10-9.2(a), (b)(1), or (b)(2). The accrual under

§ 36-10-10 or § 16-16-13 will be added in the year in which service was rendered consistent with

the schedules provided under § 36-10-10 and/or § 16-16-13.

     (c) The provisions of subsection (b) shall also apply to members who have retired on a

service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in

writing to the retirement board and will only apply prospectively from the date the request is

received by the retirement board.

     (d) In no case shall a retirement percentage allowance exceed the greater of the member’s

retirement percentage allowance on June 30, 2012, or seventy-five percent (75%). Any member

who has in excess of thirty-five (35) years on or before July 1, 1987, shall not be entitled to any

refund. Any member with thirty-five (35) years or more on or after July 1, 1987, shall contribute

from July 1, 1987, until his or her retirement, provided, however, that any member with thirty-eight

(38) years of service prior to July 1, 1987, shall not be required to contribute.


 

 

349)

Section

Repealed Chapter Numbers:

 

36-12-2.1

17 and 18

 

 

36-12-2.1. [Repealed]


 

 

 

350)

Section

Amended Chapter Numbers:

 

36-13-1

173 and 174

 

 

36-13-1. Deferred compensation plans authorized.

     (a) The state or any city, town, or other political subdivision may, by contract, agree with

any employee to defer, in whole or in part, any portion of that employee’s compensation, and may

subsequently contract with financial institutions for the purchase of government securities or with

other financial entities for the purchase of mutual funds, and procure a fixed or variable life

insurance or annuity contract for the purpose of providing funds to meet its obligations under a

deferred compensation program for the employees from any financial institutions or from any life

underwriters duly licensed by this state who represents an insurance company licensed to contract

business in this state.

     (b) In the administration of a deferred compensation plan for state employees in the state

plan authorized under this chapter, after October 1, 1998, the state shall engage three companies

("Authorized Companies") to administer such deferred compensation plans. After October 1, 1998,

only such Authorized Companies shall be entitled to enroll state employees in such the state

deferred compensation plans in accordance with the following guidelines:

     (1) Employees must have the option of purchasing or investing in alternative financial

products referred to herein which have been approved by the State Investment Commission;

     (2) The alternative financial products shall include, without limitation, a variable product

and a fixed product;

     (3) The Authorized Companies (or an entity related thereto) must:

     (i) Be selected in accordance with the provisions of this chapter,

     (ii) Covenant that all employees covered under any plan authorized under this chapter shall,

at all times, be granted the unfettered right to cancel, change, liquidate, amend or interchange any

investment contract or product purchased in any such plan without such employees incurring a

financial penalty or fee of any kind or nature imposed by contract, and

     (iii) Be granted equal access to all eligible employees;

     (4) Procedures shall be established to ensure that personalized information regarding

employees shall not be provided to third parties by the Authorized Companies. “Personalized

Information” shall include, without limitation, social security numbers, home addresses, telephone

numbers, amounts invested, medical or disability information; and

     (5) The Authorized Companies shall be permitted to offer any financial product referred to

herein which shall have been approved by the State Investment Commission. Notwithstanding any

other provisions of this section subsection (b), if the department of administration determines that

less than three companies are qualified to be engaged as Authorized Companies because of (a)

insufficient experience in the administration of deferred compensation plans or (b) a failure to

assure adherence to the guidelines set forth herein, the state may engage less than three Authorized

Companies.

     (6) If any provision of this section or the application thereof to any person or circumstances

is held invalid, that invalidity shall not affect other provisions or applications of the section which

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

this section are declared to be severable.

     (c) Effective January 1, 2024, any participating municipality as defined in § 45-21-2 may

elect to offer to its municipal employees the deferred compensation plans offered by the state. The

account of any municipal employee who participates in the state deferred compensation plan shall

be subject to the same administration, charges, costs, rules, and regulations as are applicable and

applied to the accounts of employees in the state deferred compensation plan.


 

 

 

351)

Section

Amended Chapter Numbers:

 

36-13-1.1

173 and 174

 

 

36-13-1.1. State investment commission.

     The state investment commission shall, from time to time, select the financial institutions

and/or entities in which the state shall invest the funds under the deferred compensation plan for

state employees in the state plan.


 

 

 

352)

Section

Amended Chapter Numbers:

 

36-13-3

173 and 174

 

 

36-13-3. Administration of program.

     The administration of the deferred compensation program within each state agency,

department, board, commission, or institution shall be under the direction of the director or

principal officer of that particular agency, department, board, commission, or institution. Each city,

town, or other political subdivision shall designate an officer to administer the deferred

compensation program, including deferred compensation plans offered to municipal employees

pursuant to § 36-13-1(c). Reductions in payroll shall be made, in each instance, by the appropriate

payroll officer. The administrator of the deferred compensation program may contract with a

private corporation or institution for providing consolidated billing and other administrative

services.


 

 

 

353)

Section

Amended Chapter Numbers:

 

36-13-6

179 and 180

 

 

36-13-6. Other benefits unaffected.

     The deferred compensation program established by this chapter shall exist and serve in

addition to retirement, pension, or benefit systems established by the state, county, city, town, or

other political subdivision, and no deferral of income under the deferred compensation program

shall affect a reduction of any retirement, pension, or other benefit provided by law. However, any

sum deferred under the deferred compensation program shall not be subject to taxation until

distribution is actually made to the employee.


 

 

 

354)

Section

Added Chapter Numbers:

 

36-13-6.1

179 and 180

 

 

36-13-6.1. Sums subject to taxation.

     (a) Except as designated in this section, any sum deferred under the deferred compensation

program shall not be subject to taxation until distribution is actually made to the employee.

     (b) Subsection (a) of this section shall not apply where the deferred compensation program

includes a qualified Roth contribution program and the sums have been deferred as a designated

Roth contribution. Where the employee has elected that sums be deferred as a designated Roth

contribution, the sums shall be deferred post tax.

     (c) For the purposes of this section, the term "qualified Roth contribution program" means

a program under which an employee may elect to make designated Roth contributions in lieu of all

or a portion of elective deferrals the employee is otherwise eligible to make under the deferred

compensation program. A program shall not be treated as a qualified Roth contribution program

unless the deferred compensation program:

     (1) Establishes separate accounts for the designated Roth contributions of each employee

and any earnings properly allocable to the contributions; and

     (2) Maintains separate recordkeeping with respect to each account.

     (d) For the purposes of this section, the term "designated Roth contribution" means any

elective deferral which that is excludable from gross income of an employee with regard to

subsection (a) of this section and the employee designates as not being so excludable.


 

 

355)

Section

Amended Chapter Numbers:

 

37-2-22

276 and 277

 

 

37-2-22. Small purchases.

     Procurements, not to exceed an aggregate amount of ten thousand dollars ($10,000)

twenty-five thousand dollars ($25,000) for construction and five thousand dollars ($5,000) ten

thousand dollars ($10,000) for all other purchases may be made in accordance with small purchase

regulations promulgated by the chief purchasing officer. Procurement requirements shall not be

artificially divided so as to constitute a small purchase under this section.


 

 

356)

Section

Added Chapter Numbers:

 

37-2-82

175 and 176

 

 

37-2-82. Utilization of North American Contractor Certification companies.

     (a) All public works renovation projects that exceed an aggregate amount of one million

dollars ($1,000,000), and all new construction projects that exceed an aggregate amount of five

million dollars ($5,000,000), that include glazing work, shall have glazing work performed by

North American Contractor Certification ("NACC") certified companies and initially, on and after

July 1, 2024, shall have one architectural glass and metal technician ("AGMT") certified worker

employed by the company or contractor. On and after January 1, 2025, each crew performing work

that meets the criteria of this section shall have one AGMT certified worker on site. On and after

January 1, 2026, for each crew performing work that meets the criteria of this section, twenty-five

percent (25%) of that crew shall be comprised of AGMT certified individuals on site. On and after

January 1, 2027, for each crew performing work that meets the criteria of the section, fifty percent

(50%) of that crew shall be comprised of AGMT certified individuals on site.

     (b) As used herein, the term "glazing work" includes, but is not limited to, replacement and

installation of windows, curtain walls, interior glass partitions, glass handrails, aluminum

entrances, skylights, store fronts, and general installation of architectural glass and metal.


 

 

 

357)

Section

Amended Chapter Numbers:

 

39-1-27.3

109 and 110

 

 

39-1-27.3. Electric distribution companies required to provide retail access, standard

offer and last-resort service.

     (a) To promote economic development and the creation and preservation of employment

opportunities within the state, each electric distribution company, except Pascoag Utility District

and the Block Island Utility District, a quasi-municipal corporation, district, and subdivision of the

state (“electric distribution company”), shall offer retail access from nonregulated power producers

to all customers.

     (b) Through year 2009, and effective July 1, 2007, through year 2020, each electric

distribution company shall arrange for a standard power-supply offer (“standard offer”) to

customers that have not elected to enter into power-supply arrangements with other nonregulated

power suppliers. The rates that are charged by the electric distribution company to customers for

standard-offer service shall be approved by the commission and shall be designed to recover the

electric distribution company’s costs and no more than the electric distribution company’s costs;

provided, that the commission may establish and/or implement a rate that averages the costs over

periods of time. The electric distribution company shall not be entitled to recover any profit margin

on the sale of standard-offer power, except with approval of the commission as may be necessary

to implement, fairly and effectively, system reliability and least-cost procurement. The electric

distribution company will be entitled to recover its costs incurred from providing the standard offer

arising out of: (1) Wholesale standard-offer supply agreements with power suppliers in effect prior

to January 1, 2002; (2) Power-supply arrangements that are approved by the commission after

January 1, 2002; (3) Power-supply arrangements made pursuant to §§ 39-1-27.3.1 and 39-1-27.8;

and (4) Any other power-supply-related arrangements prudently made after January 1, 2002, to

provide standard-offer supply or to mitigate standard-offer supply costs, including costs for system

reliability, procurement, and least-cost procurement, as provided for in § 39-1-27.7. Subject to

commission approval, the electric distribution company may enter into financial contracts designed

to hedge fuel-related or other variable costs associated with power-supply arrangements and the

costs of any such financial contracts shall be recoverable in standard-offer rates. The electric

distribution company’s standard-offer revenues and its standard-offer costs shall be accounted for

and reconciled with interest at least annually. Except as otherwise may be directed by the

commission in order to accomplish purposes established by law, any over recoveries shall be

refunded to customers in a manner directed by the commission, and any under recoveries shall be

recovered by the electric distribution company through a uniform adjustment factor approved by

the commission. The commission shall have the discretion to apply such adjustment factor in any

given instance to all customers or to such specific class of customers that the commission deems

equitable under the circumstances provided that the distribution company recovers any under

recovery in its entirety. Once a customer has elected to enter into a power-supply arrangement with

a nonregulated power producer, the electric distribution company shall not be required to arrange

for the standard offer to such customer except as provided in § 39-1-27.3.1. No customer who

initially elects the standard offer and then chooses an alternative supplier shall be required to pay

any withdrawal fee or penalty to the provider of the standard offer unless such a penalty or

withdrawal fee was agreed to as part of a contract; however, no residential customer shall be

required to pay a penalty or withdrawal fee for choosing an alternative supplier. Nothing in this

subsection shall be construed to restrict the right of any nonregulated power producer to offer to

sell power to customers at a price comparable to that of the standard offer specified pursuant to this

subsection. The electric distribution company may not terminate an existing standard-offer

wholesale supply agreement without the written consent of the division.

     (c) In recognition that electricity is an essential service, each electric distribution company

shall arrange for a last-resort power supply for customers who have left the standard offer for any

reason and are not otherwise receiving electric service from nonregulated power producers. The

electric distribution company shall procure last-resort service supply from wholesale power

suppliers. Prior to acquiring last-resort supply, the electric distribution company will file with the

commission a supply acquisition plan or plans that include the acquisition procedure, the pricing

options being sought, and a proposed term of service for which last-resort service will be acquired.

The term of service may be short- or long-term and acquisitions may occur from time to time and

for more than one supplier for segments of last-resort service load over different terms, if

appropriate. All the components of the acquisition plans, however, shall be subject to commission

review and approval. Once an acquisition plan is approved by the commission, the electric

distribution company shall be authorized to acquire last-resort service supply consistent with the

approved acquisition plan and recover its costs incurred from providing last-resort service pursuant

to the approved acquisition plan. The commission may periodically review the acquisition plan to

determine whether it should be prospectively modified due to changed market conditions. The

commission shall have the authority and discretion to approve special tariff conditions and rates

proposed by the electric distribution company that the commission finds are in the public interest,

including without limitation: (1) Short- or long-term optional service at different rates; (2) Term

commitments or notice provisions before individual customers leave last-resort service; (3) Last-

resort service rates for residential or any other special class of customers that are different than the

rates for other last-resort customers; and/or (4) Last-resort service rates that are designed to

encourage any class of customers to return to the market. The electric distribution company’s last-

resort service revenues and its last-resort service costs shall be accounted for and reconciled with

interest at least annually. Any over recoveries shall be refunded and any under recoveries shall be

recovered by the electric distribution company through a uniform adjustment factor approved by

the commission. The commission shall have the discretion to apply such adjustment factor in any

given instance to all customers or to such specific class of customers that the commission deems

equitable under the circumstances provided that the distribution company recovers any under

recovery in its entirety. Nothing in this section shall be construed to prohibit an electric distribution

company from terminating service provided hereunder in accordance with commission rules and

regulations in the event of nonpayment of this service. The commission may promulgate

regulations to implement this section including the terms and conditions upon which last-resort

service is offered and provided to customers.

     (d) If a customer being served by a nonregulated power producer pays any taxes assessed

for electric service to the electric distribution company and the electric distribution company

forwards such tax payment for the power portion of the bill to a nonregulated power producer for

payment by the nonregulated power producer to the state, neither the customer nor the electric

distribution company shall be liable for such taxes forwarded if the nonregulated power producer

fails to remit such taxes to the state for any reason.


 

 

358)

Section

Amended Chapter Numbers:

 

39-1-27.7-1

107 and 108

 

 

39-1-27.7.1. Revenue decoupling.

     (a) The general assembly finds and declares that electricity and gas revenues shall be fully

decoupled from sales pursuant to the provisions of this chapter and further finds and declares that

any decoupling proposal submitted by an electric distribution company as defined in § 39-1-

2(a)(12) or gas distribution company included as a public utility in § 39-1-2(a)(20) that has greater

than one hundred thousand (100,000) customers, shall be for the following purposes:

     (1) Increasing efficiency in the operations and management of the electric and gas

distribution system;

     (2) Achieving the goals established in the electric distribution company’s plan for system

reliability and energy efficiency and conservation procurement as required pursuant to § 39-1-

27.7(d);

     (3) Increasing investment in least-cost resources that will reduce long-term electricity

demand;

     (4) Reducing risks for both customers and the distribution company including, but not

limited to, societal risks, weather risks, and economic risks;

     (5) Increasing investment in end-use energy efficiency;

     (6) Eliminating disincentives to support energy-efficiency programs;

     (7) Facilitating and encouraging investment in utility infrastructure, safety, and reliability;

and

     (8) Considering the reduction of fixed, recurring customer charges and transition to

increased unit charges that more accurately reflect the long-term costs of energy production and

delivery.

     (b) Each electric distribution company as defined by § 39-1-2(a)(12) and gas distribution

company included as a public utility in § 39-1-2(a)(20) having greater than one hundred thousand

(100,000) customers shall file proposals at the commission to implement the policy set forth in

subsection (a) of this section. The commission shall approve these proposals, provided they contain

the features and components set forth in subsection (c) of this section, and that they are consistent

with the intent and objectives contained in subsection (a) of this section. Actions taken by the

commission in the exercise of its ratemaking authority for electric and gas rate cases shall be within

the norm of industry standards and recognize the need to maintain the financial health of the

distribution company as a stand-alone entity in Rhode Island.

     (c) The proposals shall contain the following features and components:

     (1) A revenue decoupling reconciliation mechanism that reconciles annually the revenue

requirement allowed in the company’s base distribution-rate case to revenues actually received for

the applicable twelve-month (12) period; provided that the mechanism for gas distribution shall be

determined on a revenue-per-customer basis, in a manner typically employed for gas distribution

companies in the industry. Any revenues over-recovered or under-recovered shall be credited to,

or recovered from, customers, as applicable; and

     (2) An annual infrastructure, safety, and reliability spending plan for each fiscal year and

an annual rate-reconciliation mechanism that includes a reconcilable allowance for the anticipated

capital investments and other spending pursuant to the annual pre-approved budget as developed

in accordance with subsection (d) of this section.

     (d) Prior to the beginning of each fiscal year, gas and electric distribution companies shall

consult with the division of public utilities and carriers regarding their infrastructure, safety, and

reliability spending plan for the following fiscal year, addressing the following categories:

     (1) Capital spending on utility infrastructure;

     (2) For electric distribution companies, operation and maintenance expenses on vegetation

management;

     (3) For electric distribution companies, operation and maintenance expenses on system

inspection, including expenses from expected resulting repairs; and

     (4) Any other costs relating to maintaining safety and reliability that are mutually agreed

upon by the division and the company.

     The distribution company shall submit a plan to the division and the division shall

cooperate in good faith to reach an agreement on a proposed plan for these categories of costs for

the prospective fiscal year within sixty (60) days. To the extent that the company and the division

mutually agree on a plan, such plan shall be filed with the commission for review and approval

within ninety (90) days. If the company and the division cannot agree on a plan, the company shall

file a proposed plan with the commission and the commission shall review and, if the investments

and spending are found to be reasonably needed to maintain safe and reliable distribution service

over the short and long term, approve the plan within ninety (90) days.

     (e) The commission shall have the following duties and powers, in addition to its existing

authorities established in this title:

     (1) To maintain reasonable and adequate service-quality standards, after decoupling, that

are in effect at the time of the proposal and were established pursuant to § 39-3-7.

     (2) The commission may exclude the low-income rate class from the revenue decoupling

reconciliation-rate mechanism for either electric or gas distribution. The commission also may

exclude customers in the large commercial and industrial rate class from the gas-distribution

mechanism.

     (3) The commission may adopt performance incentives for the electric distribution

company that provide a shared-savings mechanism whereby the company would receive a

percentage of savings realized as a result of achieving the purposes of this section while the

remaining savings are credited to customers.

     (4) The commission shall review and approve, with any necessary amendments,

performance-based, energy-savings targets developed and submitted by the Rhode Island energy

efficiency and resources management council. The performance-based targets shall also be used as

a consideration in any shared-savings mechanism established by the commission pursuant to

subsection (e)(3) of this section.

     (f) The Rhode Island energy efficiency and resources management council shall propose

performance-based, energy-savings targets to the commission no later than September 1, 2010. The

targets shall include, but not be limited to, specific energy kilowatt-hour savings overall and peak-

demand savings for both summer and winter peak periods expressed in total megawatts as well as

appropriate targets recommended in the opportunities report filed with the commission pursuant to

§ 39-1-27.7(d)(3). The council shall revise, as necessary, these targets on an annual basis prior to

the reconciliation process established pursuant to subsection (c) of this section and submit its

revisions to the commission for approval.

     (g) Reporting. Every electric distribution company, as defined in subsection (a) of this

section, shall report to the governor, general assembly, division of public utilities and carriers, and

public utilities commission on or before September 1, 2012. The report shall include, but not be

limited to, the following elements:

     (1) A comparison of revenues from traditional rate regulation and how the revenues have

differed as part of an approved decoupling structure;

     (2) A summary of how the company is achieving the performance-based targets that may

have been adopted pursuant to subsection (e)(4) of this section;

     (3) A summary of any shared savings the company may have received pursuant to the

performance incentives authorized in subsection (e)(3) of this section;

     (4) A summary of how the company is achieving the service-quality standards required in

subsection (e)(1) of this section;

     (5) An overview of how decoupling is impacting revenue stabilization goals that have

resulted from decoupling; and

     (6) A summary of any customer education programs provided.


 

 

359)

Section

Amended Chapter Numbers:

 

39-2.1-2

79 (Article 5), 192, and 193

 

 

39-2-1.2. Utility base rate — Advertising, demand-side management, and renewables.

     (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or

providing heat, electricity, or water to or for the public shall include as part of its base rate any

expenses for advertising, either direct or indirect, that promotes the use of its product or service, or

is designed to promote the public image of the industry. No public utility may furnish support of

any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and

include the expense as part of its base rate. Nothing contained in this section shall be deemed as

prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or

educational in nature, that is designed to promote public safety conservation of the public utility's

product or service. The public utilities commission shall promulgate such rules and regulations as

are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,

and to otherwise effectuate the provisions of this section.

     (b) Effective as of January 1, 2008, and for a period of twenty (20) years thereafter, each

electric distribution company shall include a charge per kilowatt-hour delivered to fund demand-

side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy

programs shall remain in effect until December 31, 2028. The electric distribution company shall

establish and, after July 1, 2007, maintain, two (2) separate accounts, one for demand-side

management programs (the "demand-side account"), which shall be funded by the electric demand-

side charge and administered and implemented by the distribution company, subject to the

regulatory reviewing authority of the commission, and one for renewable energy programs, which

shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2 and shall

be held and disbursed by the distribution company as directed by the Rhode Island commerce

corporation for the purposes of developing, promoting, and supporting renewable energy programs.

     During the time periods established in this subsection, the commission may, in its

discretion, after notice and public hearing, increase the sums for demand-side management and

renewable resources. In addition, the commission shall, after notice and public hearing, determine

the appropriate charge for these programs. The office of energy resources, and/or the administrator

of the renewable energy programs, may seek to secure for the state an equitable and reasonable

portion of renewable energy credits or certificates created by private projects funded through those

programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation

technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and

on-grid generating technologies located in Rhode Island, as a priority; (2) Research and

development activities in Rhode Island pertaining to eligible renewable energy resources and to

other renewable energy technologies for electrical generation; or (3) Projects and activities directly

related to implementing eligible renewable energy resources projects in Rhode Island.

Technologies for converting solar energy for space heating or generating domestic hot water may

also be funded through the renewable energy programs. Fuel cells may be considered an energy

efficiency technology to be included in demand-side management programs. Special rates for low-

income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these

discounts shall be included in the distribution rates charged to all other customers. Nothing in this

section shall be construed as prohibiting an electric distribution company from offering any special

rates or programs for low-income customers which are not in effect as of August 7, 1996, subject

to the approval by the commission.

     (1) The renewable energy investment programs shall be administered pursuant to rules

established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria

to rank qualified renewable energy projects, giving consideration to:

     (i) The feasibility of project completion;

     (ii) The anticipated amount of renewable energy the project will produce;

     (iii) The potential of the project to mitigate energy costs over the life of the project; and

     (iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.

     (c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]

     (d) The chief executive officer of the commerce corporation is authorized and may enter

into a contract with a contractor for the cost-effective administration of the renewable energy

programs funded by this section. A competitive bid and contract award for administration of the

renewable energy programs may occur every three (3) years and shall include, as a condition, that

after July 1, 2008, the account for the renewable energy programs shall be maintained and

administered by the commerce corporation as provided for in subsection (b) of this section.

     (e) Effective January 1, 2007, and for a period of twenty-one (21) years thereafter, each

gas distribution company shall include, with the approval of the commission, a charge per deca

therm delivered to fund demand-side management programs (the "gas demand-side charge"),

including, but not limited to, programs for cost-effective energy efficiency, energy conservation,

combined heat and power systems, and weatherization services for low-income households.

     (f) Each gas company shall establish a separate account for demand-side management

programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and

administered and implemented by the distribution company, subject to the regulatory reviewing

authority of the commission. The commission may establish administrative mechanisms and

procedures that are similar to those for electric demand-side management programs administered

under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and

high, life-time savings of efficiency measures supported by the program.

     (g) The commission may, if reasonable and feasible, except from this demand-side

management charge:

     (1) Gas used for distribution generation; and

     (2) Gas used for the manufacturing processes, where the customer has established a self-

directed program to invest in and achieve best-effective energy efficiency in accordance with a plan

approved by the commission and subject to periodic review and approval by the commission, which

plan shall require annual reporting of the amount invested and the return on investments in terms

of gas savings.

     (h) The commission may provide for the coordinated and/or integrated administration of

electric and gas demand-side management programs in order to enhance the effectiveness of the

programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the

recommendation of the office of energy resources, be through one or more third-party entities

designated by the commission pursuant to a competitive selection process.

     (i) Effective January 1, 2007, the commission shall allocate, from demand-side

management gas and electric funds authorized pursuant to this section, an amount not to exceed

three percent (3%) of such funds on an annual basis for the retention of expert consultants, and

reasonable administration costs of the energy efficiency and resources resource management

council associated with planning, management, and evaluation of energy-efficiency programs,

renewable energy programs, system reliability, least-cost procurement, and with regulatory

proceedings, contested cases, and other actions pertaining to the purposes, powers, and duties of

the council, which allocation may by mutual agreement, be used in coordination with the office of

energy resources to support such activities.

     (j) Effective January 1, 2016, the commission shall annually allocate from the

administrative funding amount allocated in subsection (i) from the demand-side management

program as described in subsection (i) as follows: (1) for the energy efficiency and resource

management council, no more than forty percent (40%) for the purposes identified in subsection (i)

and (2) sixty percent (60%) of three percent (3%) from the demand-side management gas and

electric funds annually to the office of energy resources for activities associated with planning,

management, and evaluation of energy-efficiency programs, renewable energy programs, system

reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other

actions pertaining to the purposes, powers, and duties of the office of energy resources and shall

have exclusive authority to direct the use of the office administrative and programmatic funds.

     (k) On April 15, of each year, the office and the council shall submit to the governor, the

president of the senate, and the speaker of the house of representatives, separate financial and

performance reports regarding the demand-side management programs, including the specific level

of funds that were contributed by the residential, municipal, and commercial and industrial sectors

to the overall programs; the businesses, vendors, and institutions that received funding from

demand-side management gas and electric funds used for the purposes in this section; and the

businesses, vendors, and institutions that received the administrative funds for the purposes in

subsections (i) and (j). These reports shall be posted electronically on the websites of the office of

energy resources and the energy efficiency and resources management council.

     (l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

electric distribution company, except for the Pascoag Utility District and Block Island Power

Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge

collections to the Rhode Island infrastructure bank.

     (m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side

charge collections to the Rhode Island infrastructure bank.

     (n) Effective January 1, 2022, the commission shall allocate, from demand-side

management gas and electric funds authorized pursuant to this section, five million dollars

($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and

electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this

section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation,

clean heating, energy storage, or demand-side management project financing program administered

by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such

collections set forth in this chapter. The infrastructure bank shall report annually to the commission

within ninety (90) days of the end of each calendar year how collections transferred under this

section were utilized.

     (o) The Rhode Island office of energy resources, in coordination with the energy efficiency

and resource management council, and following consultation with the public utilities commission

and division of public utilities and carriers, shall issue a request for proposals for the cost-effective

administration and implementation of statewide energy efficiency programs funded by this section

no later than September 30, 2023. The draft request for proposals shall be reviewed through at least

one technical session at the public utilities commission prior to issuance. Public utilities

commission approval shall not be required. The Rhode Island office of energy resources, in

coordination with the energy efficiency and resource management council, shall evaluate proposals

and determine whether energy efficiency administration and implementation by the electric and gas

distribution company or a third-party is likely to achieve the most net benefits for electric and gas

customers in Rhode Island. After January 1, 2025, the office of energy resources may, periodically,

and at its discretion, issue additional requests for proposals for the administration and

implementation of state-wide statewide energy efficiency programs funded through this chapter of

an electric distribution company as defined in § 39-1-2(a)(12) or gas distribution company

included as a public utility in § 39-1-2(a)(20) that has greater than one hundred thousand (100,000)

customers.

     (i1) Nothing in this chapter shall prohibit the electric and/or gas distribution company from

submitting a proposal to administer and implement the state energy efficiency programs.

     (ii2) If the office of energy resources, in coordination with the energy efficiency and

resource management council, determines that the use of a third-party administrator is likely to

achieve the most net benefits for electric and gas customers in Rhode Island, it shall file its

recommendation with the public utilities commission, which shall docket and rule on the matter

pursuant to its general statutory authorization.

     (iii3) If the commission determines that the recommended third-party administrator is in

the interest of Rhode Island utility customers, it shall provide for the full cost recovery for the third-

party administrator consistent with the terms of the approved contract, and which shall reflect the

overall annual budget approved by the commission. The third-party administrator shall be subject

to all the requirements set forth for the electric and gas distribution company per § 39-1-27.7.

     (iv4) If the commission determines that a third-party administrator will administer the state

energy efficiency programs on or after June 1, 2024, the commission shall direct the gas and electric

distribution company to collect and transfer the gas and electric energy efficiency funds to the third-

party administrator for the annual state energy efficiency program beginning with the program year

and thereafter for the remaining program years. The gas and electric distribution company shall

transfer the annual administrative funds to the office of energy resources and energy efficiency and

resource management council.

     (v5) If a third-party administrator implements the annual energy efficiency programs then

they shall be required to develop and design the annual state energy efficiency program with the

office of energy resources and energy efficiency and resource management council, including a

vote by the energy efficiency and resource management council prior to the third-party

administrator filing the annual program plan to the public utilities commission for review and a

decision.

     (vi6) The third-party administrator shall file the annual state energy efficiency program

plan to the public utilities commission for review and approval no later than September 30, 2024,

and annually thereafter on such date.

     (vii7) The third-party administrator shall provide all information requested by the office of

energy resources, energy efficiency and resource management council, division of public utilities

and carriers, and the public utilities commission, including responses to data requests, which are

necessary for the agencies to carry out their respective oversight roles, and shall be accountable to

the same standards as the utility with administering and implementing energy efficiency, system

reliability, and least-cost procurement standards and goals in accordance with §§ 39-1-27.7 and 39-

2-1.2 this section.

     (viii8) If the office does not recommend advancement of a third-party administrator, the

electric and gas distribution company shall continue to administer statewide energy efficiency

programs.

PL192 and PL193

39-2-1.2. Utility base rate — Advertising, demand-side management, and renewables.

     (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or

providing heat, electricity, or water to or for the public shall include as part of its base rate any

expenses for advertising, either direct or indirect, that promotes the use of its product or service, or

is designed to promote the public image of the industry. No public utility may furnish support of

any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and

include the expense as part of its base rate. Nothing contained in this section shall be deemed as

prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or

educational in nature, that is designed to promote public safety conservation of the public utility’s

product or service. The public utilities commission shall promulgate such rules and regulations as

are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,

and to otherwise effectuate the provisions of this section.

     (b) Effective as of January 1, 2008, and for a period of twenty (20) years thereafter, each

electric distribution company shall include a charge per kilowatt-hour delivered to fund demand-

side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy

programs shall remain in effect until December 31, 2028. The electric distribution company shall

establish and, after July 1, 2007, maintain, two (2) separate accounts, one for demand-side

management programs (the “demand-side account”), which shall be funded by the electric demand-

side charge and administered and implemented by the distribution company, subject to the

regulatory reviewing authority of the commission, and one for renewable energy programs, which

shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2 and shall

be held and disbursed by the distribution company as directed by the Rhode Island commerce

corporation for the purposes of developing, promoting, and supporting renewable energy programs.

     During the time periods established in this subsection, the commission may, in its

discretion, after notice and public hearing, increase the sums for demand-side management and

renewable resources. In addition, the commission shall, after notice and public hearing, determine

the appropriate charge for these programs. The office of energy resources, and/or the administrator

of the renewable energy programs, may seek to secure for the state an equitable and reasonable

portion of renewable energy credits or certificates created by private projects funded through those

programs. As used in this section, “renewable energy resources” shall mean: (1) Power generation

technologies, as defined in § 39-26-5, “eligible renewable energy resources,” including off-grid

and on-grid generating technologies located in Rhode Island, as a priority; (2) Research and

development activities in Rhode Island pertaining to eligible renewable energy resources and to

other renewable energy technologies for electrical generation; or (3) Projects and activities directly

related to implementing eligible renewable energy resources projects in Rhode Island.

Technologies for converting solar energy for space heating or generating domestic hot water may

also be funded through the renewable energy programs. Fuel cells may be considered an energy

efficiency technology to be included in demand-side management programs. Special rates for low-

income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these

discounts shall be included in the distribution rates charged to all other customers. Nothing in this

section shall be construed as prohibiting an electric distribution company from offering any special

rates or programs for low-income customers which are not in effect as of August 7, 1996, subject

to the approval by the commission.

     (1) The renewable energy investment programs shall be administered pursuant to rules

established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria

to rank qualified renewable energy projects, giving consideration to:

     (i) The feasibility of project completion;

     (ii) The anticipated amount of renewable energy the project will produce;

     (iii) The potential of the project to mitigate energy costs over the life of the project; and

     (iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.

     (c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]

     (d) The chief executive officer of the commerce corporation is authorized and may enter

into a contract with a contractor for the cost-effective administration of the renewable energy

programs funded by this section. A competitive bid and contract award for administration of the

renewable energy programs may occur every three (3) years and shall include, as a condition, that

after July 1, 2008, the account for the renewable energy programs shall be maintained and

administered by the commerce corporation as provided for in subsection (b) of this section.

     (e) Effective January 1, 2007, and for a period of twenty-one (21) years thereafter, each

gas distribution company shall include, with the approval of the commission, a charge per deca

therm delivered to fund demand-side management programs (the “gas demand-side charge”),

including, but not limited to, programs for cost-effective energy efficiency, energy conservation,

combined heat and power systems, and weatherization services for low-income households.

     (f) Each gas company shall establish a separate account for demand-side management

programs (the “gas demand-side account”) that shall be funded by the gas demand-side charge and

administered and implemented by the distribution company, subject to the regulatory reviewing

authority of the commission. The commission may establish administrative mechanisms and

procedures that are similar to those for electric demand-side management programs administered

under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and

high, life-time savings of efficiency measures supported by the program.

     (g) The commission may, if reasonable and feasible, except from this demand-side

management charge:

     (1) Gas used for distribution generation; and

     (2) Gas used for the manufacturing processes, where the customer has established a self-

directed program to invest in and achieve best-effective energy efficiency in accordance with a plan

approved by the commission and subject to periodic review and approval by the commission, which

plan shall require annual reporting of the amount invested and the return on investments in terms

of gas savings.

     (h) The commission may provide for the coordinated and/or integrated administration of

electric and gas demand-side management programs in order to enhance the effectiveness of the

programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the

recommendation of the office of energy resources, be through one or more third-party entities

designated by the commission pursuant to a competitive selection process.

     (i) Effective January 1, 2007, the commission shall allocate, from demand-side

management gas and electric funds authorized pursuant to this section, an amount not to exceed

three percent (3%) of such funds on an annual basis for the retention of expert consultants, and

reasonable administration costs of the energy efficiency and resources resource management

council associated with planning, management, and evaluation of energy-efficiency programs,

renewable energy programs, system reliability, least-cost procurement, and with regulatory

proceedings, contested cases, and other actions pertaining to the purposes, powers, and duties of

the council, which allocation may by mutual agreement, be used in coordination with the office of

energy resources to support such activities.

     (j) Effective January 1, 2016, the commission shall annually allocate from the

administrative funding amount allocated in subsection (i) from the demand-side management

program as described in subsection (i) as follows: forty percent (40%) for the purposes identified

in subsection (i) and sixty percent (60%) annually to the office of energy resources for activities

associated with planning, management, and evaluation of energy-efficiency programs, renewable

energy programs, system reliability, least-cost procurement, and with regulatory proceedings,

contested cases, and other actions pertaining to the purposes, powers, and duties of the office of

energy resources.

     (k) On April 15, of each year, the office and the council shall submit to the governor, the

president of the senate, and the speaker of the house of representatives, separate financial and

performance reports regarding the demand-side management programs, including the specific level

of funds that were contributed by the residential, municipal, and commercial and industrial sectors

to the overall programs; the businesses, vendors, and institutions that received funding from

demand-side management gas and electric funds used for the purposes in this section; and the

businesses, vendors, and institutions that received the administrative funds for the purposes in

subsections (i) and (j). These reports shall be posted electronically on the websites of the office of

energy resources and the energy efficiency and resources management council.

     (l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

electric distribution company, except for the Pascoag Utility District and Block Island Power

Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge

collections to the Rhode Island infrastructure bank.

     (m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side

charge collections to the Rhode Island infrastructure bank.

     (n) Effective January 1, 2022, the commission shall allocate, from demand-side

management gas and electric funds authorized pursuant to this section, five million dollars

($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and

electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this

section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation,

clean heating, energy storage, or demand-side management project financing program administered

by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such

collections set forth in this chapter. The infrastructure bank shall report annually to the commission

within ninety (90) days of the end of each calendar year how collections transferred under this

section were utilized.


 

 

360)

Section

Amended Chapter Numbers:

 

39-18-2

246 and 247

 

 

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

— Compensation — Conflicts of interest.

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

public transit authority" (hereinafter "RIPTA").

     (b) The authority shall consist of eight (8) nine (9) members, one of whom shall be the

director of the department of transportation, or his or her the director’s designee, who shall serve

as an ex officio member, and seven (7) eight (8) of whom shall be appointed by the governor with

the advice and consent of the senate, with at least one of the seven (7) eight (8) being a regular user

of fixed-route RIPTA transportation and at least one of the seven (7) eight (8) being a person with

a disability. The governor shall achieve a diverse membership in the board and shall give due

consideration to recommendations for nominations from the RIPTA Riders Alliance, the National

Federation of the Blind of Rhode Island, the Gray Panthers of Rhode Island, the Sierra Club of

Rhode Island, the Rhode Island AFL-CIO, the RIPTA Transportation Advisory Committee, the

Rhode Island business community, the Amalgamated Transit Union, and the Rhode Island League

of Cities and Towns. No one shall be eligible for appointment unless he or she is a resident of this

state.

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

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

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

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

of his or her their predecessor. Those members of the authority as of the effective date of this act

[June 16, 2006] who were appointed to the authority by the governor shall continue to serve the

balance of their current terms. Thereafter, during the month of January in each year, the governor

shall appoint members to succeed the departing members. The newly appointed members shall

serve for a term of three (3) years, commencing on the day they are qualified. In the event of a

vacancy occurring in the membership, the governor, with the advice and consent of the senate, shall

appoint a member for the unexpired term. Any member of the authority shall be eligible for

reappointment.

     (d) Each member of the authority, before entering upon his or her the member’s duties,

shall take an oath to administer the duties of his or her the member’s office faithfully and

impartially, and the oath shall be filed in the office of the secretary of state.

     (e) The authority shall elect one of its members director of the department of transportation

shall serve as chairperson, and. The authority shall also elect a secretary and such other officers as

it deems necessary.

     (f) Four (4) Five (5) members of the authority shall constitute a quorum. The affirmative

vote of a majority of the members present and voting shall be necessary for any action taken by the

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

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

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

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

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

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

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

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

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

present, or reward from any company.

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

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

capacity or fitness for the office shall be unlawful.

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

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

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

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

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

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

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

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


 

 

361)

Section

Amended Chapter Numbers:

 

39-26.4-1

300 and 301

 

 

39-26.4-1. Purpose.

     The purpose of this chapter is to facilitate and promote installation of customer-sited, grid-

connected generation of renewable energy; to support and encourage customer development of

renewable generation systems; to reduce environmental and siting impacts; to reduce carbon

emissions that contribute to climate change by encouraging the local siting of renewable energy

projects; to diversify the state’s energy generation sources; to stimulate economic development; to

improve distribution system resilience and reliability; and to reduce distribution system costs.


 

 

362)

Section

Amended Chapter Numbers:

 

39-26.4-2

300 and 301

 

 

39-26.4-2. Definitions.

     Terms not defined in this section herein shall have the same meaning as contained in

chapter 26 of this title. When used in this chapter:

     (1) “Community remote net-metering system” means a facility generating electricity using

an eligible net-metering resource that allocates net-metering credits to a minimum of one account

for a system associated with low- or moderate-income housing eligible credit recipients, or three

(3) eligible credit-recipient customer accounts, provided that no more than fifty percent (50%) of

the credits produced by the system are allocated to one eligible credit recipient, and provided further

at least fifty percent (50%) of the credits produced by the system are allocated to the remaining

eligible credit recipients in an amount not to exceed that which is produced annually by twenty-

five kilowatt (25 KW) AC capacity. The community remote net-metering system may transfer

credits to eligible credit recipients in an amount that is equal to or less than the sum of the usage of

the eligible credit recipient accounts measured by the three-year (3) average annual consumption

of energy over the previous three (3) years. A projected annual consumption of energy may be used

until the actual three-year (3) average annual consumption of energy over the previous three (3)

years at the eligible credit recipient accounts becomes available for use in determining eligibility

of the generating system. The community remote net-metering system may be owned by the same

entity that is the customer of record on the net-metered account or may be owned by a third party.

(2) “Core forest” refers to unfragmented forest blocks of single or multiple parcels totaling two

hundred fifty (250) acres or greater unbroken by development and at least twenty-five (25) yards

from mapped roads, with eligibility questions to be resolved by the director of the department of

environmental management. Such determination shall constitute a contested case as defined in §

42-35-1(5).

     (2)(3) “Electric distribution company” shall have the same meaning as § 39-1-2, but shall

not include Block Island Power Company or Pascoag Utility District, each of whom shall be

required to offer net metering to customers through a tariff approved by the public utilities

commission after a public hearing. Any tariff or policy on file with the public utilities commission

on the date of passage of this chapter shall remain in effect until the commission approves a new

tariff.

     (3)(4) “Eligible credit recipient” means one of the following eligible recipients in the

electric distribution company’s service territory whose electric service account or accounts may

receive net-metering credits from a community remote net-metering system. Eligible credit

recipients include the following definitions:

     (i) Residential accounts in good standing.

     (ii) “Low- or moderate-income housing eligible credit recipient” means an electric service

account or accounts in good standing associated with any housing development or developments

owned or operated by a public agency, nonprofit organization, limited-equity housing cooperative,

or private developer that receives assistance under any federal, state, or municipal government

program to assist the construction or rehabilitation of housing affordable to low- or moderate-

income households, as defined in the applicable federal or state statute, or local ordinance,

encumbered by a deed restriction or other covenant recorded in the land records of the municipality

in which the housing is located, that:

     (A) Restricts occupancy of no less than fifty percent (50%) of the housing to households

with a gross, annual income that does not exceed eighty percent (80%) of the area median income

as defined annually by the United States Department of Housing and Urban Development (HUD);

     (B) Restricts the monthly rent, including a utility allowance, that may be charged to

residents, to an amount that does not exceed thirty percent (30%) of the gross, monthly income of

a household earning eighty percent (80%) of the area median income as defined annually by HUD;

     (C) Has an original term of not less than thirty (30) years from initial occupancy.

     Electric service account or accounts in good standing associated with housing

developments that are under common ownership or control may be considered a single low- or

moderate-income housing eligible credit recipient for purposes of this section. The value of the

credits shall be used to provide benefits to tenants.

     (iii) “Educational institutions” means public and private schools at the primary, secondary,

and postsecondary levels.

     (iv) “Commercial or industrial customers” means any non-residential nonresidential

customer of the electric distribution company.

     (4)(5) “Eligible net-metering resource” means eligible renewable energy resource, as

defined in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically

excluding all other listed eligible biomass fuels.

     (5)(6) “Eligible net-metering system” means a facility generating electricity using an

eligible net-metering resource that is reasonably designed and sized to annually produce electricity

in an amount that is equal to, or less than, the renewable self-generator’s usage at the eligible net-

metering system site measured by the three-year (3) average annual consumption of energy over

the previous three (3) years at the electric distribution account(s) located at the eligible net-metering

system site. A projected annual consumption of energy may be used until the actual three-year (3)

average annual consumption of energy over the previous three (3) years at the electric distribution

account(s) located at the eligible net-metering system site becomes available for use in determining

eligibility of the generating system. The eligible net-metering system may be owned by the same

entity that is the customer of record on the net-metered accounts or may be owned by a third party

that is not the customer of record at the eligible net-metering system site and which may offer a

third-party, net-metering financing arrangement or net-metering financing arrangement, as

applicable. Notwithstanding any other provisions of this chapter, any eligible net-metering

resource: (i) Owned by a public entity, educational institution, hospital, nonprofit, or multi-

municipal collaborative; or (ii) Owned and operated by a renewable-generation developer on behalf

of a public entity, educational institution, hospital, nonprofit, or multi-municipal collaborative

through a net-metering financing arrangement shall be treated as an eligible net-metering system

and all accounts designated by the public entity, educational institution, hospital, nonprofit, or

multi-municipal collaborative for net metering shall be treated as accounts eligible for net metering

within an eligible net-metering system site,; or (iii) Owned and operated by a renewable-generation

developer on behalf of one or more commercial or industrial customer(s) through net-metering

financing arrangement(s) shall be treated as an eligible net-metering system within an eligible net-

metering system site. Notwithstanding any other provision to the contrary, effective July 1, 2060,

an eligible net-metering system means a facility generating electricity using an eligible net-

metering resource that is interconnected behind the same meter as the net-metering customer’s load.

     (6)(7) “Eligible net-metering system site” means the site where the eligible net-metering

system or community remote net-metering system is located or is part of the same campus or

complex of sites contiguous to one another and the site where the eligible net-metering system or

community remote net-metering system is located or a farm in on which the eligible net-metering

system or community remote net-metering system is located. Except for an eligible net-metering

system owned by or operated on behalf of a public entity, educational institution, hospital,

nonprofit, or multi-municipal collaborative through a net-metering financing arrangement or for a

commercial or industrial customer through a net-metering financing arrangement, the purpose of

this definition is to reasonably assure that energy generated by the eligible net-metering system is

consumed by net-metered electric service account(s) that are actually located in the same

geographical location as the eligible net-metering system. All energy generated from any eligible

net-metering system is, and will be considered, consumed at the meter where the renewable energy

resource is interconnected for valuation purposes. Except for an eligible net-metering system

owned by, or operated on behalf of, a public entity, educational institution, hospital, nonprofit, or

multi-municipal collaborative, or for a commercial or industrial customer through a net-metering

financing arrangement, or except for a community remote net-metering system, all of the net-

metered accounts at the eligible net-metering system site must be the accounts of the same customer

of record and customers are not permitted to enter into agreements or arrangements to change the

name on accounts for the purpose of artificially expanding the eligible net-metering system site to

contiguous sites in an attempt to avoid this restriction. However, a property owner may change the

nature of the metered service at the accounts at the site to be master metered in the owner’s name,

or become the customer of record for each of the accounts, provided that the owner becoming the

customer of record actually owns the property at which the account is located. As long as the net-

metered accounts meet the requirements set forth in this definition, there is no limit on the number

of accounts that may be net metered within the eligible net-metering system site.

     (7)(8) “Excess renewable net-metering credit” means a credit that applies to an eligible net-

metering system or community remote net-metering system for that portion of the production of

electrical energy beyond one hundred percent (100%) and no greater than one hundred twenty-five

percent (125%) of the renewable self-generator’s own consumption at the eligible net-metering

system site or the sum of the usage of the eligible credit recipient accounts associated with the

community remote net-metering system during the applicable billing period. Such excess

renewable net-metering credit shall be equal to the electric distribution company’s avoided cost

rate, which is hereby declared to be the electric distribution company’s standard-offer last resort

service kilowatt hour (KWh) charge for the rate class and time-of-use billing period (if applicable)

applicable to the customer of record for the eligible net-metering system or applicable to the

customer of record for the community remote net-metering system. The commission shall have the

authority to make determinations as to the applicability of this credit to specific generation facilities

to the extent there is any uncertainty or disagreement.

     (8)(9) “Farm” shall be defined in accordance with § 44-27-2, except that all buildings

associated with the farm shall be eligible for net-metering credits as long as: (i) The buildings are

owned by the same entity operating the farm or persons associated with operating the farm; and (ii)

The buildings are on the same farmland as the project on either a tract of land contiguous with, or

reasonably proximate to, such farmland or across a public way from such farmland.

     (9)(10) “Hospital” means and shall be defined and established as set forth in chapter 17 of

title 23.

     (10)(11) “Multi-municipal collaborative” means a group of towns and/or cities that enter

into an agreement for the purpose of co-owning a renewable-generation facility or entering into a

financing arrangement pursuant to subsection (14) (15).

     (11)(12) “Municipality” means any Rhode Island town or city, including any agency or

instrumentality thereof, with the powers set forth in title 45.

     (12)(13) “Net metering” means using electrical energy generated by an eligible net-

metering system for the purpose of self-supplying electrical energy and power at the eligible net-

metering system site, or with respect to a community remote net-metering system, for the purpose

of generating net-metering credits to be applied to the electric bills of the eligible credit recipients

associated with the community net-metering system. The amount so generated will thereby offset

consumption at the eligible net-metering system site through the netting process established in this

chapter, or with respect to a community remote net-metering system, the amounts generated in

excess of that amount will result in credits being applied to the eligible credit-recipient accounts

associated with the community remote net-metering system.

     (13)(14) “Net-metering customer” means a customer of the electric distribution company

receiving and being billed for distribution service whose distribution account(s) are being net

metered.

     (14)(15) “Net-metering financing arrangement” means arrangements entered into by a

public entity, educational institution, hospital, nonprofit, or multi-municipal collaborative, or a

commercial or industrial customer with a private entity to facilitate the financing and operation of

a net-metering resource, in which the private entity owns and operates an eligible net-metering

resource on behalf of a public entity, educational institution, hospital, nonprofit, or multi-municipal

collaborative, or commercial or industrial customer, where: (i) The eligible net-metering resource

is located on property owned or controlled by the public entity, educational institution, hospital, or

one of the municipalities, municipality, multi-municipal collaborative, or commercial or industrial

customer as applicable; and (ii) The production from the eligible net-metering resource and primary

compensation paid by the public entity, educational institution, hospital, nonprofit, or multi-

municipal collaborative, or commercial or industrial customer to the private entity for such

production is directly tied to the consumption of electricity occurring at the designated net-metered

accounts.

     (15)(16) “Nonprofit” means a nonprofit corporation as defined and established through

chapter 6 of title 7, and shall include religious organizations that are tax exempt pursuant to 26

U.S.C. § 501(d).

     (16)(17) “Person” means an individual, firm, corporation, association, partnership, farm,

town or city of the state of Rhode Island, multi-municipal collaborative, or the state of Rhode Island

or any department of the state government, governmental agency, or public instrumentality of the

state.

     (18) “Preferred site” means a location for a renewable energy system that has had prior

development, including, but not limited to,: landfills, gravel pits and quarries, highway and major

road median strips, brownfields, superfund sites, parking lots or sites that are designated

appropriate for carports, and all rooftops including, but not limited to, residential, commercial,

industrial, and municipal buildings.

     (17)(19) “Project” means a distinct installation of an eligible net-metering system or a

community remote net-metering system. An installation will be considered distinct if it is installed

in a different location, or at a different time, or involves a different type of renewable energy.

Subject to the safe-harbor provisions in § 39-26.4-3(a)(1), new and distinct projects cannot be

located on adjoining parcels of land within core forests, except for preferred sites.

     (18)(20) “Public entity” means the federal government, the state of Rhode Island,

municipalities, wastewater treatment facilities, public transit agencies, or any water distributing

plant or system employed for the distribution of water to the consuming public within this state

including the water supply board of the city of Providence.

     (21) "Public entity net-metering system" means a system generating renewable energy at a

property owned or controlled by the public entity which that is participating in a net-metering

financing arrangement where the public entity has designated accounts in its name to receive net-

metering credits.

     (19)(22) “Renewable net-metering credit” means a credit that applies to an eligible net-

metering system or a community remote net-metering system up to one hundred percent (100%) of

either the renewable self-generator’s usage at the eligible net-metering system site or the sum of

the usage of the eligible credit-recipient accounts associated with the community remote net-

metering system over the applicable billing period. This credit shall be equal to the total kilowatt

hours of electrical energy generated up to the amount consumed on-site, and/or generated up to the

sum of the eligible credit-recipient account usage during the billing period multiplied by the sum

of the distribution company’s:

     (i) Standard-offer Last resort service kilowatt-hour charge for the rate class applicable to

the net-metering customer, except that for remote public entity and multi-municipality

collaborative net-metering systems that submit an application for an interconnection study on or

after July 1, 2017, and community remote net-metering systems, the standard-offer last resort

service kilowatt-hour charge shall be net of the renewable energy standard charge or credit;

     (ii) Distribution kilowatt-hour charge;

     (iii) Transmission kilowatt-hour charge; and

     (iv) Transition kilowatt-hour charge.

     For projects after April 15, 2023, subject to the allowable two hundred seventy-five

megawatts alternating current (275MWac), under § 39-26.4-3(a)(1)(vi), the credit shall be reduced

by twenty percent (20%).

     Notwithstanding the foregoing, except for systems that have requested an interconnection

study for which payment has been received by the distribution company, or if an interconnection

study is not required, a completed and paid interconnection application, by December 31, 2018, the

renewable net-metering credit for all remote public entity and multi-municipal collaborative net-

metering systems shall not include the distribution kilowatt-hour charge commencing on January

1, 2050.

     (20)(23) “Renewable self-generator” means an electric distribution service customer of

record for the eligible net-metering system or community remote net-metering system at the eligible

net-metering system site which system is primarily designed to produce electrical energy for

consumption by that same customer at its distribution service account(s), and/or, with respect to

community remote net-metering systems, electrical energy which generates net-metering credits to

be applied to offset the eligible credit-recipient account usage.

     (21)(24) “Third party” means and includes any person or entity, other than the renewable

self-generator, who or that owns or operates the eligible net-metering system or community remote

net-metering system on the eligible net-metering system site for the benefit of the renewable self-

generator.

     (22)(25) “Third-party, net-metering financing arrangement” means the financing of

eligible net-metering systems or community remote net-metering systems through lease

arrangements or power/credit purchase agreements between a third party and renewable self-

generator, except for those entities under a public entity net-metering financing arrangement. A

third party engaged in providing financing arrangements related to such net-metering systems with

a public or private entity is not a public utility as defined in § 39-1-2.


 

 

363)

Section

Amended Chapter Numbers:

 

39-26.4-3

300 and 301

 

 

39-26.4-3. Net metering.

     (a) The following policies regarding net metering of electricity from eligible net-metering

systems and community remote net-metering systems and regarding any person that is a renewable

self-generator shall apply:

     (1)(i) The maximum allowable capacity for eligible net-metering systems, based on

nameplate capacity, shall be ten megawatts (10 MW), effective sixty (60) days after passage.

     (ii) Eligible net-metering systems shall be sited outside of core forests with the exception

of development on preferred sites in the core forest and the exception of systems that, as of April

15, 2023, (iAhave Have submitted a complete application to the appropriate municipality for any

required permits and/or zoning changes, or, (iiBhave Have requested an interconnection study for

which payment has been received by the distribution company, or (iiiCif If an interconnection

study is not required, systems that have a completed and paid interconnection application.

     (iii) For systems developed in core forests on preferred sites, no more than one hundred

thousand square feet (100,000 sq. ft) of core forest shall be removed, including for work required

for utility interconnection or development of a brownfield, in which case no more core forest than

necessary for interconnection or brownfield development shall be removed.

     (iv) The aggregate amount of net metering in the Block Island Utility District doing

business as Block Island Power Company and the Pascoag Utility District shall not exceed a

maximum percentage of peak load for each utility district as set by the utility district based on its

operational characteristics, subject to commission approval; and .

     (ii)(v) Through December 31, 2018, the maximum aggregate amount of community remote

net-metering systems built shall be thirty megawatts (30 MW). Any of the unused MW amount

after December 31, 2018, shall remain available to community remote net-metering systems until

the MW aggregate amount is interconnected. After December 31, 2018, the commission may

expand or modify the aggregate amount after a public hearing upon petition by the office of energy

resources. The commission shall determine within six (6) months of such petition being docketed

by the commission whether the benefits of the proposed expansion exceed the cost. This aggregate

amount shall not apply to any net-metering financing arrangement involving public entity facilities,

multi-municipal collaborative facilities, educational institutions, the federal government, hospitals,

or nonprofits. By June 30, 2018, the commission shall conduct a study examining the cost and

benefit to all customers of the inclusion of the distribution charge as a part of the net-metering

calculation.

     (vi) The maximum aggregate capacity of remote net metering allowable for ground-

mounted eligible net- metering systems, as defined by § 39-26.4-2(6), with the exception of systems

that have, as of April 15, 2023, submitted a complete application to the appropriate municipality

for any required permits and/or zoning changes or have requested an interconnection study for

which payment has been received by the distribution company, or if an interconnection study is not

required, a completed and paid interconnection application by the distribution company date of

passage, shall be two hundred seventy-five megawatts, alternating current (275 MWACac),

excluding off- shore wind. None of the systems to which this cap applies shall be in core forests

unless on a preferred site located within the core forest. A project counts against this maximum if

it is in operation or under construction by July 1, 2030, as determined by the local distribution

company. All eligible ground-mounted net-metering systems must be under construction or in

operation by July 1, 2030. This restriction shall not apply to the following: (1Athe The eligible-

net metering system is interconnected behind the same meter as the net-metering customer’s load;

and/or (2Bthe The energy generated by the eligible net-metering system is consumed by net-

metered electric service account(s) of the same owner of record that are actually located on the

same or contiguous parcels as the eligible net-metering system.

     (2) For ease of administering net-metered accounts and stabilizing net-metered account

bills, the electric distribution company may elect (but is not required) to estimate for any twelve-

month (12) period:

     (i) The production from the eligible net-metering system or community remote net-

metering system; and

     (ii) Aggregate consumption of the net-metered accounts at the eligible net-metering system

site or the sum of the consumption of the eligible credit-recipient accounts associated with the

community remote net-metering system, and establish a monthly billing plan that reflects the

expected credits that would be applied to the net-metered accounts over twelve (12) months. The

billing plan would be designed to even out monthly billings over twelve (12) months, regardless of

actual production and usage. If such election is made by the electric distribution company, the

electric distribution company would reconcile payments and credits under the billing plan to actual

production and consumption at the end of the twelve-month (12) period and apply any credits or

charges to the net-metered accounts for any positive or negative difference, as applicable. Should

there be a material change in circumstances at the eligible net-metering system site or associated

accounts during the twelve-month (12) period, the estimates and credits may be adjusted by the

electric distribution company during the reconciliation period. The electric distribution company

also may elect (but is not required) to issue checks to any net-metering customer in lieu of billing

credits or carry-forward credits or charges to the next billing period. For residential-eligible net-

metering systems and community remote net-metering systems twenty-five kilowatts (25 KW) or

smaller, the electric distribution company, at its option, may administer renewable net-metering

credits month to month allowing unused credits to carry forward into the following billing period.

     (3) If the electricity generated by an eligible net-metering system or community remote

net-metering system during a billing period is equal to, or less than, the net-metering customer’s

usage at the eligible net-metering system site or the sum of the usage of the eligible credit-recipient

accounts associated with the community remote net-metering system during the billing period, the

customer shall receive renewable net-metering credits, that shall be applied to offset the net-

metering customer’s usage on accounts at the eligible net-metering system site, or shall be used to

credit the eligible credit-recipient’s electric account.

     (4) If the electricity generated by an eligible net-metering system or community remote

net-metering system during a billing period is greater than the net-metering customer’s usage on

accounts at the eligible net-metering system site or the sum of the usage of the eligible credit-

recipient accounts associated with the community remote net-metering system during the billing

period, the customer shall be paid by excess renewable net-metering credits for the excess

electricity generated up to an additional twenty-five percent (25%) beyond the net-metering

customer’s usage at the eligible net-metering system site, or the sum of the usage of the eligible

credit-recipient accounts associated with the community remote net-metering system during the

billing period; unless the electric distribution company and net-metering customer have agreed to

a billing plan pursuant to subsection (a)(2).

     (5) The rates applicable to any net-metered account shall be the same as those that apply

to the rate classification that would be applicable to such account in the absence of net metering,

including customer and demand charges, and no other charges may be imposed to offset net-

metering credits.

     (b) The commission shall exempt electric distribution company customer accounts

associated with an eligible net-metering system from back-up or standby rates commensurate with

the size of the eligible net-metering system, provided that any revenue shortfall caused by any such

exemption shall be fully recovered by the electric distribution company through rates.

     (c) Any prudent and reasonable costs incurred by the electric distribution company

pursuant to achieving compliance with subsection (a) and the annual amount of any renewable net-

metering credits or excess renewable net-metering credits provided to accounts associated with

eligible net-metering systems or community remote net-metering systems, shall be aggregated by

the distribution company and billed to all distribution customers on an annual basis through a

uniform, per-kilowatt-hour (KWh) surcharge embedded in the distribution component of the rates

reflected on customer bills.

     (d) The billing process set out in this section shall be applicable to electric distribution

companies thirty (30) days after the enactment of this chapter.

     (e) The Rhode Island office of energy resources shall redesign the community solar remote

net metering program to reflect the provisions of this chapter and to include a commercial or

industrial anchor tenant up to but not to exceed fifty percent (50%) of the project. The remaining

fifty percent (50%) must be allocated or subscribed to low- and moderate-income (LMI) residents

and/or those living in areas defined as disadvantaged and environmental justice communities. The

Rhode Island office of energy resources shall design the net metering credit rate and factor in

federal energy funding and tax credits to develop the most cost-effective rate for community solar

projects. It is expected that these projects will be operational for a twenty-(20)year (20) period. The

Rhode Island office of energy resources shall file a benefit and cost analysis with any program

proposal filed to the Rhode Island public utilities commission. Once the Rhode Island office of

energy resources files a program proposal to the Rhode Island public utilities commission, a docket

shall be established, and the Rhode Island public utilities commission shall issue a ruling on the

program no later than one-hundred and fifty (150) days. If a program is approved, it will be subject

to no greater than twenty megawatts (20 MW) per year for two years until the forty megawatts (40

MW) cap is met. Eligible net-metering systems shall be sited outside of core forests with the

exception of development on preferred sites in the core forest.


 

 

364)

Section

Amended Chapter Numbers:

 

39-26.6-1

300 and 301

 

 

39-26.6-1. Purpose.

     The purpose of this chapter is to facilitate and promote installation of grid-connected

generation of renewable energy; support and encourage development of distributed renewable

energy generation systems; reduce environmental impacts; reduce carbon emissions that contribute

to climate change by encouraging the siting of renewable energy projects in the load zone of the

electric distribution company; diversify the energy-generation sources within the load zone of the

electric distribution company; stimulate economic development; improve distribution-system

resilience and reliability within the load zone of the electric distribution company; and reduce

distribution system costs enable the state to meet its climate and resilience goals, including those

established in the act on climateThis includes the goals to facilitate and promote installation of

grid-connected generation of renewable energy; support and encourage development of distributed

renewable energy generation systems while protecting important core forest areas essential to

climate resilience and complying with Rhode Island’s climate change mandates; reduce

environmental impacts; reduce carbon emissions that contribute to climate change by encouraging

the siting of renewable energy projects in the load zone of the electric distribution company and in

preferred areas that have already been disturbed by industry or other uses; diversify the energy-

generation sources within the load zone of the electric distribution company; stimulate economic

development; and improve distribution-system resilience and reliability with the load zone of the

electric distribution company.


 

 

365)

Section

Amended Chapter Numbers:

 

39-26.6-3

300 and 301

 

 

39-26.6-3. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) “Board” shall mean the distributed-generation board as established pursuant to the

provisions of § 39-26.2-10 under the title distributed generation standard contract board, but shall

also fulfill the responsibilities set forth in this chapter.

     (2) “Ceiling price” means the bidding price cap(s) applicable to an each annual enrollment

for a given distributed-generation class, that shall be approved annually for each renewable energy

class pursuant to the procedure established in this chapter. the The ceiling price(s) are not required

to, but may be, approved for up to three years. The ceiling price for each technology should be a

price that would allow a private owner to invest in a given project at a reasonable rate of return,

based on recently reported and forecast information on the cost of capital and the cost of generation

equipment. The calculation of the reasonable rate of return for a project shall include, where

applicable, any state or federal incentives, including, but not limited to, tax incentives. Nothing

shall prohibit the distributed-generation board from proposing revised ceiling prices prior to a

program year to account for changes to available federal or state tax incentives, trade tariffs, or

other federal or state incentives which that would affect the calculation of the rate of return on a

project.

     (3) “Commercial-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.

     (4) “Commission” means the Rhode Island public utilities commission.

     (5) “Community remote distributed-generation system” means a distributed-generation

facility greater than two hundred fifty kilowatt (250 KW) nameplate direct current that allocates

bill credits for each kilowatt hour (KWh) generated to a minimum of three (3), eligible recipient-

customer accounts, provided that no more than fifty percent (50%) of the credits produced by the

system are allocated to one eligible recipient-customer account, and provided further that at least

fifty percent (50%) of the credits produced by the system are allocated to eligible recipients in an

amount not to exceed that which is produced annually by twenty-five kilowatt (25 KW) AC

capacity. The community remote distributed-generation system may transfer credits to eligible

recipient-customer accounts in an amount that is equal to, or less than, the sum of the usage of the

eligible recipient-customer accounts measured by the three-year-average (3) annual consumption

of energy over the previous three (3) years. A projected, annual consumption of energy may be

used until the actual three-year-average (3) annual consumption of energy over the previous three

(3) years at the eligible recipient-customer accounts becomes available for use in determining

eligibility of the generating system. The community remote distributed-generation system may be

owned by the same entity that is the customer of record on the net-metered account or may be

owned by a third party.

     (6) “Core forest” refers to unfragmented forest blocks of single or multiple parcels totaling

two hundred fifty (250) acres or greater unbroken by development and at least twenty-five (25)

acres from mapped roads, with eligibility questions to be resolved by the director of the department

of environmental management. Such determination shall constitute a contested case as defined in

§ 42-35-1. Notwithstanding any other provisions of this chapter, no renewable-distributed-

generation project that is located or planned to be located in or on a core forest, shall be considered

an eligible renewable-distributed-generation project or otherwise be eligible to participate in this

program, unless it is on a preferred site.

     (6)(7) “Distributed-generation facility” means an electrical-generation facility located in

the electric distribution company’s load zone with a nameplate capacity no greater than five

megawatts (5 MW), except for solar projects as described in § 39-26.6-7 that may exceed five

megawatts (5 MW) but shall not be greater than fifteen megawatts (15 MW), unless located on

preferred sites, in which case they may be sized up to thirty-nine megawatts (39 MW), using eligible

renewable energy resources as defined by § 39-26-5, including biogas created as a result of

anaerobic digestion, but, specifically excluding all other listed eligible biomass fuels, and

connected to an electrical power system owned, controlled, or operated by the electric distribution

company. For facilities developed in core forests on preferred sites, no more than one hundred

thousand square feet (100,000 sq. ft.) of core forest shall be removed, including for work required

for utility interconnection or development of a brownfield, in which case no more core forest than

necessary for interconnection or brownfield development shall be removed. For purposes of this

chapter, a distributed-generation facility must be a new resource that:

     (i) Has not begun operation;

     (ii) Is not under construction, but excluding preparatory site work that is less than twenty-

five percent (25%) of the estimated total project cost; and

     (iii) Except for small-scale solar projects, does not have in place investment or lending

agreements necessary to finance the construction of the facility prior to the submittal of an

application or bid for which the payment of performance-based incentives is sought under this

chapter except to the extent that such financing agreements are conditioned upon the project owner

being awarded performance-based incentives under the provisions of this chapter. For purposes of

this definition, preexisting hydro generation shall be exempt from the provisions of subsection

(67)(i) regarding operation, if the hydro-generation facility will need a material investment to

restore or maintain reliable and efficient operation and meet all regulatory, environmental, or

operational requirements. For purposes of this provision, “material investment” shall mean

investment necessary to allow the project to qualify as a new, renewable energy resource under §

39-26-2. To be eligible for this exemption, the hydro-project developer at the time of submitting a

bid in the applicable procurement must provide reasonable evidence with its bid application

showing the level of investment needed, along with any other facts that support a finding that the

investment is material, the determination of which shall be a part of the bid review process set forth

in § 39-26.6-16 for the award of bids.

     (7)(8) “Distributed-generation project” means a distinct installation of a distributed-

generation facility. An installation will be considered distinct if it does not violate the segmentation

prohibition set forth in § 39-26.6-9.

     (8)(9) “Electric distribution company” means a company defined in § 39-1-2(a)(12),

supplying standard-offer service, last-resort service, or any successor service to end-use customers,

but not including the Block Island Power Company or the Pascoag Utility District.

     (9)(10) “ISO-NE” means Independent System Operator-New England, the Regional

Transmission Organization for New England designated by the Federal Energy Regulatory

Commission.

     (10)(11) “Large distributed-generation project” means a distributed-generation project that

has a nameplate capacity that exceeds the size of a small distributed-generation project in a given

year, but is no greater than five megawatts (5 MW) nameplate capacity.

     (11)(12) “Large-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.

     (12)(13) “Medium-scale solar project” means a solar distributed-generation project with

the nameplate capacity specified in § 39-26.6-7.

     (13)(14) “Office” means the Rhode Island office of energy resources.

     (15) “Preferred sites” means a location for a renewable energy system that has had prior

development, including, but not limited to, landfills, gravel pits and quarries, highway and major

road median strips, brownfields, superfund sites, parking lots or sites that are designated

appropriate for carports, and all rooftops including, but not limited to, residential, commercial,

industrial and municipal buildings.

     (14)(16) “Program year” means a year beginning April 1 and ending March 31, except for

the first program year, that may commence after April 1, 2015, subject to commission approval.

     (15)(17) “Renewable energy certificate” means a New England Generation Information

System renewable energy certificate as defined in § 39-26-2(14).

     (16)(18) “Renewable energy classes” means categories for different renewable energy

technologies using eligible renewable energy resources as defined by § 39-26-5, including biogas

created as a result of anaerobic digestion, but, specifically excluding all other listed eligible biomass

fuels specified in § 39-26-2(6). For each program year, in addition to the classes of solar distributed

generation specified in § 39-26.6-7, the board shall determine the renewable energy classes as are

reasonably feasible for use in meeting distributed-generation objectives from renewable energy

resources and are consistent with the goal of meeting the annual target for the program year. The

board may make recommendations to the commission to add, eliminate, or adjust renewable energy

classes for each program year, provided that the solar classifications set forth in § 39-26.6-7 shall

remain in effect for at least the first two (2) program years and no distributed-generation project

may exceed five megawatts (5 MW) of nameplate capacity except for solar projects as described

in § 39-26.6-7.

     (17)(19) “Shared solar facility” means a single small-scale or medium-scale solar facility

that must allocate bill credits to at least two (2), and no more than fifty (50), accounts in the same

customer class and on the same or adjacent parcels of land. Public entities may allocate such bill

credits to at least two (2), and up to fifty (50), accounts without regard to physical location so long

as the facility and accounts are within the same municipality. In no case will the annual allocated

credits in KWh exceed the prior three-year (3) annual average usage, less any reductions for verified

energy-efficiency measures installed at the customer premises, of the customer account to which

the bill credits are transferred.

     (18)(20) “Small distributed-generation project” means a distributed-generation renewable

energy project that has a nameplate capacity within the following: Wind: fifty kilowatts (50 KW)

to one and one-half megawatts (1.5 MW); small-scale solar projects and medium-scale solar

projects with the capacity limits as specified in § 39-26.6-7. For technologies other than solar and

wind, the board shall set the nameplate capacity-size limits, but such limits may not exceed one

megawatt (1 MW).

     (19)(21) “Small-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.


 

 

366)

Section

Amended Chapter Numbers:

 

39-26.6-5

300 and 301

 

 

39-26.6-5. Tariffs proposed and approved.

     (a) Each year, for a period of at least five (5) program years, the electric distribution

company shall file tariffs with the commission that are designed to provide a multiyear stream of

performance-based incentives to eligible renewable-distributed-generation projects for a term of

years, under terms and conditions set forth in the tariffs and approved by the commission. The

tariffs shall set forth the rights and obligations of the owner of the distributed-generation project

and the conditions upon which payment of performance-based incentives by the electric

distribution company will be paid. The tariffs shall include the non-price conditions set forth in §§

39-26.2-7(2)(i) — (vii) for small distributed-generation projects (other than small- and medium-

scale solar) and large distributed-generation projects; provided, however, that the time periods for

the projects to reach ninety percent (90%) of output shall be extended to twenty-four (24) months

(other than eligible anaerobic-digestion projects, which shall be thirty-six (36) months, and eligible

small-scale hydro, and large-scale solar projects which shall be forty-eight (48) months). The non-

price conditions in the tariffs for small- and medium-scale solar shall take into account the different

circumstances for distributed-generation projects of the smaller sizes.

     (b) In addition to the tariff(s), the filing shall include the rules governing the solicitation

and enrollment process. The solicitation rules will be designed to ensure the orderly functioning of

the distributed-generation growth program and shall be consistent with the legislative purposes of

this chapter.

     (c) In proposing the tariff(s) and solicitation rules applicable to each year, the tariff(s) and

rules shall be developed by the electric distribution company and will be reviewed by the office

and the board before being sent to the commission for its approval. The proposed tariffs shall

include the ceiling prices and term lengths for each tariff that are recommended by the board. The

term lengths shall be from fifteen (15) to twenty (20) years; provided, however, that the board may

recommend shorter terms for small-scale solar projects. Whatever term lengths between fifteen

(15) and twenty (20) years are chosen for any given tariff, the evaluation of the bids for that tariff

shall be done on a consistent basis such that the same term lengths for competing bids are used to

determine the winning bids.

     (d) The board shall use the same standards for setting ceiling prices as set forth in § 39-

26.2-5. In setting the ceiling prices, the board may specifically consider:

     (1) Transactions for newly developed renewable energy resources, by technology and size,

in the ISO-NE control area and the northeast corridor;

     (2) Pricing from bids received during the previous program year;

     (3) Environmental benefits, including, but not limited to, reducing carbon emissions;

     (4) For community remote distributed-generation systems, administrative costs and

financial benefits for participating customers;

     (5) System benefits; and

     (6) Cost-effectiveness;

     (7) Location of projects, including climate resilience and conservation benefits; and

     (8) Labor standards pursuant to chapter 26.9 of this title 39.

     (e) At least forty-five (45) days before filing the tariff(s) and solicitation rules, the electric

distribution company shall provide the tariff(s) and rules in draft form to the board for review. The

commission shall have the authority to determine the final terms and conditions in the tariff and

rules. Once approved, the commission shall retain exclusive jurisdiction over the performance-

based incentive payments, terms, conditions, rights, enforcement, and implementation of the tariffs

and rules, subject to appeals pursuant to chapter 5 of this title.


 

 

 

367)

Section

Amended Chapter Numbers:

 

39-26.6-7

300 and 301

 

 

39-26.6-7. Solar project size categories.

     (a) Tariff(s) shall be proposed for each of the following solar distributed-generation

classes:

     (1) Small-scale solar projects;

     (2) Medium-scale solar projects;

     (3) Commercial-scale solar projects; and

     (4) Large-scale solar projects.

     (b) Such classes of solar distributed-generation projects shall be established based on

nameplate megawatt size as follows:

     (1) Large scale: solar projects from one megawatt (1 MW), up to and including, five

megawatts (5 MW) nameplate capacity; shall be comprised of four (4) classes as follows:

     (i) One megawatt (1 MW) but less than five megawatts (5 MW), nameplate capacity;

     (ii) Five megawatts (5 MW), but less than ten megawatts (10 MW), nameplate capacity;

     (iii) Ten megawatts (10 MW), but less than fifteen megawatts (15 MW), nameplate

capacity; and

     (iv) Fifteen megawatts (15 MW), but less than thirty-nine megawatts (39 MW), nameplate

capacity for projects located on preferred sites.;

     (2) Commercial scale: shall be comprised of solar projects greater than two hundred fifty

kilowatts (250 KW), but less than one megawatt (1 MW) nameplate capacity;

     (3) Medium scale: shall be comprised of solar projects greater than twenty-five kilowatts

(25 KW), up to and including, two hundred fifty kilowatts (250 KW) nameplate capacity; and

     (4) Small scale: shall be comprised of solar projects, up to and including, twenty-five

kilowatts (25 KW) nameplate capacity.

     (c) Other classifications of solar projects may also be proposed by the board, subject to the

approval of the commission. After the second program year, the board may make recommendations

to the commission to adjust the size categories of the solar classes, provided that the medium-scale

solar projects may not exceed two hundred fifty kilowatts (250 KW); and/or allocated capacity to

community distributed-generation facilities, allowing them to compete or enroll under a distinct

ceiling price.


 

 

368)

Section

Amended Chapter Numbers:

 

39-26.6-10

300 and 301

 

 

39-26.6-10. Timing and schedule of tariff filings.

     (a) The electric distribution company shall file with the commission the first set of tariffs

and solicitation rules pursuant to this chapter no later than November 15, 2014. Thereafter, the

electric distribution company shall make annual tariff and solicitation rules filings with the

commission no later than November 15 prior to the beginning of the applicable program year when

necessary, which tariffs and rules shall be applicable for the next program year(s).

     (b) Upon receiving the filing from the electric distribution company, the commission shall

open a docket to consider the filing. The commission shall issue an order approving the proposed

tariffs and solicitation rules; provided, however, that the commission may make any modifications

that it deems appropriate consistent with the legislative purposes of this chapter as set forth herein.

     (c) For the first program year, the commission shall issue its order approving tariff(s) and

solicitation rules by no later than March 31, 2015. Thereafter, the The commission shall approve

them by February 15 tariff(s) and solicitation rules prior to the commencement of each succeeding

the applicable year(s).

     (d) During the course of any program year, the electric distribution company may, at any

time, in consultation with the office and the board, propose tariff or solicitation rules modifications.

The commission shall consider the proposed modifications through an already open or new docket,

and shall issue its order within one hundred five (105) days of the filing of the proposed

modification. If approved, the proposed modification shall take effect for the next enrollment event

following the issuance of the commission’s order.


 

 

 

369)

Section

Amended Chapter Numbers:

 

39-26.6-12

300 and 301

 

 

39-26.6-12. Annual bidding and enrollments.

     (a) With the exception of the first program year (2015), the The electric distribution

company, in consultation with the board and office, shall conduct at least three (3) tariff enrollments

for each distributed-generation class each program year. For the first program year, the board may

recommend that either two (2) or three (3) enrollments be conducted.

     (b) During each program year, the tariff enrollments shall have both an annual targeted

amount of nameplate megawatts (“annual MW target”) and a nameplate megawatt target for each

separate enrollment event (“enrollment MW target”). The enrollment MW target shall comprise the

specific portion of the annual MW target sought to be obtained in that enrollment. The annual MW

target(s) and enrollment MW targets shall be recommended by the board each year no less

frequently than every three (3) years, subject to commission approval. The board shall also

recommend a megawatt target for each class (“class MW target”) that comprises a specified portion

of the enrollment MW target, subject to commission approval. If the electric distribution company,

the office, and the board mutually agree, they may reallocate megawatts during an enrollment from

one class to another without commission approval if there is an over-subscription in one class and

an under-subscription in another, provided that the annual MW target is not being exceeded, except

as provided in § 39-26.6-7 39-26.6-17. No reallocation of megawatts from a competitive pricing

class to a non-competitive pricing class shall be made until after the completion of the three (3)

enrollment periods in the program year and in no case may the annual MW target be exceeded as a

result of a reallocation of megawatts.

     (c) The annual MW targets shall be established from the year 2023 through the year 2033.

The annual target for each program year shall be up to three hundred megawatts (300 MW);

provided that, thirty megawatts (30 MW) shall be reserved for projects less than one megawatt (1

MW). The board may petition the commission for approval of multi-year annual targets and

associated-ceiling prices. established as follows; provided, however, that at least three megawatts

(3 MW) of nameplate capacity shall be carved out exclusively for small-scale solar projects in each

of the first four (4) program years:

     (1) For the first program year (2015), the annual MW target shall be twenty-five nameplate

megawatts (25 MW);

     (2) For the second program year, the annual targets shall be forty nameplate megawatts (40

MW);

     (3) For the third and fourth program years, the annual target shall be forty nameplate

megawatts (40 MW), subject to the conditions set forth in subsection (f) of this section having been

met for the applicable prior program year as determined in the manner specified in subsection (g)

of this section;

     (4) For the fifth program year, the annual target shall be set to obtain the balance of capacity

needed to achieve one hundred sixty nameplate megawatts (160 MW) within the five-year (5)

distributed-generation growth program, subject to subsection (e) of this section and the conditions

set forth in subsection (f) of this section having been met for the fourth program year as determined

in the manner specified in subsection (g) of this section; and

     (5) From the year 2020 through the year 2029, the annual target for each program year shall

be an additional forty nameplate megawatts (40 MW) above the annual target for the preceding the

program year.

     (d) During the fifth year of the distributed-generation growth program, the board may

recommend to the commission an extension of time in the event that additional time is required to

achieve the full one hundred sixty nameplate megawatt (160 MW) target of the program. The

commission shall approve the recommendation of the board; provided, however, that the

commission may make any modifications to the board’s recommendation that the commission

deems appropriate, consistent with the legislative purposes of this chapter as set forth herein.

     (e) To the extent there was a shortfall of capacity procured under chapter 26.2 of this title

from distributed-generation procurements in 2014, such shortfall amount may be added to the one

hundred sixty megawatt (160 MW) target for acquisition in the fifth program year under this

chapter. In no event shall the electric distribution company be required to exceed the aggregate

amount of one hundred sixty (160) nameplate capacity plus any such shortfall amount over the five

(5) years, but may do so voluntarily, in consultation with the board and subject to commission

approval.

     (f) The conditions specified in subsections (c)(3) and (c)(4) of this section are as follows:

(1) That it is reasonable to conclude that the bid prices submitted in the procurements for the large-

scale solar and commercial-scale solar classes were reasonably competitive in the immediately

preceding program year; (2) That it is reasonable to conclude that the annual MW target specified

for the next program year is reasonably achievable; and (3) That the electric distribution company

was able to, or with reasonably prudent efforts should have been able to, perform the studies and

system upgrades on a timely basis necessary to accommodate the number of applications associated

with the targets without materially adversely affecting other electric-distribution construction

projects needed to provide reliable and safe electric-distribution service. To the extent the board or

the commission concludes that any of these conditions have not been met for the applicable

program year, the board may recommend, and/or the commission may adopt, a new annual MW

target, based on the factors set forth in subsection (h) of this section.

     (g) Before the third, fourth, and fifth program years, each year the board shall review the

conditions specified in subsection (f) of this section and make a recommendation to the commission

for findings as to whether they have been met for the applicable year. The recommendation shall

be filed with the commission, with copies to the office and the electric distribution company, and

any person who has made a written request to the commission to be included in such notification,

such list which may be obtained from the commission clerk, and a notice of such filing shall be

posted by the commission on its website. If no party files an objection to the recommended findings

within ten (10) business days of the posting, the commission may accept them without hearings. If

an objection is filed with a reasonable explanation for its basis, the commission shall hold hearings

and make the factual determination of whether the conditions have been met.

     (h) In the event that the conditions in subsection (f) of this section have not been met for

any program year, then the board and the commission shall take into account the factors set forth

below in setting the annual MW target for the following year. In addition, for every program year

the board and the commission shall take into account these factors in setting the class MW targets,

and the enrollment MW targets for the following year: (1) That the new annual, class, and

enrollment levels reasonably assure that competition among projects for the applicable bidding

classifications remains robust and likely to yield reasonable and competitive program costs; (2)

That, assuming prudent management of the program, the electric distribution company should be

able to perform the studies and system upgrades on a timely basis necessary to accommodate the

number of applications associated with the targets without materially adversely affecting other

electric-distribution construction projects needed to provide reliable and safe electric-distribution

service; and (3) Any other reasonable factors that are consistent with the legislative purpose of this

chapter as set forth herein, including the program purpose to facilitate the development of

renewable distributed generation in the load zone of the electric distribution company at reasonable

cost.

     (i) The renewable energy growth program is intended to achieve at least an aggregate

amount of one hundred sixty nameplate megawatts (160 MW) over five (5) years, plus any shortfall

amount added in pursuant to subsection (e) of this section. However, after the second program year,

the board may, based on market data and other information available to it, including pricing

received during previous program years, recommend changes to the annual target for any program

year above or below the specified targets in subsection (c) of this section if the board concludes

that market conditions are likely to produce favorably low or unfavorably high target pricing during

the upcoming program year, provided that the recommendation may not result in the five-year (5),

one-hundred-sixty-megawatt-nameplate (160 MW) target, plus any shortfall added pursuant to

subsection (e) of this section, being exceeded. Any megawatt reduction in an annual target shall be

added to the target in the fifth year of the program (and any subsequent years if necessary) such

that the overall program target of one-hundred-sixty-megawatt-nameplate (160 MW) capacity, plus

any shortfall added pursuant to subsection (e) of this section, is achieved. In considering these

issues, the board and the commission may take into account the reasonableness of current pricing

and its impact on all electric distribution customers and the legislative purpose of this chapter as

set forth herein, including the program purpose to facilitate the development of renewable

distributed generation in the load zone of the electric distribution company at reasonable cost.

     (j) The provisions of § 39-26.1-4 shall apply to the annual value of performance-based

incentives (actual payments plus the value of net-metering credits, as applicable) provided by the

electric distribution company to all the distributed-generation projects under this chapter, subject

to the following conditions:

     (1) The targets set for the applicable program year for the applicable project classifications

were met or, if not met, such failure was due to factors beyond the reasonable control of the electric

distribution company;

     (2) The electric distribution company has processed applications for service and completed

interconnections in a timely and prudent manner for the projects under this chapter, taking into

account factors within the electric distribution company’s reasonable control. The commission is

authorized to establish more specific performance standards to implement the provisions of this

chapter; and

     (3) The incentive shall be one and three-quarters percent (1.75%) of the annual value of

performance-based incentives. The commission is authorized to establish more specific

performance standards to implement the provisions of this paragraph.


 

 

370)

Section

Amended Chapter Numbers:

 

39-26.6-15

300 and 301

 

 

39-26.6-15. Bidding and incentive award processes for solar DG projects.

     (a) Large-scale and commercial-scale solar projects and distributed-generation projects for

other eligible technologies shall bid a price-per-kilowatt-hour for the entire output of the facility

(net of any station service) that shall not exceed the applicable ceiling price. Small-scale and

medium-scale solar projects will submit an enrollment application to receive a standard

performance-based incentive for the period of years in the applicable tariff, that shall be a price-

per-kilowatt-hour for the entire output of the facility. Except for megawatts that may be allocated

to the energy-efficiency program pursuant to § 39-26.6-19, small- and medium-scale projects shall

be selected on a first-come, first-served basis, or by means of a commission-approved lottery

system, or such other method as may be recommended by the board and approved by the

commission.

     (b) Except for the first program year, the board shall determine, subject to commission

approval, the standard performance-based incentive for small- and medium-sized solar projects

from the average bid price from the last two (2) procurement enrollments conducted in the

commercial-scale and/or large-scale solar projects class. For the first program year, the board may

derive the standard performance incentive for small- and medium-sized solar projects from the

bidding data obtained from the distributed-generation program in effect in 2014 under the

provisions of chapter 26.2 of this title until there is bidding data from the first procurement under

the new program which shall then be used to set a new standard performance incentive. The

standard performance incentive may be set at a higher rate than payments for commercial-scale and

large-scale solar projects in order to take into account the potentially higher per-unit cost of smaller

projects. The standard performance incentive also shall be adjusted upward or downward, as

needed, in order to take into account the term length over which the incentive shall be paid for the

small- and medium-scale solar projects if such terms are different than the terms applicable to the

classes from which the standard performance incentive was derived.

     (c) For each program year, the board shall recommend to the commission a standard

performance incentive for each of the small-scale and medium-scale solar project classifications,

which performance incentives may span up to three program years. Upon receiving the

recommendations from the board, the commission shall open a docket to consider the

recommendations or address the recommendations in its approval process for the applicable

program year(s) in a consolidated docket as provided in § 39-26.6-10. The commission shall issue

its order approving the recommendations no later than concurrently with approval of the entire

program and tariffs applicable to the program year; provided, however, that the commission may

make modifications or changes to the board’s recommendations consistent with the legislative

purposes of this chapter.

     (d) If after the first program year, the applications for the medium-scale solar projects are

significantly over-subscribed, then the board and the electric distribution company, in consultation

with the office, may propose to the commission a bidding process for medium-scale projects or a

subset of the medium-scale projects under which project selections would be made based on the

lowest bids, rather than first-come, first-served or such other method previously approved by the

commission. The commission shall approve the proposal from the board and electric company

within ninety (90) days; provided, however, that the commission may make changes to the proposal

consistent with the legislative purposes of this chapter.

     (e) The commission shall approve the bidding process for medium-scale solar projects

recommended by the board only if the commission finds that such bidding process is in a

sufficiently simple form that is not administratively burdensome to bidders, and will not have the

effect of discouraging participation in the distributed-generation growth program by developers of

medium-scale solar projects that may be unrepresented by counsel.


 

 

371)

Section

Amended Chapter Numbers:

 

39-26.6-22

300 and 301

 

 

39-26.6-22. Zonal and other incentive payments.

     In order to provide the electric distribution company and the board with the flexibility to

encourage distributed-generation projects to be located in designated geographical areas within its

load zone where there is an identifiable system benefit, reliability benefit, or cost savings to the

distribution system in that geographical area, the electric distribution company, in consultation with

the board and the office, may propose to include an incentive-payment adder to the bid price of any

winning bidder that proposes a distributed-generation project in the desired geographical area. or

conservation benefit, or climate resilience benefit in that geographical area, the electric distribution

company, the board, or the office, shall propose to include an incentive-payment adder to the bid

price of any winning bidder that proposes a distributed-generation project in the preferred sites that

require remediation. The company, board, or office can also propose disincentive subtractors for

projects outside of preferred sites. The electric distribution company also may propose other

incentive payments to achieve other technical or public policy objectives that provide identifiable

benefits to customers. Any incentive-payment adders must be approved by the commission, and

shall not be counted as part of the bid price when the bids are selected at an enrollment event.


 

 

 

372)

Section

Amended Chapter Numbers:

 

39-26.6-25

300 and 301

 

 

39-26.6-25. Forecasted rate and reconciliation.

     (a) Three (3) months prior to the beginning of the first program year On or before

November 15 of each year, the electric distribution company shall file a forecast of the total amount

of payments that is likely to be paid out to distributed-generation projects in the coming program

year within the electric distribution company’s load zone, along with any costs permitted for

recovery pursuant to §§ 39-26.6-4, 39-26.6-13, and 39-26.6-18. The total of all forecasted payments

and costs shall be aggregated, net of forecasted revenues from the sale of the energy, renewable

energy certificates, and any other market products from the distributed-generation projects

participating in the performance-based incentive program. The forecasted net-aggregate amount

shall be used to design a fixed monthly charge per customer to recover the net forecast in rates

charged to all distribution customers during the prospective calendar year, which fixed charge may

be different by rate class in order to reasonably and equitably spread the program costs across all

customer classes. The fixed rate shall stay in effect until changed after the first reconciliation filing

set forth below and the rate reconciliation process shall be repeated annually, as set forth below.

The commission, in its discretion, may move the reconciliation of costs and credits under § 39-

26.1-5(f) into this reconciliation in order to have one reconciliation of all program costs and credits

from the long-term contracting standard, distributed-generation standard contracting, and

renewable energy growth program.

     (b) Within three (3) months after the end of each program year, the electric distribution

company shall file a report with the public utilities commission reconcile that reconciles the total

amount recovered from distribution customers against the total of net payments and costs for the

prior program year for review and approvalThe electric distribution company shall file the

reconciliation with a report, along with a new forecast of payments to be made for the next twelve-

month (12) period, net of forecasted revenues for the resale of energy, renewable energy

certificates, or any other market attributes sold by the electric distribution company. The forecast

shall be used to set a new rate in the same manner as set forth above and the new rate shall remain

in effect until rates are reset in the next annual reconciliation and the reconciliation balance shall

be reflected in the new rate.


 

 

 

373)

Section

Amended Chapter Numbers:

 

40-8-18

259 and 260

 

 

40-8-18. Local education agencies as EPSDT providers.

     (a) It is the intent of this section to provide reimbursement for early and periodic screening,

diagnosis, and treatment (EPSDT) services through local education agencies for children who are

eligible for medical assistance. A local education agency’s participation as an EPSDT provider is

voluntary. Further, it is the intent that collaboration among the department of human services

(DHS), the department of elementary and secondary education, and local education agencies

(LEAs) will result in state and local funds being used to maximize federal funding for such EPSDT

services.

     (b) The services available to eligible children under Title XIX of the Social Security Act,

42 U.S.C. § 1396 et seq., for early and periodic screening, diagnosis, and treatment (EPSDT) may

be provided by local education agencies.

     (c)(1) Voluntary participation as an EPSDT provider shall require the local education

agency to provide the state match to obtain federal financial participation for EPSDT services and

associated administrative costs by certifying to the department of human services that sufficient

qualifying local funds (local certified match) have been expended for the services and

administrative costs; provided, however, that a local education agency shall not be required to

provide the local certified match for those EPSDT services for which the department of human

services, or another state agency, agrees to provide the state match to obtain federal financial

participation for EPSDT services.

     (2) The local certified match shall be established in the local education agency pursuant to

federal Title XIX provisions. Failure of the local education agency to provide the local match shall

result in the penalties described in subsection (f).

     (3) The department of human services shall pay the local education agency from the federal

matching funds for EPSDT services pursuant to fee schedules established by rules and regulations

of the department of human services, and for associated administrative costs pursuant to

administrative cost reimbursement methodologies to be approved by the federal government, upon

certification of the local match by the local education agency in accordance with federal Title XIX

provisions. Payments made to the local education agency pursuant to this section shall be used

solely for educational purposes and shall not be made available to local communities for purposes

other than education. The local fiscal effort to support education referred to in subsection (d) shall

not be reduced in response to the availability of these federal financial participation funds to the

local education agency. These federal financial participation funds must supplement, not supplant,

local maintained fiscal effort to support education.

     (4) For the purposes of this subsection, the term “local education agency” shall include any

city, town, state, or regional school district or the school for the deaf or the William M. Davies, Jr.

career and technical high school, the Metropolitan Career and Technical Center, any public charter

school established pursuant to chapter 77 of title 16, any educational collaborative established

pursuant to chapter 3.1 of title 16, or the department of children, youth and families (DCYF).

     (d)(1) Each community shall maintain local fiscal effort for education. For the purpose of

this subsection, to “maintain local fiscal effort” means each community shall contribute local funds

to its school committee in an amount not less than its local contribution for schools in the previous

fiscal year.

     (2) Further, state support for education shall not be reduced from the prior fiscal year in

response to local community participation in the EPSDT program.

     (e) The department of human services and the department of elementary and secondary

education shall effect the interagency transfers necessary to comply with the provisions of this

section. The department of elementary and secondary education and the department of human

services are authorized to promulgate any and all regulations necessary to implement this section.

All local school agencies becoming EPSDT providers shall be required to comply with all

provisions of Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., relative to

responsibilities of a Medicaid provider.

     (f) Failure of the local education agency to establish a local certified match under this law

sufficient to support its claims for reimbursement of EPSDT services and associated administrative

costs will result in the withholding of state funds due that community in accordance with § 16-7-

31 in an amount equal to the federal financial participation funds denied by the federal government

as a result thereof. The withheld funds will be transferred to the department of human services.

     (g) The department of human services, with the aid of the department of education, shall

determine which healthcare-related services are eligible for federal Medicaid reimbursement for

health-related services provided by local education agencies to children eligible for early periodic

screening, diagnosis, and treatment. The department of human services, with the assistance of the

department of administration, shall also develop the following resources in furtherance of the goal

of recouping the maximum amount of administrative costs associated with the services:

     (1) A time-study training manual that outlines how to complete a time study by school

personnel to enhance recovery of administrative costs; and

     (2) A claiming manual that outlines the financial information and claim submission

requirements that are needed to complete the claim.

     (h) Services provided by school social workers and certified school psychologists who are

certified by the department of elementary and secondary education shall be included as health-care

related services eligible for federal Medicaid reimbursement pursuant to this section. These school

social workers and certified school psychologists shall be eligible to participate in time studies as

local education agency employees and contractors.

     (i) The general assembly encourages the executive office of health and human services and

the department of elementary and secondary education to collaborate and pursue pathways to

expand opportunities for local education agencies to bill and obtain federal Medicaid

reimbursement for eligible services delivered in schools.


 

 

 

374)

Section

Amended Chapter Numbers:

 

40-8.14-1

235 and 236

 

 

40-8.14-1. Definitions.

     For purposes of this section:

     (1) “Activities of daily living” (ADL) means the routine activities that people tend to do

every day without needing assistance. There are six (6) basic ADLs: eating, bathing, dressing,

toileting, transferring (walking), and continence.

     (2) “Covered home- and community-based services (HCBS)” means any core, preventive,

or specialized long-term-care services and supports available in a person’s home or a community-

based living arrangement that the state is authorized to provide under the Medicaid state plan, the

Medicaid section 1115 waiver, or any similar program.

     (3) “Direct-support services” means the range of home- and community-based services

(HCBS) covered services that are identified in the Medicaid state plan, Rhode Island’s section 1115

waiver, or any similar program that may provide similar services in the future, and the rules and

regulations promulgated by the executive office of health and human services (EOHHS) or a

designated agency authorize individual home-care providers to provide. The direct-support services

must be provided in accordance with applicable federal and state law, rules, and regulations and

include, but are not limited to, personal care assistance, homemaker, and companion services that

the state is authorized to provide under the Medicaid state plan, the Medicaid section 1115 waiver,

or any similar program in the future, including:

     (i) Participant assistance with activities of daily living and instrumental activities of daily

living as defined in this chapter;

     (ii) Assistance with monitoring health status and physical condition;

     (iii) Assistance with preparation and eating of meals (not the cost of the meal itself);

     (iv) Assistance with housekeeping activities (bed making, dusting, vacuuming, laundry,

grocery shopping, cleaning);

     (v) Assistance with transferring, ambulation, and use of special mobility devices assisting

the participant by directly providing or arranging transportation; and

     (vi) Other similar, in-home, non-medical long-term services and supports provided to an

elderly person or individual with a disability by an individual provider to meet the person’s daily

living needs and ensure that the person may adequately function in the person’s home and have

safe access to the community.

     (4) “Director” means the director of the Rhode Island department of administration.

     (2) "Executive office of health and human services (EOHHS)" means the agency in the

executive branch of state government that is designated as the Medicaid single state agency and

which, in this capacity, oversees the administration of the Medicaid LTSS program.

     (5)(3) “Fiscal intermediary” means a third-party organization operating in accordance with

applicable federal and state requirements under contract with the EOHHS state that is responsible

for performing payroll and other employment-related functions on behalf of the participant as set

forth in the implementing regulations for the personal choice program promulgated by the secretary

of EOHHS.

     (i) The fiscal intermediary shall:

     (A) Be authorized by the secretary or a designated agency to receive and distribute support

funds on behalf of a participant in accordance with the participant’s service plan; and

     (B) Act as a fiscal intermediary on behalf of a participant in compliance with all rules,

regulations, and terms and conditions established by the secretary.

     (ii) The fiscal intermediary shall not make any decisions regarding hiring, supervising, or

firing individual providers.

     (6)(4) “Individual provider” means an individual selected by and working under the

direction of a Medicaid LTSS beneficiary participant or the beneficiary’s participant's duly

authorized representative to provide direct-support self-directed personal care services to the

participant in accordance with the beneficiary’s service plan, a person-centered plan and the

implementing regulations promulgated for the program by the secretary of EOHHS. Individual

provider does not mean or but does not include an employee of a provider agency, subject to the

agency’s direction and control commensurate with agency employee status or an individual

providing services to a participant electing the personal choice option in any program.

     (7) “Instrumental activities of daily living” means the skills a person needs to live safely

and successfully in a residential setting of choice without outside supports. These skills include,

but are not limited to, using the telephone, traveling, shopping, preparing meals, doing housework,

taking medications properly, and managing money.

     (8)(5) “Medicaid LTSS beneficiary participant” means a person who has been determined

by the state to obtain be eligible for Medicaid-funded long-term services and supports under the

Medicaid state plan and/or the RI section 1115 waiver demonstration and/or Medicaid authorities

created in the future.

     (9) “Participant” means a Medicaid LTSS beneficiary who receives direct-support services

from an individual provider.

     (10)(6) “Participant’s representative” means a participant’s legal guardian or an individual

having a person who has been designated by the participant or otherwise has the authority and

responsibility to act on behalf of a participant with respect to the provision of direct-support self-

directed services, including the self-directed personal care services subject to this act.

     (11)(7) “Provider representative” means a provider organization that is certified as the

exclusive negotiating representative of individual providers as provided in § 40-8.15-7.

     (12)(8) “Secretary” means the secretary of the Rhode Island executive office of health and

human services (EOHHS).

     (9) "Self-directed personal care services" means home and community-based personal care

services a Medicaid LTSS participant is authorized to self-direct to meet their daily living needs,

function adequately at home, safely access the community, or other nonprofessional services under

the personal choice program, independent provider program, or any similar program that may

provide similar services in the future under the Medicaid state plan, section 1115 demonstration

waiver, or future Medicaid authorities promulgated by the secretary.


 

 

 

375)

Section

Amended Chapter Numbers:

 

40-8.14-3

235 and 236

 

 

40-8.14-3. Use of employee workforce.

     The requirement under § 40-8.14-2 shall not restrict the state’s ability to afford participants

and participants’ representatives who choose not to employ an individual provider, or are unable to

do so, the option of receiving direct-support personal care services through a personal choice option

or through the employees of provider agencies, rather than through an individual provider.

     Nothing in this chapter shall restrict the state’s ability to afford Medicaid LTSS

beneficiaries authorized to receive HCBS-covered services participants with the freedom of choice

guaranteed under Title XIX to enter into service delivery agreements with any authorized Medicaid

provider.


 

 

 

376)

Section

Chapter Numbers:

 

40-8.15-9

235 and 236

 

 

40-8.15-9.  Duties of the executive office for health and human services.

     (c) Notwithstanding the state’s obligations to meet and negotiate under chapter 7 of title

28, nothing in this chapter shall be construed to make individual providers employees of the state

for any purpose, including for the purposes of eligibility for the state employee pension program

or state employee health benefits.

     (a) The secretary has authority over the terms and conditions of individual providers'

employment, including compensation as required under § 40-8.15-14, payment, benefit terms,

provider qualification standards, other appropriate terms and conditions for the workforce of

individual providers without infringing on participants' or participant representatives' rights and

responsibilities to hire, direct, supervise, and/or terminate the employment of their individual

providers, and orientation, training, and the operation of a registry as required under § 40-8.15-15.

     (b) The secretary's authority in subsection (a) of this section only applies to self-directed

personal care services and is subject to the state's obligation to meet and negotiate with a provider

representative pursuant to § 40-8.15-16.


 

 

 

377)

Section

Added Chapter Numbers:

 

40-8.15-14

235 and 236

 

 

40-8.15-14. Wage ranges.

     (a) The state shall set wage ranges for all individual providers. All self-directed personal

care services performed by individual providers must be compensated at a wage that is within the

range set by the secretary for the services provided, but the participant may choose what wage to

pay within the applicable range.

     (b) The wage range may be the subject of collective bargaining as provided in this chapter.

However, such collective bargaining shall be related solely to self-directed personal care services.

All other self-directed services available to personal choice participants other than personal care

are excluded from collective bargaining.

     (c) The provisions of this section shall take effect on the date of implementation, as

provided in § 40-8.15-16(c).


 

 

 

378)

Section

Added Chapter Numbers:

 

40-8.15-15

235 and 236

 

 

40-8.15-15. Other duties of the executive office for health and human services.

     (a)(1) The secretary shall determine by regulation whether and to what extent individual

providers selected by personal choice participants to provide self-directed personal care are

required to complete an orientation, pursuant to the secretary’s authority under § 40-8.14-4(c)(2).

The secretary shall determine by regulation the specific types of education, experience, or training

that may be required for an individual provider to be included on a registry of persons qualified to

be self-directed individual providers.

     (12) The subjects of this section shall be collectively bargained with the provider

representative. Nothing in this act prohibits a personal choice participant from requiring an

individual provider to complete more training or education than is minimally required by the

secretary.

     (b) The secretary shall maintain a registry for individual providers pursuant to its authority

under § 40-8.14-4(c)(4) and shall collaborate with the provider representative to maintain this

registry.

     (c) The provisions of this section shall take effect on the date of implementation, as

provided in § 40-8.15-16(c).


 

 

 

 

 

379)

Section

Added Chapter Numbers:

 

40-8.15-16

235 and 236

 

 

40-8.15-16. Implementation.

     (a) For purposes of this section, the independent provider (IP) program and the personal

choice program shall have the meanings that were set forth in 210-RICR-50-10-2.2(A)(1) and

(A)(2) as of the effective date of the personal choice in self-directed personal care services act of

2023.

     (b) The secretary shall merge the independent provider program into the personal choice

program, so that as of the date of implementation the independent provider program will cease

operations. All new Medicaid LTSS participants seeking self-directed personal care services in a

program included under this act will be enrolled in the personal choice program if all necessary

requirements are met. The secretary shall transition independent provider participants opting to

continue self-direction into the personal choice program no later than the date of their annual

reassessment.

     (1) The secretary shall make all changes to regulations and practices as needed to

implement this merger.

     (2) The secretary within one hundred and twenty (120) days of the effective date of this act

shall apply for any necessary federal approvals, including the submission of any necessary

Medicaid state pan plan amendments to the federal Centers for Medicare & Medicaid Services.

     (c) Once the secretary has implemented the merger of the programs, and no later than one

hundred twenty (120) days after any necessary federal approvals are obtained, the secretary shall

certify that the personal choice self-directed personal care services act of 2023 has been

implemented. The date of that certification shall be the “date of implementation” for all provisions

of this chapter.

     (d) Within ninety (90) days of the effective date of the personal choice self-directed

personal care services act of 2023, any provider organization that has previously been certified to

serve as the provider representative of any individual providers pursuant to § 40-8.15-7 shall be

furnished by the secretary with contact information for every person providing self-directed

personal care services under the personal choice program. The secretary shall provide any such

provider organization with updated contact information every sixty (60) days thereafter.

     (e) Any provider organization that has previously been certified to serve as the provider

representative of any individual providers pursuant to § 40-8.15-7 may, prior to the date of

implementation, petition to be certified as the provider representative of the bargaining unit that

will be comprised of all the individual providers in the personal choice program after the date of

implementation. The secretary shall hold an election to determine whether such a provider

organization shall be certified as the provider representative for that bargaining unit upon a ten

percent (10%) showing of interest. All persons who are providing self-direct self-directed services

under the personal choice program shall be considered part of the bargaining unit for purposes of

the showing of interest and shall be eligible to vote in the certification election. If a majority of

those casting ballots vote to be represented by that provider organization, then the provider

organization shall be certified as the provider representative to negotiate with the state over the

terms and conditions of individual providers' participation in providing self-directed personal care

services for all individual providers in the state as of the date of implementation. The provisions of

this chapter shall otherwise apply.

     (f) Nothing in this act shall be construed to alter or limit the rights of participants and their

representative to select, direct, and terminate the services of individual providers or to determine

individual providers’ wages within a range set by the secretary, or to alter or limit the secretary’s

authority to administer the personal choice program including to adopt rules and operate the

program, to determine participant budgets, to determine eligibility, or to authorize services, except

as specifically set forth in this chapter.

     (g) Nothing in this act shall be construed to affect the administration or delivery of self-

directed programs for individuals with intellectual disabilities.

     (h) Nothing in this act shall be construed to alter or limit the rights of participants and their

representative to select, direct, and terminate the services of individual providers or to determine

individual providers' wages within a range set by the secretary, or to alter or limit the secretary's

authority to administer the personal choice program, including to adopt rules and operate the

program, to determine participant budgets, to determine eligibility, or to authorize services, except

as specifically set forth in this chapter.

     (ih) No provision of any agreement or award resulting from collective bargaining and

negotiations under this act shall provide for a reduction in Medicaid federal financial participation

under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., nor shall any provision of

any agreement or award provide for a reduction in the self-directed personal care services for

eligible personal choice program Medicaid LTSS participants. Any provision in any agreement or

award which that would require an additional appropriation in order to maintain the levels of

services provided by existing appropriations shall be subject to the annual budget process.


 

 

 

380)

Section

Amended Chapter Numbers:

 

40.1-5-2

99 and 100

 

 

40.1-5-2. Definitions.

     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated

pursuant to this chapter, or in any printed forms prepared by the department or the director, unless

otherwise expressly stated, or unless the context or subject matter otherwise requires:

     (1) “Advanced practice registered nurse” (APRN). For the purposes of this chapter,

advanced practice registered nurse (APRN) is the title given to an individual licensed to practice

advanced practice registered nursing within one of the following roles: certified nurse practitioner

(CNP) as defined under § 5-34-3 or certified clinical nurse specialist as defined under § 5-34-3 who

functions in the population focus of psychiatric/mental health as defined by § 5-34-3(12)(vi) and

whose scope of practice is defined under §§ 5-34-3(1), 5-34-3(2), and 5-34-3(15).

     (1)(2) “Alternatives to admission or certification” means alternatives to a particular facility

or treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient

treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a

friend or relative, placement in a nursing home, referral to a community mental health clinic and

home health aide services, or any other services that may be deemed appropriate.

     (2)(3) “Care and treatment” means psychiatric care, together with such medical, nursing,

psychological, social, rehabilitative, and maintenance services as may be required by a patient in

association with the psychiatric care provided pursuant to an individualized treatment plan recorded

in the patient’s medical record.

     (3)(4) “Department” means the state department of behavioral healthcare, developmental

disabilities and hospitals.

     (4)(5) “Director” means the director of the state department of behavioral healthcare,

developmental disabilities and hospitals.

     (5)(i)(6) “Facility” means, but is not limited to, any public or private hospital licensed by

the Rhode Island department of health that maintains staff and facilities, including inpatient units,

for the care and treatment of persons with psychiatric illness, psychiatric disorders, and/or

psychiatric disabilities; and in and/or a community mental health center as defined in § 40.1-8.5-2.

In order to operate pursuant to the Mental Health Act Law as codified in this chapter, such facility

and/or inpatient unit must be approved by the director of the department of behavioral healthcare,

developmental disabilities and hospitals upon application of such facility and/or inpatient unit, and

any of the several community mental health services established pursuant to chapter 8.5 of this title.

The process and criteria for approval to operate pursuant to the Mental Health Law as codified in

this chapter shall be determined by the director. Nothing contained herein shall be construed to

amend or repeal any of the provisions of chapter 16 of title 23.

     (ii) The Eleanor Slater hospital shall be required to apply to the department for approval

from the director to operate pursuant to this chapter.

     (iii) The Rhode Island state psychiatric hospital shall be required to apply to the department

for approval from the director to operate pursuant to this chapter.

     (6)(7) “Indigent person” means a person who has not sufficient property or income to

support himself or herself, and to support the members of his or her family dependent upon him or

her for support, and/or is unable to pay the fees and costs incurred pursuant to any legal proceedings

conducted under the provisions of this chapter.

     (7)(8) “Likelihood of serious harm” means:

     (i) A substantial risk of physical harm to the person himself or herself as manifested by

behavior evidencing serious threats of, or attempts at, suicide;

     (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats

evidencing homicidal or other violent behavior; or

     (iii) A substantial risk of physical harm to the mentally disabled person as manifested by

behavior that has created a grave, clear, and present risk to the person’s physical health and safety.

     (iv) In determining whether there exists a likelihood of serious harm, the physician and the

court may consider previous acts, diagnosis, words, or thoughts of the patient. If a patient has been

incarcerated, or institutionalized, or in a controlled environment of any kind, the court may give

great weight to such prior acts, diagnosis, words, or thoughts.

     (8)(9) “Mental health professional” means a psychiatrist, psychologist, or social worker

and such other persons, including a psychiatric nurse clinicians clinician and licensed advanced

practice registered nurse (APRN) as defined in § 40.1-5-2 this section, as may be defined by rules

and regulations promulgated by the director.

     (9)(10) “NICS database” means the National Instant Criminal Background Check System

as created pursuant to section 103(b) of the Brady Handgun Violence Prevention Act (Brady Act),

Pub. L. No. 103-159, 107 Stat. 1536 as established by 28 C.F.R. 25.1.

     (10)(11) “Patient” means a person admitted voluntarily, certified or re-certified admitted

to a facility according to the provisions of this chapter.

     (11)(12) “Physician” means a person licensed by the Rhode Island department of health to

practice medicine pursuant to chapter 37 of title 5.

     (12)(13) “Psychiatric disability” means a mental disorder in which the capacity of a person

to exercise self-control or judgment in the conduct of the person’s affairs and social relations, or to

care for the person’s own personal needs, is significantly impaired.

     (13)(14) “Psychiatric nurse clinician” means a professional registered nurse with a master’s

degree in psychiatric nursing or related field who is licensed by the Rhode Island department of

health pursuant to chapter 34 of title 5 and who is currently working in the mental health field as

defined by the American Nurses Association, and/or a licensed advanced practice registered nurse

with a population focus of psychiatric/mental health population focus as defined in paragraphs (2)

and (12)(vi) of § 5-34-3 (APRN) as defined in § 40.1-5-2 this section.

     (14)(15) “Psychiatrist” means a person licensed by the Rhode Island department of health

to practice medicine pursuant to chapter 37 of title 5 who has, in addition, completed three (3) years

of graduate psychiatric training in a program approved by the American Medical Association or

American Osteopathic Association.

     (15)(16) “Psychologist” means a person licensed by the Rhode Island department of health

pursuant to chapter 44 of title 5.

     (17) “Qualified mental health professional” (QMHP) means a mental health professional,

as defined in §40.1-5-2(9) subsection (9) of this section and as approved by the licensing unit

within the department, and who has a minimum of thirty (30) hours of supervised face-to-face

emergency services experience as a psychiatric emergency service worker in Rhode Island. Such

experience may be gained through employment with: (i) A community mental health center

(CMHC) which that is conducting emergency psychiatric assessment for individuals under

consideration for admission to an inpatient mental health facility; or (ii) A licensed hospital which

that is conducting emergency psychiatric assessment for individuals under consideration for

admission to an inpatient mental health facility.

     (16)(18) “Social worker” means a person who has a masters or further advanced degree

from a school of social work, that is accredited by the council of social work education and who is

licensed by the Rhode Island department of health pursuant to chapter 39.1 of title 5.


 

 

 

381)

Section

Amended Chapter Numbers:

 

40.1-5-5

99 and 100

 

 

40.1-5-5. Admission of patients generally — Rights of patients — Patients’ records —

Competence of patients.

     (a) Admissions. Any person who is in need of care and treatment in a facility, as herein

defined, may be admitted or certified, received, and retained as a patient in a facility by complying

with any one of the following admission procedures applicable to the case:

     (1) Voluntary admission.

     (2) Emergency certification.

     (3) Civil court certification.

     (b) Forms. The director shall prescribe and furnish forms for use in admissions and patient

notification procedures under this chapter.

     (c) Exclusions. No person with a psychiatric an intellectual and/or developmental

disability, or person under the influence of alcohol or drugs shall be certified to a facility, as herein

defined, solely by reason of that condition, unless the person also qualified for admission, or

certification, or recertification under the provisions of this chapter.

     (d) Examining physician or licensed advanced practice registered nurse (APRN). For

purposes of certification, no examining physician or licensed advanced practice registered nurse

(APRN) as defined in § 40.1-5-2 shall be related by blood or marriage to the person who is applying

for the admission of another, or to the person who is the subject of the application; nor shall he or

she have any interest, contractually, testamentary, or otherwise (other than reasonable and proper

charges for professional services rendered), in or against the estate or assets of the person who is

the subject of the application; nor shall he or she be a manager, trustee, visitor, proprietor, officer,

stockholder, or have any pecuniary interest, directly or indirectly, or, except as otherwise herein

expressly provided, be a director, resident physician, or salaried physician, or licensed advanced

practice registered nurse (APRN) as defined in § 40.1-5-2 or employee in any facility to which it

is proposed to admit the person.

     (e) Certificates. Certificates, as required by this chapter, must provide a factual description

of the person’s behavior that indicates that the person concerned is psychiatrically disabled, creates

a likelihood of serious harm, and is in need of care and treatment in a facility as defined in this

chapter. They shall further set forth such other findings as may be required by the particular

certification procedure used. Certificates shall also show that an examination of the person

concerned was made within five (5) days prior to the date of admission or certification, unless

otherwise herein provided. The date of the certificate shall be the date of the commencement of the

examination, and in the event examinations are conducted separately or over a period of days, then

the five-day (5) period above referred to (unless otherwise expressly provided) shall be measured

from the date of the commencement of the first examination. All certificates shall contain the

observations upon which judgments are based, and shall contain other information as the director

may by rule or regulation require.

     (f) Rights of patients. No patient admitted or certified to any facility under any provision

of this chapter shall be deprived of any constitutional, civil, or legal right, solely by reason of such

admission or certification nor shall the certification or admission modify or vary any constitutional

or civil right, including, but not limited to, the right or rights:

     (1) To privacy and dignity;

     (2) To civil service or merit rating or ranking and appointment;

     (3) Relating to the granting, forfeiture or denial of a license, permit, privilege, or benefit

pursuant to any law;

     (4) To religious freedom;

     (5) To be visited privately at all reasonable times by his or her personal physician, attorney,

and clergyperson, and by other persons at all reasonable times unless the official in charge of the

facility determines either that a visit by any of the other persons or a particular visitation time would

not be in the best interests of the patient and he or she incorporates a statement for any denial of

visiting rights in the individualized treatment record of the patient;

     (6) To be provided with stationery, writing materials, and postage in reasonable amounts

and to have free unrestricted, unopened, and uncensored use of the mails for letters;

     (7) To wear one’s own clothes, keep and use personal possessions, including toilet articles;

to keep and be allowed to spend a reasonable sum of money for canteen expenses and small

purchases; to have access to individual storage space for the person’s private use; and reasonable

access to telephones to make and receive confidential calls; provided, however, that any of these

rights may be denied for good cause by the official in charge of a facility or a physician designated

by him or her. A statement of the reasons for any denial shall be entered in the individualized

treatment record of the patient;

     (8) To seek independent psychiatric examination and opinion from a psychiatrist or mental

health professional of the patient’s choice;

     (9) To be employed at a gainful occupation insofar as the patient’s condition permits,

provided however, that no patient shall be required to perform labor;

     (10) To vote and participate in political activity;

     (11) To receive and read literature;

     (12) To have the least possible restraint imposed upon the person consistent with affording

him or her the care and treatment necessary and appropriate to the patient’s condition;

     (13) To have access to the mental health advocate upon request;

     (14) To prevent release of his or her name to the advocate or next of kin by signing a form

provided to all patients for that purpose at the time of admission;

     (15) To reasonable access to outdoor space with appropriate supervision as clinically

warranted, for individuals who have been hospitalized for thirty (30) consecutive calendar days. If

such access has been denied, a statement of the reasons for denial shall be entered in the

individualized treatment record of the patient after the first denial, which shall be reviewed and

documented at least weekly by the treatment team.

     (g) Records. A facility shall maintain for each patient admitted pursuant to this chapter, a

comprehensive medical record. The record shall contain a recorded, individualized treatment plan,

which shall at least monthly be reviewed by the physician of the facility who is chiefly responsible

for the patient’s care, notations of the reviews to be entered in the record. The records shall also

contain information indicating at the time of admission or certification what alternatives to

admission or certification are available to the patient; what alternatives have been investigated; and

why the investigated alternatives were not deemed suitable. The medical record shall further

contain other information as the director may by rule or regulation require.

     (h) Competence. A person shall not, solely by reason of the person’s admission or

certification to a facility for examination or care and treatment under the provisions of this chapter,

thereby be deemed incompetent to manage the person’s affairs; to contract; to hold or seek a

professional, occupational, or vehicle operator’s license; to make a will; or for any other purpose.

Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to

admission and retention, that any person applying for admission shall have the legal capacity to

contract, it being sufficient for the purpose, that the person understand the nature and consequence

of making the application.


 

 

 

382)

Section

Amended Chapter Numbers:

 

40.1-5-7

99 and 100

 

 

40.1-5-7. Emergency certification.

     (a) Applicants.

     (1) Any physician or licensed advanced practice registered nurse (APRN) as defined in §

40.1-5-2 who, after examining a person, has reason to believe that the person is in need of

immediate care and treatment, and is one whose continued unsupervised presence in the community

would create an imminent likelihood of serious harm by reason of psychiatric disability, may apply

at to a facility for the emergency certification of the person thereto. The medical director, or any

other physician, or a licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2

employed by the proposed facility for certification, may apply under this subsection if no other

physician or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2 is

available and the medical director or physician certifies this fact. If an examination is not possible

because of the emergency nature of the case and because of the refusal of the person to consent to

the examination, the applicant on the basis of his or her observation may determine, in accordance

with the above, that emergency certification is necessary and may apply therefor. In the event that

no physician or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2 is

available, a qualified mental health professional as defined herein who believes the person to be in

need of immediate care and treatment, and one whose continued unsupervised presence in the

community would create an imminent likelihood of serious harm by reason of psychiatric disability,

may make the application for emergency certification to a facility. Application shall in all cases be

made to the facility that, in the judgment of the applicant at the time of application, would impose

the least restraint on the liberty of the person consistent with affording the person the care and

treatment necessary and appropriate to the person’s condition.

     (2) Whenever an applicant who is not employed by a community mental health center

established pursuant to chapter 8.5 of this title, has reason to believe that either the Rhode Island

state psychiatric hospital or the Eleanor Slater hospital is the appropriate facility for the person, the

application shall be directed to the community mental health center that serves the area in which

the person resides, if the person is a Rhode Island resident, or the area in which the person is

physically present, if a nonresident, and the qualified mental health professional(s) at the center

shall make the final decision on the application to either the Rhode Island state psychiatric hospital

or the Eleanor Slater hospital or may determine whether some other disposition should be made.

     (b) Applications. An application for certification hereunder shall be in writing and filed

with the facility to which admission is sought. The application shall be executed within five (5)

days prior to the date of filing and shall state that it is based upon a personal observation of the

prospective patient by the applicant within the five-day (5) period. It shall include a description of

the applicant’s credentials and the behavior that constitutes the basis for his or her judgment that

the prospective patient is in need of immediate care and treatment and that a likelihood of serious

harm by reason of psychiatric disability exists, and shall include, as well, any other relevant

information that may assist the admitting physician and/or licensed advanced practice registered

nurse (APRN) as defined in § 40.1-5-2 at the facility to which application is made. The application

shall state whether the facility, in the judgment of the applicant at the time of application, would

impose the least restraint on the liberty of the person consistent with affording him or her the care

and treatment necessary and appropriate to his or her condition. Whenever practicable, prior to

transporting or arranging for the transporting of a prospective patient to a facility, the applicant

shall telephone or otherwise communicate with the facility to describe the circumstances and

known clinical history to determine whether it is the proper facility to receive the person, and to

give notice of any restraint to be used or to determine whether restraint is necessary.

     (c) Confirmation; discharge; transfer. Within one hour after reception at a facility, the

person regarding whom an application has been filed under this section shall be seen by a physician

or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2. As soon as

possible, but in no event later than twenty-four (24) hours after reception, a preliminary

examination and evaluation of the person by a psychiatrist, or a physician under the psychiatrist’s

supervision, and/or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2

shall begin. The psychiatrist, physician under the supervision of the psychiatrist, and/or licensed

advanced practice registered nurse (APRN) as defined in § 40.1-5-2 conducting the preliminary

examination and evaluation shall not be an applicant hereunder. The preliminary examination and

evaluation shall be completed within seventy-two (72) hours from its inception by the psychiatrist,

physician under the supervision of the psychiatrist, and/or licensed advanced practice registered

nurse (APRN) as defined in § 40.1-5-2. If the psychiatrist, physician under the supervision of the

psychiatrist, and/or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2

determines that the patient is not a candidate for emergency certification, the patient shall be

discharged. If the psychiatrist(s) psychiatrist, physician under the supervision of the psychiatrist,

and/or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2 determines that

the person who is the subject of the application is in need of immediate care and treatment and is

one whose continued unsupervised presence in the community would create an imminent likelihood

of serious harm by reason of psychiatric disability, the psychiatrist, physician under the supervision

of the psychiatrist, and/or licensed advanced practice registered nurse (APRN) as defined in § 40.1-

5-2 determines shall confirm the admission for care and treatment under this section of the person

to the facility, provided the facility is one that would impose the least restraint on the liberty of the

person consistent with affording the person the care and treatment necessary and appropriate to the

person’s condition and that no suitable alternatives to certification are available. If at any time the

official in charge of a facility, or the official’s designee, determines that the person is not in need

of immediate care and treatment, or is not one whose continued unsupervised presence in the

community would create an imminent likelihood of serious harm by reason of psychiatric disability,

or suitable alternatives to certification are available, the official shall immediately discharge the

person. In addition, the official may arrange to transfer the person to an appropriate facility if the

facility to which he or she has been certified is not one that imposes the least restraint on the liberty

of the person consistent with affording him or her the care and treatment necessary and appropriate

to his or her condition.

     (d) Custody. Upon the request of an applicant under this section, to be confirmed in

writing, it shall be the duty of any peace officer of this state or of any governmental subdivision

thereof to whom request has been made, to take into custody and immediately transport the person

to the designated facility for admission thereto.

     (e) Ex parte court order. An applicant under this section may present a petition to any

judge of the district court or any justice of the family court, in the case of a person who is the subject

of an application who has not yet attained his or her eighteenth birthday, for a warrant directed to

any peace officer of the state or any governmental subdivision thereof to take into custody the

person who is the subject of the application and immediately transport the person to a designated

facility. The application shall set forth that the person who is to be certified is in need of immediate

care and treatment and the person’s continued unsupervised presence in the community would

create an imminent likelihood of serious harm by reason of psychiatric disability, and the reasons

why an order directing a peace officer to transport the person to a designated facility is necessary.

     (f) Notification of rights. No person shall be certified to a facility under the provisions of

this section unless appropriate opportunity is given to apply for voluntary admission under the

provisions of § 40.1-5-6 and unless the person, or a parent, guardian, or next of kin, has been

informed, in writing, on a form provided by the department, by the official in charge of the facility:

(1) That he or she the person has a right to the voluntary admission; (2) That a person cannot be

certified until all available alternatives to certification have been investigated and determined to be

unsuitable; and (3) That the period of hospitalization or treatment in a facility cannot exceed ten

(10) days under this section, except as provided in subsection (g) of this section.

     (g) Period of treatment. A person shall be discharged no later than ten (10) days measured

from the date of his or her admission under this section, unless an application for a civil court

certification has been filed and set down for a hearing under the provisions of § 40.1-5-8, or the

person remains as a voluntary patient pursuant to § 40.1-5-6.


 

 

 

383)

Section

Amended Chapter Numbers:

 

40.1-5-8

99 and 100

 

 

40.1-5-8. Civil court certification.

     (a) Petitions. A verified petition may be filed in the district court, or family court in the

case of a person who has not reached his or her their eighteenth (18th) birthday, for the certification

to a facility of any person who is alleged to be in need of care and treatment in a facility, and whose

continued unsupervised presence in the community would create a likelihood of serious harm by

reason of psychiatric disability. The petition may be filed by any person with whom the subject of

the petition may reside; or at whose house the person may be; or the father or mother, husband or

wife, brother or sister, or the adult child of the person; the nearest relative if none of the above are

available; or the person’s guardian; or the attorney general; or a local director of public welfare; or

the director of the department of behavioral healthcare, developmental disabilities and hospitals;

the director of the department of human services; or the director of the department of corrections;

the director of the department of health; the warden of the adult correctional institutions; or the

superintendent of the boys Rhode Island training school for youth, or his or her designated agent;

or the director of any facility, or the facility director’s designated agent of any of the foregoing

departments or facilities, whether or not the person shall have been admitted and is a patient at the

time of the petition. A petition under this section shall be filed only after the petitioner has

investigated what alternatives to certification are available and determined why the alternatives are

not deemed suitable.

     (b) Contents of petition. The petition shall state that it is based upon a personal observation

of the person concerned by the petitioner within a ten-day (10) period prior to filing. It shall include

a description of the behavior that constitutes the basis for the petitioner’s judgment that the person

concerned is in need of care and treatment and that a likelihood of serious harm by reason of

psychiatric disability exists. In addition, the petitioner shall indicate what alternatives to

certification are available; what alternatives have been investigated; and why the investigated

alternatives are not deemed suitable.

     (c) Certificates and contents thereof. A petition hereunder shall be accompanied by the

certificates of two (2) physicians, at least one of whom shall be a psychiatrist, or one physician and

one licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2, unless the

petitioner is unable to afford, or is otherwise unable to obtain, the services of a physician or

physicians or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2 qualified

to make the certifications. The certificates shall be rendered pursuant to the provisions of § 40.1-5-

5, except when the patient is a resident in a facility, the attending physician and one other physician

at least one of whom shall be a psychiatrist, or the attending physician and a licensed advanced

practice registered nurse (APRN) as defined in § 40.1-5-2 from the facility may sign the certificates,

and shall set forth that the prospective patient is in need of care and treatment in a facility and

would likely benefit therefrom, and is one whose continued unsupervised presence in the

community would create a likelihood of serious harm by reason of psychiatric disability together

with the reasons therefor. The petitions and accompanying certificates shall be executed under

penalty of perjury, but shall not require the signature of a notary public thereon.

     (d) Preliminary hearing.

     (1) Upon a determination that the petition sets forth facts constituting reasonable grounds

to support certification, the court shall summon the person to appear before the court at a

preliminary hearing, scheduled no later than five (5) business days from the date of filing. This

hearing shall be treated as a priority on the court calendar and may be continued only for good

cause shown. In default of an appearance, the court may issue a warrant directing a police officer

to bring the person before the court.

     (2) At the preliminary hearing, the court shall serve a copy of the petition upon the person

and advise the person of the nature of the proceedings and of the person’s right to counsel. If the

person is unable to afford counsel, the court forthwith shall appoint the mental health advocate for

him or her. If the court finds that there is no probable cause to support certification, the petition

shall be dismissed, and the person shall be discharged unless the person applies for voluntary

admission. However, if the court is satisfied by the testimony that there is probable cause to support

certification, a final hearing shall be held not less than seven (7) days, nor more than twenty-one

(21) days, after the preliminary hearing, unless continued at the request of counsel for the person,

and notice of the date set down for the hearing shall be served on the person. Copies of the petition

and notice of the date set down for the hearing shall also be served immediately upon the person’s

nearest relatives or legal guardian, if known, and to any other person designated by the patient, in

writing, to receive copies of notices. The preliminary hearing can be waived by a motion of the

patient to the court if the patient is a resident of a facility.

     (e) Petition for examination.

     (1) Upon motion of either the petitioner or the person, or upon its own motion, the court

may order that the person be examined by a psychiatrist appointed by the court. The examination

may be conducted on an outpatient basis and the person shall have the right to the presence of

counsel while it is being conducted. A report of the examination shall be furnished to the court, the

petitioner, and the person and his or her counsel at least forty-eight (48) hours prior to the hearing.

     (2) If the petition is submitted without two (2) physicians’ certificates as required under

subsection (c), the petition shall be accompanied by a motion for a psychiatric examination to be

ordered by the court. The motion shall be heard on the date of the preliminary hearing set by the

court pursuant to subsection (d), or as soon thereafter as counsel for the subject person is engaged,

appointed, and ready to proceed. The motion shall be verified or accompanied by affidavits and

shall set forth facts demonstrating the efforts made to secure examination and certification by a

physician or physicians pursuant to § 40.1-5-8(c) subsection (c) and shall indicate the reasons why

the efforts failed.

     (3) After considering the motion and testimony as may be offered on the date of hearing

the motion, the court may deny the application and dismiss the petition, or upon finding: (i) That

there is a good cause for the failure to obtain one or more physician’s certificates in accordance

with subsection (c); and (ii) That there is probable cause to substantiate the allegations of the

petition, the court shall order an immediate examination by two (2) qualified psychiatrists, or by

one psychiatrist and one physician, or by one physician and one licensed advanced practice

registered nurse (APRN) as defined in § 40.1-5-2 pursuant to subsection (e)(1).

     (f) Professional assistance. A person with respect to whom a court hearing has been

ordered under this section shall have, and be informed of, a right to employ a mental health

professional of the person’s choice to assist the person in connection with the hearing and to testify

on the person’s behalf. If the person cannot afford to engage such a professional, the court shall,

on application, allow a reasonable fee for the purpose.

     (g) Procedure. Upon receipt of the required certificates and/or psychiatric reports as

applicable hereunder, the court shall schedule the petition for final hearing unless, upon review of

the reports and certificates, the court concludes that the certificates and reports do not indicate, with

supporting reasons, that the person who is the subject of the petition is in need of care and treatment;

that his or her unsupervised presence in the community would create a likelihood of serious harm

by reason of psychiatric disability; and that all alternatives to certification have been investigated

and are unsuitable, in which event the court may dismiss the petition.

     (h) Venue. An application for certification under this section shall be made to, and all

proceedings pursuant thereto shall be conducted in, the district court, or family court in the case of

a person who has not yet reached his or her eighteenth (18th) birthday, of the division or county in

which the subject of an application may reside or may be, or when the person is already a patient

in a facility, in the district court or family court of the division or county in which the facility is

located, subject, however, to application by any interested party for change of venue because of

inconvenience of the parties or witnesses or the condition of the subject of the petition or other

valid judicial reason for the change of venue.

     (i) Hearing. A hearing scheduled under this section shall be conducted pursuant to the

following requirements:

     (1) All evidence shall be presented according to the usual rules of evidence that apply in

civil, non-jury cases. The subject of the proceedings shall have the right to present evidence in his

or her own behalf and to cross examine all witnesses against him or her, including any physician

or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2 who has completed

a certificate or filed a report as provided hereunder. The subject of the proceedings shall have the

further right to subpoena witnesses and documents, the cost of such to be borne by the court where

the court finds upon an application of the subject that the person cannot afford to pay for the cost

of subpoenaing witnesses and documents. The court shall utilize the generally applicable rules of

evidence for civil, non-jury cases to determine the admissibility of evidence at the hearing,

including the qualification and requirements for expert witnesses. The authority given to APRNs

to file petitions under this chapter shall not be determinative of their qualification as an expert

witness.

     (2) A verbatim transcript or electronic recording shall be made of the hearing that shall be

impounded and obtained or examined only with the consent of the subject thereof (or in the case of

a person who has not yet attained his or her their eighteenth (18th) birthday, the person’s parent,

guardian, or next of kin) or by order of the court.

     (3) The hearing may be held at a location other than a court, including any facility where

the subject may currently be a patient, where it appears to the court that holding the hearing at

another location would be in the best interests of the subject thereof.

     (4) The burden of proceeding and the burden of proof in a hearing held pursuant to this

section shall be upon the petitioner. The petitioner has the burden of demonstrating that the subject

of the hearing is in need of care and treatment in a facility; is one whose continued unsupervised

presence in the community would create a likelihood of serious harm by reason of psychiatric

disability; and what alternatives to certification are available, what alternatives to certification were

investigated, and why these alternatives were not deemed suitable.

     (5) The court shall render a decision within forty-eight (48) hours after the hearing is

concluded.

     (j) Order. If the court at a final hearing finds by clear and convincing evidence that the

subject of the hearing is in need of care and treatment in a facility, and is one whose continued

unsupervised presence in the community would, by reason of psychiatric disability, create a

likelihood of serious harm, and that all alternatives to certification have been investigated and

deemed unsuitable, it shall issue an order committing the person to the custody of the director for

care and treatment or to an appropriate facility. In either event, and to the extent practicable, the

person shall be cared for in a facility that imposes the least restraint upon the liberty of the person

consistent with affording the person the care and treatment necessary and appropriate to the

person’s condition. No certification shall be made under this section unless and until full

consideration has been given by the certifying court to the alternatives to in-patient care, including,

but not limited to, a determination of the person’s relationship to the community and to the person’s

family; of his or her employment possibilities; and of all available community resources, alternate

available living arrangements, foster care, community residential facilities, nursing homes, and

other convalescent facilities. A certificate ordered pursuant to this section shall be valid for a period

of six (6) months from the date of the order. At the end of that period the patient shall be discharged,

unless the patient is discharged prior to that time, in which case the certification shall expire on the

date of the discharge.

     (k) Appeals.

     (1) A person certified under this section and/or a person with regard to whom a petition for

instructions is granted pursuant to § 40.1-5-8(l) shall have a right to appeal from a final hearing to

the supreme court of the state within thirty (30) days of the entry of an order of certification and/or

instructions. The person shall have the right to be represented on appeal by counsel of his or her

choice or by the mental health advocate if the supreme court finds that the person cannot afford to

retain counsel. Upon a showing of indigency, the supreme court shall permit an appeal to proceed

without payment of costs, and a copy of the transcript of the proceedings below shall be furnished

to the subject of the proceedings, or to the person’s attorney, at the expense of the state. The

certifying court hearing judge shall advise the person of all the person’s rights pursuant to this

section immediately upon the entry of an order of certification.

     (2) Appeals under this section shall be given precedence, insofar as practicable, on the

supreme court dockets. The district and family courts shall promulgate rules with the approval of

the supreme court to insure the expeditious transmission of the record and transcript in all appeals

pursuant to this chapter.

     (l) Submission to NICS database.

     (1) The district court shall submit the name, date of birth, gender, race or ethnicity, and

date of civil commitment to the National Instant Criminal Background Check System (NICS)

database of all persons subject to a civil court certification order pursuant to this section within

forty-eight (48) hours of certification.

     (2) Any person affected by the provisions of this section, after the lapse of a period of three

(3) years from the date such civil certification is terminated, shall have the right to appear before

the relief from disqualifiers board.

     (3) Upon notice of a successful appeal pursuant to subsection (k), the district court shall,

as soon as practicable, cause the appellant’s record to be updated, corrected, modified, or removed

from any database maintained and made available to the NICS and reflect that the appellant is no

longer subject to a firearms prohibition as it relates to 18 U.S.C. § 922(d)(4) and 18 U.S.C. §

922(g)(4).

     (m) Equitable authority. (1) In addition to the powers heretofore exercised enumerated in

this section, the district and family courts are hereby empowered, in furtherance of their jurisdiction

under this chapter title including, but not limited to, chapters 5, 5.3, and/or 22 of this title 40.1, to

grant petitions for instructions for the provision or withholding of medical and/or psychiatric

treatment as justice and equity may require.

     (2) In addition to the authority described in subsection (m)(1) of this section, the district

and family courts shall have authority to grant petitions for instructions for the provision or

withholding of medical and/or psychiatric treatment as justice and equity may require with regard

to:

     (i) Persons who are detainees or inmates at the adult correctional institutions who have a

psychiatric disability; or

     (ii) Persons Who who are residents of the Rhode Island training school for youth who

have a psychiatric disability.

     (3) In order to grant relief under subsection (m)(1) or (m)(2) of this section, the hearing

judge shall find by clear and convincing evidence that:

     (i) The person who is subject to the petition has a psychiatric or developmental and/or

intellectual disability;

     (ii) The person who is subject to the petition is unable to provide or withhold informed

consent as to the treatment(s) prayed for in the petition;

     (iii) The person who is subject to the petition does not have a known representative who

has the legal authority to provide or withhold informed consent on the person’s behalf; and

     (iv) To a reasonable degree of medical certainty, the benefits of the proposed treatment(s)

outweigh the risks.


 

 

 

384)

Section

Amended Chapter Numbers:

 

40.1-5-9

99 and 100

 

 

40.1-5-9. Right to treatment — Treatment plan.

     (a) Any person who is a patient in a facility pursuant to this chapter shall have a right to

receive the care and treatment that is necessary for and appropriate to the condition for which he or

she was admitted or certified and from which he or she can reasonably be expected to benefit. Each

patient shall have an individualized treatment plan. This plan shall be developed by appropriate

mental health professionals, including a psychiatrist and/or licensed advanced practice registered

nurse (APRN) as defined in § 40.1-5-2, and implemented as soon as possible — in any event no

later than five (5) days after a patient’s voluntary admission or involuntary court certification. Each

individual treatment plan shall be made in accordance with the professional regulations of each

facility, and by way of illustration and, not limited to the following, shall contain:

     (1) A statement of the nature of the specific problems and specific needs of the patient;

     (2) A statement of the least restrictive treatment conditions necessary to achieve the

purposes of certification or admission;

     (3) A description of intermediate and long-range treatment goals; and

     (4) A statement and rationale for the plan of treatment for achieving these intermediate and

long-range goals.

     (b) The individualized treatment plan shall become part of the patient’s record in

accordance with § 40.1-5-5(g), and the subject of periodic review in accordance with § 40.1-5-10.

In implementing a treatment plan on behalf of any patient, the official in charge of any facility, or

his or her designee(s), may, when it is warranted, authorize the release of the patient for such

periods of time and under such terms and conditions that he or she deems appropriate.


 

 

 

385)

Section

Amended Chapter Numbers:

 

40.1-5-10

99 and 100

 

 

40.1-5-10. Periodic institutional review proceedings.

     (a) In general. Each patient admitted or certified to a facility pursuant to the provisions of

this chapter shall be the subject of a periodic review of his or her condition and status to be

conducted by a review committee composed of at least one psychiatrist, or licensed advanced

practice registered nurse (APRN) as defined in § 40.1-5-2, and other mental health professionals

involved in treating the patient. The committee shall be composed of no fewer than three (3) persons

and shall be appointed by the director of the facility or his or her designated agent. The reviews

shall minimally involve an evaluation of the quality of care the patient is receiving, including an

evaluation of the patient’s treatment plan, and the making of any recommendations for the

improvement of the care or for the revision of the treatment plan, including alternative available

living arrangements, foster care, community residential facilities, nursing homes, and other

convalescent facilities. At every fourth review, one member of the committee shall be a member of

the hospital’s facility's utilization review committee appointed by that committee’s chairperson.

     (b) Frequency. The review proceedings shall take place at least once within each ninety-

day-(90)period (90) during which a person is a patient in the facility.

     (c) Results of review. The results of each review shall be entered in the patient’s medical

record, presented orally to the patient within twenty-four (24) hours, and confirmed by written

notice to the patient and his or her guardian, or with the patient’s consent, to his or her next of kin,

within seventy-two (72) hours. In the event the director of the facility is not a member of the

committee, the notice shall be transmitted to him or her as well. Where the committee determines

that further care in the facility is required, the notice to the patient shall include an explanation of

the patient’s rights to pursue discharge as elsewhere provided in this chapter.


 

 

386)

Section

Amended Chapter Numbers:

 

40.1-5-11

99 and 100

 

 

40.1-5-11. Discharge — Recertification.

     (a) The official in charge of any facility, or his or her designated agent, on having his or

her reasons noted on the patient’s records, shall discharge any patient certified or admitted pursuant

to the provisions of this chapter, when:

     (1) Suitable alternatives to certification or admission are available;

     (2) The patient is, in the judgment of the official, recovered;

     (3) The patient is not recovered, but discharge, in the judgment of the official, will not

create a likelihood of serious harm by reason of psychiatric disability.

     (b) When a patient discharge is requested and if the discharge is denied, the reasons therefor

shall be stated, in writing, and noted in the patient’s record and a copy thereof shall be given to the

person applying for the release.

     (c) At the expiration of the six-month (6) period set forth in § 40.1-5-8(j), or any subsequent

six-month (6) period following recertification pursuant to this section, the patient shall be

unconditionally released unless a recertification petition is filed by the official in charge of a

facility, or his or her designated agent, within no less than fifteen (15) days seven (7) and no more

than thirty (30) days prior to the scheduled expiration date of a six-month (6) period. A hearing

must be held pursuant to the petition and a decision rendered before the expiration of the six-month

(6) period. A recertification hearing shall follow all of the procedures set forth in § 40.1-5-8 and

recertification may be ordered only if the petitioner proves by clear and convincing evidence that

the conduct and responses of the patient during the course of the previous six-month (6) period

indicate that the patient is presently in need of care and treatment in a facility; is one whose

continued unsupervised presence in the community would create a likelihood of serious harm by

reason of psychiatric disability; and that all alternatives to recertification have been investigated

and deemed unsuitable.


 

 

387)

Section

Repealed Chapter Numbers:

 

40.1-8

61 and 62

 

 

40.1-8. [Repealed]


 

 

 

388)

Section

Repealed Chapter Numbers:

 

40.1-8-1

61 and 62

 

 

40.1-8-1. [Repealed]


 

 

389)

Section

Repealed Chapter Numbers:

 

40.1-8-2

61 and 62

 

 

40.1-8-2. [Repealed]


 

 

390)

Section

Repealed Chapter Numbers:

 

40.1-8-3

61 and 62

 

 

40.1-8-3. [Repealed]


 

 

 

 

 

391)

Section

Repealed Chapter Numbers:

 

40.1-8-4

61 and 62

 

 

40.1-8-4. [Repealed]


 

 

 

392)

Section

Repealed Chapter Numbers:

 

40.1-8-5

61 and 62

 

 

40.1-8-5. [Repealed]


 

 

 

393)

Section

Repealed Chapter Numbers:

 

40.1-8-6

61 and 62

 

 

40.1-8-6. [Repealed]


 

 

 

394)

Section

Amended Chapter Numbers:

 

40.1-21-4.3

61 and 62

 

 

40.1-21-4.3. Definitions.

     As used in this chapter and in chapter 22 of this title the words:

     (5)(1) “Developmentally disabled adult” "Adult with intellectual or developmental

disabilities" means a person, eighteen (18) years old or older and not under the jurisdiction of the

department of children, youth and families who is either a mentally retarded developmentally

disabled an adult with intellectual or developmental disabilities or is a person with a severe, chronic

disability that:

     (i) Is attributable to a mental or physical impairment or combination of mental and physical

impairments;

     (ii) Is manifested before the person attains age twenty-two (22);

     (iii) Is likely to continue indefinitely;

     (iv) Results in substantial functional limitations in three (3) or more of the following areas

of major life activity:

     (A) Self care;

     (B) Receptive and expressive language;

     (C) Learning;

     (D) Mobility;

     (E) Self-direction;

     (F) Capacity for independent living;

     (G) Economic self-sufficiency; and

     (v) Reflects the person’s need for a combination and sequence of special, interdisciplinary,

or generic care, treatment, or other services that are of lifelong or extended duration and are

individually planned and coordinated. For purposes of funding, it is understood that students

enrolled in school will continue to receive education from their local education authority in

accordance with § 16-24-1 et seq.

     (vi) In addition, the words “adult with intellectual or developmental disabilities” also

means a person eighteen (18) years old or older and not under the jurisdiction of the department of

children, youth and families, with significant sub-average, general intellectual functioning two (2)

standard deviations below the norm, existing concurrently with deficits in adaptive behavior and

manifested during the developmental period. For purposes of funding, it is understood that students

enrolled in school will continue to receive education from their local education authority in

accordance with § 16-21 24-1 16-24-1 et seq.

     (1)(2) “Ancillary services” means those services provided, and shall include, but not be

limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker

services.

     (2)(3) “Case management” means the implementation of an individual’s program by

providing information, by referral to appropriate service providers, by procurement of services, and

by the coordination of the necessary services.

     (3)(4) “Department” means the Rhode Island department of behavioral healthcare,

developmental disabilities and hospitals.

     (4)(5) “Developmental services” means those services provided to developmentally

disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, and

day services.

     (6) “Diagnosis and evaluation” means a process to determine whether and to what extent

an individual is intellectually or developmentally disabled and a study of the individual’s condition,

situation, and needs that lead to a recommendation of what services, if any, would benefit the

individual.

     (7) “Individualized program plan” or “general service plan” means a plan, however named,

that includes, but shall not be limited to, the following:

     (i) An evaluation of the strengths, difficulties, needs, and goals of the individual;

     (ii) A description of those services found to be necessary or appropriate to assist the

individual in realizing his or her the individual’s potential for self-sufficiency in major life

activities;

     (iii) A description of the agencies and/or individuals, who or that are proposed to provide

each of the recommended services;

     (iv) The intermediate and long-range objectives for the individual’s development and

habilitation;

     (v) The expected duration for the provision of the services;

     (vi) A description of the tests and other evaluative devices used and their results;

     (vii) Proposed criteria for monitoring and evaluating the success of the services in meeting

the individual’s needs; and

     (viii) The signatures of the preparers of the plan and the date.

     The individual individualized program plan shall indicate developmental, supportive, or

ancillary services by function and frequency, the manner of subsidy and delivery and the categories

of need for services such as transportation, job training, or occupation, housing, housing adaptation,

personal attendant care, homemaker, or other services. This plan shall be reviewed at least annually;

provided, however, that authorizations for services and funding issued prior to July 1, 2011, are

null and void. Authorizations will be paid at the rate effective in the quarter the service was

provided.

     (8) “Mentally retarded developmentally disabled adult” means a person eighteen (18) years

old or older and not under the jurisdiction of the department of children, youth and families, with

significant sub-average, general intellectual functioning two (2) standard deviations below the

norm, existing concurrently with deficits in adaptive behavior and manifested during the

developmental period. For purposes of funding, it is understood that students enrolled in school

will continue to receive education from their local education authority in accordance with § 16-

24-1 et seq.

     (9)(8) “Service broker” means that individual who assists in facilitating the connection

between the developmentally disabled person with intellectual or developmental disabilities and

the services required by the individual individualized program plan.

     (10)(9) “Subsidized access to service” means the provisions of financial resources through

vouchers to a developmentally disabled person with intellectual or developmental disabilities to

enable the person to gain access to appropriate generic and/or special services as required by the

individual individualized program plan.

     (11)(10) “Supportive services” means those services provided to developmentally disabled

adults with intellectual or developmental disabilities, and shall include, but not be limited to,

occupational therapy, physical therapy, psychological services, counseling, nursing services, and

medical services.


 

 

 

395)

Section

Amended Chapter Numbers:

 

40.1-21-11

61 and 62

 

 

40.1-21-11. References to director or assistant director of social welfare.

     Whenever, in any general or special law, reference is or shall be made to the director of

social welfare or the assistant director of social welfare for curative services pertaining to the

Doctor Joseph H. Ladd Center, programs, and services for people who are mentally retarded with

intellectual or developmental disabilities, the reference shall mean, and be construed to mean, the

director of behavioral healthcare, developmental disabilities and hospitals.


 

 

 

396)

Section

Amended Chapter Numbers:

 

40.1-22-3

61 and 62

 

 

40.1-22-3. Definitions.

     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated

pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly

stated, or unless the context or subject matter otherwise requires:

     (1) “Client” means any developmentally disabled adult who is in potential need of, or is

receiving, services aimed at alleviating his or her condition of functional dependence.

     (2) “Department” means the department of behavioral healthcare, developmental

disabilities and hospitals.

     (3) “Development, education, rehabilitation, and care” means physical development,

application of these abilities to meaningful occupations, development of personal and social skills,

all of which are directed to the objective of independent living and self-maintenance. Care also

includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and

maintenance furnished to a resident.

     (4) “Director” means the director of the department of behavioral healthcare,

developmental disabilities and hospitals or his or her the director’s designees.

     (5) “Facility” means any public or private facility, inpatient rehabilitation center, hospital,

institution, or other domiciliary facility, the office of developmental disabilities or any part thereof,

equipped to habilitate, on a residential basis, persons who are intellectually or developmentally

disabled and in need of residential care. This shall include any facility maintaining adequate staff

and facilities within the state providing in-residence supervision and habilitation and approved by

the director upon application of the facility. Included within this definition shall be all institutions

and facilities under the control and direction of the director. Nothing contained herein shall be

construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter

15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought

to the attention of the director that any private facility may not have adequate staff, or facilities as

determined by regulations of the director, then the facility shall not be approved for the placement

of developmentally disabled adults with intellectual or developmental disabilities under the

provisions of this chapter.

     (6) “Notice” means written notice in as simple and non-technical language as practicable

as required by the department, or the court of competent jurisdiction. The notice shall be in writing

to the director of the department by registered or certified mail, return receipt required. Notice sent

to a client shall also include verbal reading of the written notice by duly authorized agents of the

department, and/or court. The agents shall make verified return of the oral notification as well as

the written. This requirement of oral notice to anyone alleged to be intellectually or

developmentally disabled shall be required because of the recognized limitation that many retarded

and developmentally disabled persons with intellectual or developmental disabilities are unable to

comprehend written notices.

     (7) “Objection.” If an objection is raised it shall be in writing, of a timely nature, and filed

with the clerk of the family or district court, a copy of which is to be sent to the director of the

department via registered or certified mail, return receipt requested.

     (8) “Parent” means the natural, adoptive, foster parent, or caretaker of the child.

     (9) “Qualified intellectual disability professional (QIDP)” means a person as defined in 42

C.F.R. 483.430, as amended.

     (10) “Team” means an interdisciplinary team which includes such professional personnel

designated by the director and which shall consist of no less than three (3) persons selected by order

of the director, no less than one of whom shall be a licensed physician, no less than one of whom

shall be a member of the social work profession, and no less than one of whom shall be a qualified

intellectual disability professional (QIDP).


 

 

 

397)

Section

Amended Chapter Numbers:

 

40.1-22-9

61 and 62

 

 

40.1-22-9. Admission upon application of director, relative, or guardian.

     (a)(1) Upon the application of the director of the department of behavioral healthcare,

developmental disabilities and hospitals or his or her the director’s designee, or of any relative,

next of kin, or legally designated guardian of a person alleged to be developmentally disabled, and

in need of immediate care and treatment, the superintendent or other official in charge of any

facility may receive the person; provided the application is accompanied by the certificate of one

examining physician; provided further, that the person alleged to be intellectually or

developmentally disabled does not object to admission, or that parents, guardian, spouse, or next

of kin do not object if under eighteen (18); and provided further, that the need for residential care

shall be confirmed by the facility by a team examination within twenty (20) days of admission.

     (2) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin,

then the matter shall be heard as provided in § 40.1-22-10, so far as possible.

     (b) If upon examination at the facility by a team the need of the client for residential care

and treatment is not confirmed, the client shall be discharged.

     (c) If upon examination by a team at the facility the need of the client for residential care

and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then

he or she the person shall be considered a voluntary client as of the date of his or her the person

so agreeing.

     (d) If upon examination at the facility the need of the client for residential care and

treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the

facility as a voluntary client, then the certificate of a team supporting the application shall be filed

with the facility. The team may be on the staff of any facility as herein defined, but persons on this

team shall have no interest, directly or indirectly, in the assets or estate of the person who is

mentally retarded with intellectual or developmental disabilities, nor shall they be related to the

person by blood or marriage. The examination and certification shall be made no later than ten (10)

days from the date of the confirmation of the client’s need for hospitalization, care, and treatment

at the facility.

     (e) From the time of his or her the person’s admission under the previous subsection, the

retention of the person for residential care and treatment shall be subject to the provisions for notice,

hearing, review, and judicial approval of continued retention or transfer and continued retention as

provided in this chapter. For the purposes of subsections (d) and (e) of this section, the date of

admission of the client shall be deemed to be the date of the second examination and certification.

     (f) Failure to obtain the second certificate as required within the period specified shall result

in the discharge of the client no later than twenty (20) days after his or her the person’s original

admission to the facility under the provisions of this chapter.


 

 

 

398)

Section

Chapter Numbers:

 

40.1-24.5-1

61 and 62 Section 8

 

 

40.1-24.5-1. Definitions.

     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated

pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare,

developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly

stated, or unless the context or subject matter otherwise requires:

     (1) “Community residence” means a place, such as a group home, however named, licensed

pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological

support, skills training, social guidance, and living accommodations to individuals who are

mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be

deemed to include places, however named, for persons who are mentally retarded with intellectual

or developmental disabilitiesalcoholics, or drug abusers or persons with substance use disorders.

     (2) “Director” means the head or the chief administrative officer of the community

residence, or his or her the director’s designee.

     (3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to

enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and

40.1-24.5-6.

     (4) “Individualized service plan” means the document that sets forth specific services, such

as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and

express short- and long-term goals and objectives responsive to the individual needs of the resident.

     (5) “Mental health advocate” means and refers to the individual appointed by the governor

with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her the

advocate’s duly appointed assistants.

     (6) “Person” means any individual, partnership, corporation, company, or association and

the legal successors in interest thereof.

     (7) “Resident” means an individual of lawful age admitted to a community residence.


 

 

 

399)

Section

Chapter Numbers:

 

40.1-24.5-1

61 and 62 Section 11

 

 

40.1-24.5-1. Definitions.

     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated

pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare,

developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly

stated, or unless the context or subject matter otherwise requires:

     (1) “Community residence” means a place, such as a group home, however named, licensed

pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological

support, skills training, social guidance, and living accommodations to individuals who are

mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be

deemed to include places, however named, for persons who are mentally retarded with intellectual

or developmental disabilitiesalcoholics, or drug abusers or persons with substance use disorders.

     (2) “Director” means the head or the chief administrative officer of the community

residence, or his or her the director’s designee.

     (3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to

enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and

40.1-24.5-6.

     (4) “Individualized service plan” means the document that sets forth specific services, such

as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and

express short- and long-term goals and objectives responsive to the individual needs of the resident.

     (5) “Mental health advocate” means and refers to the individual appointed by the governor

with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her the

advocate’s duly appointed assistants.

     (6) “Person” means any individual, partnership, corporation, company, or association and

the legal successors in interest thereof.

     (7) “Resident” means an individual of lawful age admitted to a community residence.


 

 

 

400)

Section

Amended Chapter Numbers:

 

42-11-2

201 and 202

 

 

42-11-2. Powers and duties of department.

     The department of administration shall have the following powers and duties:

     (1) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

     (2) To administer the budget for all state departments and agencies, except as specifically

exempted by law;

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and

services needed by state departments and agencies, except as specifically exempted by law;

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

     (6) To supervise and control the advertising for bids and awards for state purchases;

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

buildings, the control of which is vested by law in some other agency;

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

property, real and personal;

     (10) To require reports from state agencies on the buildings and property in their custody;

     (11) To issue regulations to govern the protection and custody of the property of the state;

     (12) To assign office and storage space and to rent and lease land and buildings for the use

of the several state departments and agencies in the manner provided by law;

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

     (14) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

     (15) To furnish the several departments and agencies of the state with other essential office

services;

     (16) To survey and examine the administration and operation of the state departments and

agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

     (17) To operate a merit system of personnel administration and personnel management as

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

agencies within the classified service;

     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department;

     (19) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff assistance

in methods, systems and programming work to other state agencies, and arrange for and effect the

centralization and consolidation of punch card and electronic data processing equipment and

services in order to obtain maximum utilization and efficiency;

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the database used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

participation of the various municipalities of this state in this system by providing technical or other

appropriate assistance toward establishing, within those municipalities, compatible information

systems in order to obtain the maximum effectiveness in the management of public resources;

     (i) The comprehensive and coordinated statewide information system may include a Rhode

Island geographic information system of land-related economic, physical, cultural and natural

resources.

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support;

     (21) To administer a statewide planning program including planning assistance to the state

departments and agencies;

     (22) To administer a statewide program of photography and photographic services;

     (23) To negotiate with public or private educational institutions in the state, in cooperation

with the department of health, for state support of medical education;

     (24) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

     (25) To approve costs as provided in § 23-19-32;

     (26) To provide all necessary civil service tests for child protective investigators and

individuals seeking employment as social workers at the department of human services at least

twice each year and to maintain an adequate hiring list for these positions this position at all times;

     (27)(ai) To prepare a report every three (3) months by of all current property leases or

rentals by any state or quasi-state agency to include the following information:

     (iA) Name of lessor;

     (iiB) Description of the lease (purpose, physical characteristics, and location);

     (iiiC) Cost of the lease;

     (ivD) Amount paid to date;

     (vE) Date initiated;

     (viF) Date covered by the lease.

     (bii) To prepare a report by October 31, 2014, of all current property owned by the state or

leased by any state agency or quasi-state agency to include the following information:

     (iA) Total square feet for each building or leased space;

     (iiB) Total square feet for each building and space utilized as office space currently;

     (iiiC) Location of each building or leased space;

     (ivD) Ratio and listing of buildings owned by the state versus leased;

     (vE) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (viF) Expiration dates of leases;

     (viiG) Number of workstations per building or leased space;

     (viiiH) Total square feet divided by number of workstations;

     (ixI) Total number of vacant workstations;

     (xJ) Percentage of vacant workstations versus total workstations available;

     (xiK) Date when an action is required by the state to renew or terminate a lease;

     (xiiL) Strategic plan for leases commencing or expiring by June 30, 2016;

     (xiiiM) Map of all state buildings which provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per building

and total number of vacant seats per building; and

     (xivN) Industry benchmark report which shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (28) To prepare a report to the chairs of the house and senate finance committees by

December 15, 2021, and each year thereafter of all current property owned by the state or leased

by any state agency or quasi-state agency to include the following information:

     (i) Total square feet for each building or leased space;

     (ii) Total square feet for each building and space utilized as office space currently;

     (iii) Location of each building or leased space;

     (iv) Ratio and listing of buildings owned by the state versus leased;

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (vi) Expiration dates of leases;

     (vii) Number of workstations per building or leased space;

     (viii) Total square feet divided by number of workstations;

     (ix) Total number of vacant workstations;

     (x) Percentage of vacant workstations versus total workstations available;

     (xi) Date when an action is required by the state to renew or terminate a lease;

     (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each

subsequent year thereafter;

     (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number

of square feet, total operating cost, date each lease expires, number of persons per building and

total number of vacant seats per building; and

     (xiv) Industry benchmark report that shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (29) To provide by December 31, 1995, the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that payment

generates one thousand (1,000) or more such payments each month;

     (30) To encourage municipalities, school districts, and quasi-public agencies to achieve

cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

by entering into collaborative agreements with other municipalities, districts, or agencies. To assist

in determining whether the benefit levels including employee cost sharing and unit costs of such

benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies

as compared with state benefit levels and costs; and

     (31) To administer a health benefit exchange in accordance with chapter 157 of this title.


 

 

401)

Section

Amended Chapter Numbers:

 

42-12.3-3

17 and 18

 

 

42-12.3-3. Medical assistance expansion for  pregnancy women/RIte Start.

     (a) The secretary of the executive office of health and human services is authorized to

amend its Title XIX state plan pursuant to Title XIX of the Social Security Act to provide Medicaid

coverage and to amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to

provide medical assistance coverage through expanded family income disregards for pregnant

women persons whose family income levels are between one hundred eighty-five percent (185%)

and two hundred fifty percent (250%) of the federal poverty level. The department is further

authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396

et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to

implement said state plan amendment. The services provided shall be in accord with Title XIX [42

U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act.

     (b) The secretary of health and human services is authorized and directed to establish a

payor of last resort program to cover prenatal, delivery and postpartum care. The program shall

cover the cost of maternity care for any woman person who lacks health insurance coverage for

maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et

seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited

to, a noncitizen pregnant woman person lawfully admitted for permanent residence on or after

August 22, 1996, without regard to the availability of federal financial participation, provided such

pregnant woman person satisfies all other eligibility requirements. The secretary shall promulgate

regulations to implement this program. Such regulations shall include specific eligibility criteria;

the scope of services to be covered; procedures for administration and service delivery; referrals

for non-covered services; outreach; and public education. Excluded services under this subsection

will include, but not be limited to, induced abortion except in cases of rape or incest or to save the

life of the pregnant individual.

     (c) The secretary of health and human services may enter into cooperative agreements with

the department of health and/or other state agencies to provide services to individuals eligible for

services under subsections (a) and (b) above.

     (d) The following services shall be provided through the program:

     (1) Ante-partum and postpartum care;

     (2) Delivery;

     (3) Cesarean section;

     (4) Newborn hospital care;

     (5) Inpatient transportation from one hospital to another when authorized by a medical

provider; and

     (6) Prescription medications and laboratory tests.

     (e) The secretary of health and human services shall provide enhanced services, as

appropriate, to pregnant women persons as defined in subsections (a) and (b), as well as to other

pregnant women persons eligible for medical assistance. These services shall include: care

coordination; nutrition and social service counseling; high-risk obstetrical care; childbirth and

parenting preparation programs; smoking cessation programs; outpatient counseling for drug-

alcohol use; interpreter services; mental health services; and home visitation. The provision of

enhanced services is subject to available appropriations. In the event that appropriations are not

adequate for the provision of these services, the executive office has the authority to limit the

amount, scope, and duration of these enhanced services.

     (f) The executive office of health and human services shall provide for extended family

planning services for up to twenty-four (24) months postpartum. These services shall be available

to women persons who have been determined eligible for RIte Start or for medical assistance under

Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security

Act.

     (g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or

for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant

(including during a period of retroactive eligibility), are eligible for full Medicaid benefits through

the last day of the month in which their twelve-month (12) postpartum period ends. This benefit

will be provided to eligible Rhode Island residents without regard to the availability of federal

financial participation. The executive office of health and human services is directed to ensure that

federal financial participation is used to the maximum extent allowable to provide coverage

pursuant to this section, and that state-only funds will be used only if federal financial participation

is not available.

     (h) Any person eligible for services under subsections (a) and (b) of this section, or

otherwise eligible for medical assistance under title Title XIX [42 U.S.C. § 1396 et seq.] and title

Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act, shall also be entitled to services

for any termination of pregnancy permitted under § 23-4.13-2; provided, however, that no federal

funds shall be used to pay for such services, except as authorized under federal law.


 

 

 

402)

Section

Added Chapter Numbers:

 

42-14.5-3.1

214 and 215

 

 

42-14.5-3.1. Reporting changes in federal law.

     If any provision of the federal Patient Protection and Affordable Care Act and/or its

implementing regulations relating to coverage for essential health benefits or preventive services

are determined by the commissioner to have been repealed or to have been declared invalid or

nullified by the final judgment of a federal court applicable to the state or by executive or

administrative action, which shall be deemed to include an action of the executive or judicial branch

that nullifies the effectiveness of the provision, such that the commissioner intends to take action

pursuant to the authority conferred on him or her pursuant to the authority granted by §§ 27-18.5-

11, 27-18.6-3.2, or 27-50-18, the commissioner shall report to the general assembly as soon as

possible to describe the impact of the change and to make recommendations regarding consumer

protections, consumer choices, and stabilization and affordability of the Rhode Island insurance

market.


 

 

 

403)

Section

Amended Chapter Numbers:

 

42-17.1-2

281 and 282

 

 

42-17.1-2. Powers and duties.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

bureaus;

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

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

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

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

and recreation;

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

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

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

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

law relating to the division of harbors and rivers;

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

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

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

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

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

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

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

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

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

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

and recreation;

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

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

203 of the Public Laws, 1960;

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

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

limited;

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

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

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

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

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

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

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

department as the corporation shall reasonably require for its operation;

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

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

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

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

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

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

the development and implementation of comprehensive programs for dredging as provided for in

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

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

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

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

council under chapter 23 of title 46, as amended;

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

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

disposal systems;

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

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

notice issued by the director relating to the location, design, construction, or maintenance of a

sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director

shall forward the order or notice to the city or town wherein the subject property is located and the

order or notice shall be recorded in the general index by the appropriate municipal official in the

land evidence records in the city or town wherein the subject property is located. Any subsequent

transferee of that property shall be responsible for complying with the requirements of the order or

notice. Upon satisfactory completion of the requirements of the order or notice, the director shall

provide written notice of the same, which notice shall be similarly eligible for recordation. The

original written notice shall be forwarded to the city or town wherein the subject property is located

and the notice of satisfactory completion shall be recorded in the general index by the appropriate

municipal official in the land evidence records in the city or town wherein the subject property is

located. A copy of the written notice shall be forwarded to the owner of the subject property within

five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject

property within thirty (30) days after correction;

     (14) To establish minimum standards for the establishment and maintenance of salutary

environmental conditions, including standards and methods for the assessment and the

consideration of the cumulative effects on the environment of regulatory actions and decisions,

which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential

cumulative effects that could adversely affect public health and/or impair ecological functioning;

(ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate

in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable

to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private

and public wells, unless broader use is approved by the general assembly. The department shall

report to the general assembly not later than March 15, 2008, with regard to the development and

application of the standards and methods in Jamestown;

     (15) To establish and enforce minimum standards for permissible types of septage,

industrial-waste disposal sites, and waste-oil disposal sites;

     (16) To establish minimum standards, subject to the approval of the environmental

standards board, for permissible types of refuse disposal facilities; the design, construction,

operation, and maintenance of disposal facilities; and the location of various types of facilities;

     (17) To exercise all functions, powers, and duties necessary for the administration of

chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”;

     (18) To designate, in writing, any person in any department of the state government or any

official of a district, county, city, town, or other governmental unit, with that official’s consent, to

enforce any rule, regulation, or order promulgated and adopted by the director under any provision

of law; provided, however, that enforcement of powers of the coastal resources management

council shall be assigned only to employees of the department of environmental management,

except by mutual agreement or as otherwise provided in chapter 23 of title 46;

     (19) To issue and enforce the rules, regulations, and orders as may be necessary to carry

out the duties assigned to the director and the department by any provision of law; and to conduct

investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to

enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,

and/or orders shall be terminated and revoked if the conditions that led to the suspension are not

corrected to the satisfaction of the director within two (2) years; provided that written notice is

given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of

termination.

     Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a

contested licensing matter shall occur where resolution substantially deviates from the original

application unless all interested parties shall be notified of the proposed resolution and provided

with opportunity to comment upon the resolution pursuant to applicable law and any rules and

regulations established by the director;

     (20) To enter, examine, or survey, at any reasonable time, places as the director deems

necessary to carry out his or her responsibilities under any provision of law subject to the following

provisions:

     (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

search warrant from an official of a court authorized to issue warrants, unless a search without a

warrant is otherwise allowed or provided by law;

     (ii)(A) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated by the department in accordance with chapter 35 of this title;

     (B) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

     (I) For closely regulated industries;

     (II) In situations involving open fields or conditions that are in plain view;

     (III) In emergency situations;

     (IV) In situations presenting an imminent threat to the environment or public health, safety,

or welfare;

     (V) If the owner, operator, or agent in charge of the facility, property, site, or location

consents; or

     (VI) In other situations in which a warrant is not constitutionally required.

     (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

director in his or her discretion deems it advisable, an administrative search warrant, or its

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of

conducting an administrative inspection. The warrant shall be issued in accordance with the

applicable constitutional standards for the issuance of administrative search warrants. The

administrative standard of probable cause, not the criminal standard of probable cause, shall apply

to applications for administrative search warrants;

     (I) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the department to forfeit the element of surprise in its inspection efforts;

     (II) An administrative warrant issued pursuant to this subsection must be executed and

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise;

     (III) An administrative warrant may authorize the review and copying of documents that

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an

inventory of the documents taken. The time, place, and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the

inventory shall be delivered to the person from whose possession or facility the documents were

taken. The seized documents shall be copied as soon as feasible under circumstances preserving

their authenticity, then returned to the person from whose possession or facility the documents were

taken;

     (IV) An administrative warrant may authorize the taking of samples of air, water, or soil

or of materials generated, stored, or treated at the facility, property, site, or location. Upon request,

the department shall make split samples available to the person whose facility, property, site, or

location is being inspected;

     (V) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself, by the issuing court.

     (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to

department personnel pursuant to an administrative warrant shall constitute a contempt of court and

shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six

(6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal;

     (21) To give notice of an alleged violation of law to the person responsible therefor

whenever the director determines that there are reasonable grounds to believe that there is a

violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted

pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the

attorney general to prosecute offenders as required by law;

     (i) The notice shall provide for a time within which the alleged violation shall be remedied,

and shall inform the person to whom it is directed that a written request for a hearing on the alleged

violation may be filed with the director within twenty (20) days after service of the notice. The

notice will be deemed properly served upon a person if a copy thereof is served him or her the

person personally; or sent by registered or certified mail to his or her the person’s last known

address; or if he or she the person is served with notice by any other method of service now or

hereafter authorized in a civil action under the laws of this state. If no written request for a hearing

is made to the director within twenty (20) days of the service of notice, the notice shall

automatically become a compliance order;

     (ii)(A) Whenever the director determines that there exists a violation of any law, rule, or

regulation within his or her the director’s jurisdiction that requires immediate action to protect the

environment, he or she the director may, without prior notice of violation or hearing, issue an

immediate-compliance order stating the existence of the violation and the action he or she deems

necessary. The compliance order shall become effective immediately upon service or within such

time as is specified by the director in such order. No request for a hearing on an immediate-

compliance order may be made;

     (B) Any immediate-compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good

cause shown, the order may be extended one additional period not exceeding forty-five (45) days;

     (iii) The director may, at his or her discretion and for the purposes of timely and effective

resolution and return to compliance, cite a person for alleged noncompliance through the issuance

of an expedited citation in accordance with § 42-17.6-3(c);

     (iv) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

director within twenty (20) days of the service of notice of violation, the director shall set a time

and place for the hearing, and shall give the person requesting that hearing at least five (5) days’

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

decision shall be deemed a compliance order and shall be served upon the person responsible in

any manner provided for the service of the notice in this section;

     (v) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order;

     (vi) Whenever a compliance order has become effective, whether automatically where no

hearing has been requested, where an immediate compliance order has been issued, or upon

decision following a hearing, the director may institute injunction proceedings in the superior court

of the state for enforcement of the compliance order and for appropriate temporary relief, and in

that proceeding, the correctness of a compliance order shall be presumed and the person attacking

the order shall bear the burden of proving error in the compliance order, except that the director

shall bear the burden of proving in the proceeding the correctness of an immediate compliance

order. The remedy provided for in this section shall be cumulative and not exclusive and shall be

in addition to remedies relating to the removal or abatement of nuisances or any other remedies

provided by law;

     (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)

days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to

review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the

petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of

certiorari;

     (22) To impose administrative penalties in accordance with the provisions of chapter 17.6

of this title and to direct that such penalties be paid into the account established by subdivision

subsection (26);

     (23) The following definitions shall apply in the interpretation of the provisions of this

chapter:

     (i) Director: The term “director” shall mean the director of environmental management of

the state of Rhode Island or his or her the director’s duly authorized agent;

     (ii) Person: The term “person” shall include any individual, group of individuals, firm,

corporation, association, partnership, or private or public entity, including a district, county, city,

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

having active and general supervision of the properties of the corporation;

     (iii) Service:

     (A) Service upon a corporation under this section shall be deemed to include service upon

both the corporation and upon the person having active and general supervision of the properties

of the corporation;

     (B) For purposes of calculating the time within which a claim for a hearing is made

pursuant to subdivision subsection (21)(i), service shall be deemed to be the date of receipt of such

notice or three (3) days from the date of mailing of the notice, whichever shall first occur;

     (24)(i) To conduct surveys of the present private and public camping and other recreational

areas available and to determine the need for and location of other camping and recreational areas

as may be deemed necessary and in the public interest of the state of Rhode Island and to report

back its findings on an annual basis to the general assembly on or before March 1 of every year;

     (ii) Additionally, the director of the department of environmental management shall take

additional steps, including, but not limited to, matters related to funding as may be necessary to

establish such other additional recreational facilities and areas as are deemed to be in the public

interest;

     (25)(i) To apply for and accept grants and bequests of funds, with the approval of the

director of administration, from other states, interstate agencies, and independent authorities, and

private firms, individuals, and foundations, for the purpose of carrying out his or her lawful

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

account created in the natural resources program for funds made available for that program’s

purposes or in a restricted receipt account created in the environmental protection program for

funds made available for that program’s purposes. All expenditures from the accounts shall be

subject to appropriation by the general assembly, and shall be expended in accordance with the

provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the

event that the trust account balance shows a surplus after the project as provided for in the grant or

bequest has been completed, the director may utilize the appropriated unspecified or appropriated

surplus funds for enhanced management of the department’s forest and outdoor public recreation

areas, or other projects or programs that promote the accessibility of recreational opportunities for

Rhode Island residents and visitors;

     (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by

October 1 of each year, a detailed report on the amount of funds received and the uses made of such

funds;

     (26) To establish fee schedules by regulation, with the approval of the governor, for the

processing of applications and the performing of related activities in connection with the

department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to

inspections performed by the department to determine compliance with chapter 19.1 and rules and

regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections

performed by the department to determine compliance with chapter 18.9 and the rules and

regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of

title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant

to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and

administration of underground storage tanks and all other programs administered under chapter 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

they relate to any reviews and related activities performed under the provisions of the Groundwater

Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-

added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all

enforcement, permitting and licensing matters to the administrative adjudication division for

environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,”

a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application

decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies

from the administrative adjudication fees will be deposited as general revenues and the amounts

appropriated shall be used for the costs associated with operating the administrative adjudication

division.

     There is hereby established an account within the general fund to be called the water and

air protection program. The account shall consist of sums appropriated for water and air pollution

control and waste-monitoring programs and the state controller is hereby authorized and directed

to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof,

as may be required, from time to time, upon receipt by him or her of properly authenticated

vouchers. All amounts collected under the authority of this subdivision for the sewage-disposal-

system program and freshwater wetlands program will be deposited as general revenues and the

amounts appropriated shall be used for the purposes of administering and operating the programs.

The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of

each year a detailed report on the amount of funds obtained from fines and fees and the uses made

of the funds;

     (27) To establish and maintain a list or inventory of areas within the state worthy of special

designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic

vistas, and scenic areas, and to make the list available to the public;

     (28) To establish and maintain an inventory of all interests in land held by public and

private land trust and to exercise all powers vested herein to ensure the preservation of all identified

lands;

     (i) The director may promulgate and enforce rules and regulations to provide for the orderly

and consistent protection, management, continuity of ownership and purpose, and centralized

records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part

through other interests, rights, or devices such as conservation easements or restrictions, by private

and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each

document submitted by a land trust;

     (ii) The term “public land trust” means any public instrumentality created by a Rhode

Island municipality for the purposes stated herein and financed by means of public funds collected

and appropriated by the municipality. The term “private land trust” means any group of five (5) or

more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a

nonbusiness corporation for the purposes stated herein, or a national organization such as the nature

conservancy. The main purpose of either a public or a private land trust shall be the protection,

acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features,

areas, or open space for the purpose of managing or maintaining, or causing to be managed or

maintained by others, the land, water, and other natural amenities in any undeveloped and relatively

natural state in perpetuity. A private land trust must be granted exemption from federal income tax

under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its

incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A

private land trust may not be incorporated for the exclusive purpose of acquiring or accepting

property or rights in property from a single individual, family, corporation, business, partnership,

or other entity. Membership in any private land trust must be open to any individual subscribing to

the purposes of the land trust and agreeing to abide by its rules and regulations including payment

of reasonable dues;

     (iii)(A) Private land trusts will, in their articles of association or their bylaws, as

appropriate, provide for the transfer to an organization, created for the same or similar purposes, of

the assets, lands and land rights, and interests held by the land trust in the event of termination or

dissolution of the land trust;

     (B) All land trusts, public and private, will record in the public records, of the appropriate

towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests

and rights acquired in land and will also file copies of all such documents and current copies of

their articles of association, their bylaws, and their annual reports with the secretary of state and

with the director of the Rhode Island department of environmental management. The director is

hereby directed to establish and maintain permanently a system for keeping records of all private

and public land trust land holdings in Rhode Island;

     (29) The director will contact in writing, not less often than once every two (2) years, each

public or private land trust to ascertain: that all lands held by the land trust are recorded with the

director; the current status and condition of each land holding; that any funds or other assets of the

land trust held as endowment for specific lands have been properly audited at least once within the

two-year (2) period; the name of the successor organization named in the public or private land

trust’s bylaws or articles of association; and any other information the director deems essential to

the proper and continuous protection and management of land and interests or rights in land held

by the land trust. In the event that the director determines that a public or private land trust holding

land or interest in land appears to have become inactive, he or she the director shall initiate

proceedings to effect the termination of the land trust and the transfer of its lands, assets, land rights,

and land interests to the successor organization named in the defaulting trust’s bylaws or articles

of association or to another organization created for the same or similar purposes. Should such a

transfer not be possible, then the land trust, assets, and interest and rights in land will be held in

trust by the state of Rhode Island and managed by the director for the purposes stated at the time

of original acquisition by the trust. Any trust assets or interests other than land or rights in land

accruing to the state under such circumstances will be held and managed as a separate fund for the

benefit of the designated trust lands;

     (30) Consistent with federal standards, issue and enforce such rules, regulations, and orders

as may be necessary to establish requirements for maintaining evidence of financial responsibility

for taking corrective action and compensating third parties for bodily injury and property damage

caused by sudden and non-sudden accidental releases arising from operating underground storage

tanks;

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

water, and the location, design, construction, and operation of all underground storage facilities

used for storing petroleum products or hazardous materials; any order or notice issued by the

director relating to the location, design, construction, operation, or maintenance of an underground

storage facility used for storing petroleum products or hazardous materials shall be eligible for

recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or

town wherein the subject facility is located, and the order or notice shall be recorded in the general

index by the appropriate municipal officer in the land-evidence records in the city or town wherein

the subject facility is located. Any subsequent transferee of that facility shall be responsible for

complying with the requirements of the order or notice. Upon satisfactory completion of the

requirements of the order or notice, the director shall provide written notice of the same, which

notice shall be eligible for recordation. The original, written notice shall be forwarded to the city

or town wherein the subject facility is located, and the notice of satisfactory completion shall be

recorded in the general index by the appropriate municipal official in the land-evidence records in

the city or town wherein the subject facility is located. A copy of the written notice shall be

forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any

event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction;

     (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in

accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank

Financial Responsibility Act, as amended;

     (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as

appropriate and/or as necessary, in order to accomplish the important public purposes of the survey

in gathering and maintaining data on Rhode Island natural history; making public presentations and

reports on natural history topics; ranking species and natural communities; monitoring rare species

and communities; consulting on open-space acquisitions and management plans; reviewing

proposed federal and state actions and regulations with regard to their potential impact on natural

communities; and seeking outside funding for wildlife management, land management, and

research;

     (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including,

but not limited to, collaboration with watershed organizations and associations of lakefront property

owners on planning and management actions that will prevent and mitigate water quality

degradation, reduce the loss of native habitat due to infestation of non-native species, abate

nuisance conditions that result from excessive growth of algal or non-native plant species as well

as promote healthy freshwater riverine ecosystems;

     (35) In implementing the programs established pursuant to this chapter, to identify critical

areas for improving service to customers doing business with the department, and to develop and

implement strategies to improve performance and effectiveness in those areas. Key aspects of a

customer-service program shall include, but not necessarily be limited to, the following

components:

     (i) Maintenance of an organizational unit within the department with the express purpose

of providing technical assistance to customers and helping customers comply with environmental

regulations and requirements;

     (ii) Maintenance of an employee-training program to promote customer service across the

department;

     (iii) Implementation of a continuous business process evaluation and improvement effort,

including process reviews to encourage development of quality proposals; ensure timely and

predictable reviews; and result in effective decisions and consistent follow up and implementation

throughout the department; and publish an annual report on such efforts;

     (iv) Creation of a centralized location for the acceptance of permit applications and other

submissions to the department;

     (v) Maintenance of a process to promote, organize, and facilitate meetings prior to the

submission of applications or other proposals in order to inform the applicant on options and

opportunities to minimize environmental impact; improve the potential for sustainable

environmental compliance; and support an effective and efficient review and decision-making

process on permit applications related to the proposed project;

     (vi) Development of single permits under multiple authorities otherwise provided in state

law to support comprehensive and coordinated reviews of proposed projects. The director may

address and resolve conflicting or redundant process requirements in order to achieve an effective

and efficient review process that meets environmental objectives; and

     (vii) Exploration of the use of performance-based regulations coupled with adequate

inspection and oversight, as an alternative to requiring applications or submissions for approval

prior to initiation of projects. The department shall work with the office of regulatory reform to

evaluate the potential for adopting alternative compliance approaches and provide a report to the

governor and the general assembly by May 1, 2015;

     (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty

feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all

sides facing the water, of an appropriate width and luminosity such that it can be seen by operators

of watercraft; and

     (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel

additive required or regulated by the department if the director finds that:

     (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the

New England region that prevent the distribution of an adequate supply of the fuel or fuel additive

to consumers;

     (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural

disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not

reasonably have been foreseen; and

     (iii) It is in the public interest to grant the waiver.

     Any temporary waiver shall be made in writing and shall be effective for twenty (20)

calendar days; provided, that the director may renew the temporary waiver, in writing, if it is

deemed necessary.; and

     (38)(i) To designate by rule certain waters of the state as shellfish or marine life project

management areas for the purpose of enhancing the cultivation and growth of marine species,

managing the harvest of marine species, facilitating the conduct by the department of experiments

in planting, cultivating, propagating, managing, and developing any and all kinds of marine life,

and any other related purpose.

     (ii) Any such designation shall be by reference to fixed landmarks and include an explicit

description of the area to be designated.

     (iii) Once so designated, the director may adopt rules and regulations addressing

restrictions on the quantities, types, or sizes of marine species which may be taken in any individual

management area, the times during which marine species may be taken, the manner or manners in

which marine species may be taken, the closure of such area to the taking of marine species, or any

other specific restrictions as may be deemed necessary. Such rules shall be exempt from the

requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9.

     (iv) The director, upon the designation of a management area, may place any stakes,

bounds, buoys, or markers with the words "Rhode Island department of environmental

management" plainly marked on them, as will approximate the management area. Failure to place

or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or

administrative proceeding.

     (v) Nothing in this section shall prevent the director from implementing emergency rules

pursuant to § 42-35-2.10.


 

 

 

404)

Section

Amended Chapter Numbers:

 

42-28.2-8.3

278 and 279

 

 

42-28.2-8.3. Educational requirements — National certified mental health training.

     (a) The commission on standards and training shall prepare and publish mandatory training

standards to provide instructions for police officers in identifying recognizing the possible

existence of a mental disorder and handling of complaints involving mental health/substance abuse

use emergencies, and victims, witnesses, or suspects with mental illness or substance use disorders

and shall develop guidelines for law enforcement responses to incidents involving such persons.

The course of instruction shall comply with the certified National Council of Behavioral Health

Mental Health First Aid Program (MHFA) for law enforcement, or an International Certified Crisis

Intervention Team (ICCIT) training program, or other best practice training recognized by the

International Association of Chiefs of Police (IACP). Instruction and the guidelines shall include:

     (1) Identifying and recognizing Recognizing the possible existence of a mental illness or

substance use disorders for the benefit of victims and witnesses, the availability of civil remedies

and community resources for persons experiencing mental health emergencies, and the protection

of persons with mental illness or substance use disorders and for law enforcement officers engaging

such persons;

     (2) Providing information to law enforcement officers to recognize the signs and symptoms

of common mental illnesses and substance use disorders, de-escalating crisis situations safely, and

initiating timely referral to mental health and substance abuse use resources available in the

community.

     (b) The commission shall include training in all curricula for recruits and in-service

trainees, in all police academies operating or certified by the commission. All law enforcement

trainees shall be certified by the National Council of Behavioral Health in Mental Health First Aid,

or an International Certified Crisis Intervention Team (ICCIT) training program, or other best

practice training recognized by the International Association of Chiefs of Police (IACP).

     (c) All law enforcement trainees shall participate in the course of basic training for law

enforcement officers, established in this section, as part of their required certification process.

     (d) Training presenters shall include a behavioral health practitioners practitioner with

expertise in the delivery of direct services to individuals experiencing mental health or substance

abuse use emergencies, and may also include police officers who are certified trainers in the

respective training being delivered and victims, witnesses, and suspects with lived experience of

mental illness and consumer-survivors i.e. individuals with mental illness or substance use

disorders. Training presentations may utilize the staff of community-based mental health treatment

facilities.

     (e) The course of instruction, the learning and performance objectives, the standards for

training, and the guidelines shall be developed by the Rhode Island municipal police training

committee commission in consultation with groups and individuals having an interest and expertise

in the field of mental health and community-based treatment.

     (f) The Rhode Island municipal police training committee commission periodically shall

include within its in-service training curriculum a course of instruction on handling complaints

from or against persons with mental illness or substance use disorders, consistent with the

provisions of subsections (a)(1) and (a)(2).

     (g) As used in this section, the following words and terms shall have the following

meanings:

     (1) “Law enforcement officer” shall mean any officer of a municipal police department or

a department of the state.

     (2) “Consumer-survivor” shall mean any individual suffering from with lived experience

of a mental health disability condition or substance abuse use disorder.


 

 

 

405)

Section

Added Chapter Numbers:

 

42-28.2-8.4

271 and 272

 

 

42-28.2-8.4. Training on calls involving individuals with cognitive or communication-

related disabilities -- Educational requirements.

     (a) The commission on standards and training shall prepare and publish mandatory training

standards to provide instruction for police officers in identifying, responding to, handling,

investigating, and reporting all incidents involving victims, witnesses, or suspects with cognitive

or communication-related disabilities and shall develop guidelines for law enforcement responses

to incidents involving such persons. Instruction and guidelines shall include:

     (1) Identifying and recognizing cognitive and communication-related disabilities for the

benefit of victims, witnesses, and suspects,; the availability of community resources for persons

experiencing emergencies,; and the protection of persons with cognitive and communication-

related disabilities and for law enforcement officers engaging such persons; and

     (2) Providing information to law enforcement officers to recognize the signs and symptoms

of common cognitive and communication-related disabilities,; de-escalating crisis situations

safely,; and initiating timely referrals to resources available in the community.

     (b) The commission shall include training in all curricula for recruits and in-service

trainees, in all police academies operating or certified by the commission.

     (c) All law enforcement trainees shall participate in the course of basic training for law

enforcement officers, established in this section, as part of their required certification process.

     (d) Training presenters shall include:

     (1) Intellectual/developmental disabilities and communication disabilities practitioners

with expertise in the delivery of direct services to individuals with cognitive disabilities or

communication-related disabilities; and

     (2) Individuals with cognitive disabilities or communication-related disabilities.

     (e) The course of instruction,; the learning and performance objectives,; the standards for

training,; and the guidelines shall be developed by the municipal police training committee in

consultation with practitioners and advocates having an interest and expertise in providing services

and supports to individuals with cognitive disabilities or communication-related disabilities in

community-based settings.

     (f) Training presentations may utilize the staff of community-based providers of services

and supports for individuals with cognitive disabilities and communication-related disabilities, as

well as videos or webinars developed by other federal, state, or municipal law enforcement

agencies.

     (g) As used in this section, the following words and terms shall have the following

meanings:

     (1) “Police detective” means any member of a municipal police department or a department

in the state that is assigned to conduct investigations of complaints.

     (2) The terms “cognitive disabilities” and “communication-related disabilities” mean a

severe, chronic disability of a person which that:

     (i) Is attributable to a mental or physical impairment;

     (ii) Is likely to continue indefinitely; or

     (iii) Results in substantial functional limitations in receptive or expressive language.


 

 

406)

Section

Added Chapter Numbers:

 

42-28.2-8.5

271 and 272

 

 

42-28.2-8.5. Training in investigating and handling complaints involving victims,

witnesses or suspects with cognitive or communication-related disabilities -- Educational

requirements.

     (a) The commission on standards and training shall prepare and publish mandatory training

standards to provide instruction for police detectives in investigating and handling complaints

involving victims, witnesses, or suspects with cognitive or communication-related disabilities and

shall develop guidelines for detectives responding to incidents involving such persons.

     (b) The commission on standards and training shall include and require training in the

curricula described in subsection (a) of this section for all newly commissioned police detectives

and in-service trainees, in all police academies operated or certified by the commission.

     (c) Training presenters shall include:

     (1) Intellectual/developmental disabilities and communication disabilities practitioners

with expertise in the delivery of direct services to individuals with cognitive disabilities or

communication-related disabilities; and

     (2) Individuals with cognitive disabilities or communication-related disabilities.

     (d) The course of instruction, the learning and performance objectives, the standards for

training, and the guidelines shall be developed by the municipal police training committee in

consultation with practitioners and advocates having an interest and expertise in providing services

and supports to individuals with cognitive disabilities or communication-related disabilities in

community-based settings.

     (e) Training presentations may utilize the staff of community-based providers of services

and supports for individuals with cognitive disabilities and communication-related disabilities, as

well as videos or webinars developed by other federal, state, or municipal law enforcement

agencies.

     (f) As used in this section, the following words and terms shall have the following

meanings:

     (1) “Police detective” means any member of a municipal police department or a department

in the state that is assigned to conduct investigations of complaints.

     (2) The terms “cognitive disabilities” and “communication-related disabilities” mean, a

severe, chronic disability of a person which that:

     (i) Is attributable to a mental or physical impairment;

     (ii) Is likely to continue indefinitely; or

     (iii) Results in substantial functional limitations in receptive or expressive language.


 

 

407)

Section

Amended Chapter Numbers:

 

42-56-17

169 and 170

 

 

42-56-17. Identification and description of inmates.

     (a) The director of corrections, or his or her the director’s designee, shall cause prisoners

confined under sentence in the adult correctional institutions to be physically and factually

described in accordance with accepted criminal identification standards for the identification of

criminals. The director of corrections, or his or her the director’s designee, shall cause

identification to be made by a person or persons in the official service of the state, and shall

prescribe rules and regulations for keeping accurate records at those institutions, and for classifying

and indexing the records.

     (b) The department of corrections shall collect the following information from individuals

entering its custody: sex, race, nativity (country of origin), ethnicity, and level of education, and

publish a summary of such information on an annual basis.


 

 

 

408)

Section

Amended Chapter Numbers:

 

42-56-22

161 and 162

 

 

42-56-22. Labor by persons committed on mesne process or to answer criminal

charge.

     (a) Every person who shall be committed to the adult correctional institutions to answer for

any criminal offense, whether convicted or awaiting trial, or on mesne process in any qui tam or

penal action, or on mesne process or execution in any civil action, may be permitted to labor in the

discretion of the director, or his or her the director’s designee, for the state, and in that case may

be paid not more than three dollars ($3.00) a day for every day he or she the person shall labor

with the express consent of the director, or his or her the director’s designee, of the department,

to be credited to the prisoner’s account by the assistant director of administration, or his or her the

assistant director’s designee, and to be disbursed to the prisoner in accordance with the rules and

regulations of the institutions; provided, further, however, there shall be maintained on account at

all times at least twenty-five percent (25%) of the earnings of each prisoner up to a maximum of

one hundred dollars ($100) for those persons serving a sentence of life imprisonment without parole

under §§ 11-23-2, 12-19.2-1 et seq., and up to a maximum of one thousand dollars ($1,000) two

thousand dollars ($2,000) for all other prisoners; those funds to be turned over to the prisoner at the

time of his or her the prisoner’s release from the institution, the funds being his or her the

prisoner’s property; the moneys to be paid to the prisoner by order of the assistant director of

management services upon the general treasurer.

     (b) Nothing contained in this section shall prevent the use of the funds in the account for

the payment of any court fees and court costs required to be paid for the filing, prosecution, and

defense of any action.


 

 

409)

Section

Amended Chapter Numbers:

 

42-56-24

228 and 229

 

 

42-56-24. Earned time for good behavior or program participation or completion.

     (a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is

murder), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall not be eligible to earn

time off their term or terms of incarceration for good behavior.

     (b) The director, or his or her designee, shall keep a record of the conduct of each prisoner,

and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or

more and not under sentence to imprisonment for life, appears by the record to have faithfully

observed all the rules and requirements of the institutions and not to have been subjected to

discipline, and is serving a sentence imposed for violation of sexual offenses under § 11-37-4, §

11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of

corrections, or his or her designee, upon recommendation to him or her by the assistant director of

institutions/operations, be deducted from the term or terms of sentence of that prisoner the same                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

number of days that there are years in the term of his or her sentence; provided, that when the

sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one

month’s good behavior; and provided, further, that in the case of sentences of at least six (6) months

and less than one year, one day per month shall be deducted.

     For the purposes of this subsection computing the number of days to be deducted for good

behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes

the serious nature of sex offenses; promotes community safety and protection of the public; and

maintains the ability of the department of corrections to oversee the rehabilitation and supervision

of sex offenders.

     (c) For all prisoners serving sentences of more than one month, and not serving a sentence

of imprisonment for life or a sentence imposed for a violation of the offenses identified in

subsection (a) or (b) of this section the director, or his or her designee, shall keep a record of the

conduct of each prisoner, and for each month that prisoner has faithfully observed all the rules and

requirements of the institutions and has not been subjected to discipline, there shall, with the

consent of the director of the department of corrections or his or her designee and upon

recommendation by the assistant director of institutions/operations, be deducted from the term or

terms of sentence of that prisoner ten (10) days for each month’s good behavior.

     (d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as

determined by the assistant director, institutions/operations, subject to the authority of the director,

there shall be deducted one day from the time he or she shall have gained for good conduct.

     (e) The assistant director, or his or her designee, subject to the authority of the director,

shall have the power to restore lost good conduct time in whole or in part upon a showing by the

prisoner of subsequent good behavior and disposition to reform.

     (f) For each month that a prisoner who has been sentenced to imprisonment for more than

one month and not under sentence to imprisonment for life has faithfully engaged in institutional

industries there shall, with the consent of the director, upon the recommendations to him or her by

the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an

additional two (2) to five (5) days a month.

     (g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b)

of this section, for each month that a prisoner who has been sentenced to imprisonment for more

than one month and not under sentence to imprisonment for life has participated faithfully in

programs that have been determined by the director or his/her designee to address that prisoner’s

individual needs that are related to his/her criminal behavior, there may, with the consent of the

director and upon the recommendation of the assistant director, rehabilitative services, be deducted

from the term or terms of the prisoner up to an additional five (5) days a month. Furthermore,

whenever the prisoner has successfully completed such program, they there may; with the consent

of the director and upon the recommendation by the assistant director, rehabilitative services, be

deducted from the term or terms of the prisoner up to an additional thirty (30) days.

     (h)(1) A person who is serving a term or terms of a probation sentence of one year or

longer, including a person who has served a term of incarceration followed by a probation sentence,

except those serving a term of probation for a sentence in violation of § 11-5-1 (where the specified

felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3

shall upon serving three years of their probation sentence be eligible to earn time off their term or

terms of the probation sentence for compliance with court-ordered terms and conditions of

probation. Calculation of these credits shall commence upon the probationer’s completion of all

terms of incarceration.

     (2) The director, or his or her designee, shall keep a record of the conduct of each

probationer. For each month that the probationer has not had a judicial finding of a violation of

conditions of probation, there shall, with the consent of the director of the department of

corrections, or designee, upon recommendation of the assistant director of institutions/operations,

or designee, be deducted from the term or terms of the probationer’s sentence ten (10) days for each

month’s compliance with the terms and conditions of his or her probation.

     (3) For each month that a violation of probation is pending the probationer shall not be

eligible to earn probation compliance credits. In the event there is a judicial determination that the

probationer did not violate his or her terms and conditions of probation, credit will be awarded

retroactive to the date of the filing of the probation violation. In the event there is a judicial

determination that the probationer did violate his or her terms and conditions of probation, the

probationer shall not be awarded compliance credits for the time during which the violation was

pending, and further, the court may order revocation of prior earned compliance credits.

     (4) The probation department of the department of corrections shall keep a record of the

probationer’s sentence to include the person’s end of sentence date based on earned credits for

compliance with their terms and conditions of probation.

     (5) This section shall apply to all individuals sentenced to probation, including those

sentenced prior to enactment of the statute. However, the award of probation compliance credits

shall be prospective only from the date of enactment of the statute.

 


410)

Section

Amended Chapter Numbers:

 

42-57-1

23 and 24

 

 

42-57-1. Foundation created.

     The Fort Adams foundation (“the foundation”) is created a body, corporate and politic, to

promote interest in and to plan, develop, coordinate, encourage, facilitate, set standards, and

programs and projects relating to the restoration, renovation, reconstruction, and use of the

historical Fort Adams structure State Park.


 

 

411)

Section

Amended Chapter Numbers:

 

42-57-3

23 and 24

 

 

42-57-3. Organization of foundation.

     (a) The foundation shall consist of the director of the department of environmental

management, or his or her the director’s designee, a representative of the division of parks and

recreation appointed by the director of the department of environmental management, and four (4)

three (3) public members, appointed by the governor with the advice and consent of the senate. In

making appointments under this section, the governor shall solicit and give due consideration to

the recommendations of the following persons, communities, and organizations:

     (1) Rhode Island historical preservation commission;

     (2) City of Newport; and

     (3) Fort Adams Trust board of directors; and.

     (4) Chief of the department of environmental management division of parks and recreation.

     (5) [Deleted by P.L. 2013, ch. 146, § 1 and P.L. 2013, ch. 196, § 1].

     (6) [Deleted by P.L. 2013, ch. 146, § 1 and P.L. 2013, ch. 196, § 1].

     (7) [Deleted by P.L. 2013, ch. 146, § 1 and P.L. 2013, ch. 196, § 1].

     (8) [Deleted by P.L. 2013, ch. 146, § 1 and P.L. 2013, ch. 196, § 1].

     (9) [Deleted by P.L. 2013, ch. 146, § 1 and P.L. 2013, ch. 196, § 1].

     In making appointments under this section, the governor shall also give due consideration

to the appointment of persons with expertise and experience in the fields of American history,

military history, historic preservation, museums, education, historic architecture and/or

engineering.

     (b) The director of the department of environmental management, or his or her the

director’s designee shall act as chairperson.

     (c) The power of the foundation shall vest in and be exercised by or under the authority of

its members, three (3) of whom shall constitute a quorum for the transaction of business.

     (d) Employees of the foundation shall be selected and appointed by the foundation, and

shall be vested with those powers and duties that the foundation may determine.

     (e) All appointed members of the foundation as of the effective date of this act shall cease

to be members of the foundation as of the effective date of this act. The governor shall thereupon

nominate four (4) three (3) members: one of whom shall serve an initial term of one year; one of

whom shall serve an initial term of two (2) years; and two (2) one of whom shall serve an initial

terms term of three (3) years. Thereafter, all appointed members shall be appointed to serve three-

(3)year (3) terms. In the event the senate is not in session on the effective date of this act, the

governor may make temporary appointments which shall only be in effect until such time as the

senate reconvenes at which time the governor shall appoint four (4) three (3) members.


 

 

 

 

 

 

412)

Section

Amended Chapter Numbers:

 

42-61.2-1

135 and 158

 

 

42-61.2-1. Definitions.

     For the purpose of this chapter, the following words shall mean:

     (1) "2017 Budget Act" means 2017 — H 5175 Substitute A, as amended, entitled "An Act

Relating to Making Appropriations for the Support of the State for the Fiscal Year ending June 30,

2018," which Act was signed into law by the Governor of Rhode Island on August 3, 2017.

     (2) "Casino gaming" means any and all table and casino-style games played with cards,

dice, or equipment, for money, credit, or any representative of value; including, but not limited to:

roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or any

other game or device included within the definition of Class III gaming as that term is defined in

Section 2703(8) of Title 25 of the United States Code and that is approved by the state through the

division of state lottery.

     (3) "Central communication system" means a system approved by the Division, linking all

Video Lottery Terminals at a licensed video lottery retailer location to provide auditing program

information and any other information determined by the Division. In addition, the central

communications system must provide all computer hardware and related software necessary for the

establishment and implementation of a comprehensive system as required by the Division.

     (4) "Collegiate sports or athletic event" shall not include a collegiate sports contest or

collegiate athletic event that takes place in Rhode Island or a sports contest or athletic event in

which any Rhode Island college team participates regardless of where the event takes place.

     (5) "Consolidated promotional points program" means, collectively, the "Initial

Promotional Points Program" and the "Supplementary Promotional Points Program" applicable to

the Lincoln gaming facility and the "Initial Promotional Points Program" and the "Supplementary

Promotional Points Program" applicable to the Tiverton gaming facility, with each of the terms

"Initial Promotional Points Program" and "Supplementary Promotional Points Program" having the

meanings given such terms in the 2017 Budget Act.

     (6) "Credit facilitator" means any employee of a licensed video lottery retailer approved in

writing by the Division whose responsibility is to, among other things, review applications for

credit by players, verify information on credit applications, grant, deny, and suspend credit,

establish credit limits, increase and decrease credit limits, and maintain credit files, all in

accordance with this chapter and rules and regulations approved by the Division.

     (7) "DBR" means the department of business regulation, division of gaming and athletics

licensing, and/or and any successor in interest thereto.

     (8) "Director" means the director of the Division.

     (9) "Division" means the state lottery division of the department of revenue and/or any

successor in interest thereto.

     (10) "Hosting facility" refers to the Lincoln gaming facility and the Tiverton gaming

facility.

     (11)(a)(i)"iGaming" means casino gaming, inclusive of online slot games and online table

games as defined herein, and made available to players who have reached twenty-one (21) years of

age through the use of the Internet internet through computers, mobile applications on mobile

devices, or other interactive devices approved by the Division, which wagers are accepted by a

server-based gaming system located at the premises of a hosting facility.

     (b)(ii) All wagers on iGaming games shall be deemed to be placed and accepted, and

iGaming games shall be deemed to be operated on the Division's behalf, at the premises of a hosting

facility.

     (c)(iii) Notwithstanding the foregoing, the term "iGaming" does not include the following:

     (i)(A) Sports wagering conducted under § 42-61.2-2.4;

     (ii)(B) Online sports wagering conducted under § 42-61.2-2.4 and regulated elsewhere

pursuant to the general laws, including in § 42-61.2-16;

     (iii)(C) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or

greyhound dog racing, including, but not limited to, pari-mutuel wagering on a race that is

"simulcast" (as defined in § 41-11-1), as regulated elsewhere pursuant to the general laws, including

in chapters 3, 3.1, 4, and 11 of title 41;

     (iv)(D) Off-track betting on racing events, as regulated elsewhere pursuant to the general

laws, including in chapter 10 of title 41;

     (v)(E) Wagering on the respective scores or points of the game of jai alai or pelota and the

sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general

laws, including in chapter 7 of title 41; and

     (vi)(F) Lotteries, charitable gaming, games of chance, bingo games, raffles, and pull-tab

lottery tickets, to the extent permitted and regulated pursuant to chapter 19 of title 11.

     (12) "iGaming game vendor" means any entity authorized to provide online slot games and

online table games, as approved by the Division in connection with iGaming, on the Division's

behalf in accordance with this chapter, such online slot games and online table games being games

owned or licensed by the iGaming game vendor (or by an entity controlling, controlled by, or under

common control with such entity) or games owned or licensed by a third party, that (in either case)

are licensed to the iGaming game vendor for sublicense to the Division as authorized by the

Division.

     (13) "iGaming platform vendor" means an entity that operates a hosting facility (or by an

entity controlling, controlled by or under common control with such an entity) and that is authorized

by the Division to conduct iGaming on the Division's behalf in accordance with this chapter.

     (11)(14) "IGT" means IGT Global Solutions Corporation, a Delaware corporation.

     (12)(15) "Licensed video lottery retailer" means a pari-mutuel licensee specifically

licensed by the Director subject to the approval of the Division to become a licensed video lottery

retailer.

     (13)(16) "Lincoln gaming facility" means the gaming and entertainment facility located at

100 Twin River Road in the town of Lincoln, Rhode Island (sometimes referred to as "Twin River"

or the "Twin River gaming facility").

     (14)(17) "Marketing Year" means the fiscal year of the state.

     (15)(18) "Net table-game revenue" means win from table games minus counterfeit

currency.

     (16)(19) "Net terminal income" means currency placed into a Video Lottery Terminal less

credits redeemed for cash by players.

     (17)(20) "Newport Grand" means Newport Grand, LLC, a Rhode Island limited-liability

company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and assignee

of Newport Grand, LLC under the Newport Grand Master Contract, including, without limitation,

Premier (as defined in subsection (25)(32) of this section) and/or Twin River-Tiverton (as defined

in subsection (40)(47) of this section) provided it is a pari-mutuel licensee (as defined in this

section); provided, further, however, where the context indicates that the term is referring to the

physical facility, then it shall mean the gaming and entertainment facility located at 150 Admiral

Kalbfus Road, Newport, Rhode Island.

     (18)(21) "Newport Grand Marketing Year" means each fiscal year of the state or a portion

thereof between November 23, 2010, and the termination date of the Newport Grand Master

Contract.

     (19)(22) "Newport Grand Master Contract" means that certain master video lottery

terminal contract made as of November 23, 2005, by and between the division of lotteries of the

Rhode Island department of administration and Newport Grand, as amended and extended from

time to time as authorized therein and/or as such Newport Grand Master Contract may be assigned

as permitted therein.

     (20)(23) "Online gaming account" means an account opened by a patron that such patron

shall use for the deposit and withdrawal of funds used for online sports wagering, iGaming, or both.

An online gaming account may be used for both online sports wagering conducted under § 42-61.2-

2.4 and iGaming, only if the patron is over twenty-one (21) years of age. A patron under the age of

twenty-one (21) is prohibited from having or using an online gaming account for iGaming.

     (24) "Online slot game" means an online slot-machine-like game authorized by the

Division within the scope of the term iGaming. Online slot games include, but are not limited to,

online games involving digital versions of spinning reels or pay lines, and may include:

     (i) An auto play feature;

     (ii) An adjustable bet feature;

     (iii) A random number generator to determine the game outcome; and

     (iv) Games that can be played infinitely, using a nondepleting prize pool, offer prizes that

are all available with every play, and have odds that remain the same with every play.

     (25) "Online slot gaming revenue" means:

     (i) The total of cash or cash equivalents received from the operation of online slot games

minus the total of:

     (A) Cash or cash equivalents paid to players as a result of the operation of online slot

games;

     (B) Marketing expenses related to online slot games as agreed to by the Division, the

iGaming game vendor, and the iGaming platform vendor, as approved by the Division; and

     (C) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (A) Counterfeit cash;

     (B) Coins or currency of other countries received as a result of the operation of online slot

games, except to the extent that the coins or currency are readily convertible to cash;

     (C) Cash taken in a fraudulent act perpetrated against the iGaming platform vendor or

iGaming game vendor, for which the iGaming platform vendor or iGaming game vendor is not

reimbursed;

     (D) Free play provided by the iGaming platform vendor or iGaming game vendor as

authorized by the Division to a player and subsequently "won back" by the iGaming platform

vendor or iGaming game vendor, for which the iGaming platform vendor or iGaming game vendor

can demonstrate that it or its affiliate has not been reimbursed in cash.

     (21)(26) "Online sports wagering" means engaging in the act of sports wagering by the

placing of wagers on sporting events or a combination of sporting events, or on the individual

performance statistics of athletes in a sporting event or a combination of sporting events, over the

internet through computers, mobile applications on mobile devices or other interactive devices

approved by the Division, which wagers are accepted by a server-based gaming system located at

the premises of a hosting facility authorized to accept sports wagers and administer payoffs of

winning sports wagers; all such wagers shall be deemed to be placed and accepted at the premises

of a such hosting facility.

     (22)(27) "Online sports-wagering revenue" means:

     (i) The total of cash or cash equivalents received from online sports wagering minus the

total of:

     (I)(A) Cash or cash equivalents paid to players as a result of online sports wagering;

     (II)(B) Marketing expenses related to online sports wagering as agreed to by the Division,

the sports-wagering vendor, and the host facilities, as approved by the Division; and

     (III)(C) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I)(A) Counterfeit cash.

     (II)(B) Coins or currency of other countries received as a result of online sports wagering,

except to the extent that the coins or currency are readily convertible to cash.

     (III)(C) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-

wagering vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV)(D) Free play provided by the hosting facility or sports-wagering vendor as authorized

by the Division to a player and subsequently "won back" by the hosting facility or sports-wagering

vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it or its

affiliate has not been reimbursed in cash.

     (28) "Online table game" means a casino-style table game authorized by the Division

within the scope of the term iGaming, where such games are conducted by one or more live persons

and made available to players through use of the Internet internet through computers, mobile

applications on mobile devices, or other interactive devices approved by the Division, which

wagers are accepted by a server-based gaming system located at the premises of a hosting facility

and played with the digital representation of cards, dice, or equipment.

     (29) "Online table gaming revenue" means:

     (i) The total of cash or cash equivalents received from the operation of online table games

minus the total of:

     (A) Cash or cash equivalents paid to players as a result of the operation of online table

games;

     (B) Marketing expenses related to online table games as agreed to by the Division and the

iGaming platform vendor, as approved by the Division; and

     (C) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (A) Counterfeit cash;

     (B) Coins or currency of other countries received as a result of the operation of online table

games, except to the extent that the coins or currency are readily convertible to cash;

     (C) Cash taken in a fraudulent act perpetrated against the iGaming platform vendor or

iGaming game vendor for which the iGaming platform vendor or iGaming game vendor is not

reimbursed;

     (D) Free play provided by the iGaming platform vendor or iGaming game vendor as

authorized by the Division to a player and subsequently "won back" by the iGaming platform

vendor or iGaming game vendor, for which the iGaming platform vendor or iGaming game vendor

can demonstrate that it or its affiliate has not been reimbursed in cash.

     (23)(30) "Pari-mutuel licensee" means:

     (i) An entity licensed pursuant to § 41-3.1-3; and/or and

     (ii) An entity licensed pursuant to § 41-7-3.

     (24)(31) "Payoff," when used in connection with sports wagering, means cash or cash

equivalents paid to a player as a result of the player's winning a sports wager. A "payoff" is a type

of "prize," as the term "prize" is used in chapters 61, 61.2, and 61.3 of this title.

     (25)(32) "Premier" means Premier Entertainment II, LLC and/or and its successor in

interest by reason of the acquisition of the stock, membership interests, or substantially all of the

assets of such entity.

     (26)(33) "Prior marketing year," means, with respect to a marketing year, the most recent

previous marketing year during which the Division operated a majority of the authorized video

lottery games at each of the Lincoln gaming facility and the Tiverton gaming facility for at least

360 days (or 361 days in the case there are 366 days in such marketing year). For the avoidance of

doubt, because the Division will not have operated a majority of the authorized video lottery games

at the Lincoln gaming facility and at the Tiverton gaming facility for at least 361 days during the

marketing year expiring on June 30, 2020, the prior marketing year with respect to the marketing

year expiring on June 30, 2021, shall be the marketing year expiring on June 30, 2019.

     (27)(34) "Promotional points" has the meaning given such term in the 2017 Budget Act.

     (28)(35) "Rake" means a set fee or percentage of cash and chips representing cash wagered

in the playing of a nonbanking table game assessed by a table games retailer for providing the

services of a dealer, gaming table, or location, to allow the play of any nonbanking table game.

     (29)(36) "Server-based gaming system" means all hardware, software, and

communications devices that comprise a system utilized for the purpose of offering an electronic

platform used in connection with the process of placing and accepting sports wagers and/or

iGaming wagers (as applicable).

     (30)(37) "Sporting event" means any professional sport or athletic event, any Olympic or

international sports competition event, and any collegiate sport or athletic event, or any portion

thereof, including, but not limited to, the individual performance statistics of athletes in a sports

event or combination of sports events, except "sporting event" shall not include a prohibited

sporting event.

     (31)(38) "Sports wagering" means the business of accepting wagers on sporting events or

a combination of sporting events, or on the individual performance statistics of athletes in a sporting

event or combination of sporting events, by any system or method of wagering. The term includes,

but is not limited to, exchange wagering, parlays, over-under, moneyline, pools, and straight bets,

and the term includes the placement of such bets and wagers. However, the term does not include,

without limitation, the following:

     (i) Lotteries, including video lottery games and other types of casino gaming operated by

the state, through the Division, as of June 22, 2018.

     (ii) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or

greyhound dog racing, including but not limited to, pari-mutuel wagering on a race that is

"simulcast" (as defined in § 41-11-1), as regulated elsewhere pursuant to the general laws, including

in chapters 3, 3.1, 4, and 11 of title 41.

     (iii) Off-track betting on racing events, as regulated elsewhere pursuant to the general laws,

including in chapter 10 of title 41.

     (iv) Wagering on the respective scores or points of the game of jai alai or pelota and the

sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general

laws, including in chapter 7 of title 41.

     (v) Lotteries, charitable gaming, games of chance, bingo games, raffles, and pull-tab lottery

tickets, to the extent permitted and regulated pursuant to chapter 19 of title 11.

     (iv)(vi) iGaming (as defined in this section).

     (32)(39) "Sports-wagering device" means any mechanical, electrical, or computerized

contrivance, terminal, machine, or other device, apparatus, equipment, or supplies approved by the

Division and used to conduct sports wagering.

     (33)(40) "Sports-wagering revenue" means:

     (i) The total of cash or cash equivalents received from sports wagering minus the total of:

     (I)(A) Cash or cash equivalents paid to players as a result of sports wagering;

     (II)(B) The annual flat fee to the host communities as defined by § 42-61.2-5(c);

     (III)(C) Marketing expenses related to sports wagering as agreed to by the Division, the

sports-wagering vendor, and the host facilities, as approved by the Division; and

     (IV)(D) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I)(A) Counterfeit cash.

     (II)(B) Coins or currency of other countries received as a result of sports wagering, except

to the extent that the coins or currency are readily convertible to cash.

     (III)(C) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-

wagering vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV)(D) Free play provided by the hosting facility or sports-wagering vendor as authorized

by the Division to a patron and subsequently "won back" by the hosting facility or sports-wagering

vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it or its

affiliate has not been reimbursed in cash.

     (34)(41) "Sports-wagering vendor" means any entity authorized by the Division to operate

sports betting on the Division's behalf in accordance with this chapter.

     (35)(42) "Table game" or "Table gaming" means that type of casino gaming in which table

games are played for cash or chips representing cash, or any other representation of value that has

been approved by the Division, using cards, dice, or equipment and conducted by one or more live

persons.

     (36)(43) "Table-game retailer" means a retailer authorized to conduct table gaming

pursuant to § 42-61.2-2.1 or § 42-61.2-2.3.

     (37)(44) "Technology provider" means any individual, partnership, corporation, or

association that designs, manufactures, installs, maintains, distributes, or supplies Video Lottery

Terminals or associated equipment for the sale or use in this state.

     (38)(45) "Tiverton gaming facility" means the gaming and entertainment facility located at

the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton, Rhode

Island (sometimes referred to as "Twin River-Tiverton").

     (39)(46) "Twin River" (sometimes referred to as "UTGR") means UTGR, Inc., a Delaware

corporation, and each permitted successor to and assignee of UTGR, Inc.; provided, however,

where the context indicates that the term is referring to a physical facility, then "Twin River" shall

mean the Lincoln gaming facility.

     (40)(47) "Twin River-Tiverton" means Twin River-Tiverton, LLC and/or and its successor

in interest by reason of the acquisition of the stock, membership interests, or substantially all of the

assets of such entity; provided, however, where the context indicates that the term is referring to a

physical facility, then "Twin River-Tiverton" shall mean the Tiverton gaming facility.

     (41)(48) "Twin River-Tiverton Marketing Year" has the same meaning as Marketing Year

(as defined in subsection (14)(17) of this section).

     (42)(49) "Twin River-Tiverton Master Contract" has the same meaning as Newport Grand

Master Contract (as defined in subsection (19)(22) of this section).

     (43)(50) "UTGR Master Contract" means that certain master video lottery terminal contract

made as of July 1, 2005, by and between the division of lotteries of the Rhode Island department

of administration (now the division of lotteries of the Rhode Island department of revenue) and

Twin River, as amended and extended from time to time as authorized therein and/or and as such

UTGR Master Contract may be assigned as permitted therein.

     (44)(51) "Video Lottery Agreement" means that certain Video Lottery Central Computer

System Agreement dated as of December 20, 2001, by and between IGT and the Division, as

amended, extended, assigned, and assumed from time to time.

     (45)(52) "Video lottery games" means lottery games played on Video Lottery Terminals

controlled by the Division.

     (46)(53) "Video lottery terminal" means any electronic computerized video game machine

that, upon the insertion of cash or any other representation of value that has been approved by the

Division, is available to play a video game authorized by the Division, and that uses a video display

and microprocessors in which, by chance, the player may receive free games or credits that can be

redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or

tokens.

     (47)(54) "VLT Agreement" means that certain Video Lottery Terminal Technology

Provider License Agreement dated as of September 28, 2000, by and between IGT and the Division,

as amended, extended, assigned, and assumed from time to time.


 

 

 

413)

Section

Amended Chapter Numbers:

 

42-61.2-1

288 and 289

 

 

42-61.2-1. Definitions.

     For the purpose of this chapter, the following words shall mean:

     (1) “2017 Budget Act” means 2017 — H 5175 Substitute A, as amended, entitled “An Act

Relating to Making Appropriations for the Support of the State for the Fiscal Year ending June 30,

2018,” which Act was signed into law by the Governor of Rhode Island on August 3, 2017.

     (2) “Casino gaming” means any and all table and casino-style games played with cards,

dice, or equipment, for money, credit, or any representative of value; including, but not limited to:

roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or any

other game or device included within the definition of Class III gaming as that term is defined in

Section 2703(8) of Title 25 of the United States Code and that is approved by the state through the

division of state lottery.

     (3) “Central communication system” means a system approved by the Division, linking all

Video Lottery Terminals at a licensed video lottery retailer location to provide auditing program

information and any other information determined by the Division. In addition, the central

communications system must provide all computer hardware and related software necessary for the

establishment and implementation of a comprehensive system as required by the Division.

     (4) “Collegiate sports or athletic event” means a sporting event offered or sponsored by or

played in connection with, a public or private institution that offers educational services beyond

the secondary level, but shall not include a collegiate sports contest or collegiate athletic event that

takes place in Rhode Island or a sports contest or athletic event in which any Rhode Island college

team participates regardless of where the event takes place unless such contest or event is part of a

collegiate tournament.

     (5) “Collegiate tournament” means a series of collegiate sports or athletic events involving

four (4) or more collegiate teams that make up a single unit of competition.

     (5)(6) “Consolidated promotional points program” means, collectively, the “Initial

Promotional Points Program” and the “Supplementary Promotional Points Program” applicable to

the Lincoln gaming facility and the “Initial Promotional Points Program” and the “Supplementary

Promotional Points Program” applicable to the Tiverton gaming facility, with each of the terms

“Initial Promotional Points Program” and “Supplementary Promotional Points Program” having

the meanings given such terms in the 2017 Budget Act.

     (6)(7) “Credit facilitator” means any employee of a licensed video lottery retailer approved

in writing by the Division whose responsibility is to, among other things, review applications for

credit by players, verify information on credit applications, grant, deny, and suspend credit,

establish credit limits, increase and decrease credit limits, and maintain credit files, all in

accordance with this chapter and rules and regulations approved by the Division.

     (7)(8) “DBR” means the department of business regulation, division of gaming and

athletics licensing, and/or any successor in interest thereto.

     (8)(9) “Director” means the director of the Division.

     (9)(10) “Division” means the state lottery division of the department of revenue and/or any

successor in interest thereto.

     (10)(11) “Hosting facility” refers to the Lincoln gaming facility and the Tiverton gaming

facility.

     (11)(12) “IGT” means IGT Global Solutions Corporation, a Delaware corporation.

     (12)(13) “Licensed video lottery retailer” means a pari-mutuel licensee specifically

licensed by the Director subject to the approval of the Division to become a licensed video lottery

retailer.

     (13)(14) “Lincoln gaming facility” means the gaming and entertainment facility located at

100 Twin River Road in the town of Lincoln, Rhode Island (sometimes referred to as “Twin River”

or the “Twin River gaming facility”).

     (14)(15) “Marketing Year” means the fiscal year of the state.

     (15)(16) “Net table-game revenue” means win from table games minus counterfeit

currency.

     (16)(17) “Net terminal income” means currency placed into a Video Lottery Terminal less

credits redeemed for cash by players.

     (17)(18) “Newport Grand” means Newport Grand, LLC, a Rhode Island limited-liability

company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and assignee

of Newport Grand, LLC under the Newport Grand Master Contract, including, without limitation,

Premier (as defined in subsection (25) of this section) and/or Twin River-Tiverton (as defined in

subsection (40) of this section) provided it is a pari-mutuel licensee (as defined in this section);

provided, further, however, where the context indicates that the term is referring to the physical

facility, then it shall mean the gaming and entertainment facility located at 150 Admiral Kalbfus

Road, Newport, Rhode Island.

     (18)(19) “Newport Grand Marketing Year” means each fiscal year of the state or a portion

thereof between November 23, 2010, and the termination date of the Newport Grand Master

Contract.

     (19)(20) “Newport Grand Master Contract” means that certain master video lottery

terminal contract made as of November 23, 2005, by and between the division of lotteries of the

Rhode Island department of administration and Newport Grand, as amended and extended from

time to time as authorized therein and/or as such Newport Grand Master Contract may be assigned

as permitted therein.

     (20)(21) “Online gaming account” means an account opened by a patron that such patron

shall use for the deposit and withdrawal of funds used for online sports wagering.

     (21)(22) “Online sports wagering” means engaging in the act of sports wagering by the

placing of wagers on sporting events or a combination of sporting events, or on the individual

performance statistics of athletes in a sporting event or a combination of sporting events, over the

internet through computers, mobile applications on mobile devices or other interactive devices

approved by the Division, which wagers are accepted by a server-based gaming system located at

the premises of a hosting facility authorized to accept sports wagers and administer payoffs of

winning sports wagers; all such wagers shall be deemed to be placed and accepted at the premises

of a hosting facility.

     (22)(23) “Online sports-wagering revenue” means:

     (i) The total of cash or cash equivalents received from online sports wagering minus the

total of:

     (I) Cash or cash equivalents paid to players as a result of online sports wagering;

     (II) Marketing expenses related to online sports wagering as agreed to by the Division, the

sports-wagering vendor, and the host facilities, as approved by the Division; and

     (III) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I) Counterfeit cash.

     (II) Coins or currency of other countries received as a result of online sports wagering,

except to the extent that the coins or currency are readily convertible to cash.

     (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering

vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by

the Division to a player and subsequently “won back” by the hosting facility or sports-wagering

vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it or its

affiliate has not been reimbursed in cash.

     (23)(24) “Pari-mutuel licensee” means:

     (i) An entity licensed pursuant to § 41-3.1-3; and/or

     (ii) An entity licensed pursuant to § 41-7-3.

     (24)(25) “Payoff,” when used in connection with sports wagering, means cash or cash

equivalents paid to a player as a result of the player’s winning a sports wager. A “payoff” is a type

of “prize,” as the term “prize” is used in chapters 61, 61.2, and 61.3 of this title.

     (25)(26) “Premier” means Premier Entertainment II, LLC and/or its successor in interest

by reason of the acquisition of the stock, membership interests, or substantially all of the assets of

such entity.

     (26)(27) “Prior marketing year,” means, with respect to a marketing year, the most recent

previous marketing year during which the Division operated a majority of the authorized video

lottery games at each of the Lincoln gaming facility and the Tiverton gaming facility for at least

360 days (or 361 days in the case there are 366 days in such marketing year). For the avoidance of

doubt, because the Division will not have operated a majority of the authorized video lottery games

at the Lincoln gaming facility and at the Tiverton gaming facility for at least 361 days during the

marketing year expiring on June 30, 2020, the prior marketing year with respect to the marketing

year expiring on June 30, 2021, shall be the marketing year expiring on June 30, 2019.

     (27)(28) “Promotional points” has the meaning given such term in the 2017 Budget Act.

     (28)(29) “Rake” means a set fee or percentage of cash and chips representing cash wagered

in the playing of a nonbanking table game assessed by a table games retailer for providing the

services of a dealer, gaming table, or location, to allow the play of any nonbanking table game.

     (29)(30) “Server-based gaming system” means all hardware, software, and

communications devices that comprise a system utilized for the purpose of offering an electronic

platform used in connection with the process of placing and accepting sports wagers.

     (30)(31) “Sporting event” means any professional sport or athletic event, any Olympic or

international sports competition event, and any collegiate sport or athletic event, and any other

event authorized by the division or any portion thereof, including, but not limited to, the individual

performance statistics of athletes in a sports event or combination of sports events, except “sporting

event” shall not include a :

     (i) The individual performance statistics of athletes in a collegiate sports or athletic event

which is part of a collegiate tournament:

     (A) That Takes takes place in Rhode Island; or

     (B) In which any Rhode Island college team participates regardless of where the event

takes place; or

     (ii) Any other prohibited sporting event as determined by the division.

     (31)(32) “Sports wagering” means the business of accepting wagers on sporting events or

a combination of sporting events, or on the individual performance statistics of athletes in a sporting

event or combination of sporting events, by any system or method of wagering. The term includes,

but is not limited to, exchange wagering, parlays, over-under, moneyline, pools, and straight bets,

and the term includes the placement of such bets and wagers. However, the term does not include,

without limitation, the following:

     (i) Lotteries, including video lottery games and other types of casino gaming operated by

the state, through the Division, as of June 22, 2018.

     (ii) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing, or

greyhound dog racing, including but not limited to, pari-mutuel wagering on a race that is

“simulcast” (as defined in § 41-11-1), as regulated elsewhere pursuant to the general laws,

including in chapters 3, 3.1, 4, and 11 of title 41.

     (iii) Off-track betting on racing events, as regulated elsewhere pursuant to the general laws,

including in chapter 10 of title 41.

     (iv) Wagering on the respective scores or points of the game of jai alai or pelota and the

sale of pari-mutuel pools related to such games, as regulated elsewhere pursuant to the general

laws, including in chapter 7 of title 41.

     (v) Lotteries, charitable gaming, games of chance, bingo games, raffles, and pull-tab lottery

tickets, to the extent permitted and regulated pursuant to chapter 19 of title 11.

     (32)(33) “Sports-wagering device” means any mechanical, electrical, or computerized

contrivance, terminal, machine, or other device, apparatus, equipment, or supplies approved by the

Division and used to conduct sports wagering.

     (33)(34) “Sports-wagering revenue” means:

     (i) The total of cash or cash equivalents received from sports wagering minus the total of:

     (I) Cash or cash equivalents paid to players as a result of sports wagering;

     (II) The annual flat fee to the host communities as defined by § 42-61.2-5(c);

     (III) Marketing expenses related to sports wagering as agreed to by the Division, the sports-

wagering vendor, and the host facilities, as approved by the Division; and

     (IV) Any federal excise taxes (if applicable).

     (ii) The term does not include any of the following:

     (I) Counterfeit cash.

     (II) Coins or currency of other countries received as a result of sports wagering, except to

the extent that the coins or currency are readily convertible to cash.

     (III) Cash taken in a fraudulent act perpetrated against a hosting facility or sports-wagering

vendor for which the hosting facility or sports-wagering vendor is not reimbursed.

     (IV) Free play provided by the hosting facility or sports-wagering vendor as authorized by

the Division to a patron and subsequently “won back” by the hosting facility or sports-wagering

vendor, for which the hosting facility or sports-wagering vendor can demonstrate that it or its

affiliate has not been reimbursed in cash.

     (34)(35) “Sports-wagering vendor” means any entity authorized by the Division to operate

sports betting on the Division’s behalf in accordance with this chapter.

     (35)(36) “Table game” or “Table gaming” means that type of casino gaming in which table

games are played for cash or chips representing cash, or any other representation of value that has

been approved by the Division, using cards, dice, or equipment and conducted by one or more live

persons.

     (36)(37) “Table-game retailer” means a retailer authorized to conduct table gaming

pursuant to § 42-61.2-2.1 or § 42-61.2-2.3.

     (37)(38) “Technology provider” means any individual, partnership, corporation, or

association that designs, manufactures, installs, maintains, distributes, or supplies Video Lottery

Terminals or associated equipment for the sale or use in this state.

     (38)(39) “Tiverton gaming facility” means the gaming and entertainment facility located

at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton,

Rhode Island (sometimes referred to as “Twin River-Tiverton”).

     (39)(40) “Twin River” (sometimes referred to as “UTGR”) means UTGR, Inc., a Delaware

corporation, and each permitted successor to and assignee of UTGR, Inc.; provided, however,

where the context indicates that the term is referring to a physical facility, then “Twin River” shall

mean the Lincoln gaming facility.

     (40)(41) “Twin River-Tiverton” means Twin River-Tiverton, LLC and/or its successor in

interest by reason of the acquisition of the stock, membership interests, or substantially all of the

assets of such entity; provided, however, where the context indicates that the term is referring to a

physical facility, then “Twin River-Tiverton” shall mean the Tiverton gaming facility.

     (41)(42) “Twin River-Tiverton Marketing Year” has the same meaning as Marketing Year

(as defined in subsection (14) of this section).

     (42)(43) “Twin River-Tiverton Master Contract” has the same meaning as Newport Grand

Master Contract (as defined in subsection (19) of this section).

     (43)(44) “UTGR Master Contract” means that certain master video lottery terminal

contract made as of July 1, 2005, by and between the division of lotteries of the Rhode Island

department of administration (now the division of lotteries of the Rhode Island department of

revenue) and Twin River, as amended and extended from time to time as authorized therein and/or

as such UTGR Master Contract may be assigned as permitted therein.

     (44)(45) “Video Lottery Agreement” means that certain Video Lottery Central Computer

System Agreement dated as of December 20, 2001, by and between IGT and the Division, as

amended, extended, assigned, and assumed from time to time.

     (45)(46) “Video lottery games” means lottery games played on Video Lottery Terminals

controlled by the Division.

     (46)(47) “Video lottery terminal” means any electronic computerized video game machine

that, upon the insertion of cash or any other representation of value that has been approved by the

Division, is available to play a video game authorized by the Division, and that uses a video display

and microprocessors in which, by chance, the player may receive free games or credits that can be

redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or

tokens.

     (47)(48) “VLT Agreement” means that certain Video Lottery Terminal Technology

Provider License Agreement dated as of September 28, 2000, by and between IGT and the Division,

as amended, extended, assigned, and assumed from time to time.


 

 

 

414)

Section

Added Chapter Numbers:

 

42-61.2-3.4

135 and 158

 

 

42-61.2-3.4. iGaming Regulation.

     In addition to the powers and duties of the Division director under §§ 42-61-4, 42-61.2-3,

42-61.2-3.1, 42-61.2-3.2, 42-61.2-3.3, and 42-61.2-4 and pursuant to §§ 42-61.2-2.1 and 42-61.2-

2.3, the Division director shall promulgate rules and regulations relating to state-operated iGaming

and set policy for such gaming. Such rules and regulations shall include, but not be limited to:

     (1) Standards, rules, and regulations to govern the conduct of iGaming, including, without

limitation:

     (i) Procedures for investigation of patron complaints related to iGaming;

     (ii) Terms and conditions for iGaming;

     (iii) Internal controls for all aspects of iGaming, including procedures for system integrity,

system security, operations, accounting, and reporting of problem gamblers;

     (iv) Operational controls for server-based gaming systems, software, and hardware utilized

for iGaming, including, but not limited to, appearance, functionality, contents, collection, storage,

and retention of data and security;

     (v) Operational controls for online gaming accounts, including, but not limited to,

procedures for the establishment and closure of an online gaming account, funding of withdrawal

of funds from an online gaming account, and generation of an account statement for a patron's

online gaming account; and

     (vi) Age restrictions for online iGaming patrons, which shall be prohibited for players who

have not reached twenty-one (21) years of age.;

     (2) Establishing the method for calculating online slot gaming revenue and online table

gaming revenue and standards for the daily counting and recording of cash and cash equivalents

received in the conduct of online slot games and online table games, and ensuring that internal

controls are followed and financial books and records are maintained and audits are conducted;

     (3) Requiring the iGaming platform vendor to provide written information prominently

displayed on any electronic platform available to the patron through a server-based gaming system,

regarding wagering rules, payoffs on winning wagers, deposits, withdrawals, and other information

as the Division may require; and

     (4) Any other matters necessary for conducting iGaming.


 

 

415)

Section

Amending Chapter Numbers:

 

42-61.2-4

135 and 158

 

 

42-61.2-4. Additional powers and duties of director and lottery division.

     In addition to the powers and duties set forth in §§ 42-61-4 and 42-61.2-3, the director shall

have the power to:

     (1) Supervise and administer the operation of video lottery games and, sports wagering,

and iGaming in accordance with this chapter and with the rules and regulations of the division;

     (2) Suspend or revoke upon a hearing any license issued pursuant to this chapter or the

rules and regulations promulgated under this chapter;

     (3) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

operation of a central communications system and technology providers, or any part thereof;

     (4) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

provision of sports-wagering systems, facilities, and related technology necessary and/or desirable

for the state-operated sports wagering to be hosted at Twin River and the Tiverton gaming facilities,

including technology related to the operation of on-premises remote sports wagering, or any part

thereof;

     (5) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

provision of server-based gaming systems, facilities, and related technology necessary and/or or

desirable for the state-operated online sports wagering; and

     (6) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the

provision of services and technology necessary or desirable for state-operated iGaming; and

     (6)(7) Certify monthly to the budget officer, the auditor general, the permanent joint

committee on state lottery, and to the governor a full and complete statement of lottery revenues,

prize disbursements, and other expenses for the preceding month; ensure that monthly financial

reports are prepared providing gross monthly revenues, prize disbursements, other expenses, and

net income for keno and for all other lottery operations; submit this report to the state budget officer,

the auditor general, the permanent joint committee on state lottery, the legislative fiscal advisors,

and the governor no later than the twentieth business day following the close of the month; at the

end of each fiscal year the director shall submit an annual report based upon an accrual system of

accounting that shall include a full and complete statement of lottery revenues, prize disbursements,

and expenses, to the governor and the general assembly, which report shall be a public document

and shall be filed with the secretary of state. The monthly report shall be prepared in a manner

prescribed by the members of the revenue estimating conference.


 

 

 

416)

Section

Added Chapter Numbers:

 

42-61.2-5.1

135 and 158

 

 

42-61.2-5.1. Allocation of online slot gaming revenue.

     (a) Notwithstanding the provisions of § 42-61-15, the division of lottery is authorized to

enter into an agreement to allocate online slot gaming revenue among the state, the state's

authorized iGaming platform vendor, and the state's authorized iGaming game vendor.

     (b) The allocation of online slot gaming revenue shall be as follows:

     (1) To the state, sixty-one percent (61%) of online slot gaming revenue;

     (2) To the state's authorized iGaming platform vendor twenty-two and fifty-five

hundredths percent (22.55%) of online slot gaming revenue; and

     (3) To the state's authorized iGaming game vendor fifteen percent (15%) of online slot

gaming revenue; and

     (4) To the Town of Lincoln and the Town of Tiverton collectively, one and forty-five

hundredth percent (1.45%) of online slot gaming revenue, divided whereby the Town of Lincoln

receives seventy-seven percent (77%) of such allocation and the Town of Tiverton receives

twenty-three percent (23%) of such allocation; provided that the amounts received under this

subsection shall be credited towards the Lincoln Minimum and Tiverton Minimum, respectively,

pursuant to § 42-61.2-7.

     (c) Online slot gaming revenue allocated to the state shall be deposited into the state lottery

fund for administrative purposes and then the balance remaining into the general fund.


 

 

417)

Section

Added Chapter Numbers:

 

42-61.2-5.2

135 and 158

 

 

42-61.2-5.2. Allocation of online table gaming revenue.

     (a) Notwithstanding the provisions of § 42-61-15, the division of lottery is authorized to

enter into an agreement to allocate online table gaming revenue among the state, the state's

authorized iGaming platform vendor, and the state's authorized iGaming game vendor.

     (b) The allocation of online table gaming revenue shall be:

     (1) To the state, fifteen and one-half percent (15.5%) of online table gaming revenue;

     (2) To the state's authorized iGaming platform vendor, thirty-five percent (35%) of online

table gaming revenue;

     (3) To the state's authorized iGaming game vendor, forty-eight and one-half percent

(48.5%) of online table gaming revenue; and

     (4) To the Town of Lincoln and the Town of Tiverton collectively, one percent (1%) of

online table game gaming revenue, divided whereby the Town of Lincoln receives eighty percent

(80%) of such allocation and the Town of Tiverton receives twenty percent (20%) of such

allocation; provided that the amounts received under this subsection shall be credited towards the

Lincoln Minimum and Tiverton Minimum, respectively, pursuant to § 42-61.2-7.

     (c) Online table gaming revenue allocated to the state shall be deposited into the state

lottery fund for administrative purposes and then the balance remaining into the general fund.


 

 

418)

Section

Amending Chapter Numbers:

 

42-61.2-6

135 and 158

 

 

42-61.2-6. When games may be played.

     (a) Video lottery games authorized by this chapter may be played at the licensed video

lottery retailer's facilities with the approval of the division, even if that facility is not conducting a

pari-mutuel event.

     (b) Sports wagering authorized by this chapter, including accepting sports wagers and

administering payoffs of winning sports wagers, may be conducted at the Twin River and the

Tiverton gaming facilities, with the approval of the division, even if that facility is not conducting

a pari-mutuel event.

     (c) Casino gaming (including iGaming) authorized by this chapter and including accepting

wagers and administering payoffs of winning wagers on casino gaming, online slot games, and

online table games, may be conducted at the Twin River and the Tiverton gaming facilities, with

the approval of the Division, even if that facility is not conducting a pari-mutuel event.


419)

Section

Amending Chapter Numbers:

 

42-61.2-9

135 and 158

 

 

42-61.2-9. Unclaimed prize money, including unclaimed sports-wagering payoffs.

     Unclaimed prize money for prizes in connection with the play of a video lottery game,

iGaming game, and an unclaimed payoff in connection with a sports wager shall be retained by the

director for the person entitled thereto for one year after, respectively, the completion of the

applicable video lottery game, iGaming game, or the determination of the result of the sporting

event that was the subject of the applicable sports wager. If no claim is made for the prize money

or payoff within that year, the prize money or payoff shall automatically revert to the lottery fund

and the winner shall have no claim thereto.


 

 

420)

Section

Amending Chapter Numbers:

 

42-61.2-11

135 and 158

 

 

42-61.2-11. Effect of other laws and local ordinances.

     (a) No other law providing any penalty or disability for operating, hosting, maintaining,

supporting, or playing video lottery games, or any acts done in connection with video lottery games,

shall apply to operating, hosting, maintaining, supporting, or playing video lottery games pursuant

to this chapter.

     (b) No other law providing any penalty or disability for conducting, hosting, maintaining,

supporting, or participating in sports wagering, or any acts done in connection with sports wagering,

shall apply to conducting, hosting, maintaining, supporting, or participating in sports wagering

pursuant to this chapter.

     (c) No other law providing any penalty or disability for conducting, hosting, maintaining,

supporting, or participating in casino gaming, including iGaming, or any acts done in connection

with casino gaming, including iGaming, shall apply to conducting, hosting, maintaining,

supporting, or participating in casino gaming, including iGaming pursuant to this chapter.

     (c)(d) The provisions of §§ 41-9-4 and 41-9-6 shall not apply to this chapter, and the

provisions of this chapter shall take precedence over any local ordinances to the contrary. It is

specifically acknowledged that the installation, operation, and use of video lottery terminals by a

pari-mutuel licensee, as authorized in this chapter, shall for all purposes be deemed a permitted use

as defined in § 45-24-31. No city or town where video lottery terminals are authorized may seek to

prevent the installation and use of said video lottery terminals by defining such as a prohibited use.


 

 

421)

Section

Amending Chapter Numbers:

 

42-61.2-14

135 and 158

 

 

42-61.2-14. Compulsive and problem gambling programs.

     The Division and the state acknowledge that the vast majority of gaming patrons can enjoy

gambling games responsibly, but that there are certain societal costs associated with gaming by

some individuals who have problems handling the product or services provided. The Division and

the State further understand that it is their duty to act responsibly toward those who cannot

participate conscientiously in gaming. Pursuant to the foregoing, Twin River and Twin River-

Tiverton, in cooperation with the State, shall offer compulsive and problem gambling programs

that include, but are not limited to (a) Problem gambling awareness programs for employees; (b)

Player self-exclusion program; and (c) Promotion of a problem gambling hotline; and (d) Education

on responsible gambling and prevention of problem gambling. Twin River and Twin River-

Tiverton shall modify their existing compulsive and problem gambling programs to include table

games, and sports wagering, and iGaming to the extent such games are authorized at such facilities

or through the Internet internet or a mobile application. Twin River and Twin River-Tiverton shall

reimburse and pay to the Division no less than two hundred thousand dollars ($200,000) in

aggregate annually for compulsive and problem gambling programs established by the Division

and no less than fifty thousand dollars ($50,000) in the aggregate annually for education and

prevention programs. The contribution from each facility shall be determined by the Division. A

person who is prohibited from gaming in a gaming establishment due to the player self-exclusion

program shall not collect any winnings or recover losses arising as a result of prohibited gaming

activity by said person. Winnings from a self-excluded person, after the deduction of taxes and

other applicable withholdings, shall be forfeited to the division. The division shall forward such

forfeited winnings, up to one hundred fifty thousand dollars ($150,000) per year, to the Rhode

Island Council on Problem Gambling for its use for research, education, and prevention of teenage

gambling addiction, with the balance to be transferred by the division to the general fund.


 

 

422)

Section

Amending Chapter Numbers:

 

42-61.2-15

135 and 158

 

 

42-61.2-15.  Table game, sports- wagering, and iGaming hours of operation.

     (a) To the extent table games are authorized at the premises of a table-game retailer, such

table games may be offered at the premises of a table-game retailer for all or a portion of the days

and times that video lottery games are offered.

     (b) To the extent sports wagering is authorized at the premises of a table-game retailer,

such sports wagering may be offered at the premises of such table-game retailer for all or a portion

of the days and times that video lottery games are offered.

     (c) To the extent online sports wagering is authorized at a hosting facility, such online

sports wagering may be offered without any restriction on hours of operation and shall not be

limited by the days and times that video lottery games and/or or table games are offered.

     (d) To the extent iGaming is authorized at a hosting facility, such iGaming may be offered

without any restriction on hours of operation and shall not be limited by the days and times that

video lottery games or table games are offered.


 

 

423)

Section

Added Chapter Numbers:

 

42-61.2-17

135 and 158

 

 

42-61.2-17. General requirements for iGaming.

     (a) Wagers in connection with iGaming shall only be initiated, received, or otherwise made

within the State of Rhode Island. The iGaming platform vendor shall only accept wagers in

connection with iGaming from players who have been affirmatively located as being physically

present in the State of Rhode Island at the time of their wager.

     (b) The server-based gaming system shall employ a mechanism to detect the physical

location of a player at the time the player is wagering, and as frequently as specified in any

regulations promulgated by the state, through the Division. If the system detects that the physical

location of the patron at the time the player is wagering is in an area outside the State of Rhode

Island, or if it cannot detect the physical location of the patron, the system shall not accept that

patron's wagers until such time as the patron is determined to be physically located in the State of

Rhode Island.

     (c) The server-based gaming system used to process wagers in connection with iGaming,

and all other hardware, software, and technology or equipment located on a hosting facility's

premises and used in connection with iGaming, shall be located in a restricted area on the hosting

facility's premises. This restriction shall not apply to online table games, which may be conducted

on the hosting facility's premises in a place and manner approved by the Division.

     (d) Other than the server-based gaming system used for iGaming, the hardware, software,

and other technology and equipment used by the iGaming game vendor and its suppliers do not

need to be located in the State of Rhode Island.

     (e) iGaming shall only be engaged in by patrons who have established an online gaming

account pursuant to the rules and regulations promulgated by the Division.


 

 

424)

Section

Added Chapter Numbers:

 

42-61.2-18

135 and 158

 

 

42-61.2-18. Acceptance of out-of-state iGaming.

     (a) Notwithstanding any other provision of law to the contrary, wagers may be accepted

under this chapter from persons who are not physically present in Rhode Island if the Division has

determined that:

     (1) Accepting the wagers is not inconsistent with federal or Rhode Island constitutional

and statutory law and not inconsistent with the law of the jurisdiction in which the person placing

the wagers is located; or

     (2) The wagering is conducted pursuant to a reciprocal agreement to which Rhode Island

is a party that is not inconsistent with federal or state law, including Rhode Island constitutional

and statutory law.

     (b) The Division may enter into an interactive gaming reciprocal agreement with a

regulatory agency of one or more other states or jurisdictions in which interactive gaming is

authorized to allow an interactive gaming operator to accept wagers from persons not physically

present in Rhode Island, and to allow persons physically present in Rhode Island to place wagers

with parties to the interactive gaming reciprocal agreement, if the Division has determined that the

reciprocal agreement is not inconsistent with federal and state law, including Rhode Island

constitutional and statutory law.


 

 

 

425)

Section

Amended Chapter Numbers:

 

42-62-10

294 and 295

 

 

42-64-10. Findings of the corporation.

     (a) Except as specifically provided in this chapter, the Rhode Island commerce corporation

shall not be empowered to undertake the acquisition, construction, reconstruction, rehabilitation,

development, or improvement of a project, nor enter into a contract for any undertaking or for the

financing of this undertaking, unless it first:

     (1) Finds:

     (i) That the acquisition or construction and operation of the project will prevent, eliminate,

or reduce unemployment or underemployment in the state and will generally benefit economic

development of the state;

     (ii) That adequate provision has been made or will be made for the payment of the cost of

the acquisition, construction, operation, and maintenance and upkeep of the project;

     (iii) That, with respect to real property, the plans and specifications assure adequate light,

air, sanitation, and fire protection;

     (iv) That the project is in conformity with the applicable provisions of chapter 23 of title

46; and

     (v) That the project is in conformity with the applicable provisions of the state guide plan;

and

     (2) Prepares and publicly releases an analysis of the impact the proposed project will or

may have on the State state. The analysis shall be supported by appropriate data and documentation

and shall consider, but not be limited to, the following factors:

     (i) The impact on the industry or industries in which the completed project will be involved;

     (ii) State fiscal matters, including the state budget (revenues and expenses);

     (iii) The financial exposure of the taxpayers of the state under the plans for the proposed

project and negative foreseeable contingencies that may arise therefrom;

     (iv) The approximate number of full-time, part-time, temporary, seasonal, and/or

permanent jobs projected to be created, construction and non-construction;

     (v) Identification of geographic sources of the staffing for identified jobs;

     (vi) The projected duration of the identified construction jobs;

     (vii) The approximate wage rates for each category of the identified jobs;

     (viii) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job applicants

and minority businesses.

     (b) With respect to the uses described in § 42-64-3(18), (23), (30), (35), and (36) and with

respect to projects situated on federal lands, the corporation shall not be required to make the

findings specified in subsection (a)(1)(i) of this section.

     (c) Except for the findings specified in subsections (a)(1)(iv) and (a)(1)(v) of this section,

the findings of the corporation made pursuant to this section shall be binding and conclusive for all

purposes. Upon adoption by the corporation, any such findings shall be transmitted to the division

of taxation, and shall be made available to the public for inspection by any person, and shall be

published by the tax administrator on the tax division website.

     (d) The corporation shall monitor every impact analysis it completes through the duration

of any project incentives. Such monitoring shall include annual reports which that shall be

transmitted to the division of taxation, and shall be available to the public for inspection by any

person, and shall be published by the tax administrator on the tax division website. The annual

reports on the impact analysis shall include:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (e) Upon its preparation and release of the analysis required by subsection (a)(2) of this

section, the corporation shall provide copies of that analysis to the chairpersons of the house and

senate finance committees, the house and senate fiscal advisors, the department of labor and

training and the division of taxation. Any such analysis shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division website.

Annually thereafter, the department of labor and training shall certify to the chairpersons of the

house and senate finance committees, the house and senate fiscal advisors, the corporation, and the

division of taxation that: (i) the The actual number of new full-time jobs with benefits created by

the project, not including construction jobs, is on target to meet or exceed the estimated number of

new jobs identified in the analysis above, and (ii) the The actual number of existing full-time jobs

with benefits has not declined. This certification shall no longer be required two (2) tax years after

the terms and conditions of both the general assembly’s joint resolution of approval required by §

42-64-20.1 of this chapter and any agreement between the corporation and the project lessee have

been satisfied. For purposes of this section, “full-time jobs with benefits” means jobs that require

working a minimum of thirty (30) hours per week within the state, with a median wage that exceeds

by five percent (5%) the median annual wage for full-time jobs in Rhode Island and within the

taxpayer’s industry, with a benefit package that includes healthcare insurance plus other benefits

typical of companies within the project lessee’s industry. The department of labor and training shall

also certify annually to the chairpersons of the house and senate finance committees, the house and

senate fiscal advisors, and the division of taxation that jobs created by the project are “new jobs”

in the state of Rhode Island, meaning that the employees of the project are in addition to, and

without a reduction in the number of, those employees of the project lessee currently employed in

Rhode Island, are not relocated from another facility of the project lessee in Rhode Island or are

employees assumed by the project lessee as the result of a merger or acquisition of a company

already located in Rhode Island. The certifications made by the department of labor and training

shall be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (f) The corporation, with the assistance of the taxpayer, the department of labor and

training, the department of human services, and the division of taxation shall provide annually an

analysis of whether any of the employees of the project lessee has received RIte Care or RIte Share

benefits and the impact such benefits or assistance may have on the state budget. Any such analysis

shall be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website. Notwithstanding any other provision of law or rule or

regulation, the division of taxation, the department of labor and training, and the department of

human services are authorized to present, review, and discuss lessee-specific tax or employment

information or data with the Rhode Island commerce corporation (RICC), the chairpersons of the

house and senate finance committees, and/or the house and senate fiscal advisors for the purpose

of verification and compliance with this tax credit reporting requirement.

     (g) The corporation and the project lessee shall agree that, if at any time prior to pay back

of the amount of the sales tax exemption through new income tax collections over three (3) years,

not including construction job income taxes, the project lessee will be unable to continue the

project, or otherwise defaults on its obligations to the corporation, the project lessee shall be liable

to the state for all the sales tax benefits granted to the project plus interest, as determined in Rhode

Island General Law§ 44-1-7, calculated from the date the project lessee received the sales tax

benefits.

     (h) Any agreements or contracts entered into by the corporation and the project lessee shall

be sent to the division of taxation and be available to the public for inspection by any person and

shall be published by the tax administrator on the tax division website.

     (i) By August 15thof each year the project lessee shall report the source and amount of any

bonds, grants, loans, loan guarantees, matching funds, or tax credits received from any state

governmental entity, state agency, or public agency as defined in § 37-2-7 received during the

previous state fiscal year. This annual report shall be sent to the division of taxation and be available

to the public for inspection by any person and shall be published by the tax administrator on the tax

division website.

     (j) By August 15th of each year the division of taxation shall report the name, address, and

amount of sales tax benefit each project lessee received during the previous state fiscal year to the

corporation, the chairpersons of the house and senate finance committees, the house and senate

fiscal advisors, the department of labor and training and the division of taxation. This report shall

be available to the public for inspection by any person and shall be published by the tax

administrator on the tax division website.

     (k) On or before September 1, 2011, and every September 1 thereafter, the project lessee

shall file an annual report with the tax administrator. Said report shall contain each full-time

equivalent, part-time or seasonal employee’s name, social security number, date of hire, and hourly

wage as of the immediately preceding July 1 and such other information deemed necessary by the

tax administrator. The report shall be filed on a form and in a manner prescribed by the tax

administrator.


 

 

 

426)

Section

Amended Chapter Numbers:

 

42-64.3-6.1

294 and 295

 

 

42-64.3-6.1. Impact analysis and periodic reporting.

     (a) The council shall not certify any applicant as a qualified business under subsection§42-

64.3-3(4) of this chapter until it has first prepared and publicly released an analysis of the impact

the proposed investment will or may have on the state. The analysis shall be supported by

appropriate data and documentation and shall consider, but not be limited to, the following factors:

     (i)(1) The impact on the industry or industries in which the applicant will be involved;

     (ii)(2) State fiscal matters, including the state budget (revenues and expenses);

     (iii)(3) The financial exposure of the taxpayers of the state under the plans for the proposed

investment and negative foreseeable contingencies that may arise therefrom;

     (iv)(4) The approximate number of full-time, part-time, temporary, seasonal and/or

permanent jobs projected to be created, construction and non-construction;

     (v)(5) Identification of geographic sources of the staffing for identified jobs;

     (vi)(6) The projected duration of the identified construction jobs;

     (vii)(7) The approximate wage rates for each category of the identified jobs;

     (viii)(8) The types of fringe benefits to be provided with the identified jobs, including

healthcare insurance and any retirement benefits;

     (ix)(9) The projected fiscal impact on increased personal income taxes to the state of Rhode

Island; and

     (x)(10) The description of any plan or process intended to stimulate hiring from the host

community, training of employees or potential employees, and outreach to minority job applicants

and minority businesses.

     (b) The council shall monitor every impact analysis it completes through the duration of

any approved tax credit. Such monitoring shall include annual reports made available to the public

on the:

     (1) Actual versus projected impact for all considered factors; and

     (2) Verification of all commitments made in consideration of state incentives or aid.

     (c) Upon its preparation and release of the analysis required by subsection (b) of this

section, the council shall provide copies of that analysis to the chairpersons of the house and senate

finance committees, the house and senate fiscal advisors, the department of labor and training, and

the division of taxation. Any such analysis shall be available to the public for inspection by any

person and shall by published by the tax administrator on the tax division website. Annually

thereafter, through and including the second tax year after any taxpayer has applied for and received

a tax credit pursuant to this chapter, the department of labor and training shall certify to the

chairpersons of the house and senate finance committees, the house and senate fiscal advisors, the

corporation, and the division of taxation that: (i)(1) the The actual number of new full-time jobs

with benefits created by the tax credit, not including construction jobs, is on target to meet or exceed

the estimated number of new jobs identified in the analysis above; and (ii)(2) the The actual number

of existing full-time jobs with benefits has not declined. For purposes of this section, “full-time

jobs with benefits” means jobs that require working a minimum of thirty (30) hours per week within

the state, with a median wage that exceeds by five percent (5%) the median annual wage for full-

time jobs in Rhode Island and within the taxpayer’s industry, with a benefit package that includes

healthcare insurance plus other benefits typical of companies within the taxpayer’s industry. The

department of labor and training shall also certify annually to the house and senate fiscal committee

chairs, the house and senate fiscal advisors, and the division of taxation that jobs created by the tax

credit are “new jobs” in the state of Rhode Island, meaning that the employees of the project are in

addition to, and without a reduction of, those employees of the taxpayer currently employed in

Rhode Island, are not relocated from another facility of the taxpayer in Rhode Island or are

employees assumed by the taxpayer as the result of a merger or acquisition of a company already

located in Rhode Island. The certifications made by the department of labor and training shall be

available to the public for inspection by any person and shall be published by the tax administrator

on the tax division website.

     (d) The council, with the assistance of the taxpayer, the department of labor and training,

the department of human services, and the division of taxation shall provide annually an analysis

of whether any of the employees of the taxpayer has received RIte Care or RIte Share benefits and

the impact such benefits or assistance may have on the state budget. This analysis shall be available

to the public for inspection by any person and shall be published by the tax administrator on the tax

division website. Notwithstanding any other provision of law or rule or regulation, the division of

taxation, the department of labor and training, and the department of human services are authorized

to present, review, and discuss taxpayer-specific tax or employment information or data with the

council, the chairpersons of the house and senate finance committees, and/or the house and senate

fiscal advisors for the purpose of verification and compliance with this tax credit reporting

requirement.

     (e) Any agreements or contracts entered into by the council and the taxpayer shall be sent

to the division of taxation and be available to the public for inspection by any person and shall be

published by the tax administrator on the tax division website.

     (f) By August 15th of each year the taxpayer shall report the source and amount of any

bonds, grants, loans, loan guarantees, matching funds, or tax credits received from any state

governmental entity, state agency, or public agency as defined in § 37-2-7 received during the

previous state fiscal year. This annual report shall be sent to the division of taxation and be available

to the public for inspection by any person and shall be published by the tax administrator on the tax

division website.

     (g) By August 15th of each year the division of taxation shall report the name, address, and

amount of tax credit received for each taxpayer during the previous state fiscal year to the council,

the chairpersons of the house and senate finance committees, the house and senate fiscal advisors,

the department of labor and training and the division of taxation. This report shall be available to

the public for inspection by any person and shall be published by the tax administrator on the tax

division website.

     (h) On or before September 1, 2011, and every September 1 thereafter, the project lessee

shall file an annual report with the tax administrator. Said report shall contain each full-time

equivalent, part-time or seasonal employee’s name, social security number, date of hire, and hourly

wage as of the immediately preceding July 1 and such other information deemed necessary by the

tax administrator. The report shall be filed on a form and in a manner prescribed by the tax

administrator.


 

 

 

427)

Section

Amended Chapter Numbers:

 

42-64.19-3

323 and 324

 

 

42-64.19-3. Executive office of commerce.

     (a) There is hereby established within the executive branch of state government an

executive office of commerce effective February 1, 2015, to serve as the principal agency of the

executive branch of state government for managing the promotion of commerce and the economy

within the state and shall have the following powers and duties in accordance with the following

schedule:

     (1) On or about February 1, 2015, to operate functions from the department of business

regulation;

     (2) On or about April 1, 2015, to operate various divisions and functions from the

department of administration;

     (3) On or before September 1, 2015, to provide to the Senate and the House of

Representatives a comprehensive study and review of the roles, functions, and programs of the

department of administration and the department of labor and training to devise recommendations

and a business plan for the integration of these entities with the office of the secretary of commerce.

The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and

     (4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce

and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy

secretary of commerce and housing shall succeed to the position of secretary of housing, and the

position of deputy secretary of commerce and housing shall cease to exist under this chapter. All

references in the general laws to the deputy secretary of commerce and housing shall be construed

to mean the secretary of housing. The secretary of housing shall be appointed by and report directly

to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy

secretary of commerce and housing. Until the formation of the new department of housing pursuant

to chapter 64.34 of this title, the secretary of housing shall reside within the executive office of

commerce for administrative purposes only. The secretary of housing shall:

     (i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in

the field of urban planning, economics, or a related field of study or possess a juris doctor law

degree. Preference shall be provided to candidates having earned an advanced degree consisting of

an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have

documented five (5) years’ full-time experience employed in the administration of housing policy

and/or development;

     (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and

developing a housing plan, including, but not limited to, the development of affordable housing

opportunities to assist in building strong community efforts and revitalizing neighborhoods;

     (iii) Coordinate with all agencies directly related to any housing initiatives and participate

in the promulgation of any regulation having an impact on housing including, but not limited to,

the Rhode Island housing and mortgage finance corporation, the coastal resources management

council (CRMC), and state departments including, but not limited to: the department of

environmental management (DEM), the department of business regulation (DBR), the department

of transportation (DOT) and statewide planning, and the Rhode Island housing resources

commission;

     (iv) Coordinate with the housing resources commission to formulate an integrated housing

report to include findings and recommendations to the governor, speaker of the house, senate

president, each chamber’s finance committee, and any committee whose purview is reasonably

related to, including, but not limited to, issues of housing, municipal government, and health on or

before December 31, 2021, and annually thereafter which report shall include, but not be limited

to, the following:

     (A) The total number of housing units in the state with per community counts, including

the number of Americans with Disabilities Act compliant special needs units;

     (B) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A);

     (C) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of

the prior three (3) years in figures and as a percentage;

     (D) The number of net new units in development and number of units completed since the

prior report;

     (E) For each municipality the number of single-family, two-family (2), and three-family

(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful

description of current conditions, including a statewide sum of each unit type;

     (F) The total number of units by income type;

     (G) A projection of the number of status quo units;

     (H) A projection of the number of units required to meet housing formation trends;

     (I) A comparison of regional and other similarly situated state funding sources that support

housing development including a percentage of private, federal, and public support;

     (J) A reporting of unit types by number of bedrooms for rental properties including an

accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (K) A reporting of unit types by ownership including an accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (L) A reporting of the number of applications submitted or filed for each community

according to unit type and an accounting of action taken with respect to each application to include,

approved, denied, appealed, approved upon appeal, and if approved, the justification for each

approval;

     (M) A reporting of permits for each community according to affordability level that were

sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for

each approval;

     (N) A reporting of affordability by municipality that shall include the following:

     (I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-

market rate, and above-market-rate units; including the average and median costs of those units;

     (II) The percent and number of units of extremely low-, very low-, low-, and moderate-

income housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24

of title 45; including the average and median costs of those units;

     (III) The percent and number of units for the affordability levels above moderate-income

housing, including a comparison to fair-market rent and fair-market homeownership; including the

average and median costs of those units;

     (IV) The percentage of cost burden by municipality with population equivalent;

     (V) The percentage and number of home financing sources, including all private, federal,

state, or other public support; and

     (VI) The cost growth for each of the previous five (5) years by unit type at each

affordability level, by unit type;

     (O) A reporting of municipal healthy housing stock by unit type and number of bedrooms

and providing an assessment of the state’s existing housing stock and enumerating any risks to the

public health from that housing stock, including, but not limited to: the presence of lead, mold, safe

drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable

health detriment. Additionally, the report shall provide the percentage of the prevalence of health

risks by age of the stock for each community by unit type and number of bedrooms; and

     (P) A recommendation shall be included with the report required under this section that

shall provide consideration to any and all populations, ethnicities, income levels, and other relevant

demographic criteria determined by the secretary, and with regard to any and all of the criteria

enumerated elsewhere in the report separately or in combination, provide recommendations to

resolve any issues that provide an impediment to the development of housing, including specific

data and evidence in support of the recommendation. All data and methodologies used to present

evidence are subject to review and approval of the chief of revenue analysis, and that approval shall

include an attestation of approval by the chief to be included in the report;

     (v) Have direct oversight over the office of housing and community development (OHCD)

and shall be responsible for coordinating with the secretary of commerce a shared staffing

arrangement until June 30, 2023, to carry out the provisions of this chapter;

     (vi) On or before November 1, 2022, develop a housing organizational plan to be provided

to the general assembly that includes a review, analysis, and assessment of functions related to

housing of all state departments, quasi-public agencies, boards, and commissions. Provided,

further, the secretary, with the input from each department, agency, board, and commission, shall

include in the plan comprehensive options, including the advantages and disadvantages of each

option and recommendations relating to the functions and structure of the new department of

housing.;

     (viiivii) Establish rules and regulations as set forth in § 45-24-77.

     (b) In this capacity, the office shall:

     (1) Lead or assist state departments and coordinate business permitting processes in order

to:

     (i) Improve the economy, efficiency, coordination, and quality of the business climate in

the state;

     (ii) Design strategies and implement best practices that foster economic development and

growth of the state’s economy;

     (iii) Maximize and leverage funds from all available public and private sources, including

federal financial participation, grants, and awards;

     (iv) Increase public confidence by conducting customer centric operations whereby

commercial enterprises are supported and provided programs and services that will grow and

nurture the Rhode Island economy; and

     (v) Be the state’s lead agency for economic development.

     (2) [Deleted by P.L. 2022, ch. 388, § 1 and P.L. 2022, ch. 442, § 1.]

     (c) The office shall include the office of regulatory reform and other administration

functions that promote, enhance, or regulate various service and functions in order to promote the

reform and improvement of the regulatory function of the state.


 

 

428)

Section

Amended Chapter Numbers:

 

42-64.20-9

294 and 295

 

 

42-64.20-9. Reporting requirements.

     (a) By August 1st of each year, each applicant receiving credits under this chapter shall

report to the commerce corporation and the division of taxation the following information:

     (1) The number of total full-time employees employed at the development;

     (2) The total project cost;

     (3) The total cost of materials or products purchased from Rhode Island businesses; and

     (4) Such other reasonable information deemed necessary by the secretary of commerce.

     (b) By September 1, 2016, and each year thereafter, the commerce corporation shall report

the name, address, and amount of tax credit for each credit recipient during the previous state fiscal

year to the governor, the speaker of the house of representatives, the president of the senate, and

the chairpersons of the house and senate finance committees, the house and senate fiscal advisors,

and the department of revenue. Such report shall include any determination regarding the potential

impact on an approved qualified development project’s ability to stimulate business development;

retain and attract new business and industry to the state; create good-paying jobs for its residents;

assist with business, commercial, and industrial real estate development; and generate revenues for

necessary state and local governmental services.

     (c) By October 1, 2016, and each year thereafter, the commerce corporation shall report

the total number of approved projects, project costs, and associated amount of approved tax credits

approved during the prior fiscal year. This report shall be available to the public for inspection by

any person and shall be published by the commerce corporation on its website and by the secretary

of commerce on the executive office of commerce website.

     (d) By October 1st of each year the division of taxation shall report the name, address, and

amount of tax credit received for each credit recipient during the previous state fiscal year to the

governor, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, and the department of labor and trainingThis report shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division website.

     (e) By November 1st of each year the division of taxation shall report in the aggregate the

information required under subsection 42-64.20-9(a). This report shall be available to the public

for inspection by any person and shall be published by the tax administrator on the tax division

website.


 

 

429)

Section

Amended Chapter Numbers:

 

42-64.21-8

294 and 295

 

 

42-64.21-8. Reporting requirements.

     (a) By September 1, 2016, and each year thereafter, the commerce corporation shall report

the name, address, and incentive amount of each agreement entered into during the previous state

fiscal year to the division of taxation.

     (b) By December 1, 2016, and each year thereafter, the division of taxation commerce

corporation shall provide the governor with the sum, if any, to be appropriated to fund the program.

The governor shall submit to the general assembly printed copies of a budget including the total of

the sums, if any, as part of the governor’s budget required to be appropriated for the program

created under this chapter.

     (c) By January 1, 2017, and each year thereafter, the commerce corporation shall report to

the governor, the speaker of the house, the president of the senate, the chairpersons of the house

and senate finance committees, and the house and senate fiscal advisors the address and incentive

amount of each agreement entered into during the previous state fiscal year as well as any

determination regarding the measurable impact of each and every agreement on the retention and

expansion of existing jobs, stimulation of the creation of new jobs, attraction of new business and

industry to the state, and stimulation of growth in real estate developments and/or businesses that

are prepared to make meaningful investment and foster job creation in the state.


 

 

430)

Section

Amended Chapter Numbers:

 

42-64.30.10

294 and 295

 

 

42-64.30-10. Reports.

     (a) By September 1, 2016, and each year thereafter, the commerce corporation shall report

the name, address, and amount of tax credit approved for each credit recipient during the previous

state fiscal year to the governor, the speaker of the house of representatives, the president of the

senate, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, and the department of revenue. Such report shall include any determination regarding the

potential impact on an approved qualified relocation’s ability to stimulate business development;

retain and attract new business and industry to the state; create good-paying jobs for its residents;

assist with business, commercial, and industrial real estate development; and generate revenues for

necessary state and local governmental services.

     (b) By October 1, 2016, and each year thereafter, the commerce corporation shall report

for the year previous the total number of agreements and associated amount of approved tax credits.

This report shall be available to the public for inspection by any person and shall be published by

the commerce corporation on its website and by the secretary of commerce on the executive office

of commerce website.

     (c) By October 1st of each year the division of taxation shall report the name, address, and

amount of tax credit received for each credit recipient during the previous state fiscal year to the

governor, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, and the department of labor and training.


 

 

431)

Section

Amended Chapter Numbers:

 

42-64.34-1

323 and 324

 

 

42-64.34-1. Department established.

     Effective January 1, 2023, there is hereby established within the executive branch of the

state government a department of housing. The head of the department shall be the secretary of

housing, who shall be appointed by the governor with the advice and consent of the senateThe

position of secretary is hereby created in the unclassified service. The secretary shall hold office at

the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take

an oath to faithfully execute the duties of the office.


 

 

432)

Section

Amended Chapter Numbers:

 

42-64.34-2

79, 165, and 166

 

 

42-64.34-2. Powers and duties.

     The secretary of housing shall have all powers and duties pursuant to § 42 64.19 3(a)(4).

     (a) The department of housing shall be the state's lead agency for housing, homelessness,

and community development in the state of Rhode Island.

     (b) The secretary of housing shall have the following powers and duties:

     (1) All powers and duties pursuant to § 42-64.19-3(a)(4);

     (2) To supervise the work of the department of housing and to act as its chief administrative

officer;

     (3) To coordinate the administration and financing of various departments or offices within

the department of housing;

     (4) To serve as the governor's chief advisor and liaison to federal policymakers on housing,

homelessness, and community development as well as the principal point of contact on any such

related matters;

     (5) To coordinate the housing, homelessness, and community development programs of

the state of Rhode Island and its departments, agencies, commissions, corporations, and

subdivisions;

     (6) To employ such personnel and contracts for such consulting services as may be required

to perform the powers and duties conferred upon the secretary of housing;

     (7) To oversee and direct the administration of funds that may be appropriated from time

to time to the department of housing;.

     (c) In addition to such other powers as may otherwise be delegated elsewhere to the

department of housing, the department is hereby expressly authorized, by and through the secretary

of housing:

     (1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest in real or personal property,

wherever situated.;

     (2) To accept any gifts or grants or loans of funds or property or financial or other aid in

any form from the federal government or any agency or instrumentality of the federal government,

or from the state or any agency or instrumentality of the state, or from any other source and to

comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants,

or loans.;

     (3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts,

agreements, and cooperative agreements with agencies and political subdivisions of the state, not­

for-profit corporations, for-profit corporations, and other partnerships, associations, and persons

for any lawful purpose necessary and desirable to effectuate the purposes of the department of

housing; and

     (4) To carry out this chapter and perform the duties of the general laws and public laws

insofar as those provisions relate to any regulatory areas within the jurisdiction of the department

of housing.

PL165 and PL166

42-64.34-2. Powers and duties.

     The secretary of housing shall have all powers and duties as follows:

     (1) Pursuant pursuant to § 42-64.19-3(a)(4).; and

     (2) Creation of a written guide for consumers relating to the rights and duties of landlords

and tenants pursuant to chapter 18 of title 34, which the secretary shall update at minimum on an

biennial basis. The guide shall be posted on the website of the department of housing and shall be

published in both English and Spanish.


 

 

433)

Section

Amended Chapter Numbers:

 

42-72-5

201 and 202

 

 

42-72-5. Powers and scope of activities.

     (a) The department is the principal agency of the state to mobilize the human, physical, and

financial resources available to plan, develop, and evaluate a comprehensive and integrated

statewide program of services designed to ensure the opportunity for children to reach their full

potential. The services include prevention, early intervention, outreach, placement, care and

treatment, and after-care programs; provided, however, that the department notifies the state police

and cooperates with local police departments when it receives and/or investigates a complaint of

sexual assault on a minor and concludes that probable cause exists to support the allegations(s)

allegation(s). The department also serves as an advocate for the needs of children. Additionally,

on or before October 1, 2023, the department shall implement the hiring process developed by the

director pursuant to subsection (f) of this section.

     (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

     (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

     (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

     (3) To establish plans and facilities for emergency treatment, relocation, and physical

custody of abused or neglected children that may include, but are not limited to,

homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis

teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

     (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and procedure

manual to standardize protective services;

     (5) To plan and initiate primary- and secondary-treatment programs for abused and

neglected children;

     (6) To evaluate the services of the department and to conduct periodic, comprehensive-

needs assessment;

     (7) To license, approve, monitor, and evaluate all residential and non-residential group

homes, foster homes, and programs;

     (8) To recruit and coordinate community resources, public and private;

     (9) To promulgate rules and regulations concerning the confidentiality, disclosure, and

expungement of case records pertaining to matters under the jurisdiction of the department;

     (10) To establish a minimum mandatory level of twenty (20) hours of training per year and

provide ongoing staff development for all staff; provided, however, all social workers hired after

June 15, 1991, within the department shall have a minimum of a bachelor’s degree in social work

or a closely related field, and must be appointed from a valid, civil-service list;

     (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

     (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the administrative procedures act, chapter 35 of this title;

     (13) To provide and act as a clearinghouse for information, data, and other materials

relative to children;

     (14) To initiate and carry out studies and analysis that will aid in solving local, regional,

and statewide problems concerning children;

     (15) To represent and act on behalf of the state in connection with federal-grant programs

applicable to programs for children in the functional areas described in this chapter;

     (16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in taking

advantage of all federal grants and subventions available for children;

     (17) To review and coordinate those activities of agencies of the state, and of any political

subdivision of the state, that affect the full and fair utilization of community resources for programs

for children, and initiate programs that will help ensure utilization;

     (18) To administer the pilot, juvenile-restitution program, including the overseeing and

coordinating of all local, community-based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service;

     (19) To adopt rules and regulations that:

     (i) For the twelve-month (12) period beginning on October 1, 1983, and for each

subsequent twelve-month (12) period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

     (ii) Are reasonably necessary to implement the child-welfare services and foster-care

programs;

     (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

     (21) To establish fee schedules by regulations for the processing of requests from adoption

placement agencies for adoption studies, adoption study updates, and supervision related to

interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered,

but in no event shall the fee exceed two thousand dollars ($2,000);

     (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state-operated or -supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the

department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the council on elementary and secondary education either directly or through contract;

     (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all healthcare professionals;

     (24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community-based setting. The department is charged with the

responsibility for developing the public policy and programs related to the needs of seriously

emotionally disturbed children and children with functional developmental disabilities;

     In fulfilling its responsibilities the department shall:

     (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

     (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

     (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

     (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

     (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

     The department shall adopt rules and regulations that are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

     Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per-pupil cost for special education for the year in which placement commences, as its share of the

cost of educational services furnished to a seriously emotionally disturbed child pursuant to this

section in a residential treatment program that includes the delivery of educational services.

     “Seriously emotionally disturbed child” means any person under the age of eighteen (18)

years, or any person under the age of twenty-one (21) years, who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder

under the current edition of the Diagnostic and Statistical Manual and that disability has been

ongoing for one year or more or has the potential of being ongoing for one year or more; and the

child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at

risk of placement because of the disability.

     A child with a “functional developmental disability” means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter.

     The term “functional developmental disability” includes autism spectrum disorders and

means a severe, chronic disability of a person that:

     (A) Is attributable to a mental or physical impairment or combination of mental physical

impairments;

     (B) Is manifested before the person attains age eighteen (18);

     (C) Is likely to continue indefinitely;

     (D) Results in age-appropriate, substantial, functional limitations in three (3) or more of

the following areas of major life activity:

     (I) Self-care;

     (II) Receptive and expressive language;

     (III) Learning;

     (IV) Mobility;

     (V) Self direction;

     (VI) Capacity for independent living; and

     (VII) Economic self-sufficiency; and

     (E) Reflects the person’s need for a combination and sequence of special, interdisciplinary,

or generic care, treatment, or other services that are of life-long or extended duration and are

individually planned and coordinated.

     Funding for these clients shall include funds that are transferred to the department of human

services as part of the managed healthcare program transfer. However, the expenditures relating to

these clients shall not be part of the department of human services’ caseload estimated for the semi-

annual, caseload-estimating conference. The expenditures shall be accounted for separately;

     (25) To provide access to services to any person under the age of eighteen (18) years, or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter, and elects to continue to receive such services after attaining the age of eighteen

(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount

of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a

managed system to care for children serviced between 18 to 21 years of age. The department shall

manage this caseload to this level of funding;

     (26) To initiate transition planning in cooperation with the department of behavioral

healthcare, developmental disabilities and hospitals and local school departments for any child who

receives services through DCYF; is seriously emotionally disturbed or developmentally delayed

pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department

of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21)

years; the transition planning shall commence at least twelve (12) months prior to the person’s

twenty-first birthday and shall result in a collaborative plan submitted to the family court by both

the department of behavioral healthcare, developmental disabilities and hospitals and the

department of children, youth and families and shall require the approval of the court prior to the

dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-

first birthday;

     (27) To develop and maintain, in collaboration with other state and private agencies, a

comprehensive continuum of care in this state for children in the care and custody of the department

or at risk of being in state care. This continuum of care should be family centered and community

based with the focus of maintaining children safely within their families or, when a child cannot

live at home, within as close proximity to home as possible based on the needs of the child and

resource availability. The continuum should include community-based prevention, family support,

and crisis-intervention services, as well as a full array of foster care and residential services,

including residential services designed to meet the needs of children who are seriously emotionally

disturbed, children who have a functional developmental disability, and youth who have juvenile

justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of

care for children in the care and custody of DCYF, taking into account the availability of public

and private resources and financial appropriations and the director shall submit an annual report to

the general assembly as to the status of his or her efforts in accordance with the provisions of § 42-

72-4(b)(13);

     (28) To administer funds under the John H. Chafee Foster Care Independence and

Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42

U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter

72.8 of this title 42, in accordance with rules and regulations as promulgated by the director of the

department; and

     (29) To process nationwide criminal record checks on prospective foster parents and any

household member age 18 or older, prospective adoptive parents and any household member age

18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed

special advocates, persons seeking employment in a childcare facility or at the training school for

youth or on behalf of any person seeking employment at DCYF, who are required to submit to

nationwide criminal background checks as a matter of law.

     (c) In order to assist in the discharge of his or her duties, the director may request from any

agency of the state information pertinent to the affairs and problems of children.

     (d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     (f) On or before October 1, 2023, the director shall establish a process for hiring individuals

seeking employment at the department as a social caseworker or child protective investigator. The

department shall be provided with funding for one full-time employee, or the equivalent, to support

the implementation of the hiring process. The process shall be in effect through September 30,

2024.

     (1) Generally, the process shall include, but need not be limited to:

     (i) Screening and reviewing candidates for eligibility criteria including education and

experience;

     (ii) Administering the requisite civil service examinations;

     (iii) Conducting in-person interviews;

     (iv) Determining which applicants will be offered employment; and

     (v) Determining the order in which employment offers will be given.

     (2) Specifically, the process shall include, but need not be limited to, the following

elements:

     (i) Eligibility criteria.

     (A) Candidates must meet the minimum job requirements as defined in the specification

with social caseworker IIs and child protective investigators as approved by the department of

administration.

     (ii) Civil service examinations.

     (A) Examinations shall be offered by the department at least three (3) times per month to

individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday,

and a weeknight option.

     (B) The director shall determine the process and administration of the exam. The director

is not obligated to schedule an examination if there are no current applicants for the position

available by the deadline set by the director pursuant to this subsection.

     (C) If an applicant does not pass the examination, the department shall notify the applicant

as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so

until sixty (60) days have passed from the date said the notification was sent.

     (iii) In-person interviews.

     (A) Applicants who pass the civil service examination shall be invited to an in-person

interview.

     (B) The interview shall be conducted by at least two (2) current employees of the

department.

     (I) One of whom shall have a culturally or racially diverse background; and

     (II) One of whom is currently in a supervisory role over social caseworkers or child

protective investigators for at least three (3) years.

     (III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this

section does not necessarily require two (2) individuals. One individual may satisfy both

requirements.

     (C) There shall be a good faith effort to accommodate the availability of the applicant and

the individuals on the panel when scheduling the interview.

     (iv) Offering employment.

     (A) Prior to offering employment, an applicant shall pass both the civil service exam and

the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets

these criteria.

     (B) Determining whether an applicant successfully completes the in-person interview shall

be based on criteria established by the director.

     (I) The department of administration shall score the civil service exams and provide a

pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams

from DCYF.

     (II) The director may create a method of scoring interviews to provide objectivity and

uniformity when assessing applicants.

     (g) On or before March 15, 2024, the department shall provide an interim report to the

senate president and the speaker of the house regarding the hiring process developed and

implemented pursuant to subsection (f) of this section. The report shall include, but is not limited

to, the following data concerning social caseworkers and child protective investigators at the

department:

     (1) The number of social caseworkers hired using the process developed pursuant to

subsection (f) of this section;

     (2) The number of child protective investigators hired using the process developed pursuant

to subsection (f) of this section;

     (3) The number of terminations or resignations since October 1, 2023;

     (4) The number of vacancies that existed on October 1, 2023, and the number of vacancies

that exist as of the date of the report; and

     (5) Any identified barriers to hiring that exist in spite of, or because of, the process

developed pursuant to subsection (f) of this section.


 

 

434)

Section

Amended Chapter Numbers:

 

42-105-1

208 and 209

 

 

42-105-1. Newport and Bristol County Convention and Visitors’ Bureau — Creation.

     (a) There is authorized, created, and established a public corporation having a distinct legal

existence from the state and not constituting a department of state government, which is a

governmental agency and public instrumentality of the municipalities within Newport and Bristol

Counties, to be known as the “Newport and Bristol County convention and visitors’ bureau”

"Newport and Bristol County convention and visitors' bureau dba Discover Newport" with those

powers as are set convention and visitors’ bureau” with those powers as are set forth in this chapter.

     (b) The exercise by the corporation of the powers conferred by this chapter shall be deemed

and held to be the performance of an essential governmental function of the municipalities within

Newport and Bristol County for public purposes. It is the intent of the general assembly by the

passage of this chapter, to vest in the corporation all powers, authority, rights, privileges, and titles

which that may be necessary to enable it to accomplish the purposes herein set forth, and this

chapter and the powers granted hereby shall be liberally construed in conformity with those

purposes.

     (c)(1) The corporation and its corporate existence shall continue until terminated by law or

until the corporation shall cease entirely and continuously to conduct or be involved in any business

whatsoever in the furtherance of its purposes.

     (2) Upon termination of the existence of the corporation, all its rights and properties shall

pass to and be vested in the state. At no time shall the assets or other property of the corporation

inure to the benefit of any person or other corporation or entity.


 

435)

Section

Amended Chapter Numbers:

 

42-105-2

208 and 209

 

 

42-105-2. Composition.

     (a)(1) The Newport and Bristol County convention and visitors’ bureau Newport and

Bristol County convention and visitors' bureau dba Discover Newport shall be comprised of

eighteen (18) members who are residents of the state of Rhode Island, preferably from Newport

and Bristol Counties.

     (2) All members of the bureau as of September 1, 2005, shall cease to be members of the

authority on September 1, 2005, and the bureau shall thereupon the board of directors be

reconstituted as follows:

     (i) Three (3) board members shall be appointed by the Newport City Council; two (2) of

whom shall be associated with the hospitality industry within Newport and/or Bristol Counties;

     (ii) Three (3) board members shall be appointed by the Middletown Town Council; two (2)

of whom shall be associated with the hospitality industry within Newport and/or Bristol Counties;

     (iii) One board member shall be appointed by the Jamestown Town Council who shall be

associated with the hospitality industry within Newport and/or Bristol Counties;

     (iv) One board member shall be appointed by the Portsmouth Town Council who shall be

associated with the hospitality industry within Newport and/or Bristol Counties;

     (v) One board member shall be appointed by the Tiverton Town Council who shall be

associated with the hospitality industry within Newport and/or Bristol Counties;

     (vi) One board member shall be appointed by the Little Compton Town Council who shall

be associated with the hospitality industry within Newport and/or Bristol Counties;

     (vii) One board member shall be appointed by the Bristol Town Council who shall be

associated with the hospitality industry within Newport and/or Bristol Counties;

     (viii) One board member shall be appointed by the Warren Town Council who shall be

associated with the hospitality industry within Newport and/or Bristol Counties;

     (ix) One board member shall be appointed by the Barrington Town Council who shall be

associated with the hospitality industry within Newport and/or Bristol Counties; and

     (x) Those board members appointed pursuant to paragraph (i) — (ix) shall thereupon

appoint five (5) board members, who shall be from Newport and/or Bristol Counties:

     (A) One representative of hotels of more than one hundred (100) rooms;

     (B) One representative of hotels, inns, or bed-and-breakfasts of less than one hundred (100)

rooms;

     (C) One representative of the restaurant industry;

     (D) One representative of the attractions industry; and

     (E) One member of the general public to serve as an at-large representative who shall be

associated with the hospitality industry.

     (3) Each board member shall be appointed to serve a term of three (3) years. Members of

the board shall be eligible for appointment for two (2) consecutive terms or until their successor is

appointed and qualified.

     (4) Those persons board members initially appointed under paragraphs (2)(i) and (2)(ii) of

this section, shall serve initial terms of one year be Group A and terms shall expire in 2025, 2028,

and every successive three-(3)year (3) period thereafter.

     (4)(5) Those persons board members initially appointed under paragraphs (2)(iii), (2)(iv),

(2)(v), (2)(vi), (2)(vii), and (2)(viii) under this section shall serve initial terms of two (2) years be

Group B and terms shall expire in 2023, 2026, and every successive three-(3)year (3) period

thereafter.

     (5)(6) Those persons board members initially appointed under paragraphs (2)(ix) and (2)(x)

of this section shall serve an initial term of three (3) years be Group C and terms shall expire in

2024, 2027, and every successive three-(3)year (3) period thereafter.

     (6) Thereafter, all members shall be appointed to serve terms of three (3) years. Members

of the bureau shall be eligible for appointment for two (2) consecutive terms.

     (7) The chairperson shall be elected by the members of the board of directors.

     (i) The chairperson may be permitted to serve up to two (2) additional one-year terms on

the board; provided they are serving in the position of chair.

     (7)(8)(i) No state legislator shall serve or be otherwise eligible for membership on the

bureau to serve on the board of directors of Discover Newport.

     (b)(ii) The members of the board of directors of the Newport and Bristol County

convention and visitors’ bureau Discover Newport shall serve without compensation.

     (c)(iii) The Newport and Bristol County convention and visitors’ bureau Discover Newport

shall meet every other month six (6) times a year at a time to be designated by the chairperson

and/or president/CEO of Discover Newport.

     (iv) Special meetings of the authority Discover Newport may be called by the chairperson

and/or president/CEO of Discover Newport in accordance with the open meetings law. The

chairperson shall be elected by the membership of the authority.


 

 

 

436)

Section

Amended Chapter Numbers:

 

42-105-3

208 and 209

 

 

42-105-3. Purposes.

     The Newport and Bristol County convention and visitors’ bureau Newport and Bristol

County convention and visitors' bureau dba Discover Newport is authorized, created, and

established for the following purposes:

     (1) To establish an operating program to promote and encourage tourism;

     (2) To coordinate tourism activities within Newport and Bristol Counties and the state;

     (3) To establish a fund to promote and encourage tourism; and

     (4) To aid the municipalities in Newport and Bristol County in resolving problems which

that may arise due to growth in the tourism industry and to improve the quality of life in Newport

and Bristol County.


 

 

 

437)

Section

Amended Chapter Numbers:

 

42-105-6

208 and 209

 

 

42-105-6. Transfer of assets, rights, and responsibilities.

     All assets presently held by the Newport and Bristol tourism and convention authority are

transferred to the corporation created by this chapter. Assets include all property, tangible and

intangible, whether located within or without the state. Whenever in the general laws or any public

law reference is made to the Newport and Bristol tourism and convention authority, the Newport

and Bristol County convention and visitors’ bureau Newport and Bristol County convention and

visitors' bureau dba Discover Newport shall be substituted, and the bureau shall assume all

responsibilities and rights as may be set forth in the general or public law.


 

 

 

438)

Section

Amended Chapter Numbers:

 

42-105-8

208 and 209

 

 

 42-105-8. Audits and annual report.

     The books of the Newport and Bristol County convention and visitors’ bureau Newport

and Bristol County convention and visitors' bureau dba Discover Newport as they pertain to the

revenues derived from the room tax shall be audited by an independent certified public accountant

annually who shall make a report to the bureau, Discover Newport board of directors within six (6)

months after the close of the fiscal year. Included with the audit shall be the management's

discussion and analysis (MD&A), which will serve as the annual report. The MD&A shall include

an organization chart, a summary of performance of sales and marketing activities during the fiscal

year under audit, highlights of next year's fiscal budget, and a schedule of the following calendar

year's meetings. Discover Newport shall file copies of the annual audit with the speaker of the

house of representatives, the president of the senate, the governor, and to each city or town council

in Newport and Bristol County.


 

 

439)

Section

Amended Chapter Numbers:

 

42-105-10

208 and 209

 

 

42-105-10. Training.

     The bureau shall conduct a training course for newly appointed and qualified members of

the board and new designees of ex-officio members within six (6) months of their qualification or

designation. The course shall be developed by the chair of the bureau, approved by the bureau, and

conducted by the chair of the bureau. The bureau may approve the use of any bureau or staff

members or other individuals to assist with training. The training course shall include instruction

in the subject area of this chapter and chapters chapter 46 of this title, 14 of title 36 and chapter 2

of title 38; and the bureau’s rules and regulations. The director of the department of administration

shall, The president and CEO of Newport and Bristol County convention and visitors' bureau dba

Discover Newport shall, within ninety (90) days of the effective date of this act a member of the

board of directors being appointed, disseminate training materials relating to the provisions of

chapters chapter 46 of this title, 14 of title 36 and chapter 2 of title 38.


 

 

 

440)

Section

Repealed Chapter Numbers:

 

42-105-11

208 and 209

 

 

42-105-11. [Repealed]


 

 

 

441)

Section

Amended Chapter Numbers:

 

42-128.1-8

103 and 104

 

 

42-128.1-8. Duties of property owners of pre-1978 rental dwellings.

     (a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or

have not been lead hazard abated shall comply with all the following requirements:

     (1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself

or through a designated person;

     (2) Evaluate the dwelling unit and premises for lead hazards consistent with the

requirements for a lead hazard control evaluation;

     (3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation

standard;

     (4) Provide tenants: (i) basic Basic information about lead hazard control; (ii) a A copy of

the independent clearance inspection; and (iii) information Information about how to give notice

of deteriorating conditions;

     (5) Correct lead hazards within thirty (30) days after notification from the tenant of a

dwelling unit with an at-risk occupant, or as provided for by § 34-18-22.

     (b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk

occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those

requirements were not met by the previous owner at the time of transfer, provided that the new

property owner has the property visually inspected within thirty (30) business days after assuming

ownership to determine conformity with the lead hazard control standard.

     (c) The requirements for lead hazard mitigation shall apply to the first change in ownership

or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at-

risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a

property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in

tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise.

     (d) If the tenant receives no response to the notification to the property owner of

deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion

unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may

request a review of the matter by the housing resources commission. After its review of the matter,

the housing resources commission shall either send notice to the property owner in which notice

shall be issued in a manner substantially similar to a notice of violation issued by the director

pursuant to the Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant

of the reasons why the notice is not being issued.

     (e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common

areas in condominium complexes that are owned and operated by condominium associations, or to

pre-1978 rental dwelling units that are:

     (1) Lead-safe or lead free; or

     (2) Temporary housing; or

     (3) Elderly housing; or.

     (4) Comprised of two (2) or three (3) units, one of which is occupied by the property owner;

or

     (f) The department of health shall report to the legislature annually on the number of

children who are lead poisoned in any of the exempted dwelling units as referred to in subdivision

subsection (e)(4) of this section.

     (g) Nothing contained herein shall be construed to prevent an owner who is seeking to

obtain lead liability insurance coverage in the policy from complying with the provisions of this

chapter, by securing and maintaining a valid and in force letter of compliance or conformance in

force.


 

 

 

442)

Section

Amended Chapter Numbers:

 

42-128.1-11

83 and 84

 

 

42-128.1-11. Enforcement.

     (a) The standards for lead hazard control and for lead hazard mitigation in pre-1978

housing shall be considered basic housing standards and shall be enforceable through the provisions

of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of

title 45.

     (b) Minimum Housing Standards and Housing Maintenance and Occupancy Code. In order

to establish consistency between state and local programs pertaining to enforcement of standards

for housing and housing occupancy and to provide for broadly available, multiple means of

identifying instances of noncompliance with this chapter and enforcing the requirements of this

chapter, the following provisions regarding Minimum Housing Standards and The Housing

Maintenance and Occupancy Code shall be effective:

     (1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted

pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard

control.

     (2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title 23

45, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing

responsibility for lead hazard mitigation as required by the department of health standards.

     (c) In any private action where a property owner is found to have violated § 42-128.1-1 et

seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which

may include double or treble the actual damages found, as well as reasonable attorneys' fees.

Nothing herein should be construed as excluding other remedies in law or equity.


 

 

 

443)

Section

Added Chapter Numbers:

 

42-128.1-14

85 and 86

 

 

42-128.1-14. Escrow account.

     (a) Notwithstanding any general law, public law, special law, or any agreement, whether

written or oral, a tenant may file a petition to deposit their the tenant’s rent in an escrow account

in the district court with jurisdiction of the leased property, whenever the leased property is not

compliant with the risk reduction provisions of chapter 128.1 of title 42 this chapter, including,

but not limited to,: the requirement for a valid certificate of conformance,;, any rules or regulations

derived therefrom,;, or upon any licensed inspector's finding of the existence of lead hazards in the

property. Upon the petition to the district court, and after notice to the owner of the premises and a

hearing thereon, the district court shall order the deposit of the tenant's rent within the registry of

the court, consistent with district court rules of procedure, upon a determination that the leased

property is not compliant with the risk reduction provisions of chapter 128.1 of title 42 this chapter,

or upon any licensed inspector's finding of the existence of lead hazards in the property.

     (b) Other rights or remedies. The right of a tenant to deposit rent in the registry of the court

does not preclude the tenant from pursuing any other right or remedy available to the tenant at law

or equity.

     (c) Release of funds within the registry of the court. Money deposited within the registry

of the court shall be released to the property owner, or designee, upon the court's determination of

compliance by the property owner with the applicable risk reduction standard and state lead

poisoning prevention laws.

     (d) Notwithstanding subsection (c) of this section, the court shall release money from the

registry of the court to the tenant, or designee, if the tenant has incurred costs to comply with the

applicable risk reduction standard and state lead poisoning prevention laws on presentation of a bill

of the reasonable costs of complying with the applicable risk reduction standard or other state lead

poisoning prevention laws. Any money to be released under this subsection shall be subtracted

from the money to be released under subsection (c) of this section.

     (e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be

terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects

to seek the remedies under this section.


 

 

444)

Section

Amended Chapter Numbers:

 

42-142-1

199 and 200

 

 

42-142-1. Department of revenue.

     (a) There is hereby established within the executive branch of state government a

department of revenue.

     (b) The head of the department shall be the director of revenue, who shall be appointed by

the governor, with the advice and consent of the senate, and shall serve at the pleasure of the

governor.

     (c) The department shall contain the division of taxation (chapter 1 of title 44), the division

of motor vehicles (chapter 2 of title 31), the division of state lottery (chapter 61 of title 42), the

office of revenue analysis (chapter 142 of title 42), the division of municipal finance (chapter 142

of title 42), and a collection central collections unit (chapter 142 of title 42). Any reference to the

division of property valuation, division of property valuation and municipal finance, or office of

municipal affairs in the Rhode Island general laws shall mean the division of municipal finance.


 

 

445)

Section

Amended Chapter Numbers:

 

42-142-2

199 and 200

 

 

42-142-2. Powers and duties of the department.

     The department of revenue shall have the following powers and duties:

     (a1) To operate a division of taxation;

     (b2) To operate a division of motor vehicles;

     (c3) To operate a division of state lottery;

     (d4) To operate an office of revenue analysis;

     (e5) To operate a division of property valuation; and

     (f6) To operate a collection central collections unit.


 

 

446)

Section

Repealed Chapter Numbers:

 

42-142-6

294 and 295

 

 

42-142-6. [Repealed]


 

 

 

447)

Section

Amended Chapter Numbers:

 

42-142-8

199 and 200

 

 

42-142-8. Central collections unit.

     (a) The director of the department of revenue is authorized to establish within the

department of revenue a collection central collections unit (the "CCU") for the purpose of assisting

state agencies, departments, boards, commissions, corporations, authorities, quasi-state agencies,

councils, the judicial branch, and other political subdivisions (referred to herein individually as a

"state agency" and collectively as "state agencies") in the collection of debts owed to the state. The

director of the department of revenue may enter into an agreement or memorandum of

understanding with any state agency(ies) agency to collect any delinquent debt owed to the state.

     (b) The director of the department of revenue shall initially implement a pilot program to

assist the agency(ies) with the collection of delinquent debts owed to the state.

     (c) The agency(ies) participating in the pilot program State agencies who that enter into

an agreement or memorandum of understanding with the CCU shall refer to the collection unit

within the department of revenue, debts owed by delinquent debtors where the nature and amount

of the debt owed has been determined and reconciled by the state agency and the debt is: (i) The

subject of a written settlement agreement and/or written waiver agreement and the delinquent

debtor has failed to timely make payments under the agreement and/or waiver and is therefore in

violation of the terms of the agreement and/or waiver; (ii) The subject of a final administrative

order, or decision, invoice, or statement and the debtor has exhausted or waived any available

administrative hearing process and has not timely appealed the order, or decision, invoice, or

statement; (iii) The subject of a final order, judgment, or decision of a court of competent

jurisdiction and the debtor has not timely appealed the order, judgment, or decision. The collection

unit CCU shall not accept a referral of any delinquent debt unless it satisfies subsection (c)(i), (ii),

or (iii) of this section.

     (d) Any agency(ies) state agency entering into an agreement with the department of

revenue to allow the collection unit of the department CCU to collect a delinquent debt owed to the

state shall indemnify the department of revenue against injuries, actions, liabilities, or proceedings

arising from the collection, or attempted collection, by the collection unit CCU of the debt owed to

the state.

     (e) Before referring a delinquent debt to the collection unit CCU, the agency(ies) state

agency must notify the debtor of its intention to submit refer the debt to the collection unit CCU

for collection and of the debtor’s right to appeal that decision not less than thirty (30) twenty (20)

days before the debt is submitted formally referred to the collection unit CCU.

     (f) At such time as the agency(ies) state agency refers a delinquent debt to the collection

unit CCU, the state agency shall: (i) Represent in writing to the collection unit CCU, upon the

referral form prescribed by the CCU, that it has complied with all applicable state and federal laws

and regulations relating to the collection of the debt, including, but not limited to, the requirement

to provide the debtor with the notice of referral to the collection unit CCU under subsection (e) of

this section; and (ii) Provide the collection unit CCU personnel with all relevant supporting

documentation including, but not limited to, notices, invoices, ledgers, correspondence, emails,

agreements, waivers, decisions, orders, and judgments necessary for the collection unit CCU to

attempt to collect the delinquent debt.

     (g) The referring agency(ies) state agency shall assist the collection unit CCU by providing

any and all information, expertise, and resources deemed necessary by the collection unit CCU to

collect the delinquent debts referred to the collection unit CCU.

     (h) Upon receipt of a referral of a delinquent debt from an agency(ies) a state agency, the

amount of the delinquent debt shall accrue interest at the annual rate of interest established by law

for the referring state agency or at an annual rate of 13%, whichever percentage rate is greater.

     (i) Upon receipt of a referral of a delinquent debt from the agency(ies) a state agency, the

collection unit CCU shall provide the delinquent debtor with a “Notice of Referral” advising the

debtor that:

     (1) The delinquent debt has been referred to the collection unit CCU for collection; and

     (2) The collection unit CCU has the authority to initiate, in its names name, any action that

is available under state law for the collection of the delinquent debt, including, but not limited to,

referring the debt to a third party to initiate said action.

     (j) Upon receipt of a referral of a delinquent debt from an agency(ies) a state agency, the

director of the department of revenue, or designee, within the CCU shall have the authority to

institute, in its name, any action(s) that are available under state law for collection of the delinquent

debt and interest, penalties, and/or fees thereon and to, with or without suit, settle the delinquent

debt.

     (k) In exercising its authority under this section, the collection unit CCU shall comply with

all state and federal laws and regulations related to the collection of debts to the extent that they are

applicable and the CCU is not otherwise exempt from their application.

     (l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment,

the collection unit CCU shall disburse/deposit the proceeds of the payment in the following order:

     (1) To the appropriate federal account to reimburse the federal government funds owed to

them by the state from funds recovered; and

     (2) The balance of the amount collected to the referring state agency.

     (m) Notwithstanding the above, the establishment of a collection unit within the department

of revenue the CCU shall be contingent upon an annual appropriation by the general assembly of

amounts necessary and sufficient to cover the costs and expenses to establish, maintain, and operate

the collection unit CCU including, but not limited to, computer hardware and software,

maintenance of the computer system to manage the system, and personnel to perform work within

the collection unit CCU.

     (n) In addition to the implementation of any pilot program, the collection unit The CCU

shall comply with the provisions of this section in the collection of all delinquent debts under this

section.

     (o) The department of revenue is authorized to promulgate rules and regulations as it deems

appropriate with respect to the collection unit CCU.

     (p) By September 1, 2020, and each year thereafter, the department of revenue shall

specifically assess the performance, effectiveness, and revenue impact of the collections associated

with this section, including, but not limited to, the total amounts referred and collected by each

referring state agency during the previous state fiscal year to the governor, the speaker of the house

of representatives, the president of the senate, the chairpersons of the house and senate finance

committees, and the house and senate fiscal advisors. The report shall include the net revenue

impact to the state of the collection unit CCU.

     (q) No operations of a collection unit CCU pursuant to this chapter shall be authorized after

June 30, 2033.


 

 

 

448)

Section

Amended Chapter Numbers:

 

42-156-4

244 and 245

 

 

42-156-4. Duties and responsibilities.

     (a) The Task Force shall coordinate joint efforts to combat the underground economy and

employee misclassification. The Task Force shall:

     (a)(1) Foster voluntary compliance with the law by educating business owners and

employees about applicable requirements;

     (b)(2) Protect the health, safety and benefit rights of workers; and

     (c)(3) Restore competitive equality for law-abiding businesses.; and

     (4) Identify industries and geographic areas where evidence shows workers are most likely

to be mistakenly or deliberately misclassified or are victims of wage theft and engage in proactive

and particular efforts, including but not limited to pro-active proactive enforcement strategies, to

reach those sectors where workers are least likely to report such violations.

     (b) In addition to the duties and responsibilities set forth in subsection (a) of this section,

the task force, working with the department of labor and training, shall institute an information

campaign to educate the public, including but not limited to business owners, employers, and

employees, regarding the changes in state law regarding payment of wages and in particular the

new and enhanced civil and criminal penalties established in §§ 28-14-17, 28-14-19, and 28-14-

19.1, which changes are set to be in effect January 1, 2024.


 

 

 

449)

Section

Amended Chapter Numbers:

 

44-3-2.2

203 and 204

 

 

44-3-2.2. Tax on certain vehicles and trailers prohibited.

     Notwithstanding any other provisions of the general laws to the contrary, no city or town

shall assess any tax under chapter 5 of this title 44 on any vehicle or trailer, which that is registered

under chapter 3 of title 31 and taxed under chapter 34 of title 44. Any vehicle or trailer, which that

is not registered under chapter 3 of title 31, shall be assessed by a city or town in the same manner

as other tangible personal property.


 

 

 

450)

Section

Amended Chapter Numbers:

 

44-3-3

117 and 118

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated

organizations approved by the adjutant general and composed of members of the national guard,

the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating clergy;

provided, further, that in the town of Charlestown, where the property previously described in this

paragraph is exempt in total, along with dwelling houses and the land on which they stand in

Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling

house is located, whichever is the greater, owned by, or held in trust for, any religious organization

and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its

religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy, or

seminary of learning, and of any incorporated public charitable institution, and the land upon which

the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far

as they are used exclusively for educational purposes, but no property or estate whatever is hereafter

exempt from taxation in any case where any part of its income or profits, or of the business carried

on there, is divided among its owners or stockholders; provided, however, that unless any private

nonprofit corporation organized as a college or university located in the town of Smithfield reaches

a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the

actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said

corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer’s

estate, person, and family included, but only to the extent that any person had claimed and utilized

the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in whole

or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent body

of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

($400,000) if actually used and occupied by the association; provided, that the city council of the

city of Cranston may by ordinance exempt the real or personal estate as previously described in

this subdivision located within the city of Cranston to the extent of five hundred thousand dollars

($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their

wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity

or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax

shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.

At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold

or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the

lien immediately becomes due and payable; any person claiming the exemption aggrieved by an

adverse decision of an assessor shall appeal the decision to the local board of tax review and

thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items that

are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that

the improvements meet applicable standards for shelter construction established, from time to time,

by the Rhode Island emergency management agency. The improvements are deemed to comply

with the provisions of any building code or ordinance with respect to the materials or the methods

of construction used and any shelter or its establishment is deemed to comply with the provisions

of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer’s inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be

a manufacturer within a city or town within this state if that person uses any premises, room, or

place in it primarily for the purpose of transforming raw materials into a finished product for trade

through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or after

July 1, 1997; building and construction contractors; warehousing operations, including distribution

bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing

or distribution of raw materials, such as alteration of stock for the convenience of a customer; are

excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term “manufacturer’s

inventory,” or any similar term, means and includes the manufacturer’s raw materials, the

manufacturer’s work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;

provided, that the term does not include any finished products held by the manufacturer in any retail

store or other similar selling place operated by the manufacturer whether or not the retail

establishment is located in the same building in which the manufacturer operates the manufacturing

plant;

     (iii) For the purpose of § 44-11-2, a “manufacturer” is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities in

which that person engaged in this state during the taxable year. For the purpose of computing the

percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer’s store or

other selling place may be at a different location from the location of the manufacturer’s

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

“manufacturer” also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for home

delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are

operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term “Person” means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,

reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or

standards for the control of water or air pollution or contamination, and certified as approved in an

order entered by the director of environmental management. The property is exempt as long as it is

operated properly in compliance with the order of approval of the director of environmental

management; provided, that any grant of the exemption by the director of environmental

management in excess of ten (10) years is approved by the city or town in which the property is

situated. This provision applies only to water and air pollution control properties and facilities

installed for the treatment of waste waters and air contaminants resulting from industrial

processing; furthermore, it applies only to water or air pollution control properties and facilities

placed in operation for the first time after April 13, 1970;

     (22) Manufacturing machinery and equipment acquired or used by a manufacturer after

December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used by a manufacturer for research and development

or for quality assurance of its manufactured products, to the extent to which the machinery and

equipment is used for the manufacturing processes, research and development, or quality assurance.

In the instances where machinery and equipment is used in both manufacturing and/or research and

development and/or quality assurance activities and non-manufacturing activities, the assessment

on machinery and equipment is prorated by applying the percentage of usage of the equipment for

the manufacturing, research and development, and quality-assurance activity to the value of the

machinery and equipment for purposes of taxation, and the portion of the value used for

manufacturing, research and development, and quality assurance is exempt from taxation. The

burden of demonstrating this percentage usage of machinery and equipment for manufacturing and

for research and development and/or quality assurance of its manufactured products rests with the

manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which the

machinery and equipment is located adopts an ordinance exempting the machinery and equipment

from taxation. For purposes of this subsection, city councils and town councils of any municipality

may, by ordinance, wholly or partially exempt from taxation the machinery and equipment

discussed in this subsection for the period of time established in the ordinance and may, by

ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any

exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates

from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of “charitable trust” set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively

for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of “hazardous wastes,” as defined in § 23-19.1-4, where the “hazardous wastes”

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating to

secret processes or methods of manufacture, production, or treatment is disclosed to the department

of environmental management only to procure an order, and is a “trade secret” as defined in § 28-

21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is

otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has

been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-business

corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability

company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA

Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the properties

designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,

Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located on

Pomham Island, East Providence, currently identified as Assessor’s Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and

is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited

exclusively to these said buildings, personal estate and land, provided that said property is owned

by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used

exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy — Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation

under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the Columbus

Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the Columbus

Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within the

city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and thereby

adheres to that organization’s standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen (17)

years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and

associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,

as defined in subsection (a) of this section, shall be exempt from taxation in accordance with

subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown’s community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor’s map 027, plat 019, lot 071, and known as the New England

Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the

United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor’s plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides Family

Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy’s Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba “Pet Refuge,” 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit

corporation;

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat

406, block 6, lot 6, and plat 506, block 1, lot 8;

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol’s community limits, subject to authorization by formal

action of the town council of the town of Bristol;

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence;

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

108, lot 83;

     (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La

Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

and improvements that have been or may be made;

     (70) Real and tangible personal property of The Providence Community Health Centers,

Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island;

     (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

personal property located on or in the premise acquired or leased by a railroad entity and for the

purpose of providing boarding and disembarking of railroad passengers and the supporting

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

any incorporated entity that has been duly authorized by the Rhode Island public utilities

commission to provide passenger railroad services;

     (72) Real and tangible personal property of the American Legion Riverside Post Holding

Company, d/b/a American Legion Post 10, a Rhode Island nonprofit corporation, located at 830

Willet Avenue, within the city of East Providence on Map 513, Block 27, Parcel 001.00 as long as

said property is owned by American Legion Post 10;

     (73) Real and tangible personal property of the Holy Rosary Band Society, a Rhode Island

nonprofit corporation, located at 328 Taunton Avenue, within the city of East Providence on Map

306, Block 01, Parcel 012.00;

     (74) Real and tangible personal property of Foster Forward, a Rhode Island domestic

nonprofit corporation, located within the city of Pawtucket, at 16 North Bend Street, and further

identified as assessor’s plat 21, lot 312;

     (75) Real and tangible personal property of the Old and Ancient Rowers Society of Rhode

Island, a Rhode Island domestic nonprofit corporation, located at 166 Walmsley Lane, within the

town of North Kingstown on Plat 004/Lot 019;

     (76) Real and tangible personal property of the Rhode Island Public Health Foundation, a

domestic nonprofit corporation or any other entity formed by the Rhode Island Public Health

Foundation in connection with, or to facilitate the acquisition of, one property to be owned by the

Rhode Island Public Health Foundation or such entity, located in the city of Providence;

     (77) Real and tangible personal property of the Manissean Tribal Council, a Rhode Island

nonprofit corporation, located in the town of New Shoreham, Rhode Island;

     (78) Real and tangible personal property of Sophia Academy located at 582 Elmwood

Avenue, the San Miguel Education Center located at 525 Branch Avenue, and the Community

Preparatory School, Inc. located at 135 Prairie Avenue, all of which are domestic nonprofit

corporations, and all of which are located within the city of Providence; and

     (79) Real and tangible personal property of Cape Verdean Museum Exhibit, a Rhode Island

domestic nonprofit corporation, located at 617 Prospect Street, within the city of Pawtucket on

Assessors’ Plat 37, Lot 434.

     (80) Real and tangible personal property of Sojourner House, a Rhode Island nonprofit

corporation, located in the city of Providence, at 386 Smith Street, further identified as Assessor’s

Plat 67, Lot 46, and 1570 Westminster Street, further identified as Assessor’s Plat 35, Lot 200.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a nonprofit

hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit

hospital facility is initially established, the value of the real property and personal property of the

for-profit hospital facility shall be determined by a valuation performed by the assessor for the

purpose of determining an initial assessed value of real and personal property, not previously taxed

by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right

of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with

a direct appeal from an adverse decision to the Rhode Island superior court business calendar.

     A “for-profit hospital facility” includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit

hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to

stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise

becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in

that year only the amount levied by the city or town and/or the amount payable under the

stabilization agreement for that year related to the for-profit hospital facility shall not be counted

towards determining the maximum tax levy permitted under § 44-5-2.

     (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief

for businesses, including small businesses, and to promote economic development, a city, town, or

fire district may establish an exemption for tangible personal property within its geographic limits

by formal action of the appropriate governing body within the city, town, or fire district, which

exemptions shall be uniformly applied and in compliance with local tax classification requirements.

Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-

12.2.


 

 

451)

Section

Amended Chapter Numbers:

 

44-3-3

325 and 326

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated

organizations approved by the adjutant general and composed of members of the national guard,

the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating clergy;

provided, further, that in the town of Charlestown, where the property previously described in this

paragraph is exempt in total, along with dwelling houses and the land on which they stand in

Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling

house is located, whichever is the greater, owned by, or held in trust for, any religious organization

and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its

religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy, or

seminary of learning, and of any incorporated public charitable institution, and the land upon which

the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far

as they are used exclusively for educational purposes, but no property or estate whatever is hereafter

exempt from taxation in any case where any part of its income or profits, or of the business carried

on there, is divided among its owners or stockholders; provided, however, that unless any private

nonprofit corporation organized as a college or university located in the town of Smithfield reaches

a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the

actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said

corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer’s

estate, person, and family included, but only to the extent that any person had claimed and utilized

the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in whole

or in part; provided that, notwithstanding any provision of a charter or act of incorporation or other

law to the contrary, any real and personal property (or portion thereof) of a health care healthcare

facility, and/or any parent corporation, operator, manager, or subsidiary thereof, or of an institution

of higher education, that would otherwise be exempted from property taxation that is leased to,

subleased to, occupied or used by an entity, organization, or individual that is not itself exempted

from property taxation shall be taxed to the tenant, who, for the purposes of taxation is deemed the

owner;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent body

of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

($400,000) if actually used and occupied by the association; provided, that the city council of the

city of Cranston may by ordinance exempt the real or personal estate as previously described in

this subdivision located within the city of Cranston to the extent of five hundred thousand dollars

($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their

wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity

or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax

shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.

At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold

or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the

lien immediately becomes due and payable; any person claiming the exemption aggrieved by an

adverse decision of an assessor shall appeal the decision to the local board of tax review and

thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items that

are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that

the improvements meet applicable standards for shelter construction established, from time to time,

by the Rhode Island emergency management agency. The improvements are deemed to comply

with the provisions of any building code or ordinance with respect to the materials or the methods

of construction used and any shelter or its establishment is deemed to comply with the provisions

of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer’s inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be

a manufacturer within a city or town within this state if that person uses any premises, room, or

place in it primarily for the purpose of transforming raw materials into a finished product for trade

through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or after

July 1, 1997; building and construction contractors; warehousing operations, including distribution

bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing

or distribution of raw materials, such as alteration of stock for the convenience of a customer; are

excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term “manufacturer’s

inventory,” or any similar term, means and includes the manufacturer’s raw materials, the

manufacturer’s work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;

provided, that the term does not include any finished products held by the manufacturer in any retail

store or other similar selling place operated by the manufacturer whether or not the retail

establishment is located in the same building in which the manufacturer operates the manufacturing

plant;

     (iii) For the purpose of § 44-11-2, a “manufacturer” is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities in

which that person engaged in this state during the taxable year. For the purpose of computing the

percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer’s store or

other selling place may be at a different location from the location of the manufacturer’s

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

“manufacturer” also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for home

delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are

operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term “Person” means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,

reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or

standards for the control of water or air pollution or contamination, and certified as approved in an

order entered by the director of environmental management. The property is exempt as long as it is

operated properly in compliance with the order of approval of the director of environmental

management; provided, that any grant of the exemption by the director of environmental

management in excess of ten (10) years is approved by the city or town in which the property is

situated. This provision applies only to water and air pollution control properties and facilities

installed for the treatment of waste waters and air contaminants resulting from industrial

processing; furthermore, it applies only to water or air pollution control properties and facilities

placed in operation for the first time after April 13, 1970;

     (22) Manufacturing machinery and equipment acquired or used by a manufacturer after

December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used by a manufacturer for research and development

or for quality assurance of its manufactured products, to the extent to which the machinery and

equipment is used for the manufacturing processes, research and development, or quality assurance.

In the instances where machinery and equipment is used in both manufacturing and/or research and

development and/or quality assurance activities and non-manufacturing activities, the assessment

on machinery and equipment is prorated by applying the percentage of usage of the equipment for

the manufacturing, research and development, and quality-assurance activity to the value of the

machinery and equipment for purposes of taxation, and the portion of the value used for

manufacturing, research and development, and quality assurance is exempt from taxation. The

burden of demonstrating this percentage usage of machinery and equipment for manufacturing and

for research and development and/or quality assurance of its manufactured products rests with the

manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which the

machinery and equipment is located adopts an ordinance exempting the machinery and equipment

from taxation. For purposes of this subsection, city councils and town councils of any municipality

may, by ordinance, wholly or partially exempt from taxation the machinery and equipment

discussed in this subsection for the period of time established in the ordinance and may, by

ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any

exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates

from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of “charitable trust” set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively

for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of “hazardous wastes,” as defined in § 23-19.1-4, where the “hazardous wastes”

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating to

secret processes or methods of manufacture, production, or treatment is disclosed to the department

of environmental management only to procure an order, and is a “trade secret” as defined in § 28-

21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is

otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has

been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-business

corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability

company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA

Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the properties

designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,

Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located on

Pomham Island, East Providence, currently identified as Assessor’s Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and

is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited

exclusively to these said buildings, personal estate and land, provided that said property is owned

by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used

exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy — Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation

under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the Columbus

Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the Columbus

Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within the

city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and thereby

adheres to that organization’s standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen (17)

years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and

associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,

as defined in subsection (a) of this section, shall be exempt from taxation in accordance with

subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown’s community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor’s map 027, plat 019, lot 071, and known as the New England

Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the

United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor’s plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides Family

Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy’s Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba “Pet Refuge,” 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit

corporation;

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat

406, block 6, lot 6, and plat 506, block 1, lot 8;

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol’s community limits, subject to authorization by formal

action of the town council of the town of Bristol;

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence;

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

108, lot 83;

     (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La

Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

and improvements that have been or may be made;

     (70) Real and tangible personal property of The Providence Community Health Centers,

Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island;

     (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

personal property located on or in the premise acquired or leased by a railroad entity and for the

purpose of providing boarding and disembarking of railroad passengers and the supporting

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

any incorporated entity that has been duly authorized by the Rhode Island public utilities

commission to provide passenger railroad services;

     (72) Real and tangible personal property of the American Legion Riverside Post Holding

Company, d/b/a American Legion Post 10, a Rhode Island nonprofit corporation, located at 830

Willet Avenue, within the city of East Providence on Map 513, Block 27, Parcel 001.00 as long as

said property is owned by American Legion Post 10;

     (73) Real and tangible personal property of the Holy Rosary Band Society, a Rhode Island

nonprofit corporation, located at 328 Taunton Avenue, within the city of East Providence on Map

306, Block 01, Parcel 012.00;

     (74) Real and tangible personal property of Foster Forward, a Rhode Island domestic

nonprofit corporation, located within the city of Pawtucket, at 16 North Bend Street, and further

identified as assessor’s plat 21, lot 312;

     (75) Real and tangible personal property of the Old and Ancient Rowers Society of Rhode

Island, a Rhode Island domestic nonprofit corporation, located at 166 Walmsley Lane, within the

town of North Kingstown on Plat 004/Lot 019;

     (76) Real and tangible personal property of the Rhode Island Public Health Foundation, a

domestic nonprofit corporation or any other entity formed by the Rhode Island Public Health

Foundation in connection with, or to facilitate the acquisition of, one property to be owned by the

Rhode Island Public Health Foundation or such entity, located in the city of Providence;

     (77) Real and tangible personal property of the Manissean Tribal Council, a Rhode Island

nonprofit corporation, located in the town of New Shoreham, Rhode Island;

     (78) Real and tangible personal property of Sophia Academy located at 582 Elmwood

Avenue, the San Miguel Education Center located at 525 Branch Avenue, and the Community

Preparatory School, Inc. located at 135 Prairie Avenue, all of which are domestic nonprofit

corporations, and all of which are located within the city of Providence; and

     (79) Real and tangible personal property of Cape Verdean Museum Exhibit, a Rhode Island

domestic nonprofit corporation, located at 617 Prospect Street, within the city of Pawtucket on

Assessors’ Plat 37, Lot 434.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a nonprofit

hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit

hospital facility is initially established, the value of the real property and personal property of the

for-profit hospital facility shall be determined by a valuation performed by the assessor for the

purpose of determining an initial assessed value of real and personal property, not previously taxed

by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right

of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with

a direct appeal from an adverse decision to the Rhode Island superior court business calendar.

     A “for-profit hospital facility” includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit

hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to

stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise

becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in

that year only the amount levied by the city or town and/or the amount payable under the

stabilization agreement for that year related to the for-profit hospital facility shall not be counted

towards determining the maximum tax levy permitted under § 44-5-2.

     (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief

for businesses, including small businesses, and to promote economic development, a city, town, or

fire district may establish an exemption for tangible personal property within its geographic limits

by formal action of the appropriate governing body within the city, town, or fire district, which

exemptions shall be uniformly applied and in compliance with local tax classification requirements.

Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-

12.2


 

 

452)

Section

Amended Chapter Numbers:

 

44-3-3

376

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated

organizations approved by the adjutant general and composed of members of the national guard,

the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating clergy;

provided, further, that in the town of Charlestown, where the property previously described in this

paragraph is exempt in total, along with dwelling houses and the land on which they stand in

Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling

house is located, whichever is the greater, owned by, or held in trust for, any religious organization

and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its

religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy, or

seminary of learning, and of any incorporated public charitable institution, and the land upon which

the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far

as they are used exclusively for educational purposes, but no property or estate whatever is hereafter

exempt from taxation in any case where any part of its income or profits, or of the business carried

on there, is divided among its owners or stockholders; provided, however, that unless any private

nonprofit corporation organized as a college or university located in the town of Smithfield reaches

a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the

actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said

corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer’s

estate, person, and family included, but only to the extent that any person had claimed and utilized

the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in whole

or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent body

of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

($400,000) if actually used and occupied by the association; provided, that the city council of the

city of Cranston may by ordinance exempt the real or personal estate as previously described in

this subdivision located within the city of Cranston to the extent of five hundred thousand dollars

($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their

wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity

or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax

shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.

At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold

or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the

lien immediately becomes due and payable; any person claiming the exemption aggrieved by an

adverse decision of an assessor shall appeal the decision to the local board of tax review and

thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items that

are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that

the improvements meet applicable standards for shelter construction established, from time to time,

by the Rhode Island emergency management agency. The improvements are deemed to comply

with the provisions of any building code or ordinance with respect to the materials or the methods

of construction used and any shelter or its establishment is deemed to comply with the provisions

of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer’s inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be

a manufacturer within a city or town within this state if that person uses any premises, room, or

place in it primarily for the purpose of transforming raw materials into a finished product for trade

through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or after

July 1, 1997; building and construction contractors; warehousing operations, including distribution

bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing

or distribution of raw materials, such as alteration of stock for the convenience of a customer; are

excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term “manufacturer’s

inventory,” or any similar term, means and includes the manufacturer’s raw materials, the

manufacturer’s work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;

provided, that the term does not include any finished products held by the manufacturer in any retail

store or other similar selling place operated by the manufacturer whether or not the retail

establishment is located in the same building in which the manufacturer operates the manufacturing

plant;

     (iii) For the purpose of § 44-11-2, a “manufacturer” is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities in

which that person engaged in this state during the taxable year. For the purpose of computing the

percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer’s store or

other selling place may be at a different location from the location of the manufacturer’s

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

“manufacturer” also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for home

delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are

operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term “Person” means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,

reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or

standards for the control of water or air pollution or contamination, and certified as approved in an

order entered by the director of environmental management. The property is exempt as long as it is

operated properly in compliance with the order of approval of the director of environmental

management; provided, that any grant of the exemption by the director of environmental

management in excess of ten (10) years is approved by the city or town in which the property is

situated. This provision applies only to water and air pollution control properties and facilities

installed for the treatment of waste waters and air contaminants resulting from industrial

processing; furthermore, it applies only to water or air pollution control properties and facilities

placed in operation for the first time after April 13, 1970;

     (22) Manufacturing machinery and equipment acquired or used by a manufacturer after

December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used by a manufacturer for research and development

or for quality assurance of its manufactured products, to the extent to which the machinery and

equipment is used for the manufacturing processes, research and development, or quality assurance.

In the instances where machinery and equipment is used in both manufacturing and/or research and

development and/or quality assurance activities and non-manufacturing activities, the assessment

on machinery and equipment is prorated by applying the percentage of usage of the equipment for

the manufacturing, research and development, and quality-assurance activity to the value of the

machinery and equipment for purposes of taxation, and the portion of the value used for

manufacturing, research and development, and quality assurance is exempt from taxation. The

burden of demonstrating this percentage usage of machinery and equipment for manufacturing and

for research and development and/or quality assurance of its manufactured products rests with the

manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which the

machinery and equipment is located adopts an ordinance exempting the machinery and equipment

from taxation. For purposes of this subsection, city councils and town councils of any municipality

may, by ordinance, wholly or partially exempt from taxation the machinery and equipment

discussed in this subsection for the period of time established in the ordinance and may, by

ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any

exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates

from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of “charitable trust” set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively

for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of “hazardous wastes,” as defined in § 23-19.1-4, where the “hazardous wastes”

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating to

secret processes or methods of manufacture, production, or treatment is disclosed to the department

of environmental management only to procure an order, and is a “trade secret” as defined in § 28-

21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is

otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has

been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-business

corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability

company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA

Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the properties

designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,

Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located on

Pomham Island, East Providence, currently identified as Assessor’s Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and

is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited

exclusively to these said buildings, personal estate and land, provided that said property is owned

by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used

exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy — Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation

under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the Columbus

Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the Columbus

Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within the

city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and thereby

adheres to that organization’s standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen (17)

years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and

associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,

as defined in subsection (a) of this section, shall be exempt from taxation in accordance with

subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown’s community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor’s map 027, plat 019, lot 071, and known as the New England

Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the

United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor’s plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides Family

Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy’s Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba “Pet Refuge,” 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit

corporation;

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat

406, block 6, lot 6, and plat 506, block 1, lot 8;

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol’s community limits, subject to authorization by formal

action of the town council of the town of Bristol;

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence;

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

108, lot 83;

     (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La

Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

and improvements that have been or may be made;

     (70) Real and tangible personal property of The Providence Community Health Centers,

Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island;

     (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

personal property located on or in the premise acquired or leased by a railroad entity and for the

purpose of providing boarding and disembarking of railroad passengers and the supporting

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

any incorporated entity that has been duly authorized by the Rhode Island public utilities

commission to provide passenger railroad services;

     (72) Real and tangible personal property of the American Legion Riverside Post Holding

Company, d/b/a American Legion Post 10, a Rhode Island nonprofit corporation, located at 830

Willet Avenue, within the city of East Providence on Map 513, Block 27, Parcel 001.00 as long as

said property is owned by American Legion Post 10;

     (73) Real and tangible personal property of the Holy Rosary Band Society, a Rhode Island

nonprofit corporation, located at 328 Taunton Avenue, within the city of East Providence on Map

306, Block 01, Parcel 012.00;

     (74) Real and tangible personal property of Foster Forward, a Rhode Island domestic

nonprofit corporation, located within the city of Pawtucket, at 16 North Bend Street, and further

identified as assessor’s plat 21, lot 312;

     (75) Real and tangible personal property of the Old and Ancient Rowers Society of Rhode

Island, a Rhode Island domestic nonprofit corporation, located at 166 Walmsley Lane, within the

town of North Kingstown on Plat 004/Lot 019;

     (76) Real and tangible personal property of the Rhode Island Public Health Foundation, a

domestic nonprofit corporation or any other entity formed by the Rhode Island Public Health

Foundation in connection with, or to facilitate the acquisition of, one property to be owned by the

Rhode Island Public Health Foundation or such entity, located in the city of Providence;

     (77) Real and tangible personal property of the Manissean Tribal Council, a Rhode Island

nonprofit corporation, located in the town of New Shoreham, Rhode Island;

     (78) Real and tangible personal property of Sophia Academy located at 582 Elmwood

Avenue, the San Miguel Education Center located at 525 Branch Avenue, and the Community

Preparatory School, Inc. located at 135 Prairie Avenue, all of which are domestic nonprofit

corporations, and all of which are located within the city of Providence; and

     (79) Real and tangible personal property of Cape Verdean Museum Exhibit, a Rhode Island

domestic nonprofit corporation, located at 617 Prospect Street, within the city of Pawtucket on

Assessors’ Plat 37, Lot 434.

     (801) Real and tangible personal property of the Little Flower Home, a Rhode Island

domestic nonprofit corporation, located at 304 Hooper Street, within the Town of Tiverton on Map

102, Lot 196; provided that, the organization remains a federal 501(c)(3) tax-exempt corporation

and a domestic nonprofit charitable corporation.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a nonprofit

hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit

hospital facility is initially established, the value of the real property and personal property of the

for-profit hospital facility shall be determined by a valuation performed by the assessor for the

purpose of determining an initial assessed value of real and personal property, not previously taxed

by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right

of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with

a direct appeal from an adverse decision to the Rhode Island superior court business calendar.

     A “for-profit hospital facility” includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit

hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to

stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise

becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in

that year only the amount levied by the city or town and/or the amount payable under the

stabilization agreement for that year related to the for-profit hospital facility shall not be counted

towards determining the maximum tax levy permitted under § 44-5-2.

     (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief

for businesses, including small businesses, and to promote economic development, a city, town, or

fire district may establish an exemption for tangible personal property within its geographic limits

by formal action of the appropriate governing body within the city, town, or fire district, which

exemptions shall be uniformly applied and in compliance with local tax classification requirements.

Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-


 

 

453)

Section

Amended Chapter Numbers:

 

44-3-3

385

 

 

44-3-3. Property exempt.

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated

organizations approved by the adjutant general and composed of members of the national guard,

the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating clergy;

provided, further, that in the town of Charlestown, where the property previously described in this

paragraph is exempt in total, along with dwelling houses and the land on which they stand in

Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling

house is located, whichever is the greater, owned by, or held in trust for, any religious organization

and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its

religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy, or

seminary of learning, and of any incorporated public charitable institution, and the land upon which

the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far

as they are used exclusively for educational purposes, but no property or estate whatever is hereafter

exempt from taxation in any case where any part of its income or profits, or of the business carried

on there, is divided among its owners or stockholders; provided, however, that unless any private

nonprofit corporation organized as a college or university located in the town of Smithfield reaches

a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the

actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said

corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer’s

estate, person, and family included, but only to the extent that any person had claimed and utilized

the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in whole

or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent body

of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

($400,000) if actually used and occupied by the association; provided, that the city council of the

city of Cranston may by ordinance exempt the real or personal estate as previously described in

this subdivision located within the city of Cranston to the extent of five hundred thousand dollars

($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their

wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity

or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax

shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.

At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold

or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the

lien immediately becomes due and payable; any person claiming the exemption aggrieved by an

adverse decision of an assessor shall appeal the decision to the local board of tax review and

thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items that

are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that

the improvements meet applicable standards for shelter construction established, from time to time,

by the Rhode Island emergency management agency. The improvements are deemed to comply

with the provisions of any building code or ordinance with respect to the materials or the methods

of construction used and any shelter or its establishment is deemed to comply with the provisions

of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer’s inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be

a manufacturer within a city or town within this state if that person uses any premises, room, or

place in it primarily for the purpose of transforming raw materials into a finished product for trade

through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or after

July 1, 1997; building and construction contractors; warehousing operations, including distribution

bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing

or distribution of raw materials, such as alteration of stock for the convenience of a customer; are

excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term “manufacturer’s

inventory,” or any similar term, means and includes the manufacturer’s raw materials, the

manufacturer’s work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;

provided, that the term does not include any finished products held by the manufacturer in any retail

store or other similar selling place operated by the manufacturer whether or not the retail

establishment is located in the same building in which the manufacturer operates the manufacturing

plant;

     (iii) For the purpose of § 44-11-2, a “manufacturer” is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities in

which that person engaged in this state during the taxable year. For the purpose of computing the

percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer’s store or

other selling place may be at a different location from the location of the manufacturer’s

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

“manufacturer” also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for home

delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are

operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term “Person” means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,

reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or

standards for the control of water or air pollution or contamination, and certified as approved in an

order entered by the director of environmental management. The property is exempt as long as it is

operated properly in compliance with the order of approval of the director of environmental

management; provided, that any grant of the exemption by the director of environmental

management in excess of ten (10) years is approved by the city or town in which the property is

situated. This provision applies only to water and air pollution control properties and facilities

installed for the treatment of waste waters and air contaminants resulting from industrial

processing; furthermore, it applies only to water or air pollution control properties and facilities

placed in operation for the first time after April 13, 1970;

     (22) Manufacturing machinery and equipment acquired or used by a manufacturer after

December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used by a manufacturer for research and development

or for quality assurance of its manufactured products, to the extent to which the machinery and

equipment is used for the manufacturing processes, research and development, or quality assurance.

In the instances where machinery and equipment is used in both manufacturing and/or research and

development and/or quality assurance activities and non-manufacturing activities, the assessment

on machinery and equipment is prorated by applying the percentage of usage of the equipment for

the manufacturing, research and development, and quality-assurance activity to the value of the

machinery and equipment for purposes of taxation, and the portion of the value used for

manufacturing, research and development, and quality assurance is exempt from taxation. The

burden of demonstrating this percentage usage of machinery and equipment for manufacturing and

for research and development and/or quality assurance of its manufactured products rests with the

manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which the

machinery and equipment is located adopts an ordinance exempting the machinery and equipment

from taxation. For purposes of this subsection, city councils and town councils of any municipality

may, by ordinance, wholly or partially exempt from taxation the machinery and equipment

discussed in this subsection for the period of time established in the ordinance and may, by

ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any

exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates

from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of “charitable trust” set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively

for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of “hazardous wastes,” as defined in § 23-19.1-4, where the “hazardous wastes”

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating to

secret processes or methods of manufacture, production, or treatment is disclosed to the department

of environmental management only to procure an order, and is a “trade secret” as defined in § 28-

21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is

otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has

been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-business

corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability

company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA

Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the properties

designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,

Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located on

Pomham Island, East Providence, currently identified as Assessor’s Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and

is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited

exclusively to these said buildings, personal estate and land, provided that said property is owned

by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used

exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy — Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation

under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the Columbus

Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the Columbus

Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within the

city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and thereby

adheres to that organization’s standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen (17)

years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and

associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,

as defined in subsection (a) of this section, shall be exempt from taxation in accordance with

subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown’s community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor’s map 027, plat 019, lot 071, and known as the New England

Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the

United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor’s plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides Family

Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy’s Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba “Pet Refuge,” 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit

corporation;

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat

406, block 6, lot 6, and plat 506, block 1, lot 8;

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol’s community limits, subject to authorization by formal

action of the town council of the town of Bristol;

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence;

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

108, lot 83;

     (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La

Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

and improvements that have been or may be made;

     (70) Real and tangible personal property of The Providence Community Health Centers,

Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island;

     (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

personal property located on or in the premise acquired or leased by a railroad entity and for the

purpose of providing boarding and disembarking of railroad passengers and the supporting

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

any incorporated entity that has been duly authorized by the Rhode Island public utilities

commission to provide passenger railroad services;

     (72) Real and tangible personal property of the American Legion Riverside Post Holding

Company, d/b/a American Legion Post 10, a Rhode Island nonprofit corporation, located at 830

Willet Avenue, within the city of East Providence on Map 513, Block 27, Parcel 001.00 as long as

said property is owned by American Legion Post 10;

     (73) Real and tangible personal property of the Holy Rosary Band Society, a Rhode Island

nonprofit corporation, located at 328 Taunton Avenue, within the city of East Providence on Map

306, Block 01, Parcel 012.00;

     (74) Real and tangible personal property of Foster Forward, a Rhode Island domestic

nonprofit corporation, located within the city of Pawtucket, at 16 North Bend Street, and further

identified as assessor’s plat 21, lot 312;

     (75) Real and tangible personal property of the Old and Ancient Rowers Society of Rhode

Island, a Rhode Island domestic nonprofit corporation, located at 166 Walmsley Lane, within the

town of North Kingstown on Plat 004/Lot 019;

     (76) Real and tangible personal property of the Rhode Island Public Health Foundation, a

domestic nonprofit corporation or any other entity formed by the Rhode Island Public Health

Foundation in connection with, or to facilitate the acquisition of, one property to be owned by the

Rhode Island Public Health Foundation or such entity, located in the city of Providence;

     (77) Real and tangible personal property of the Manissean Tribal Council, a Rhode Island

nonprofit corporation, located in the town of New Shoreham, Rhode Island;

     (78) Real and tangible personal property of Sophia Academy located at 582 Elmwood

Avenue, the San Miguel Education Center located at 525 Branch Avenue, and the Community

Preparatory School, Inc. located at 135 Prairie Avenue, all of which are domestic nonprofit

corporations, and all of which are located within the city of Providence; and

     (79) Real and tangible personal property of Cape Verdean Museum Exhibit, a Rhode Island

domestic nonprofit corporation, located at 617 Prospect Street, within the city of Pawtucket on

Assessors’ Plat 37, Lot 434; and

     (80)(82) Real and tangible personal property of the Brain Injury Association of Rhode

Island, Inc., a nonprofit corporation, located at 1017 Waterman Avenue within the city of East

Providence on tax assessor's map 607, Block 11, Parcel 4.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a nonprofit

hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit

hospital facility is initially established, the value of the real property and personal property of the

for-profit hospital facility shall be determined by a valuation performed by the assessor for the

purpose of determining an initial assessed value of real and personal property, not previously taxed

by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right

of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with

a direct appeal from an adverse decision to the Rhode Island superior court business calendar.

     A “for-profit hospital facility” includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit

hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to

stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise

becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in

that year only the amount levied by the city or town and/or the amount payable under the

stabilization agreement for that year related to the for-profit hospital facility shall not be counted

towards determining the maximum tax levy permitted under § 44-5-2.

     (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief

for businesses, including small businesses, and to promote economic development, a city, town, or

fire district may establish an exemption for tangible personal property within its geographic limits

by formal action of the appropriate governing body within the city, town, or fire district, which

exemptions shall be uniformly applied and in compliance with local tax classification requirements.

Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-

12.2.


 

 

454)

Section

Amended Chapter Numbers:

 

44-3-4

177 and 178

 

 

44-3-4. Veterans’ exemptions.

     (a)(1) The property of each person who served in the military, national guard, or naval

service of the United States in the war of the rebellion, the Spanish-American war, the insurrection

in the Philippines, the China-relief expedition, or World War I, and the property of each person

who served in the military, national guard or naval service of the United States in World War II at

any time during the period beginning December 7, 1941, and ending on December 31, 1946, and

members who served in uniform during the Cold War between 1947 through 1991, including those

members who did not serve in a declared war or conflict and the property of each person who

served in the military, national guard or naval services of the United States in the Korean conflict

at any time during the period beginning June 27, 1950, and ending January 31, 1955, or in the

Vietnam conflict at any time during the period beginning February 28, 1961, and ending May 7,

1975, or who actually served in the Grenada or Lebanon conflicts of 1983-1984, or the Persian Gulf

conflict, the Haitian conflict, the Somalian conflict, and the Bosnian conflict, at any time during

the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or undeclared war

and who was honorably discharged from the service, or who was discharged under conditions other

than dishonorable, or who, if not discharged, served honorably, or the property of the unmarried

widow or widower of that person, is exempted from taxation to the amount of one thousand dollars

($1,000), except in:

     (i) Burrillville, where the exemption is four thousand dollars ($4,000);

     (ii) Cumberland, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty-three thousand seven hundred seventy-two dollars ($23,772);

     (iii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

     (iv) Jamestown, where the town council may, by ordinance, provide for a tax credit or

exemption to any veteran of the United States armed services regardless of their qualified service

dates, who was honorably discharged or who was discharged under conditions other than

dishonorable;

     (v) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000); and

where the town council may also provide for a real estate tax exemption not exceeding ten thousand

dollars ($10,000) for those honorably discharged active duty veterans who served in Operation

Desert Storm;

     (vi) Newport, where the exemption is four thousand dollars ($4,000);

     (vii) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (viii) North Kingstown, where the exemption is ten thousand dollars ($10,000);

     (ix) North Providence, where the town council may, by ordinance, provide for an

exemption of a maximum of five thousand dollars ($5,000);

     (x) [As amended by P.L. 2015, ch. 168, § 1]. Smithfield, where the exemption is ten

thousand dollars ($10,000);

     (x) [As amended by P.L. 2015, ch. 179, § 1]. Smithfield, where the exemption is four

thousand dollars ($4,000). Provided, effective July 1, 2016, the Smithfield town council may, by

ordinance, provide for an exemption of a maximum of ten thousand dollars ($10,000);

     (xi) Warren, where the exemption shall not exceed five thousand five hundred dollars

($5,500) on motor vehicles, or ten thousand one hundred seventy-five dollars ($10,175) on real

property;

     (xii) Westerly, where the town council may, by ordinance, provide an exemption of the

total value of the veterans’ real and personal property to a maximum of forty thousand five hundred

dollars ($40,500);

     (xiii) Barrington, where the town council may, by ordinance, provide for an exemption of

six thousand dollars ($6,000) for real property;

     (xiv) Exeter, where the exemption is five thousand dollars ($5,000);

     (xv) Glocester, where the exemption shall not exceed thirty thousand dollars ($30,000);

     (xvi) West Warwick, where the city council may, by ordinance, provide for an exemption

of up to ten thousand dollars ($10,000);

     (xvii) Warwick, where the city council may, by ordinance, provide for an exemption of a

maximum of four thousand dollars ($4,000);

     (xviii) [As added by P.L. 2016, ch. 238, § 1].Charlestown, where the town council may,

by ordinance, provide for an additional exemption to any veteran of the United States armed

services, regardless of the veteran’s qualified service dates, who was honorably discharged, or to

the unmarried widow or widower of that person who is not currently receiving this statutory

exemption;

     (xix) [As added by P.L. 2016, ch. 268, § 1].Charlestown, where the town council may, by

ordinance, provide for an additional tax credit to any veteran of the United States armed services,

regardless of the veteran’s qualified service dates, who was honorably discharged, or to the

unmarried widow or widower of that person who is not currently receiving this statutory exemption;

     (xx) Narragansett, where the town council may, by ordinance, provide for an exemption

of a maximum of twenty thousand dollars ($20,000) from the assessed value of real property, or

twelve thousand dollars ($12,000) from the assessed value of a motor vehicle;

     (xxi) Tiverton, where the town council may provide, by ordinance as may be amended from

time to time, a tax credit of two hundred dollars ($200) or greater; and

     (xxii) North Smithfield, where the town council may provide, by ordinance, as may be

amended from time to time, a tax dollar credit reduction of three hundred and fifty dollars ($350)

or greater to any veteran as defined in subsection (a)(1) of this section, or a tax dollar credit

reduction of two hundred dollars ($200) or greater to the unmarried widow or widower of any

veteran as defined in subsection (a)(1) of this section.

     (2) The exemption is applied to the property in the municipality where the person resides,

and if there is not sufficient property to exhaust the exemption, the person may claim the balance

in any other city or town where the person may own property; provided, that the exemption is not

allowed in favor of any person who is not a legal resident of the state, or unless the person entitled

to the exemption has presented to the assessors, on or before the last day on which sworn statements

may be filed with the assessors for the year for which exemption is claimed, evidence that he or

she is entitled, which evidence shall stand so long as his or her legal residence remains unchanged;

provided, however, that in the town of South Kingstown, the person entitled to the exemption shall

present to the assessors, at least five (5) days prior to the certification of the tax roll, evidence that

he or she is entitled to the exemption; and, provided, further, that the exemption provided for in

this subdivision to the extent that it applies in any city or town, shall be applied in full to the total

value of the person’s real and tangible personal property located in the city or town; and, provided,

that there is an additional exemption from taxation in the amount of one thousand dollars ($1,000),

except in:

     (i) Central Falls, where the city council may, by ordinance, provide for an exemption of a

maximum of seven thousand five hundred dollars ($7,500);

     (ii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

     (iii) Cumberland, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty-two thousand five hundred dollars ($22,500);

     (iv) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000);

     (v) Newport, where the exemption is four thousand dollars ($4,000);

     (vi) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (vii) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of five thousand dollars ($5,000);

     (viii) Smithfield, where the exemption is four thousand dollars ($4,000);

     (ix) Warren, where the exemption shall not exceed eleven thousand dollars ($11,000);

     (x) Barrington, where the town council may, by ordinance, provide for an exemption of

six thousand dollars ($6,000) for real property; of the property of every honorably discharged

veteran of World War I or World War II, Korean or Vietnam, Grenada or Lebanon conflicts, the

Persian Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict at any

time during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or

undeclared war who is determined by the Veterans Administration of the United States of America

to be totally disabled through service-connected disability and who presents to the assessors a

certificate from the veterans administration that the person is totally disabled, which certificate

remains effectual so long as the total disability continues;

     (xi) Charlestown, where the town council may, by ordinance, create a tax dollar credit

reduction to replace the tax assessment exemption, as so stated in all sections herein; and

     (xii) Jamestown, where the town council may, by ordinance, provide for an exemption to

any veteran of the United States armed services regardless of their qualified service dates, who was

honorably discharged or who was discharged under conditions other than dishonorable, or to the

unmarried widow or widower of that person who is not currently receiving this statutory exemption.

     (3) Provided, that:

     (i) Burrillville may exempt real property of the totally disabled persons in the amount of

six thousand dollars ($6,000);

     (ii) Cumberland town council may, by ordinance, provide for an exemption of a maximum

of twenty-two thousand five hundred dollars ($22,500);

     (iii) Little Compton may, by ordinance, exempt real property of each of the totally disabled

persons in the amount of six thousand dollars ($6,000);

     (iv) Middletown may exempt the real property of each of the totally disabled persons in the

amount of five thousand dollars ($5,000);

     (v) New Shoreham town council may, by ordinance, provide for an exemption of a

maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (vi) North Providence town council may, by ordinance, provide for an exemption of a

maximum of five thousand dollars ($5,000);

     (vii) The Tiverton town council may, by ordinance which may be amended from time to

time, provide for a four-hundred-dollar ($400) tax credit or greater on the real property of each of

the totally disabled persons;

     (viii) West Warwick town council may exempt the real property of each of the totally

disabled persons in an amount of two hundred dollars ($200);

     (ix) Westerly town council may, by ordinance, provide for an exemption on the total value

of real and personal property to a maximum of forty-six thousand five hundred dollars ($46,500);

and

     (x) Jamestown, where the town council may, by ordinance, provide for an additional tax

credit or exemption on real and personal property to any veteran of the United States armed services

regardless of their qualified service dates, who is considered one hundred percent (100%) totally

disabled through a service connected disability and who was honorably discharged or who was

discharged under conditions other than dishonorable, or to the unmarried widow or widower of that

person who is not currently receiving this statutory exemption.

     (4) There is an additional exemption from taxation in the town of:

     Warren, where its town council may, by ordinance, provide for an exemption not exceeding

eight thousand two hundred fifty dollars ($8,250), of the property of every honorably discharged

veteran of World War I or World War II, or Vietnam, Grenada or Lebanon conflicts, the Persian

Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict, at any time

during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or

undeclared war who is determined by the Veterans’ Administration of the United States of America

to be partially disabled through a service-connected disability and who presents to the assessors a

certificate that he or she is partially disabled, which certificate remains effectual so long as the

partial disability continues. Provided, however, that the Barrington town council may exempt real

property of each of the above named persons in the amount of three thousand dollars ($3,000);

Warwick city council may, by ordinance, exempt real property of each of the above-named persons

and to any person who served in any capacity in the military or naval service during the period of

time of the Persian Gulf conflict, whether or not the person served in the geographical location of

the conflict, in the amount of four thousand dollars ($4,000).

     (5) Lincoln. There is an additional exemption from taxation in the town of Lincoln for the

property of each person who actually served in the military or naval service of the United States in

the Persian Gulf conflict and who was honorably discharged from the service, or who was

discharged under conditions other than dishonorable, or who, if not discharged, served honorably,

or of the unmarried widow or widower of that person. The exemption shall be determined by the

town council in an amount not to exceed ten thousand dollars ($10,000).

     (b) In addition to the exemption provided in subsection (a) of this section, there is a ten-

thousand dollar ($10,000) exemption from local taxation on real property for any veteran and the

unmarried widow or widower of a deceased veteran of the military or naval service of the United

States who is determined, under applicable federal law by the Veterans Administration of the

United States, to be totally disabled through service-connected disability and who, by reason of the

disability, has received assistance in acquiring “specially adopted housing” under laws

administered by the veterans’ administration; provided, that the real estate is occupied as his or her

domicile by the person; and, provided, that if the property is designed for occupancy by more than

one family, then only that value of so much of the house as is occupied by the person as his or her

domicile is exempted; and, provided, that satisfactory evidence of receipt of the assistance is

furnished to the assessors except in:

     (1) Cranston, where the exemption shall not exceed thirty thousand dollars ($30,000);

     (2) Cumberland, where the town council may provide for an exemption not to exceed seven

thousand five hundred dollars ($7,500);

     (3) Newport, where the exemption is ten thousand dollars ($10,000) or ten percent (10%)

of assessed valuation, whichever is greater;

     (4) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (5) North Providence, where the town council may, by ordinance, provide for an exemption

not to exceed twelve thousand five hundred dollars ($12,500);

     (6) Westerly, where the town council may, by ordinance, provide for an exemption of a

maximum of forty thousand five hundred dollars ($40,500);

     (7) Lincoln, where the town council may, by ordinance, provide for an exemption of a

maximum of fifteen thousand dollars ($15,000);

     (8) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of fifty thousand dollars ($50,000);

     (9) Tiverton, where the town council may, by ordinance, provide for a tax credit of two

hundred dollars ($200) or greater, as may be amended from time to time;

     (10) Jamestown, where the town council may, by ordinance, provide for a tax credit; and

     (11) North Smithfield, where the town council may, by ordinance, as may be amended from

time to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350) or

greater.

     (c) In addition to the previously provided exemptions, any veteran of the military or naval

service of the United States who is determined, under applicable federal law by the Veterans’

Administration of the United States to be totally disabled through service-connected disability may,

by ordinance, passed in the city or town where the veteran’s property is assessed, receive a ten

thousand dollar ($10,000) exemption from local taxation on his or her property whether real or

personal and if the veteran owns real property may be exempt from taxation by any fire and/or

lighting district; provided, that in the town of: North Kingstown, where the amount of the exemption

shall be eleven thousand dollars ($11,000) commencing with the December 31, 2002, assessment;

and for the town of Westerly, where the amount of the exemption shall be thirty-nine thousand

dollars ($39,000) commencing with the December 31, 2005, assessment; and in the town of

Cumberland, where the amount of the exemption shall not exceed forty-seven thousand five

hundred forty-four dollars ($47,544); and the town of Narragansett, where the amount of the

exemption shall not exceed twenty thousand dollars ($20,000) from the assessed value of real

property or twelve thousand dollars ($12,000) from the assessed value of a motor vehicle; and in

the city of Cranston, commencing with the December 31, 2016, assessment, where the exemption

will not exceed two hundred fifty thousand dollars ($250,000) and be extended to the unmarried

widow or widower of such veteran, and in the town of Tiverton, where, by ordinance, a tax credit

of two hundred dollars ($200) or greater shall be applied to the qualified veteran’s property

assessment tax bill.

     (d) In determining whether or not a person is the widow or widower of a veteran for the

purposes of this section, the remarriage of the widow or widower shall not bar the furnishing of the

benefits of the section if the remarriage is void, has been terminated by death, or has been annulled

or dissolved by a court of competent jurisdiction.

     (e) In addition to the previously provided exemptions, there may by ordinance passed in

the city or town where the person’s property is assessed, be an additional fifteen thousand dollars

($15,000) exemption from local taxation on real and personal property for any veteran of military

or naval service of the United States or the unmarried widow or widower of person who has been

or shall be classified as, or determined to be, a prisoner of war by the Veterans’ Administration of

the United States, except in:

     (1) Westerly, where the town council may, by ordinance, provide for an exemption of a

maximum of sixty-eight thousand dollars ($68,000);

     (2) Cumberland, where the town council may by ordinance provide for an exemption of a

maximum of forty-seven thousand five hundred forty-four dollars ($47,544);

     (3) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of forty thousand dollars ($40,000);

     (4) Tiverton, where the town council may, by ordinance, provide for a tax credit of six

hundred dollars ($600) or greater;

     (5) Jamestown, where the town council may, by ordinance, provide for an exemption

greater than fifteen thousand dollars ($15,000) of value or a tax credit that would offer an equivalent

relief or benefit; and

     (6) North Smithfield, where the town council may, by ordinance, as may be amended from

time to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350) or

greater.

     (f) Cities and towns granting exemptions under this section shall use the eligibility dates

specified in this section.

     (g) The several cities and towns not previously authorized to provide an exemption for

those veterans who actually served in the Persian Gulf conflict may provide that exemption in the

amount authorized in this section for veterans of other recognized conflicts.

     (h) Bristol, where the town council of Bristol may, by ordinance, provide for an exemption

for any veteran and the unmarried widow or widower of a deceased veteran of military or naval

service of the United States who is determined, under applicable federal law by the Veterans’

Administration of the United States to be partially disabled through service-connected disability.

     (i) In addition to the previously provided exemption, any veteran who is discharged from

the military or naval service of the United States under conditions other than dishonorable, or an

officer who is honorably separated from military or naval service, who is determined, under

applicable federal law by the Veterans Administration of the United States to be totally and

permanently disabled through a service-connected disability, who owns a specially adapted

homestead that has been acquired or modified with the assistance of a special adaptive housing

grant from the Veteran’s Administration and that meets Veteran’s Administration and Americans

with disability act guidelines from adaptive housing or that has been acquired or modified using

proceeds from the sale of any previous homestead that was acquired with the assistance of a special

adaptive housing grant from the veteran’s administration, the person or the person’s surviving

spouse is exempt from all taxation on the homestead. Provided, that in the town of Westerly where

the amount of the above referenced exemption shall be forty-six thousand five hundred dollars

($46,500).

     (j) The town of Coventry may provide, by ordinance, a one-thousand-dollar ($1,000)

exemption for any person who is an active member of the armed forces of the United States.

     (k) The town of Scituate may provide, by ordinance, in lieu of a tax exemption that grants

to all disabled veterans with a one hundred percent (100%) service-connected disability, a tax credit

in an amount to be determined from time to time by the town council.


 

 

 

455)

Section

Amended Chapter Numbers:

 

44-3-9

27 and 28

 

 

44-3-9. Exemption or stabilizing of taxes on property used for manufacturing,

commercial, or residential purposes.

     (a)(1) Except as provided in this section, the electors of any city or town qualified to vote

on a proposition to appropriate money or impose a tax when legally assembled, may vote to

authorize the city or town council, for a period not exceeding twenty (20) years, and subject to the

conditions as provided in this section, to exempt from payment, in whole or in part, real and

personal property which has undergone environmental remediation, is historically preserved, or is

used for affordable housing, manufacturing, commercial, or residential purposes, or to determine a

stabilized amount of taxes to be paid on account of the property, notwithstanding the valuation of

the property or the rate of tax; provided, that after public hearings, at least ten (10) days’ notice of

which shall be given in a newspaper having a general circulation in the city or town, the city or

town council determines that:

     (i) Granting of the exemption or stabilization will inure to the benefit of the city or town

by reason of:

     (A) The willingness of the manufacturing or commercial concern to locate in the city or

town, or of individuals to reside in such an area; or

     (B) The willingness of a manufacturing firm to expand facilities with an increase in

employment or the willingness of a commercial or manufacturing concern to retain or expand its

facility in the city or town and not substantially reduce its work force in the city or town; or

     (C) An improvement of the physical plant of the city or town which will result in a long-

term economic benefit to the city or town and state; or

     (D) An improvement which converts or makes available land or facility that would

otherwise be not developable or difficult to develop without substantial environmental remediation;

or

     (ii) Granting of the exemption or stabilization of taxes will inure to the benefit of the city

or town by reason of the willingness of a manufacturing or commercial or residential firm or

property owner to construct new or to replace, reconstruct, convert, expand, retain, or remodel

existing buildings, facilities, machinery, or equipment with modern buildings, facilities, fixtures,

machinery, or equipment resulting in an increase or maintenance in plant, residential housing, or

commercial building investment by the firm or property owned in the city or town;

     (2) Provided that should the city or town council make the determination in subsection

(a)(1)(i)(B) of this section, any exemption or stabilization may be granted as to new buildings,

fixtures, machinery, or equipment for new buildings, firms or expansions, and may be granted as

to existing buildings, fixtures, machinery and equipment for existing employers in the city or town.

     (b) Cities shall have the same authority as is granted to towns except that authority granted

to the qualified electors of a town and to town councils shall be exercised in the case of a city by

the city council.

     (c) For purposes of this section, “property used for commercial purposes” means any

building or structures used essentially for offices or commercial enterprises.

     (d) Except as provided in this section, property, the payment of taxes on which has been so

exempted or which is subject to the payment of a stabilized amount of taxes, shall not, during the

period for which the exemption or stabilization of the amount of taxes is granted, be further liable

to taxation by the city or town in which the property is located so long as the property is used for

the manufacturing or commercial, or residential purposes for which the exemption or stabilized

amount of taxes was made.

     (e) Notwithstanding any vote of the qualified electors of a town and findings of a town

council or of any vote and findings by a city council, the property shall be assessed for and shall

pay that portion of the tax, if any, assessed by the city or town in which the real or personal property

is located, for the purpose of paying the indebtedness of the city or town and the indebtedness of

the state or any political subdivision of the state to the extent assessed upon or apportioned to the

city or town, and the interest on the indebtedness, and for appropriation to any sinking fund of the

city or town, which portion of the tax shall be paid in full, and the taxes so assessed and collected

shall be kept in a separate account and used only for that purpose.

     (f) Nothing in this section shall be deemed to permit the exemption or stabilization

provided in this section for any manufacturing or commercial concern relocating from one city or

town within the state of Rhode Island to another.

     (g) Renewable energy resources, as defined in § 39-26-5, qualify for tax stabilization

agreements pursuant to subsection (a) of this section.

     (h) Notwithstanding the foregoing, the city council of the city of Providence may extend

the twenty-year (20) period in subsection (a) of this section by an additional ten (10) years for real

property located at 111 Westminster Street (also identified as 55 Kennedy Plaza), Providence,

Rhode Island, identified as assessor’s plat 20, lot 14.

     (i) Notwithstanding the foregoing, the city council of the city of Providence may enter into

an agreement to exempt from payment, in whole or in part, real and personal property taxes on real

property and personal property located at plat 56, lots 271, 288, 292, 322, 329, 339, 348, 349, 350,

351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367 and 371, and

such additional plats and lots as may be added in accordance with the terms of such agreement, and

to determine a stabilized amount of taxes, which may be formulated as a revenue sharing

arrangement, to be paid on account of the property, notwithstanding the valuation of the property

or the rate of tax. The term of the agreement may be up to thirty (30) years. This authority is in

addition to, and not in substitution of the authority exercised by the city council to enter into a

twenty-(20)year (20) tax exemption agreement, which agreement by its terms is set to expire on

September 30, 2024.


 

 

456)

Section

Amended Chapter Numbers:

 

44-3-9.1

9 and 10

 

 

44-3-9.1. Woonsocket — Exemption or stabilizing of taxes on qualifying property

located in designated districts in the city.

     (a) Except as provided in this section, the city council of the city of Woonsocket may vote

to authorize, for a period not exceeding ten (10) twenty (20) years, and subject to the conditions

provided in this section, to exempt from payment, in whole or in part, real and personal qualifying

property, or to determine a stabilized amount, of taxes to be paid on account of the qualifying

property located within a district designated by the city council, notwithstanding the valuation of

the property or the rate of tax; provided, that after a public hearing, at least ten (10) days’ notice of

which shall be given in a newspaper having a general circulation in the city, the city council

determines that designation of the district and granting of the exemption or stabilization for

qualifying property located in the city will inure to the benefit of the city by reason of the

willingness of owners of qualifying property to replace, reconstruct, expand, or remodel existing

buildings, facilities, machinery, or equipment with modern buildings, facilities, fixtures,

machinery, or equipment, or to construct new buildings or facilities or acquire new machinery or

equipment for use in such buildings or facilities, resulting in an increase in investment by such

owners in the city.

     (b) For purposes of this section, “qualifying property” means any building or structures

used or intended to be used essentially for offices or commercial enterprises or for residential

purposes.

     (c) Except as provided in this section, property, the payment of taxes on which has been so

exempted or which is subject to the payment of a stabilized amount of taxes, shall not, during the

period for which the exemption or stabilization of the amount of taxes is granted, be further liable

to taxation by the city so long as that property is used or intended to be used for the manufacturing,

commercial, or residential purposes for which the exemption or stabilized amount of taxes was

made.

     (d) Notwithstanding any vote and findings by the city council, the property shall be

assessed for and shall pay that portion of the tax, if any, assessed by the city, for the purpose of

paying the indebtedness of the city and the indebtedness of the state or any political subdivision of

the state to the extent assessed upon or apportioned to the city, and the interest on the indebtedness,

and for appropriation to any sinking fund of the city, which portion of the tax shall be paid in full,

and the taxes so assessed and collected shall be kept in a separate account and used only for that

purpose.


 

 

 

 

457)

Section

Added Chapter Numbers:

 

44-3-9.12

3 and 4

 

 

44-3-9.12. Exemption or stabilizing of taxes on qualifying property used for

manufacturing, commercial, residential, or mixed-use purposes.

     (a)(1) Except as provided in this section, the town council of the town of Cumberland may

vote to authorize, for a period not to exceed twenty (20) years, and subject to the conditions as

provided in this section, to exempt from payment, in whole or in part, real and personal property

which that has undergone environmental remediation, is historically preserved, or is used for

affordable housing, manufacturing, commercial, residential, or mixed-use purposes, or to

determine a stabilized amount of taxes to be paid on account of such property, notwithstanding the

valuation of the property or the rate of tax; provided, that after public hearings, at least ten (10)

days’ notice of which shall be given in a newspaper having a general circulation in the town, the

town council determines that:

     (i) Granting of the exemption or stabilization of taxes will inure to the benefit of the town

by reason of:

     (A) The willingness of the manufacturing or commercial firm or concern to locate in the

town or of individuals to reside in such an area; or

     (B) The willingness of a manufacturing or commercial firm or concern to expand facilities

with an increase in employment or the willingness of a commercial or manufacturing concern to

retain or expand its facility in the town and not substantially reduce its work force in the town; or

     (C) An improvement of the physical plant of the town which that will result in a long-term

economic benefit to the town and state; or

     (D) An improvement which that converts or makes available land or facility that would

otherwise be not developable or difficult to develop without substantial environmental remediation;

or

     (ii) Granting of the exemption or stabilization of taxes will inure to the benefit of the town

by reason of the willingness of a manufacturing, commercial, residential, or mixed-use firm or

property owner to construct new or replace, reconstruct, expand, or remodel existing buildings,

facilities, fixtures, machinery, or equipment with modern buildings, facilities, fixtures, machinery,

or equipment resulting in an increase in plant, commercial, residential housing, or mixed-use

building investment by the firm or property owner in the town.

     (2) Provided that should the town council make the determination in subsection (a)(1)(i)(B)

of this section, any exemption or stabilization may be granted as to new buildings, fixtures,

machinery, or equipment for new buildings, firms, or expansions, and may be granted as to the

existing building, fixtures, machinery, and equipment for existing employers in the town.

     (b) For purposes of this section, “real property used for manufacturing, commercial,

residential, or mixed-use purposes” includes any building or structure used for manufacturing,

offices, commercial enterprises, and/or residential housing including, without limitation, any

building or structure used for wholesale, warehouse, distribution, and/or storage businesses, used

for service industries, or used for any other commercial or manufacturing business, residential

housing, including mixed-use, and the land on which any such building or structure is situated.

     (c) For purposes of this section, “personal property used for manufacturing, commercial,

or mixed-use purposes” means any property owned by a firm or concern occupying a building,

structure, and/or land used for commercial or mixed-use purposes and used by such firm or property

owner in its manufacturing, commercial, or mixed-use enterprise including, without limitation, real

property and personal property including furniture, fixtures, equipment, machinery, stock in trade,

and inventory.

     (d) Except as provided in this section, real and personal property, the payment of taxes on

which has been so exempted or that is subject to the payment of a stabilized amount of taxes, shall

not, during the period for which the exemption or stabilization of the amount of taxes is granted,

be further liable to taxation by the town in which the property is located so long as the property is

used for the manufacturing, commercial, residential, or mixed-use purposes for which the

exemption or stabilized amount of taxes was made.

     (e) Notwithstanding any vote and findings by the town council, the property shall be

assessed for and shall pay that portion of the tax, if any, assessed by the town of Cumberland for

the purpose of paying the indebtedness of the town and the indebtedness of the state or any political

subdivision of the state to the extent assessed upon or apportioned to the town, and the interest on

the indebtedness, and for appropriation to any sinking fund of the town, which portion of the tax

shall be paid in full, and the taxes so assessed and collected shall be kept in a separate account and

used only for that purpose.

     (f) Renewable energy resources as defined in § 39-26-5, qualify for tax stabilization

agreements pursuant to subsection (a) of this section.


 

 

 

458)

Section

Amended Chapter Numbers:

 

44-3-56

365 and 366

 

 

44-3-56. Tax credit in lieu of tax exemption in the town of Burrillville.

     (a) The town council of the town of Burrillville may, by ordinance, grant a dollar tax credit

of a specific dollar amount in lieu of the tax exemptions allowed pursuant to the provisions of §§

44-3-4, 44-3-5, 44-3-12, 44-3-15, and 44-3-35 and chapter 22 of the public laws of 1973 P.L. 1973,

ch. 22. The basis for determining eligibility for the dollar tax credit shall be as set forth in §§ 44-

3-4, 44-3-5, 44- 3-12, 44-3-15, and 44-3-35 and chapter 22 of the public laws of 1973 P.L. 1973,

ch. 22. The dollar tax credit shall be a direct deduction from the tax bill.

     (b) In lieu of the dollar tax credit allowed in subsection (a), the town council of the town

of Burrillville may, by ordinance, establish a dollar tax credit for persons who meet the criteria set

forth in §§ 44-3-15 and 44-3-35 and chapter 22 of the public laws of 1973 P.L. 1973, ch. 22 based

on household gross income. The dollar tax credit may vary based on the household gross income.

     (c) The total amount of all flat rate tax credits shall not exceed three percent (3%) four

percent (4%) of the prior year’s tax levy.


 

 

 

459)

Section

Amended Chapter Numbers:

 

44-3-66

77 and 78

 

 

44-3-66. East Providence — Disabled veterans tax exemption classification.

     The city council of the city of East Providence may hereafter, by ordinance, adopt a tax

exemption classification for disabled veterans who have a disability rating of less than one hundred

percent (100%). This exemption shall be transferrable to a surviving spouse but shall terminate

upon remarriage or death of the surviving spouse.


 

 

 

460)

Section

Added Chapter Numbers:

 

44-3-67

19 and 20

 

 

44-3-67. Jamestown - Firefighters tax abatement.

     The town of Jamestown may establish, by ordinance, a program to provide property tax

relief for every member in good standing of the Jamestown emergency medical services and

volunteer fire department. Such tax relief may provide an abatement of up to two thousand dollars

($2,000) in property taxes due or the cash equivalent, if they do not own property, for any fiscal

year. The criteria for providing such tax relief may include, but not be limited to, years of service,

quantity of calls responded to, and number of training hours. This benefit is transferrable to a

surviving spouse until remarriage or death.


 

 

461)

Section

Added Chapter Numbers:

 

44-5-8.6

39 and 40

 

 

44-5-8.6. East Providence - Tax amnesty periods - Real property tax payments.

     (a) Notwithstanding any other provision in this chapter to the contrary, the city of East

Providence may, by ordinance duly enacted, authorize two (2), separate sixty-day (60) periods, one

period during fiscal year 2023 and the second period during fiscal year 2024 during which a waiver

of interest and penalties in an amount not to exceed ten thousand dollars ($10,000) on overdue real

property tax payments may be made if the request for a waiver of interest and penalties is in writing,

signed, and dated by the taxpayer and submitted within the two (2) sixty-day (60) waiver periods.

     (b) Decisions of the tax assessor shall be in writing and contain a notice to the city council.

If the taxpayer receives an adverse decision from the tax assessor, the taxpayer shall pay the interest

and penalties and may file a claim for reimbursement with the city council within ten (10) days of

the decision.

     (c) Any request for a waiver of taxes and penalties that meets criteria established by this

section pursuant to a duly-enacted ordinance may be granted by the city.

     (d) Waivers of interest and penalties shall not be granted for any taxes contained in the

2023 tax bill.


 

 

462)

Section

Added Chapter Numbers:

 

44-5-8.7

298 and 299

 

 

44-5-8.7. East Providence - Tax amnesty periods - Tangible and motor vehicle

taxes.

     (a) Notwithstanding any other provision in this chapter to the contrary, the city of East

Providence may, by ordinance duly enacted, authorize two (2), separate sixty-day (60) periods, one

period during fiscal year 2023 and the second period during fiscal year 2024, during which a waiver

of interest and penalties on overdue tangible tax payments and motor vehicle tax payments may be

made if the request for a waiver of interest and penalties is in writing, signed, and dated by the

taxpayer, and submitted within the two (2) sixty-day (60) waiver periods.

     (b) Decisions of the tax assessor shall be in writing and contain a notice to the city council.

If the taxpayer receives an adverse decision from the tax assessor, the taxpayer shall pay the interest

and penalties and may file a claim for reimbursement with the city council within ten (10) days of

the decision.

     (c) Any request for a waiver of taxes and penalties that meets criteria established by this

section pursuant to a duly-enacted ordinance may be granted by the city.

     (d) Waivers of interest and penalties shall not be granted for any taxes contained in the

2023 tax bill.


 

 

 

463)

Section

Amended Chapter Numbers:

 

44-5-11.6

363 and 364

 

 

44-5-11.6. Assessment of valuations — Apportionment of levies.

     (a) Notwithstanding the provisions of § 44-5-11 [repealed], beginning on December 31,

2000, the assessors in the several towns and cities shall conduct an update as defined in this section

or shall assess all valuations and apportion the levy of all taxes legally ordered under the rules and

regulations, not repugnant to law, as the town meetings and city councils, respectively, shall, from

time to time, prescribe; provided, that the update or valuation is performed in accordance with the

following schedules:

     (1)(i) For a transition period, for cities and towns that conducted or implemented a

revaluation as of 1993 or in years later:

       Update Revaluation

     Lincoln 2000 2003

     South Kingstown 2000 2003

     Smithfield 2000 2003

     West Warwick 2000 2003

     Johnston 2000 2003

     Burrillville 2000 2003

     North Smithfield 2000 2003

     Central Falls 2000 2003

     North Kingstown 2000 2003

     Jamestown 2000 2003

     North Providence 2001 2004

     Cumberland 2001 2004

     Bristol 2004 2001

     Charlestown 2001 2004

     East Greenwich 2002 2005

     Cranston 2002 2005

     Barrington 2002 2005

     Warwick 2003 2006

     Warren 2003 2006

     East Providence 2003 2006

     (ii) Provided that the reevaluation period for the town of New Shoreham shall be extended

to 2003 and the update for the town of Hopkinton may be extended to 2007 with no additional

reimbursements by the state relating to the delay.

     (iii) The implementation date for this schedule is December 31, of the stated year.

     (iv) Those cities and towns not listed in this schedule shall continue the revaluation

schedule pursuant to § 44-5-11 [repealed].

     (2)(i) For the post-transition period and in years thereafter:

       Update #1 Update #2 Revaluation

     Woonsocket 2002 2005 2008

     Pawtucket 2002 2005 2008

     Portsmouth 2001 2004 2007

     Coventry 2001 2004 2007

     Providence 2003 2006 2009

     Foster 2002 2005 2008

     Middletown 2002 2005 2008

     Little Compton 2003 2006 2009

     Scituate 2003 2006 2009

     Westerly 2003 2006 2009

     West Greenwich 2004 2007 2010

     Glocester 2004 2007 2010

     Richmond 2004 2007 2010

     Bristol 2004 2007 2010

     Tiverton 2005 2008 2011

     Newport 2005 2008 2011

     New Shoreham 2006 2009 2012

     Narragansett 2005 2008 2011

     Exeter 2005 2008 2011

     Hopkinton 2007 2010 2013

     Lincoln 2006 2009 2012

     South Kingstown 2006 2009 2012

     Smithfield 2006 2009 2012

     West Warwick 2006 2009 2012

     Johnston 2006 2009 2012

     Burrillville 2006 2009 2012

     North Smithfield 2006 2009 2012

     Central Falls 2006 2009 2012

     North Kingstown 2006 2009 2012

     Jamestown 2006 2009 2012

     North Providence 2007 2010 2013

     Cumberland 2007 2010 2013

     Charlestown 2007 2010 2013

     East Greenwich 2008 2011 2014

     Cranston 2008 2011 2014

     Barrington 2008 2010 2014

     Warwick 2009 2012 2015

     Warren 2009 2012 2016

     East Providence 2009 2012 2015

     (ii) The implementation date for the schedule is December 31 of the stated year. Upon the

completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018; and, that for the city of Woonsocket, the time of the first statistical update following the 2017

revaluation shall be extended from 2020 to 2021, and the statistical update shall be based on the

valuations as of December 31, 2021; and, that for the city of Warwick, the time for the second

statistical update following the 2015 revaluation shall be extended from 2021 to 2022 and said

statistical update shall be based on valuations as of December 31, 2022; and, that for the town of

Johnston, the time of the revaluation following the 2012 revaluation shall be extended from 2022

to 2023, and the statistical update shall be based on the valuations as of December 31, 2022; and,

that for the town of West Greenwich, the time for a first statistical update following the 2019

revaluation shall be extended from 2022 to 2023 and said statistical update shall be based on

valuations as of December 31, 2023; and, that for the town of New Shoreham, the full evaluation

nine (9) years following the 2012 revaluation based on the valuations of December 31, 2021, shall

be extended to December 31, 2022, and be based on valuations as of December 31, 2022. Provided

that for the city of East Providence, the revaluation period as of the December 31, 2021, assessment

date shall be extended to the December 31, 2022, assessment date, with no additional

reimbursements by the state relating to the delay. Provided, that for the city of Woonsocket, the

time of the second statistical update following the 2017 revaluation shall be extended from 2023 to

2024, and the statistical update shall be based on the valuations as of December 31, 2024; and

provided, further, that for the city of Woonsocket, the full revaluation nine (9) years following the

2017 revaluation based on the valuations of December 31, 2026, shall be extended to December

31, 2027, and be based on valuations as of December 31, 2027, and the first statistical update shall

be based upon the valuations as of December 31, 2030, and the second statistical update shall be

based upon the valuations as of December 31, 2033.

     (iii) Cities and towns shall not change the assessment of any property based on the purchase

price of the property after a transfer occurs except in accordance with a townwide or citywide

revaluation or update schedule; provided that, this prohibition shall not apply to completed new

real estate construction.

     (b) No later than February 1, 1998, the director of the department of revenue shall

promulgate rules and regulations consistent with the provisions of this section to define the

requirements for the updates that shall include, but not be limited to:

     (1) An analysis of sales;

     (2) A rebuilding of land value tables;

     (3) A rebuilding of cost tables of all improvement items; and

     (4) A rebuilding of depreciation schedules. Upon completion of an update, each city or

town shall provide for a hearing and/or appeal process for any aggrieved person to address any

issue that arose during the update.

     (c) The costs incurred by the towns and cities for the first update shall be borne by the state

in an amount not to exceed twenty dollars ($20.00) per parcel. The costs incurred by the towns and

cities for the second update shall be borne eighty percent (80%) by the state (in an amount not to

exceed sixteen dollars ($16.00) per parcel) and twenty percent (20%) by the town or city, and in

the third update and thereafter, the state shall pay sixty percent (60%) of the update (not to exceed

twelve dollars ($12.00) per parcel) and the town or city shall pay forty percent (40%); provided,

that for the second update and in all updates thereafter, that the costs incurred by any city or town

that is determined to be a distressed community pursuant to § 45-13-12 shall be borne eighty percent

(80%) by the state and twenty percent (20%) by the city or town for all updates required by this

section.

     (d) The office of municipal affairs, after consultation with the League of Cities and Towns

and the Rhode Island Assessors’ Association, shall recommend adjustments to the costs formula

described in subsection (c) of this section based upon existing market conditions.

     (e) Any property that is either exempt from the local property tax pursuant to § 44-3-3 or

pays a city or town an amount in lieu of taxes is not required to have its values updated pursuant to

this section and the property is not eligible for the reimbursement provisions of subsection (c) of

this section. However, those properties that are exempt from taxation and are eligible for state

appropriations in lieu of property tax under the provisions of § 45-13-5.1 are eligible for state

reimbursement pursuant to subsection (c) of this section, provided, that these properties were

revalued as part of that city or town’s most recent property revaluation.

     (f) No city or town is required to conduct an update pursuant to this section unless the state

has appropriated sufficient funds to cover the state’s costs as identified in subsection (c) of this

section.

     (g) Any city or town that fails to conduct an update or revaluation as required by this

section, or requests and receives an extension of the dates specified in this section, shall receive the

same amount of state aid under §§ 45-13-1, 45-13-5.1, and 45-13-12 in the budget year for which

the new values were to apply as the city or town received in state aid in the previous budget year;

provided, however, if the new year’s entitlement is lower than the prior year’s entitlement, the

lower amount applies, except for the town of New Shoreham for the fiscal year 2003.

     (h) Any bill or resolution to extend the dates for a city or town to conduct an update or

revaluation must be approved by a two-thirds (⅔) majority of both houses of the general assembly.


 

 

 

464)

Section

Amended Chapter Numbers:

 

44-5-11.8

35 and 36

 

 

44-5-11.8. Tax classification.

     (a) Upon the completion of any comprehensive revaluation or any update, in accordance

with § 44-5-11.6, any city or town may adopt a tax classification plan, by ordinance, with the

following limitations:

     (1) The designated classes of property shall be limited to the classes as defined in

subsection (b) of this section.

     (2) The effective tax rate applicable to any class, excluding class 4, shall not exceed by

fifty percent (50%) the rate applicable to any other class, except in the city of Providence and the

town of Glocester and the town of East Greenwich; however, in the year following a revaluation or

statistical revaluation or update, the city or town council of any municipality may, by ordinance,

adopt tax rates for the property class for all ratable tangible personal property no greater than twice

the rate applicable to any other class, provided that the municipality documents to, and receives

written approval from, the office of municipal affairs that the rate difference is necessary to ensure

that the estimated tax levy on the property class for all ratable tangible personal property is not

reduced from the prior year as a result of the revaluation or statistical revaluation.

     (3) Any tax rate changes from one year to the next shall be applied such that the same

percentage rate change is applicable to all classes, excluding class 4, except in the city of

Providence and the town of Glocester and the town of East Greenwich.

     (4) Notwithstanding subsections (a)(2) and (a)(3) of this section, the tax rates applicable to

wholesale and retail inventory within Class 3 as defined in subsection (b) of this section are

governed by § 44-3-29.1.

     (5) The tax rates applicable to motor vehicles within Class 4, as defined in subsection (b)

of this section, are governed by § 44-34.1-1.

     (6) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure

apply to the reporting of, and compliance with, these classification restrictions.

     (b) Classes of property.

     (1) Class 1: Residential real estate consisting of no more than five (5) dwelling units; land

classified as open space; and dwellings on leased land including mobile homes. In the city of

Providence, this class may also include residential properties containing partial commercial or

business uses and residential real estate of more than five (5) dwelling units.

     (i) A homestead exemption provision is also authorized within this class; provided

however, that the actual, effective rate applicable to property qualifying for this exemption shall be

construed as the standard rate for this class against which the maximum rate applicable to another

class shall be determined, except in the town of Glocester and the city of Providence.

     (ii) In lieu of a homestead exemption, any city or town may divide this class into non-

owner and owner-occupied property and adopt separate tax rates in compliance with the within tax

rate restrictions.

     (2) Class 2: Commercial and industrial real estate; residential properties containing partial

commercial or business uses; and residential real estate of more than five (5) dwelling units. In the

city of Providence, properties containing partial commercial or business uses and residential real

estate of more than five (5) dwelling units may be included in Class 1.

     (3) Class 3: All ratable, tangible personal property.

     (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of

this title.

     (c) The city council of the city of Providence and the town council of the town of Glocester

and the town council of the town of East Greenwich may, by ordinance, provide for, and adopt, a

tax rate on various classes as they shall deem appropriate. Provided, that the tax rate for Class 2

shall not be more than two (2) times the tax rate of Class 1 and the tax rate applicable to Class 3

shall not exceed the tax rate of Class 1 by more than two hundred percent (200%). Glocester shall

be able to establish homestead exemptions up to fifty percent (50%) of value and the calculation

provided in subsection (b)(1)(i) shall not be used in setting the differential tax rates.

     (d) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with

the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or

after the assessment date of December 31, 2002.

     (e) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Little Compton may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section and the provisions of § 44-5-79, to be

applicable to taxes assessed on or after the assessment date of December 31, 2004.

     (f) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Scituate may hereafter, by ordinance, change its tax assessment from fifty percent (50%)

of value to one hundred percent (100%) of value on residential and commercial/industrial/mixed-

use property, while tangible property is assessed at one hundred percent (100%) of cost, less

depreciation; provided, however, the tax rate for Class 3 (tangible) property shall not exceed the

tax rate for Class 1 (residential) property by more than two hundred thirteen percent (213%). This

provision shall apply whether or not the fiscal year is also a revaluation year.

     (g) Notwithstanding the provisions of subsections (a) and (b) of this section, the town

council of the town of Coventry may hereafter, by ordinance, adopt a tax classification plan

providing that Class 1, as set forth in subsection (b) “Classes of Property” of this section, may also

include residential properties containing commercial or business uses, such ordinance to be

applicable to taxes assessed on or after the assessment date of December 31, 2014.

     (h) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of East Greenwich may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on

or after the assessment date of December 31, 2018. Further, the East Greenwich town council may

adopt, repeal, or modify that tax classification plan for any tax year thereafter, notwithstanding the

provisions of subsection (a) of this section.

     (i) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with

the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or

after the assessment date of December 31, 2022.

     (j) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of New Shoreham may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on

or after the assessment date of December 31, 2023.


 

 

465)

Section

Amended Chapter Numbers:

 

44-5-11.8

187 and 255

 

 

44-5-11.8. Tax classification.

     (a) Upon the completion of any comprehensive revaluation or any update, in accordance

with § 44-5-11.6, any city or town may adopt a tax classification plan, by ordinance, with the

following limitations:

     (1) The designated classes of property shall be limited to the classes as defined in

subsection (b) of this section.

     (2) The effective tax rate applicable to any class, excluding class 4, shall not exceed by

fifty percent (50%) the rate applicable to any other class, except in the city of Providence and the

town of Glocester and the town of East Greenwich; however, in the year following a revaluation or

statistical revaluation or update, the city or town council of any municipality may, by ordinance,

adopt tax rates for the property class for all ratable tangible personal property no greater than twice

the rate applicable to any other class, provided that the municipality documents to, and receives

written approval from, the office of municipal affairs that the rate difference is necessary to ensure

that the estimated tax levy on the property class for all ratable tangible personal property is not

reduced from the prior year as a result of the revaluation or statistical revaluation.

     (3) Any tax rate changes from one year to the next shall be applied such that the same

percentage rate change is applicable to all classes, excluding class 4, except in the city of

Providence and the town of Glocester and the town of East Greenwich.

     (4) Notwithstanding subsections (a)(2) and (a)(3) of this section, the tax rates applicable to

wholesale and retail inventory within Class 3 as defined in subsection (b) of this section are

governed by § 44-3-29.1.

     (5) The tax rates applicable to motor vehicles within Class 4, as defined in subsection (b)

of this section, are governed by § 44-34.1-1.

     (6) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure

apply to the reporting of, and compliance with, these classification restrictions.

     (b) Classes of property.

     (1) Class 1: Residential real estate consisting of no more than five (5) dwelling units; land

classified as open space; and dwellings on leased land including mobile homes. In the city of

Providence, this class may also include residential properties containing partial commercial or

business uses and residential real estate of more than five (5) dwelling units.

     (i) A homestead exemption provision is also authorized within this class; provided

however, that the actual, effective rate applicable to property qualifying for this exemption shall be

construed as the standard rate for this class against which the maximum rate applicable to another

class shall be determined, except in the town of Glocester and the city of Providence.

     (ii) In lieu of a homestead exemption, any city or town may divide this class into non-

owner and owner-occupied property and adopt separate tax rates in compliance with the within tax

rate restrictions.

     (2) Class 2: Commercial and industrial real estate; residential properties containing partial

commercial or business uses; and residential real estate of more than five (5) dwelling units. In the

city of Providence, properties containing partial commercial or business uses and residential real

estate of more than five (5) dwelling units may be included in Class 1.

     (3) Class 3: All ratable, tangible personal property.

     (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of

this title.

     (c) The city council of the city of Providence and the town council of the town of Glocester

and the town council of the town of East Greenwich may, by ordinance, provide for, and adopt, a

tax rate on various classes as they shall deem appropriate. Provided, that the tax rate for Class 2

shall not be more than two (2) times the tax rate of Class 1 and the tax rate applicable to Class 3

shall not exceed the tax rate of Class 1 by more than two hundred percent (200%). Glocester shall

be able to establish homestead exemptions up to fifty percent (50%) of value and the calculation

provided in subsection (b)(1)(i) shall not be used in setting the differential tax rates.

     (d) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with

the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or

after the assessment date of December 31, 2002.

     (e) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Little Compton may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section and the provisions of § 44-5-79, to be

applicable to taxes assessed on or after the assessment date of December 31, 2004.

     (f) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Scituate may hereafter, by ordinance, change its tax assessment from fifty percent (50%)

of value to one hundred percent (100%) of value on residential and commercial/industrial/mixed-

use property, while tangible property is assessed at one hundred percent (100%) of cost, less

depreciation; provided, however, the tax rate for Class 3 (tangible) property shall not exceed the

tax rate for Class 1 (residential) property by more than two hundred thirteen percent (213%). This

provision shall apply whether or not the fiscal year is also a revaluation year.

     (g) Notwithstanding the provisions of subsections (a) and (b) of this section, the town

council of the town of Coventry may hereafter, by ordinance, adopt a tax classification plan

providing that Class 1, as set forth in subsection (b) “Classes of Property” of this section, may also

include residential properties containing commercial or business uses, such ordinance to be

applicable to taxes assessed on or after the assessment date of December 31, 2014.

     (h) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of East Greenwich may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on

or after the assessment date of December 31, 2018. Further, the East Greenwich town council may

adopt, repeal, or modify that tax classification plan for any tax year thereafter, notwithstanding the

provisions of subsection (a) of this section.

     (i) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with

the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or

after the assessment date of December 31, 2022.

     (j) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Bristol may hereafter, by ordinance, adopt a tax classification plan in accordance with the

provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or after

the assessment date of December 31, 2023. Further, the Bristol town council may adopt, repeal, or

modify that tax classification plan for any tax year thereafter, notwithstanding the provisions of

subsection (a) of this section.

 


466)

Section

Amended Chapter Numbers:

 

44-5-11.10

13 and 14

 

 

44-5-11.10. Real estate tax classification — East Providence.

     Notwithstanding any provision within § 44-5-11.8 to the contrary:

     (a) Upon the completion of any comprehensive revaluation in accordance with § 44-5-11.6,

the city of East Providence may adopt a tax classification plan by ordinance with the following

limitations:

     (1) The designated classes of property shall be limited to the four (4) classes as defined in

subsection (b).

     (2) The tax rate applicable to any class Class 2 shall not exceed by two hundred percent

(200%) the rate applicable to any other class Class 1.

     (3) Any tax rate changes from one year to the next shall be applied such that the same

percentage rate change is applicable to all classes Beginning with the assessment date of December

31, 2022, and except in any year in which a comprehensive or statistical revaluation is completed,

any tax rate change from one year to the next shall be applied such that the same percentage change

is applicable to all classes.

     (4) Notwithstanding subdivisions (a)(2) and (a)(3), the tax rates applicable to wholesale

and retail inventory within Class 3 as defined in subsection (b) are governed by § 44-3-29.1.

     (5) Notwithstanding subdivisions (a)(2) and (a)(3), the tax rates applicable to motor

vehicles within Class 4 as defined in subsection (b) are governed by § 44-34.1-1.

     (6) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure

applies apply to the reporting of and compliance with these classification restrictions.

     (b) Classes of Property.

     (1) Class 1: Residential real estate consisting of no more than three (3) dwelling units, land

classified as open space, and dwellings on leased land including mobile homes. A homestead

exemption provision is also authorized within this class; provided, however, that the actual effective

rate applicable to property qualifying for this exemption shall be construed as the standard rate for

this class against which the maximum rate applicable to another class shall be determined.

     (2) Class 2: Commercial and industrial real estate, residential properties containing partial

commercial or business uses and residential real estate of more than three (3) dwelling units.

     (3) Class 3: All ratable tangible personal property; excluding wholesale and retail

inventory, which shall be taxed in accordance with § 44-3-29.1.

     (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of

this title.


 

 

467)

Section

Amended Chapter Numbers:

 

44-5-67.2

43 and 44

 

 

44-5-67.2. Warwick — Property tax classification — Duties of assessor.

     The assessor of the city of Warwick, on or before June 15 of each year, shall make a full

and fair cash valuation of all the estate, real and personal, including motor vehicles and trailers,

subject to taxation, and determine the assessed valuation of each property class. The assessor has

the authority to apply different rates of taxation to each class and to determine the tax due and

payable on the property; provided, that the rates are pursuant to an annual tax resolution approved

in the same manner as is provided for budget approval in the city charter; provided, further, that

the rate of taxation is uniform within each class; and provided, further, that for each year, Class 1

property tax rates shall not be less than seventy-five percent (75%) fifty-seven percent (57%) of

class two (2) Class 2 property tax rates.


 

 

 

 

468)

Section

Repealed Chapter Numbers:

 

44-5-68

55 and 56

 

 

44-5-68. [Repealed]


 

 

469)

Section

Amended Chapter Numbers:

 

44-5-76.2

119 and 120

 

 

44-5-76.2. Newport — Property tax classification.

     (a) The assessor of the city of Newport, on or before June 1 of each year, shall make a full

and fair cash valuation of all the estate, real and personal, including motor vehicles and trailers,

subject to taxation and determine the assessed valuation of each property class.

     (b) The designated classes of property shall be limited to the four (4) classes as defined in

§ 44-5-76.1.

     (c) The effective tax rate applicable to any class shall not exceed by fifty percent (50%) the

rate applicable to any other class.

     (d) Any tax rate changes from one year to the next shall be applied so that the same

percentage rate change is applicable to all classes. Notwithstanding the aforesaid sentence, in the

first year following comprehensive revaluation or any update in accordance with § 44-5-11.6, the

city is authorized to set the effective tax rate applicable to any class in an amount not to exceed by

fifty percent (50%) the rate applicable to any other class.

     Except as provided for in § 44-5-76.1 (b), the rate for each class shall be uniform within

each class.

     (e) The tax rates applicable to motor vehicles within class four as defined in § 44-5-76.1

are governed by § 44-34.1-1.

     (f) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure

apply to the reporting of and compliance with these classification restrictions.


 

 

470)

Section

Added Chapter Numbers:

 

44-5-88

348 and 349

 

 

44-5-88. Tax amnesty.

     (a) Notwithstanding any other provision in this chapter to the contrary, any municipality

may, by ordinance, duly enacted, authorize two (2) separate sixty-(60)day (60) periods during fiscal

years 2024 or 2025, during which a waiver of interest and penalties on overdue tangible tax

payments and motor vehicle tax payments may be made if the request for a waiver of interest and

penalties is in writing, signed, and dated by the taxpayer and submitted within the two (2) sixty-

(60)day (60) waiver periods.

     (b) Decisions of the tax assessor or collector shall be in writing and contain a notice to the

city or town council. If the taxpayer receives an adverse decision from the tax assessor or collector,

the taxpayer shall pay the interest and penalties and may file a claim for reimbursement with the

city or town council within ten (10) days of the decision.

     (c) Any request for a waiver of taxes and penalties that meets criteria established by this

section, pursuant to a duly enacted ordinance, may be granted by the city or town.

     (d) Waivers of interest and penalties shall not be granted for any taxes owed for the tax

year during which the amnesty periods are offered.


 

 

 

 

471)

Section

Added Chapter Numbers:

 

44-5.3

79 (Article 4), 327, and 328

 

 

CHAPTER 5.3

STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION


 

 

472)

Section

Added Chapter Numbers:

 

44-5.3-1

79 (Article 4), 327, and 328

 

 

44-5.3-1. Municipal tangible property tax exemption.

     (a) Notwithstanding the provisions of chapter 5 of this title or any other provisions of law

to the contrary, in an effort to provide relief for businesses, including small businesses, and to

promote economic development, a city, town, or fire district shall provide each tangible property

taxpayer on the aggregate amount of all ratable, tangible personal property not otherwise exempt

from taxation an exemption from taxation of fifty thousand dollars ($50,000) applicable to the

assessment date of December 31, 2023, and for each assessment date thereafter. All ratable,

tangible, personal property valued above fifty thousand dollars ($50,000) remains subject to

taxation.

     (b) Individual personal exemptions granted to tangible property taxpayers in any city, town,

or fire district at the time of the effective date of this chapter shall be applied to assessed values

prior to applying the statewide exemption provided in this section in order that any lost revenue to

be reimbursed pursuant to this chapter for each respective city, town, or fire district shall not include

revenue loss resulting from these individual personal exemptions.

     (c) Exemptions existing and uniformly applied to all tangible property taxpayers in any

city, town, or fire district at the time of the effective date of this chapter shall be disregarded in

order that any lost revenue to be reimbursed pursuant to this chapter for each respective city, town,

or fire district shall include revenue loss resulting from such pre-existing preexisting uniform

exemptions.


 

 

 

473)

Section

Added Chapter Numbers:

 

44-5.3-2

79 (Article 4), 327, and 328

 

 

44-5.3-2. Reimbursement of lost tax revenue.

     (a) Beginning in fiscal year 2025 and for each fiscal year thereafter, cities, towns, and fire

districts shall receive reimbursements, as set forth in this section, from state general revenues for

lost tax revenues due to the reduction of the tangible property tax resulting from the statewide

exemption set forth in § 44-5.3-1.

     (b) Beginning in fiscal year 2025, and for each fiscal year thereafter, cities, towns, and fire

districts shall receive a reimbursement equal to the tangible property levy for the assessment date

of December 31, 2022, minus the tangible personal property levy for the assessment date of

December 31, 2023.

     (c) Reimbursements shall be distributed in full to cities, towns, and fire districts on

September 30, 2024, and every September 30 thereafter; provided, however, that reimbursement

shall not be provided to any city, town, or fire district in any year in which it has failed to provide

to the division of municipal finance its certified tax roll in accordance with § 44-5-22 or any other

information required by the division of municipal finance to calculate the reimbursement amount.


 

 

 

 

474)

Section

Added Chapter Numbers:

 

44-5.3-3

79 (Article 4), 327, and 328

 

 

44-5.3-3. Tangible property tax rate cap.

     (a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of

property that includes tangible personal property for any city, town, or fire district shall be capped

and shall not exceed thereafter the tax rate in effect for the assessment date of December 31, 2022.

     (b) Notwithstanding any other provision of law to the contrary, for assessment dates on and

after December 31, 2023, any city, town, or fire district shall be permitted to tax all other classes

of property, or where no classification has been enacted all other types of property, at a different

tax rate than the tax rate for tangible personal property required by subsection (a) of this section.


 

 

475)

Section

Added Chapter Numbers:

 

44-5.3-4

79 (Article 4), 327, and 328

 

 

44-5.3-4. Removal of certain limitations and requirements.

     For assessment dates on or after December 31, 2023, tangible tax rates shall be disregarded

for purposes of compliance with limitations on the extent to which the effective tax rate of one class

of property may exceed that of another, or requirements that the same percentage rate change be

applied across property classes from one year to the next, under § 44-5-11.8 or any other similar

statutory provision applicable to a city, town, or fire district.


 

 

476)

Section

Added Chapter Numbers:

 

44-5.3-5

79 (Article 4), 327, and 328

 

 

44-5.3-5. Application.

     The statewide exemption set forth in this chapter shall not apply to:

     (1) Public service corporation tangible property subject to taxation pursuant to § 44-13-13;

and

     (2) Renewable energy resources and associated equipment subject to taxation pursuant to

§ 44-5-3(c).


 

 

477)

Section

Added Chapter Numbers:

 

44-20-59

136 and 137

 

 

44-20-59. Exemption of sales of cannabis.

     Notwithstanding any provision of the general or public laws to the contrary, the sale of

cannabis in accordance with:

     (1) Chapter 28.6 of title 21 and chapter 67 of this title; or

     (2) Chapter 28.11 of title 21 and chapter 70 of this title are exempted from the taxes

imposed by this chapter.


 

 

 

 

 

 

478)

Section

Amended Chapter Numbers:

 

44-31.3-2

239 and 240

 

 

44-31.3-2. Musical and theatrical production tax credits.

     (a) Definitions. As used in this chapter:

     (1) “Accredited theater production” means a for-profit live stage presentation in a qualified

production facility, as defined in this chapter that is either: (i) A pre-Broadway production, or (ii)

A post-Broadway production, or (iii) A national touring production.

     (2) “Accredited theater production certificate” means a certificate issued by the film office

certifying that the production is an accredited theater production that meets the guidelines of this

chapter.

     (3) “Advertising and public relations expenditure” means costs incurred within the state by

the accredited theater productions for goods or services related to the national marketing, public

relations, creation and placement of print, electronic, television, billboards and other forms of

advertising to promote the accredited theater production.

     (4) "National touring production" means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility and opens its U.S. tour in Rhode

Island with a minimum of at least four (4) public performances and following the production's final

performance in Rhode Island, the national touring production must perform for at least four (4)

weeks in at least four (4) cities outside of Rhode Island.

     (4)(5) “Payroll” means all salaries, wages, fees, and other compensation including related

benefits for services performed and costs incurred within Rhode Island.

     (5)(6) “Pre-Broadway production” means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility having a presentation scheduled

for Broadway’s theater district in New York City within thirty-six (36) months after its Rhode

Island presentation.

     (6)(7) “Post-Broadway production” means a live stage production that, in its original or

adaptive version, is performed in a qualified production facility and opens its U.S. tour in Rhode

Island after a presentation scheduled for Broadway’s theater district in New York City.

     (7)(8) “Production and performance expenditures” means a contemporaneous exchange of

cash or cash equivalent for goods or services related to development, production, performance, or

operating expenditures incurred in this state for a qualified theater production including, but not

limited to, expenditures for design, construction and operation, including sets, special and visual

effects, costumes, wardrobes, make-up, accessories; costs associated with sound, lighting, staging,

payroll, transportation expenditures, advertising and public relations expenditures, facility

expenses, rentals, per diems, accommodations and other related costs.

     (8)(9) “Qualified production facility” means a facility located in the state of Rhode Island

in which live theatrical productions are, or are intended to be, exclusively presented that contains

at least one stage, a seating capacity of one thousand (1,000) or more seats, and dressing rooms,

storage areas, and other ancillary amenities necessary for the accredited theater production.

     (9)(10) “Resident” or “Rhode Island resident” means, for the purpose of determination of

eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the state

of Rhode Island or who is not domiciled in this state but maintains a permanent place of abode in

this state and is in this state for an aggregate of more than one hundred eighty-three (183) days of

the taxable year, unless the individual is in the armed forces of the United States.

     (10)(11) “Rhode Island film and television office” means the office within the department

of administration that has been established in order to promote and encourage the locating of film

and television productions within the state of Rhode Island. The office is also referred to as the

“film office.”

     (11)(12)(i) “Transportation expenditures” means expenditures for the packaging, crating,

and transportation both to the state for use in a qualified theater production of sets, costumes, or

other tangible property constructed or manufactured out of state, and/or from the state after use in

a qualified theater production of sets, costumes, or other tangible property constructed or

manufactured in this state and the transportation of the cast and crew to and from the state. Such

term shall include the packaging, crating, and transporting of property and equipment used for

special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up, and related

accessories and materials, as well as any other performance or production-related property and

equipment.

     (ii) Transportation expenditures shall not include any costs to transport property and

equipment to be used only for filming and not in a qualified theater production, any indirect costs,

and expenditures that are later reimbursed by a third party; or any amounts that are paid to persons

or entities as a result of their participation in profits from the exploitation of the production.

     (b) Tax credit.

     (1) Any person, firm, partnership, trust, estate, or other entity that receives an accredited

theater production certificate shall be allowed a tax credit equal to thirty percent (30%) of the total

production and performance expenditures and transportation expenditures for the accredited theater

production and to be computed as provided in this chapter against a tax imposed by chapters 11,

12, 13, 14, 17, and 30 of this title. Said credit shall not exceed five million dollars ($5,000,000) and

shall be limited to certified production costs directly attributable to activities in the state and

transportation expenditures defined above. The total production budget shall be a minimum of one

hundred thousand dollars ($100,000).

     (2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and theatrical

production tax credits pursuant to this chapter. Said credits shall be equally available to motion

picture productions and musical and theatrical productions. No specific amount shall be set aside

for either type of production.

     (3) The tax credit shall be allowed against the tax for the taxable period in which the credit

is earned and can be carried forward for not more than three (3) succeeding tax years.

     (4) Credits allowed to a company that is a subchapter S corporation, partnership, or a

limited-liability company that is taxed as a partnership, shall be passed through respectively to

persons designated as partners, members, or owners on a pro rata basis or pursuant to an executed

agreement among such persons designated as subchapter S corporation shareholders, partners, or

members documenting an alternate distribution method without regard to their sharing of other tax

or economic attributes of such entity.

     (5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for

the tax credits may assign, transfer, or convey the tax credits, in whole or in part, by sale or

otherwise, to any individual or entity and the assignee of the tax credits that has not claimed the tax

credits in whole or part may assign, transfer, or convey the tax credits, in whole or in part, by sale

or otherwise, to any individual or entity. The assignee of the tax credits may use acquired credits

to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to

chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this title. The

assignee may apply the tax credit against taxes imposed on the assignee for not more than three (3)

succeeding tax years. The assignor shall perfect the transfer by notifying the state of Rhode Island

division of taxation, in writing, within thirty (30) calendar days following the effective date of the

transfer and shall provide any information as may be required by the division of taxation to

administer and carry out the provisions of this section.

     (6) For purposes of this chapter, any assignment or sales proceeds received by the assignor

for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from

this title.

     (7) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

     (c) Certification and administration.

     (1) The applicant shall properly prepare, sign, and submit to the film office an application

for initial certification of the theater production. The application shall include the information and

data as the film office deems reasonably necessary for the proper evaluation and administration of

the application, including, but not limited to, any information about the theater production company

and a specific Rhode Island live theater or musical production. The film office shall review the

completed application and determine whether it meets the requisite criteria and qualifications for

the initial certification for the production. If the initial certification is granted, the film office shall

issue a notice of initial certification of the accredited theater production to the theater production

company and to the tax administrator. The notice shall state that, after appropriate review, the initial

application meets the appropriate criteria for conditional eligibility. The notice of initial

certification will provide a unique identification number for the production and is only a statement

of conditional eligibility for the production and, as such, does not grant or convey any Rhode Island

tax benefits.

     (2) Upon completion of an accredited theater production, the applicant shall properly

prepare, sign, and submit to the film office an application for final certification of the accredited

theater production. The final application shall also contain a cost report and an “accountant’s

certification.” The film office and tax administrator may rely without independent investigation,

upon the accountant’s certification, in the form of an opinion, confirming the accuracy of the

information included in the cost report. Upon review of a duly completed and filed application and

upon no later than thirty (30) days of submission thereof, the division of taxation will make a

determination pertaining to the final certification of the accredited theater production and the

resultant tax credits.

     (3) Upon determination that the company qualifies for final certification and the resultant

tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An

accredited theater production certificate; and (ii) A tax credit certificate in an amount in accordance

with subsection (b) of this section. A musical and theatrical production company is prohibited from

using state funds, state loans, or state guaranteed loans to qualify for the motion picture tax credit.

All documents that are issued by the film office pursuant to this section shall reference the

identification number that was issued to the production as part of its initial certification.

     (4) The director of the department of administration, in consultation as needed with the tax

administrator, shall promulgate rules and regulations as are necessary to carry out the intent and

purposes of this chapter in accordance with the general guidelines provided herein for the

certification of the production and the resultant production credit.

     (5) If information comes to the attention of the film office that is materially inconsistent

with representations made in an application, the film office may deny the requested certification.

In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs

and the tax credits have been transferred, assigned, and/or allocated, the state will pursue its

recapture remedies and rights against the applicant of the theater production tax credits. No redress

shall be sought against assignees, sellers, transferees, or allocates of the credits.

     (d) Information requests.

     (1) The director of the film office, and his or her agents, for the purpose of ascertaining the

correctness of any credit claimed under the provisions of this chapter, may examine any books,

paper, records, or memoranda bearing upon the matters required to be included in the return, report,

or other statement, and may require the attendance of the person executing the return, report, or

other statement, or of any officer or employee of any taxpayer, or the attendance of any other

person, and may examine the person under oath respecting any matter that the director, or his or

her agent, deems pertinent or material in administration and application of this chapter and where

not inconsistent with other legal provisions, the director may request information from the tax

administrator.

     (2) The tax administrator, and his or her agents, for the purpose of ascertaining the

correctness of any credit claimed under the provisions of this chapter, may examine any books,

paper, records, or memoranda bearing upon the matters required to be included in the return, report,

or other statement, and may require the attendance of the person executing the return, report, or

other statement, or of any officer or employee of any taxpayer, or the attendance of any other

person, and may examine the person under oath respecting any matter the tax administrator or his

or her agent deems pertinent or material in determining the eligibility for credits claimed and may

request information from the film office, and the film office shall provide the information in all

cases to the tax administrator.

     (e) The film office shall comply with the impact analysis and periodic reporting provisions

of § 44-31.2-6.1.


 

 

479)

Section

Amended Chapter Numbers:

 

44-31.3-4

239 and 240

 

 

44-31.3-4. Sunset.

     No credits shall be issued on or after July 1, 2024 2027, unless the production has received

initial certification under § 44-31.3-2(c) prior to July 1, 2024 2027.


 

 

480)

Section

Repealed Chapter Numbers:

 

44-34

203 and 204

 

 

44-34. [Repealed]


 

 

481)

Section

Repealed Chapter Numbers:

 

44-34-1

203 and 204

 

 

44-34-1. [Repealed]


 

 

482)

Section

Repealed Chapter Numbers:

 

44-34-2

203 and 204

 

 

44-34-2. [Repealed]


 

 

483)

Section

Repealed Chapter Numbers:

 

44-34-3

203 and 204

 

 

44-34-3. [Repealed]


 

 

484)

Section

Repealed Chapter Numbers:

 

44-34-4

203 and 204

 

 

44-34-4. [Repealed]


 

 

485)

Section

Repealed Chapter Numbers:

 

44-34-4.1

203 and 204

 

 

44-34-4.1. [Repealed]


 

 

486)

Section

Repealed Chapter Numbers:

 

44-34-5

203 and 204

 

 

44-34-5. [Repealed]


 

487)

Section

Repealed Chapter Numbers:

 

44-34-6

203 and 204

 

 

44-34-6. [Repealed]


 

 

 

488)

Section

Repealed Chapter Numbers:

 

44-34-7

203 and 204

 

 

44-34-7. [Repealed]


 

 

 

489)

Section

Repealed Chapter Numbers:

 

44-34-8

203 and 204

 

 

44-34-8. [Repealed]


 

 

 

490)

Section

Repealed Chapter Numbers:

 

44-34-9

203 and 204

 

 

44-34-9. [Repealed]


 

 

491)

Section

Repealed Chapter Numbers:

 

44-34-10

203 and 204

 

 

44-34-10. [Repealed]


 

 

492)

Section

Repealed Chapter Numbers:

 

44-34-11

203 and 204

 

 

44-34-11. [Repealed]


 

 

493)

Section

Repealed Chapter Numbers:

 

44-34-12

203 and 204

 

 

44-34-12. [Repealed]


 

 

494)

Section

Repealed Chapter Numbers:

 

44-34-13

203 and 204

 

 

44-34-13. [Repealed]


 

 

495)

Section

Repealed Chapter Numbers:

 

44-34-14

203 and 204

 

 

44-34-14. [Repealed]


 

 

496)

Section

Repealed Chapter Numbers:

 

44-34.1-1

203 and 204

 

 

44-34.1-1. [Repealed]


 

 

497)

Section

Amended Chapter Numbers:

 

44-34.1-2

203 and 204

 

 

44-34.1-2. City, town and fire district reimbursement.

     (a) In fiscal years 2000 2024 and thereafter, cities, towns, and fire districts shall receive

reimbursements, as set forth in this section, from state general revenues equal to the amount of lost

tax revenue due to the phase out or reduction of the excise tax. Cities, towns, and fire districts shall

receive advance reimbursements through state fiscal year 2002. In the event When the tax is phased

out, cities, towns, and fire districts shall receive a permanent distribution of sales tax revenue

pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax

elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels

for each city, town, and fire district, except that the town of Johnston’s base tax rate must be fixed

at a fiscal year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the base tax rate

may be less than but not more than the rates described in this subsection (a).

     (b)(1) The director of administration shall determine the amount of general revenues to be

distributed to each city, town, and fire district for the fiscal years 1999 and thereafter so that every

city, town, and fire district is held harmless from tax loss resulting from this chapter, assuming that

tax rates are indexed to inflation through fiscal year 2003.

     (2) The director of administration shall index the tax rates for inflation by applying the

annual change in the December Consumer Price Index — All Urban Consumers (CPI-U), published

by the Bureau of Labor Statistics of the United States Department of Labor, to the indexed tax rate

used for the prior fiscal year calculation; provided, that for state reimbursements in fiscal years

2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The

director shall apply the following principles in determining reimbursements:

     (i) Exemptions granted by cities, towns, and fire districts in the fiscal year 1998 must be

applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities, towns, and

fire districts will not be reimbursed for these exemptions.

     (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses

attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates

through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the

difference between the maximum taxable value less personal exemptions and the net assessed

value.

     (iii) Inflation reimbursements shall be the difference between:

     (A) The levy calculated at the tax rate used by each city, town, and fire district for fiscal

year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions

contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston, the tax rate used for fiscal

year 1999 must be used for the calculation; and

     (B) The levy calculated by applying the appropriate cumulative inflation adjustment

through state fiscal 2003 to the tax rate used by each city, town, and fire district for fiscal year

1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used

for the calculation after adjustments for personal exemptions but prior to adjustments for

exemptions contained in § 44-34.1-1.

     (3) For fiscal year 2018 and thereafter, each city, town, and fire district shall tax motor

vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer

excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle

and trailer excise tax calculation methodology refers to the application of specific tax practices and

the order of operations in the determination of the tax levied on any given motor vehicle and/or

trailer.

     (4) Each city, town, and fire district shall report to the department of revenue, as part of the

submission of the certified tax levy pursuant to § 44-5-22, the motor vehicle and trailer excise tax

calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and

thereafter, the department of revenue is authorized to confirm that each city, town, or fire district

has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year 2017

and the department of revenue shall have the final determination as to whether each city, town, or

fire district has in fact complied with this requirement. Should the department of revenue determine

that a city, town, or fire district has failed to cooperate or comply with the requirement in this

section, the city, town, or fire district’s reimbursement for the items noted in subsections (c)(13)(i)

through (c)(13)(iv) of this section shall be withheld until such time as the department of revenue

deems the city, town, or fire district to be in compliance.

     (5) For purposes of reimbursement for the items noted in subsections (c)(13)(i) through

(c)(13)(iv) of this section, the FY 2018 baseline from which the reimbursement amount shall be

calculated is defined as the motor vehicle and trailer excise tax levy that would be generated by

applying the fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the

assessed value of motor vehicles and trailers as of fiscal year 2018. The amount of reimbursement

that each city, town, or fire district receives shall be the difference between the FY 2018 baseline

and the certified motor vehicle and trailer excise tax levy as submitted by each city, town, and fire

district as confirmed by the department of revenue. The department of revenue shall determine the

reimbursement amount for each city, town, and fire district.

     (6) For fiscal year 2020 and thereafter, the department of revenue shall assess the feasibility

of standardizing the motor vehicle and trailer excise tax calculation methodology across all cities,

towns, and fire departments. Based on this assessment, the department of revenue may make

recommendations for changes to the motor vehicle and trailer excise tax calculation methodology.

     Beginning on January 1, 2021, the director of the department of revenue shall file an annual

report for the consideration of the general assembly with the president of the senate, speaker of the

house, chairperson of the senate committee on finance and chairperson of the house committee on

finance, containing recommendations and findings as to the feasibility of the motor vehicle excise

tax phase-out in each year until the phase-out is complete.

     (b)(l) In fiscal year 2024, cities, towns, and fire districts shall receive the

following reimbursement amounts:

     Barrington $5,894,822

     Bristol $2,905,818

     Burrillville $5,053,933

     Central Falls $2,077,974

     Charlestown $1,020,877

     Coventry $5,872,396

     Cranston $22,312,247

     Cumberland $6,073,469

     East Greenwich $2,417,332

     East Providence $11,433,479

     Exeter $2,241,381

     Foster $1,652,251

     Glocester $2,381,941

     Hopkinton $1,629,259

     Jamestown $622,793

     Johnston $10,382,785

     Lincoln $5,683,015

     Little Compton $366,775

     Middletown $1,976,448

     Narragansett $1,831,251

     Newport $2,223,671

     New Shoreham $163,298

     North Kingstown $5,378,818

     North Providence $9,619,286

     North Smithfield $4,398,531

     Pawtucket $16,495,506

     Portsmouth $2,414,242

     Providence $34,131,596

     Richmond $1,448,455

     Scituate $1,977,127

     Smithfield $7,098,694

     South Kingstown $3,930,455

     Tiverton $1,748,175

     Warren $2,090,911

     Warwick $25,246,254

     Westerly $5,765,523

     West Greenwich $1,331,725

     West Warwick $5,673,744

     Woonsocket $9,324,776

     Lime Rock Fire District $133,933

     Lincoln Fire District $208,994

     Manville Fire District $64,862

     Quinnville Fire District $13,483

     (c)(1) Funds (2) In fiscal year 2024, funds shall be distributed to the cities, towns, and fire

districts as follows:

     (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty-

five percent (25%) of the amount calculated by the director of administration to be the difference

for the upcoming fiscal year.

     (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the upcoming fiscal year.

     (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent

(50%) of the amount calculated by the director of administration to be the difference for the

upcoming fiscal year.

     (iv)(i) On August 1, 2002, and each August 1 thereafter August 1, 2023, twenty-five

percent (25%) of the amount calculated by the director of administration to be the difference for

the current fiscal year funds.

     (v)(ii) On November 1, 2002, and each November 1 thereafter November 1, 2023, twenty-

five percent (25%) of the amount calculated by the director of administration to be the difference

for the current fiscal year funds.

     (vi)(iii) On February 1, 2003, and each February 1 thereafter February 1, 2024, twenty-five

percent (25%) of the amount calculated by the director of administration to be the difference for

the current fiscal year funds.

     (vii)(iv) On May 1, 2003, and each May 1 thereafter, except May 1, 2010 May 1, 2024,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the current fiscal year funds.

     The funds shall be distributed to each city, town, and fire district in the same proportion as

distributed in fiscal year 2023.

     (viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the director

of administration to be the difference for the current fiscal year.

     Provided, however, the February and May payments, and June payment in 2010, shall be

subject to submission of final certified and reconciled motor vehicle levy information.

     (2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle

levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the

previous fiscal year shall be included or deducted from the payment due November 1.

     (3) For the city of East Providence, the payment schedule is twenty-five percent (25%) on

November 1, 2023, twenty-five percent (25%) on February 1, 2024, twenty-five percent (25%) on

May 1, 2024, and twenty-five percent (25%) on August 1, 2024.

     (3)(4) On any of the payment dates specified in paragraphs (1)(i) through (vii) (b)(2)(i)

through (b)(2)(iv) or (b)(3) of this subsection, the director of revenue is authorized to deduct

previously made over-payments or add supplemental payments as may be required to bring the

reimbursements into full compliance with the requirements of this chapter.

     (4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on

February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent

(25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which includes final

reconciliation of the previous year’s payment, and fifty percent (50%) on October 20, 1999, and

each October 20 thereafter through October 20, 2002. For local fiscal years 2003 and thereafter,

the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%)

on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation

of the previous year’s payment, and twenty-five percent (25%) on each August 1; provided, the

May and August payments shall be subject to submission of final certified and reconciled motor

vehicle levy information.

     (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for

the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-

out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities, towns,

and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) on the

following November 1, twenty-five percent (25%) on the following February 1, and twenty-five

percent (25%) on the following May 1. The funds shall be distributed to each city, town, and fire

district in the same proportion as distributed in the fiscal year of the phase-out.

     (6)(c) When the tax is phased out to August 1, of the following fiscal year the director of

revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of

sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to

the amount of funds distributed to the cities, towns, and fire districts under this chapter during the

fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year

following the phase-out received by each city, town, and fire district, calculated to the nearest one-

hundredth of one percent (0.01%). The director of the department of revenue shall transmit those

calculations to the governor, the speaker of the house, the president of the senate, the chairperson

of the house finance committee, the chairperson of the senate finance committee, the house fiscal

advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for

the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to

the cities, towns, and fire districts under this chapter for the second fiscal year following the phase-

out and each year thereafter. The cities, towns, and fire districts shall receive that amount of sales

tax in the proportions calculated by the director of revenue as that received in the fiscal year

following the phase-out.

     (7)(d) When the tax is phased out, In fiscal years 2025 and thereafter, twenty-five percent

(25%) of the funds shall be distributed to the cities, towns, and fire districts on August 1 of the

following fiscal year, August 1, 2024, and every August 1 thereafter; twenty-five percent (25%)

shall be distributed on the following November 1, November 1, 2024, and every November 1

thereafter; twenty-five percent (25%) shall be distributed on the following February 1, February 1,

2025, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the

following May 1, May 1, 2025, and every May 1 thereafter.

     (8)(e) For the city of East Providence, in the event the tax is phased out fiscal years 2025

and thereafter, twenty-five percent (25%) shall be distributed on November 1 of the following fiscal

year November 1, 2024, and every November 1 thereafter, twenty-five percent (25%) shall be

distributed on the following February 1, February 1, 2025, and every February 1 thereafter; twenty-

five percent (25%) shall be distributed on the following May 1, May 1, 2025, and every May 1

thereafter; and twenty-five percent (25%) of the funds shall be distributed on the following August

1, August 1, 2025, and every August 1 thereafter.

     (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is

eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall

be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply

to the year 2001 tax roll and thereafter.

     (10) For reimbursements payable in the year ending June 30, 2008, and thereafter, the

director of administration shall discount the calculated value of the exemption to ninety-eight

percent (98%) in order to establish a collection rate that is comparable to the collection rate

achieved by municipalities in the levy of the motor vehicle excise tax.

     (11) For reimbursements payable in the year ending June 30, 2010, the director of

administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements

payable pursuant to subsection (c)(10) above.

     (12) For fiscal year 2011 through to June 30, 2017, the state shall reimburse cities and

towns, for the exemption pursuant to subsection (c)(10) above, ratably reduced to the appropriation.

     (13) For fiscal year 2018 and thereafter, each city, town, and fire district shall receive a

reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the

reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting from

changes in:

     (i) The assessment percentage set forth in § 44-34-11(c)(1)(iii);

     (ii) The excise tax rate set forth in § 44-34.1-1(c)(5);

     (iii) Exemptions set forth in § 44-34.1-1(c)(1); and

     (iv) Exemptions for vehicles more than fifteen (15) years old as set forth in § 44-34-2.

     (14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal year

2018, which do not conform with the requirements of this act, the city, town, or fire district shall

ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to conform to

the requirements of this act.


 

 

498)

Section

Amended Chapter Numbers:

 

44-34.1-2

294 and 295

 

 

44-34.1-2. City, town and fire district reimbursement.

     (a) In fiscal years 2000 and thereafter, cities, towns, and fire districts shall receive

reimbursements, as set forth in this section, from state general revenues equal to the amount of lost

tax revenue due to the phase out or reduction of the excise tax. Cities, towns, and fire districts shall

receive advance reimbursements through state fiscal year 2002. In the event the tax is phased out,

cities, towns, and fire districts shall receive a permanent distribution of sales tax revenue pursuant

to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax elimination.

Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels for each

city, town, and fire district, except that the town of Johnston’s base tax rate must be fixed at a fiscal

year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the base tax rate may be

less than but not more than the rates described in this subsection (a).

     (b)(1) The director of administration shall determine the amount of general revenues to be

distributed to each city, town, and fire district for the fiscal years 1999 and thereafter so that every

city, town, and fire district is held harmless from tax loss resulting from this chapter, assuming that

tax rates are indexed to inflation through fiscal year 2003.

     (2) The director of administration shall index the tax rates for inflation by applying the

annual change in the December Consumer Price Index — All Urban Consumers (CPI-U), published

by the Bureau of Labor Statistics of the United States Department of Labor, to the indexed tax rate

used for the prior fiscal year calculation; provided, that for state reimbursements in fiscal years

2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The

director shall apply the following principles in determining reimbursements:

     (i) Exemptions granted by cities, towns, and fire districts in the fiscal year 1998 must be

applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities, towns, and

fire districts will not be reimbursed for these exemptions.

     (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses

attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates

through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the

difference between the maximum taxable value less personal exemptions and the net assessed

value.

     (iii) Inflation reimbursements shall be the difference between:

     (A) The levy calculated at the tax rate used by each city, town, and fire district for fiscal

year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions

contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston, the tax rate used for fiscal

year 1999 must be used for the calculation; and

     (B) The levy calculated by applying the appropriate cumulative inflation adjustment

through state fiscal 2003 to the tax rate used by each city, town, and fire district for fiscal year

1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used

for the calculation after adjustments for personal exemptions but prior to adjustments for

exemptions contained in § 44-34.1-1.

     (3) For fiscal year 2018 and thereafter, each city, town, and fire district shall tax motor

vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer

excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle

and trailer excise tax calculation methodology refers to the application of specific tax practices and

the order of operations in the determination of the tax levied on any given motor vehicle and/or

trailer.

     (4) Each city, town, and fire district shall report to the department of revenue, as part of the

submission of the certified tax levy pursuant to § 44-5-22, the motor vehicle and trailer excise tax

calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and

thereafter, the department of revenue is authorized to confirm that each city, town, or fire district

has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year 2017

and the department of revenue shall have the final determination as to whether each city, town, or

fire district has in fact complied with this requirement. Should the department of revenue determine

that a city, town, or fire district has failed to cooperate or comply with the requirement in this

section, the city, town, or fire district’s reimbursement for the items noted in subsections (c)(13)(i)

through (c)(13)(iv) of this section shall be withheld until such time as the department of revenue

deems the city, town, or fire district to be in compliance.

     (5) For purposes of reimbursement for the items noted in subsections (c)(13)(i) through

(c)(13)(iv) of this section, the FY 2018 baseline from which the reimbursement amount shall be

calculated is defined as the motor vehicle and trailer excise tax levy that would be generated by

applying the fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the

assessed value of motor vehicles and trailers as of fiscal year 2018. The amount of reimbursement

that each city, town, or fire district receives shall be the difference between the FY 2018 baseline

and the certified motor vehicle and trailer excise tax levy as submitted by each city, town, and fire

district as confirmed by the department of revenue. The department of revenue shall determine the

reimbursement amount for each city, town, and fire district.

     (6) For fiscal year 2020 and thereafter, the department of revenue shall assess the feasibility

of standardizing the motor vehicle and trailer excise tax calculation methodology across all cities,

towns, and fire departments. Based on this assessment, the department of revenue may make

recommendations for changes to the motor vehicle and trailer excise tax calculation methodology.

     Beginning on January 1, 2021, the director of the department of revenue shall file an annual

report for the consideration of the general assembly with the president of the senate, speaker of the

house, chairperson of the senate committee on finance and chairperson of the house committee on

finance, containing recommendations and findings as to the feasibility of the motor vehicle excise

tax phase-out in each year until the phase-out is complete.

     (c)(1) Funds shall be distributed to the cities, towns, and fire districts as follows:

     (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty-

five percent (25%) of the amount calculated by the director of administration to be the difference

for the upcoming fiscal year.

     (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the upcoming fiscal year.

     (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent

(50%) of the amount calculated by the director of administration to be the difference for the

upcoming fiscal year.

     (iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the

amount calculated by the director of administration to be the difference for the current fiscal year.

     (v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of the

amount calculated by the director of administration to be the difference for the current fiscal year.

     (vii) On May 1, 2003, and each May 1 thereafter, except May 1, 2010, twenty-five percent

(25%) of the amount calculated by the director of administration to be the difference for the current

fiscal year.

     (viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the director

of administration to be the difference for the current fiscal year.

     Provided, however, the February and May payments, and June payment in 2010, shall be

subject to submission of final certified and reconciled motor vehicle levy information.

     (2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle

levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the

previous fiscal year shall be included or deducted from the payment due November 1.

     (3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this

subsection, the director is authorized to deduct previously made over-payments or add

supplemental payments as may be required to bring the reimbursements into full compliance with

the requirements of this chapter.

     (4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on

February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent

(25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which includes final

reconciliation of the previous year’s payment, and fifty percent (50%) on October 20, 1999, and

each October 20 thereafter through October 20, 2002. For local fiscal years 2003 and thereafter,

the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%)

on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation

of the previous year’s payment, and twenty-five percent (25%) on each August 1; provided, the

May and August payments shall be subject to submission of final certified and reconciled motor

vehicle levy information.

     (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for

the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-

out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities, towns,

and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) on the

following November 1, twenty-five percent (25%) on the following February 1, and twenty-five

percent (25%) on the following May 1. The funds shall be distributed to each city, town, and fire

district in the same proportion as distributed in the fiscal year of the phase-out.

     (6) When the tax is phased out to August 1, of the following fiscal year the director of

revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of

sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to

the amount of funds distributed to the cities, towns, and fire districts under this chapter during the

fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year

following the phase-out received by each city, town, and fire district, calculated to the nearest one-

hundredth of one percent (0.01%). The director of the department of revenue shall transmit those

calculations to the governor, the speaker of the house, the president of the senate, the chairperson

of the house finance committee, the chairperson of the senate finance committee, the house fiscal

advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for

the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to

the cities, towns, and fire districts under this chapter for the second fiscal year following the phase-

out and each year thereafter. The cities, towns, and fire districts shall receive that amount of sales

tax in the proportions calculated by the director of revenue as that received in the fiscal year

following the phase-out.

     (7) When the tax is phased out, twenty-five percent (25%) of the funds shall be distributed

to the cities, towns, and fire districts on August 1 of the following fiscal year, and every August 1

thereafter; twenty-five percent (25%) shall be distributed on the following November 1, and every

November 1 thereafter; twenty-five percent (25%) shall be distributed on the following February

1, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the

following May 1, and every May 1 thereafter.

     (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent

(25%) shall be distributed on November 1 of the following fiscal year, and every November 1

thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every

February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and

every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the

following August 1, and every August 1 thereafter.

     (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is

eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall

be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply

to the year 2001 tax roll and thereafter.

     (10) For reimbursements payable in the year ending June 30, 2008, and thereafter, the

director of administration shall discount the calculated value of the exemption to ninety-eight

percent (98%) in order to establish a collection rate that is comparable to the collection rate

achieved by municipalities in the levy of the motor vehicle excise tax.

     (11) For reimbursements payable in the year ending June 30, 2010, the director of

administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements

payable pursuant to subsection (c)(10) above.

     (12) For fiscal year 2011 through to June 30, 2017, the state shall reimburse cities and

towns, for the exemption pursuant to subsection (c)(10) above, ratably reduced to the appropriation.

     (13) For fiscal year 2018 and thereafter, each city, town, and fire district shall receive a

reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the

reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting from

changes in:

     (i) The assessment percentage set forth in § 44-34-11(c)(1)(iii);

     (ii) The excise tax rate set forth in § 44-34.1-1(c)(5);

     (iii) Exemptions set forth in § 44-34.1-1(c)(1); and

     (iv) Exemptions for vehicles more than fifteen (15) years old as set forth in § 44-34-2.

     (14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal year

2018, which do not conform with the requirements of this act, the city, town, or fire district shall

ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to conform to

the requirements of this act.


 

 

499)

Section

Repealed Chapter Numbers:

 

44-34.1-3

203 and 204

 

 

44-34.1-3. [Repealed]


 

 

500)

Section

Added Chapter Numbers:

 

44-35-11

345 and 347

 

 

44-35-11. American rescue plan fiscal accountability and transparency.

     (a) All cities and towns shall provide to the division of municipal finance a report on a

standardized form each fiscal year, any and all of the American Rescue Plan funds received through

the "local fiscal recovery fund" program including the following information:

     (1) Amounts received;

     (2) Amounts allocated with project/program description;

     (3) Amounts spent on hiring staff;

     (4) Job titles hired or retained with aforesaid funds;

     (5) Premium pay amount issued to employees and type of employees compensated;

     (6) Total amount of funds not spent and remaining, if any; and

     (7) Copies of all progress reports submitted to federal government agencies concerning the

use of "local fiscal recovery fund" proceeds.

     (b) Said reports shall be published on the division of municipal finance's website for public

inspection and review.


 

 

501)

Section

Amended Chapter Numbers:

 

44-48.2-5

294 and 295

 

 

44-48.2-5. Economic development tax incentive evaluations — Analysis.

     (a) The additional analysis as required by § 44-48.2-4 shall include, but not be limited to:

     (1) A baseline assessment of the tax incentive, including, if applicable, the number of

aggregate jobs associated with the taxpayers receiving such tax incentive and the aggregate annual

revenue that such taxpayers generate for the state through the direct taxes applied to them and

through taxes applied to their employees;

     (2) The statutory and programmatic goals and intent of the tax incentive, if said goals and

intentions are included in the incentive’s enabling statute or legislation;

     (3) The number of taxpayers granted the tax incentive during the previous twelve-month

(12) period;

     (4) The value of the tax incentive granted, and ultimately claimed, listed by the North

American Industrial Classification System (NAICS) Code associated with the taxpayers receiving

such benefit, if such NAICS Code is available;

     (5) An assessment and five-year (5) projection of the potential impact on the state’s revenue

stream from carry forwards allowed under such tax incentive;

     (6) An estimate of the economic impact of the tax incentive including, but not limited to:

     (i) A cost-benefit comparison of the revenue foregone by allowing the tax incentive

compared to tax revenue generated by the taxpayer receiving the credit, including direct taxes

applied to them and taxes applied to their employees; and

     (ii) An estimate of the number of jobs that were the direct result of the incentive; and

     (iii) A statement by the chief executive officer of the commerce corporation as to whether,

in his or her judgment, the statutory and programmatic goals of the tax benefit are being met, with

obstacles to such goals identified, if possible;

     (7) The estimated cost to the state to administer the tax incentive if such information is

available;

     (8) An estimate of the extent to which benefits of the tax incentive remained in state or

flowed outside the state, if such information is available;

     (9) In the case of economic development tax incentives where measuring the economic

impact is significantly limited due to data constraints, whether any changes in statute would

facilitate data collection in a way that would allow for better analysis;

     (10) Whether the effectiveness of the tax incentive could be determined more definitively

if the general assembly were to clarify or modify the tax incentive’s goals and intended purpose;

     (11) A recommendation as to whether the tax incentive should be continued, modified, or

terminated; the basis for such recommendation; and the expected impact of such recommendation

on the state’s economy;

     (12) The methodology and assumptions used in carrying out the assessments, projections,

and analyses required pursuant to subdivisions subsections (a)(1) through (a)(8) of this section.

     (b) All departments, offices, boards, and agencies of the state shall cooperate with the chief

of the office of revenue analysis and shall provide to the office of revenue analysis any records,

information (documentary and otherwise), data, and data analysis as may be necessary to complete

the report required pursuant to this section.


 

 

502)

Section

Amended Chapter Numbers:

 

44-48.3-13

294 and 295

 

 

44-48.3-13. Reporting requirements.

     (a) By August 1st of each year, each applicant approved for credits under this chapter shall

report to the commerce corporation and the division of taxation the following information:

     (1) The number of total jobs created;

     (2) The applicable north North American industry classification survey annual system

code of each job created;

     (3) The annual salary of each job created; and

     (4) The address of each new employee;.

     (b) By September 1, 2016, and each year thereafter, the commerce corporation shall report

the name, address, and amount of tax credit approved for each credit recipient during the previous

state fiscal year to the governor, the speaker of the house of representatives, the president of the

senate, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, and the department of revenue.

     (c) By October 1, 2016, and each year thereafter, the commerce corporation shall report

for the year (1) the total number of businesses awarded credits in the previous fiscal year and (2)

the name and address of each credit recipient. This report shall be available to the public for

inspection by any person and shall be published by the chief executive of the commerce corporation

on the commerce corporation and executive office of commerce websites.

     (d) By October 1st of each year the division of taxation shall report the name, address, and

amount of tax credit received for each credit recipient during the previous state fiscal year to the

governor, the chairpersons of the house and senate finance committees, the house and senate fiscal

advisors, and the department of labor and trainingThis report shall be available to the public for

inspection by any person and shall be published by the tax administrator on the tax division website.

     (e) By November 1st of each year the division of taxation shall report in the aggregate the

information required under subsection 44-48.3-13(a) of this section. This report shall be available

to the public for inspection by any person and shall be published by the tax administrator on the tax

division website.


 

 

503)

Section

Amended Chapter Numbers:

 

45-13-14

79, 327, and 328

 

 

45-13-14. Adjustments to tax levy, assessed value, and full value when computing state aid.

     (a) Whenever the director of revenue computes the relative wealth of municipalities for the

purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or

she the director shall base it on the full value of all property except:

     (1) That exempted from taxation by acts of the general assembly and reimbursed under §

45-13-5.1, which shall have its value calculated as if the payment in lieu of tax revenues received

pursuant to § 45-13-5.1, has resulted from a tax levy;

     (2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by

a special public law or by reason of agreements between a municipality and the economic

development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not

have its value included;

     (3) That whose tax levy or assessed value is based on tax treaty agreements or tax

stabilization agreements in force prior to May 15, 2005, which shall not have its value included;

     (4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,

2005;

     (5) Any other property exempt from taxation under state law;

     (6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space

Land; or

     (7) Any property exempt from taxation, in whole or in part, under the provisions of

subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, § 44-5.3-1, or any other

provision of law that enables a city, town, or fire district to establish a tangible personal property

exemption, which shall have its value calculated as the full value of the property minus the

exemption amount.

     (b) The tax levy of each municipality and fire district shall be adjusted for any real estate

and personal property exempt from taxation by act of the general assembly by the amount of

payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating

to property tax from certain exempt private and state properties, and for any property subject to any

payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in

force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such

agreements.

     (c) Fire district tax levies within a city or town shall be included as part of the total levy

attributable to that city or town.

     (d) The changes as required by subsections (a) through (c) of this section shall be

incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008

and thereafter.


 

 

504)

Section

Added  Chapter Numbers:

 

45-19-16.1

360 and 361

 

 

45-19-16.1. Presumption for heart disease and hypertension.

     (a) Notwithstanding the provisions of any general or special law to the contrary, any

firefighter, as defined in § 45-19-1, who is unable to perform the duties required thereof because

of an impairment of health caused by heart disease, stroke, or hypertension is presumed to have

suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and

convincing evidence; and the firefighter shall be entitled to all benefits provided for in chapters 19,

21, 21.2, and 21.3 of this title.

     (b) This presumption shall not apply to firefighters hired after July 1, 2023, in the following

situations:

     (1) If a physical examination was conducted at the time the firefighter was hired and the

examination revealed that person was suffering from heart disease or hypertension.

     (2) If the firefighter had regularly or habitually used tobacco products during the five (5)

years prior to any diagnosis of heart disease or hypertension or suffering a stroke.


 

 

505)

Section

Amended Chapter Numbers:

 

45-19.1-2

111 and 112

 

 

45-19.1-2. Definitions.

     The following terms when used in this chapter have the following meanings:

     (a) “Disability” means a condition of physical incapacity to perform any assigned duty or

duties in the fire department.

     (b) “Fire department” means service groups (paid or volunteer) that are organized and

trained for the prevention and control of loss of life and property from any fire or disaster.

     (c) “Fire fighterFirefighter” means an individual, paid or volunteer, who is assigned to a

member of a fire department or a city, town, or fire district emergency medical services unit and is

required to respond to alarms and performs emergency action.

     (d) “Occupational cancer” means a cancer arising out of his or her the person’s

employment as a fire fighter, due to injury from exposures to smoke, fumes, or carcinogenic,

poisonous, toxic, or chemical substances while in the performance of active duty in the fire

department.


 

 

 

506)

Section

Amended Chapter Numbers:

 

45-22.2-6

314 and 315

 

 

45-22.2-6. Required content of a comprehensive plan.

     (a) The Except as set forth herein, the comprehensive plan must utilize a minimum twenty

(20)-year (20) planning timeframe in considering forecasts, goals, and policies.

     (b) The comprehensive plan must be internally consistent in its policies, forecasts, and

standards, and shall include the content described within this section. The content described in

subdivisions (1) through (10) subsections (b)(1)-(b)(10) may be organized and presented as

deemed suitable and appropriate by the municipality. The content described in subdivisions

subsections (b)(11) and (b)(12) must be included as individual sections of the plan.

     (1) Goals and policies. The plan must identify the goals and policies of the municipality

for its future growth and development and for the conservation of its natural and cultural resources.

The goals and policies of the plan shall be consistent with the goals and intent of this chapter and

embody the goals and policies of the state guide plan.

     (2) Maps. The plan must contain maps illustrating the following as appropriate to the

municipality:

     (i) Existing conditions:

     (A) Land use, including the range of residential housing densities;

     (B) Zoning;

     (C) Key infrastructure such as, but not limited to,: roads, public water, and sewer;

     (D) Service areas for public water and sewer;

     (E) Historical and cultural resource areas and sites;

     (F) Open space and conservation areas (public and private); and

     (G) Natural resources such as, but not limited to,: surface water, wetlands, floodplains,

soils, and agricultural land;

     (ii) Future land use illustrating the desired patterns of development, density, and

conservation as defined by the comprehensive plan; and

     (iii) Identification of discrepancies between future land uses and existing zoning use

categories.

     (3) Natural resource identification and conservation. The plan must be based on an

inventory of significant natural resource areas such as, but not limited to, water, soils, prime

agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan

must include goals, policies, and implementation techniques for the protection and management of

these areas.

     (4) Open space and outdoor recreation identification and protection. The plan must be

based on an inventory of outdoor recreational resources, open space areas, and recorded access to

these resources and areas. The plan must contain an analysis of forecasted needs, policies for the

management and protection of these resources and areas, and identification of areas for potential

expansion. The plan must include goals, policies, and implementation techniques for the protection

and management of existing resources and acquisition of additional resources if appropriate.

     (5) Historical and cultural resources identification and protection. The plan must be based

on an inventory of significant historical and cultural resources such as historical buildings, sites,

landmarks, and scenic views. The plan must include goals, policies, and implementation techniques

for the protection of these resources.

     (6) Housing. The plan must include the identification of existing housing patterns, an

analysis of existing and forecasted housing needs, and identification of areas suitable for future

housing development or rehabilitation. The plan shall include an affordable housing program that

meets the requirements of § 42-128-8.1, the “Comprehensive Housing Production and

Rehabilitation Act of 2004” and chapter 53 of this title, the “Rhode Island Low and Moderate

Income Housing Act.” The plan must include goals and policies that further the goal of §  45-22.2-

3(c)(3) and implementation techniques that identify specific programs to promote the preservation,

production, and rehabilitation of housing, as well as specific goals, implementation actions, and

time frames for development of low- and moderate-income housing, as defined in § 45-53-3.

     (7) Economic development. The plan must include the identification of existing types and

patterns of economic activities including, but not limited to, business, commercial, industrial,

agricultural, and tourism. The plan must also identify areas suitable for future economic expansion

or revitalization. The plan must include goals, policies, and implementation techniques reflecting

local, regional, and statewide concerns for the expansion and stabilization of the economic base

and the promotion of quality employment opportunities and job growth.

     (8) Services and facilities. The plan must be based on an inventory of existing physical

infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries,

indoor recreation facilities, and community centers. The plan must describe services provided to

the community such as, but not limited to, water supply and the management of wastewater, storm

water, and solid waste. The plan must consider energy production and consumption. The plan must

analyze the needs for future types and levels of services and facilities, including, in accordance

with § 46-15.3-5.1, water supply system management planning, which includes demand

management goals as well as plans for water conservation and efficient use of water concerning

any water supplier providing service in the municipality, and contain goals, policies, and

implementation techniques for meeting future demands.

     (9) Circulation/Transportation. The plan must be based on an inventory and analysis of

existing and proposed major circulation systems, including transit and bikeways; street patterns;

and any other modes of transportation, including pedestrian, in coordination with the land use

element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient,

and convenient transportation that promotes conservation and environmental stewardship must be

identified.

     (10) Natural hazards. The plan must include an identification of areas that could be

vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards.

Goals, policies, and implementation techniques must be identified that would help to avoid or

minimize the effects that natural hazards pose to lives, infrastructure, and property.

     (11) Land use. In conjunction with the future land use map as required in subsection

(b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed

general distribution and general location and interrelationships of land uses including, but not

limited to,: residential, commercial, industrial, open space, agriculture, recreation facilities, and

other categories of public and private uses of land. The land use component shall be based upon

the required plan content as stated in this section. It shall relate the proposed standards of population

density and building intensity to the capacity of the land and available or planned facilities and

services. The land use component must contain an analysis of the inconsistency of existing zoning

districts, if any, with planned future land use. The land use component shall specify the process and

schedule by which the zoning ordinance and zoning map shall be amended to conform to the

comprehensive plan and shall be included as part of the implementation program, but in no event

shall it take longer than eighteen (18) months for a zoning map to be brought into compliance with

the future land use map. The future land use map in a valid comprehensive plan updated in

accordance with this chapter shall govern all local municipal land use decisions.

     (12) Implementation program.

     (i) A statement which defines and schedules the specific public actions to be undertaken in

order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled

expansion or replacement of public facilities, and the anticipated costs and revenue sources

proposed to meet those costs reflected in a municipality’s capital improvement program, must be

included in the implementation program.

     (ii) The implementation program identifies the public actions necessary to implement the

objectives and standards of each component of the comprehensive plan that require the adoption or

amendment of codes and ordinances by the governing body of the municipality.

     (iii) The implementation program identifies other public authorities or agencies owning

water supply facilities or providing water supply services to the municipality, and coordinates the

goals and objectives of the comprehensive plan with the actions of public authorities or agencies

with regard to the protection of watersheds as provided in § 46-15.3-1 et seq.

     (iv) The implementation program must detail the timing and schedule of municipal actions

required to amend the zoning ordinance and map to conform to the comprehensive plan.

     (v) The implementation program shall contain a concise strategic plan that details the

actions to be taken annually to achieve the goals and policies of the plan. The strategic plan shall

be reviewed annually by a municipality and the annual review shall be accomplished in the

following manner: a municipal planning department shall submit a report to the municipal planning

board for the board's review, comment, and findings. The planning board shall submit to the

respective city or town council, a report summarizing the status of the implementation of the

strategic plan which report shall be reviewed by the city or town council at a public meeting.


 

 

507)

Section

Amended Chapter Numbers:

 

45-22.2-12

314 and 315

 

 

45-22.2-12. Maintaining and re-adopting the plan.

     (a) A municipality must maintain a single version of the comprehensive plan including all

amendments, appendices, and supplements. One or more complete copies of the comprehensive

plan including, all amendments, shall be made available for review by the public. Availability shall

include print, digital formats, and placement on the internet.

     (b) A municipality shall periodically review and amend its plan in a timely manner to

account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its

entire comprehensive plan, including supplemental plans, such as, but not limited to, special area

plans, that may be incorporated by reference, at least once every ten (10) years from the date of

municipal adoption. A minimum twenty-(20)year (20) planning timeframe in considering forecasts,

goals, and policies must be utilized for an update. If a municipality fails to fully update and re-

adopt its comprehensive plan within twelve (12) years from the date of the previous plan's adoption,

such municipality shall not be able to utilize the comprehensive plan as a basis for denial of a

municipal land use decision.

     (c) A newly adopted plan shall supersede all previous versions.

     (d) A municipality shall file an informational report on the status of the comprehensive

plan implementation program with the chief not more than five (5) years from the date of municipal

approval.


 

 

508)

Section

Amended Chapter Numbers:

 

45-22.2-13

314 and 315

 

 

45-22.2-13. Compliance and implementation.

     (a) The municipality is responsible for the administration and enforcement of the plan.

     (b) All municipal land use decisions shall be in conformance with the locally adopted

municipal comprehensive plan subject to § 45-22.2-12(b).

     (c) Each municipality shall amend its zoning ordinance and map to conform to the

comprehensive plan in accordance with the implementation program as required by § 45-22.2-

6(b)(11) and §  45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan

adoption shall remain in force until amended. In Except with respect to comprehensive plans which

that have failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in

instances where the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning

ordinance in effect at the time of the comprehensive plan adoption shall direct municipal land use

decisions until such time as the zoning ordinance is amended to achieve consistency with the

comprehensive plan and its implementation schedule. In instances of uncertainty in the internal

construction or application of any section of the zoning ordinance or map, the ordinance or map

shall be construed in a manner that will further the implementation of, and not be contrary to, the

goals and policies and applicable content of the adopted comprehensive plan.

     (d) Limitations on land use approvals may be imposed according to the following

provisions in addition to any other provision that may be required by law.

     (1) Nothing in the chapter shall be deemed to preclude municipalities from imposing

limitations on the number of building permits or other land use approvals to be issued at any time,

provided such limitations are consistent with the municipality’s comprehensive plan in accordance

with this chapter and are based on a reasonable, rational assessment of the municipality’s

sustainable capacity for growth.

     (2) In the event of a dire emergency not reasonably foreseeable as part of the

comprehensive planning process, a municipality may impose a limitation on the number of building

permits or other land use approvals to be issued at any time, provided that such limitation is

reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to

alleviate the emergency.

     (e) A one-time moratorium, for the purpose of providing interim protection for a planned

future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption

of the local comprehensive plan provided that a change to the zoning ordinance and map has been

identified and scheduled for implementation within twelve (12) months of plan adoption. The

moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use,

development, or subdivisions under the following provisions:

     (1) The moratorium is restricted to those areas identified on the map or maps as required

by §  45-22.2-6(b)(2)(iii).

     (2) A notice of the moratorium must be provided by first class mail to property owners

affected by said moratorium at least fourteen (14) days in advance of the public hearing.

     (3) The ordinance shall specify:

     (i) The purpose of the moratorium;

     (ii) The date it shall take effect and the date it shall end;

     (iii) The area covered by the moratorium; and

     (iv) The regulations, restrictions, or prohibitions established by the moratorium.

     (4) The moratorium may be extended up to an additional ninety (90) days if necessary to

complete a zoning ordinance and map change provided that: (i) The public hearing as required by

§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of

good cause. Said extension shall not be deemed as non-conformance to the implementation

schedule.

     (f) A moratorium enacted under the provisions of subsection (e) shall not apply to state

agencies until such time that the municipal comprehensive plan receives approval from the chief

or superior court.

     (g) In the event a municipality fails to amend its zoning ordinance and map to conform to

the comprehensive plan within the implementation schedule, or by the expiration of the moratorium

period, a municipality must amend either their implementation schedule or, if the future land use is

no longer desirable or feasible, amend the future land use map.

     (1) Failure to comply with this provision within one hundred twenty (120) days of the date

of the implementation schedule or the expiration of the moratorium period shall result in the denial

or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits

and incentives conditioned on state approval.

     (2) An implementation schedule amended under this provision shall not be eligible for an

additional moratorium as provided for in subsection (e).


509)

Section

Amended Chapter Numbers:

 

45-23-27

308 and 309

 

 

45-23-27. Applicability -- Effective January 1, 2024.

     (a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable to all

applications under this chapter in all of the following instances:.

     (1) In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32,

all provisions of §§ 45-23-25 — 45-23-74 apply;

     (2) In all cases of land development projects, as provided for in § 45-24-47 of the Zoning

Enabling Act of 1991, where a municipality has allowed for the land development projects in its

local zoning ordinance; and/or

     (3) In all cases of development plan review, as provided for in § 45-24-49 of the Zoning

Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the

procedures for planning board review of applications.

     (b) Plats required.

     (1) All activity defined as a subdivision requires a new plat, drawn to the specifications of

the local regulations, and reviewed and approved by the planning board or its agents as provided in

this chapter; and

     (2) Prior to recording, the approved plat shall be submitted for signature and recording as

specified in § 45-23-64.


 

 

 

510)

Section

Amended Chapter Numbers:

 

45-23-32

308 and 309

 

 

45-23-32. Definitions -- Effective January 1, 2024.

     Where words or phrases used in this chapter are defined in the definitions section of either

the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode

Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts.

Additional words and phrases may be defined in local ordinances, regulations, and rules under this

act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island

Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning

Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling

in all local ordinances, regulations, and rules created under this chapter. See also § 45-23-34. In

addition, the following words and phrases have the following meanings:

     (1) Administrative officer. The municipal official(s) designated by the local regulations to

administer the land development and subdivision regulations and to review and approve qualified

applications and/or coordinate with local boards and commissions, municipal staff, and state

agencies as set forth herein. The administrative officer may be a member of, or the chair, of the

planning board, an employee of the municipal planning or zoning departments, or an appointed

official of the municipality. See § 45-23-55.

     (2) Administrative subdivision. Re-subdivision of existing lots which yields no additional

lots for development, and involves no creation or extension of streets. The re-subdivision only

involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

     (3) (2) Board of appeal. The local review authority for appeals of actions of the

administrative officer and the planning board on matters of land development or subdivision, which

shall be the local zoning board of review constituted as the board of appeal. See § 45-23-57.

     (4) (3) Bond. See improvement guarantee.

     (5) (4) Buildable lot. A lot where construction for the use(s) permitted on the site under the

local zoning ordinance is considered practicable by the planning board, considering the physical

constraints to development of the site as well as the requirements of the pertinent federal, state, and

local regulations. See § 45-23-60(a)(4).

     (6) (5) Certificate of completeness. A notice issued by the administrative officer informing

an applicant that the application is complete and meets the requirements of the municipality’s

regulations, and that the applicant may proceed with the approval review process.

     (7) (6) Concept plan. A drawing with accompanying information showing the basic

elements of a proposed land development plan or subdivision as used for pre-application meetings

and early discussions, and classification of the project within the approval process.

     (8) (7) Consistency with the comprehensive plan. A requirement of all local land use

regulations which means that all these regulations and subsequent actions are in accordance with

the public policies arrived at through detailed study and analysis and adopted by the municipality

as the comprehensive community plan as specified in § 45-22.2-3.

     (9) (8) Dedication, fee-in-lieu-of. Payments of cash which that are authorized in the local

regulations when requirements for mandatory dedication of land are not met because of physical

conditions of the site or other reasons. The conditions under which the payments will be allowed

and all formulas for calculating the amount shall be specified in advance in the local regulations.

See § 45-23-47.

     (10) (9) Development plan review. Design or site plan review of a development of a

permitted use. A municipality may utilize development plan review under limited circumstances to

encourage development to comply with design and/or performance standards of the community

under specific and objective guidelines, for developments including, but not limited to:

     (i) A change in use at the property where no extensive construction of improvements is

sought;

     (ii) An adaptive reuse project located in a commercial zone where no extensive exterior

construction of improvements is sought;

     (iii) An adaptive reuse project located in a residential zone which that results in less than

nine (9) residential units;

     (iv) Development in a designated urban or growth center;

     (v) Institutional development design review for educational or hospital facilities; or

     (vi) Development in a historic district.

     (10)(11) (10) Development regulation. Zoning, subdivision, land development plan,

development plan review, historic district, official map, flood plain regulation, soil erosion control,

or any other governmental regulation of the use and development of land.

     (11)(12) (11) Division of land. A subdivision.

     (12)(13) (12) Environmental constraints. Natural features, resources, or land characteristics

that are sensitive to change and may require conservation measures or the application of special

development techniques to prevent degradation of the site, or may require limited development, or

in certain instances, may preclude development. See also physical constraints to development.

     (13)(14) (13) Final plan. The final stage of land development and subdivision review. See

§ 45-23-43.

     (14)(15) (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be

recorded after approval by the planning board and any accompanying material as described in the

community’s regulations and/or required by the planning board.

     (15)(16) (15) Floor area, gross. See R.I. State Building Code.

     (16)(17) (16) Governing body. The body of the local government, generally the city or

town council, having the power to adopt ordinances, accept public dedications, release public

improvement guarantees, and collect fees.

     (17)(18) (17) Improvement. Any natural or built item which that becomes part of, is placed

upon, or is affixed to, real estate.

     (18)(19) (18) Improvement guarantee. A security instrument accepted by a municipality to

ensure that all improvements, facilities, or work required by the land development and subdivision

regulations, or required by the municipality as a condition of approval, will be completed in

compliance with the approved plans and specifications of a development. See § 45-23-46.

     (20) (19) Land-development project. A project in which one or more lots, tracts, or parcels

of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses,

units, or structures, including but not limited to, planned development or cluster development for

residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations

shall include all requirements, procedures, and standards necessary for proper review and approval

of land development projects to ensure consistency with this chapter and the Rhode Island zoning

enabling act.

     (i) Minor land development project. A land development project involving any one of the

following:

     (A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial,

manufacturing, or industrial development;, or less, or

     (B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand

(10,000) square feet for commercial, manufacturing, or industrial structures; or

     (C) Mixed-use development consisting of up to six (6) dwelling units and two thousand

five hundred (2,500) gross square feet of commercial space or less; or

     (D) Multi-family residential or residential condominium development of nine (9) units or

less; or

     (E) Change in use at the property where no extensive construction of improvements are is

sought;

     (F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross

floor area located in a commercial zone where no extensive exterior construction of improvements

is sought;

     (G) An adaptive reuse project located in a residential zone which that results in less than

nine (9) residential units;

     A community can increase, but not decrease the thresholds for minor land development set

forth above if specifically set forth in the local ordinance and/or regulations. The process by which

minor land development projects are reviewed by the local planning board, commission, technical

review committee, and/or administrative officer is set forth in § 45-23-38.

     (ii) Major land development project. A land development project which that exceeds the

thresholds for a minor land development project as set forth in this section and local ordinance or

regulation. The process by which major land development projects are reviewed by the local

planning board, commission, technical review committee, or administrative officer is set forth in §

45-23-39.

     (21) (20) Local regulations. The land development and subdivision review regulations

adopted under the provisions of this act. For purposes of clarification, throughout this act, where

reference is made to local regulations, it is to be understood as the land development and

subdivision review regulations and all related ordinances and rules properly adopted pursuant to

this chapter.

     (20)(22) (21) Maintenance guarantee. Any security instrument which that may be required

and accepted by a municipality to ensure that necessary improvements will function as required for

a specific period of time. See improvement guarantee.

     (21) Major land development plan. Any land development plan not classified as a minor

land development plan.

     (22) Major subdivision. Any subdivision not classified as either an administrative

subdivision or a minor subdivision.

     (23) (22) Master plan. An overall plan for a proposed project site outlining general, rather

than detailed, development intentions. It describes the basic parameters of a major development

proposal, rather than giving full engineering details. Required in major land development or major

subdivision review onlyIt is the first formal review step of the major land development or major

subdivision process and the step in the process in which the public hearing is held . See § 45-23-40

45-23-39.

     (24) Minor land development plan. A development plan for a residential project as defined

in local regulations, provided that the development does not require waivers or modifications as

specified in this act. All nonresidential land development projects are considered major land

development plans.

     (25) Minor subdivision. A plan for a subdivision of land consisting of five (5) or fewer

units or lots, provided that the subdivision does not require waivers or modifications as specified

in this chapter.

     (26)(24) (23) Modification of requirements. See § 45-23-62.

     (27)(25) (24) Parcel. A lot, or contiguous group of lots in single ownership or under single

control, and usually considered a unit for purposes of development. Also referred to as a tract.

     (28)(26) (25) Parking area or lot. All that portion of a development that is used by vehicles,

the total area used for vehicular access, circulation, parking, loading, and unloading.

     (29)(27) (26) Permitting authority. The local agency of government, meaning any board,

commission, or administrative officer specifically empowered by state enabling law and local

regulation or ordinance to hear and decide on specific matters pertaining to local land use.

     (30)(28) (27) Phased development. Development, usually for large-scale projects, where

construction of public and/or private improvements proceeds by sections subsequent to approval

of a master plan for the entire site. See § 45-23-48.

     (31)(29) (28) Physical constraints to development. Characteristics of a site or area, either

natural or man-made, which present significant difficulties to construction of the uses permitted on

that site, or would require extraordinary construction methods. See also environmental constraints.

     (32)(30) (29) Planning board. The official planning agency of a municipality, whether

designated as the plan commission, planning commission, plan board, or as otherwise known.

     (33)(31) (30) Plat. A drawing or drawings of a land development or subdivision plan

showing the location, boundaries, and lot lines of individual properties, as well as other necessary

information as specified in the local regulations.

     (34)(32) (31) Pre-application conference. An initial meeting between developers and

municipal representatives which that affords developers the opportunity to present their proposals

informally and to receive comments and directions from the municipal officials and others. See §

45-23-35.

     (35)(33) (32) Preliminary plan. The A required stage of land development and subdivision

review which that generally requires detailed engineered drawings and all required state and

federal permits. See § 45-23-41 45-23-39.

     (34) (33) Public hearing. A hearing before the planning board which that is duly noticed

in accordance with § 45-23-42 and which that allows public comment. A public hearing is not

required for an application or stage of approval unless otherwise stated in this chapter.

     (36)(35) (34) Public improvement. Any street or other roadway, sidewalk, pedestrian way,

tree, lawn, off-street parking area, drainage feature, or other facility for which the local government

or other governmental entity either is presently responsible, or will ultimately assume the

responsibility for maintenance and operation upon municipal acceptance.

     (37) Public informational meeting. A meeting of the planning board or governing body

preceded by a notice, open to the public and at which the public is heard.

     (38) Re-subdivision. Any change of an approved or recorded subdivision plat or in a lot

recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved

for public use, or that affects any map or plan legally recorded prior to the adoption of the local

land development and subdivision regulations. For the purposes of this act any action constitutes a

subdivision.

     (39)(36) (35) Slope of land. The grade, pitch, rise, or incline of the topographic landform

or surface of the ground.

     (40)(37) (36) Storm water detention. A provision for storage of storm water runoff and the

controlled release of the runoff during and after a flood or storm.

     (41)(38) (37) Storm water retention. A provision for storage of storm water runoff.

     (42)(39) (38) Street. A public or private thoroughfare used, or intended to be used, for

passage or travel by motor vehicles. Streets are further classified by the functions they perform.

See street classification.

     (43)(40) (39) Street, access to. An adequate and permanent way of entering a lot. All lots

of record shall have access to a public street for all vehicles normally associated with the uses

permitted for that lot.

     (44)(41) (40) Street, alley. A public or private thoroughfare primarily designed to serve as

secondary access to the side or rear of those properties whose principal frontage is on some other

street.

     (45)(42) (41) Street, cul-de-sac. A local street with only one outlet and having an

appropriate vehicular turnaround, either temporary or permanent, at the closed end.

     (46)(43) (42) Street, limited access highway. A freeway or expressway providing for

through traffic. Owners or occupants of abutting property on lands and other persons have no legal

right to access, except at the points and in the manner as may be determined by the public authority

having jurisdiction over the highway.

     (47)(44) (43) Street, private. A thoroughfare established as a separate tract for the benefit

of multiple, adjacent properties and meeting specific, municipal improvement standards. This

definition does not apply to driveways.

     (48)(45) (44) Street, public. All public property reserved or dedicated for street traffic.

     (49)(46) (45) Street, stub. A portion of a street reserved to provide access to future

development, which may provide for utility connections.

     (50)(47) (46) Street classification. A method of roadway organization which that identifies

a street hierarchy according to function within a road system, that is, types of vehicles served and

anticipated volumes, for the purposes of promoting safety, efficient land use, and the design

character of neighborhoods and districts. Local classifications use the following as major

categories:

     (ai) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

of, or around the municipality and carries high volumes of traffic.

     (bii) Collector. A street whose principal function is to carry traffic between local streets

and arterial streets but that may also provide direct access to abutting properties.

     (ciii) Local. Streets whose primary function is to provide access to abutting properties.

     (51)(48) (47) Subdivider. Any person who: (1ihaving Having an interest in land, causes

it, directly or indirectly, to be divided into a subdivision; or who (2iidirectly Directly or indirectly

sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop,

any interest, lot, parcel, site, unit, or plat in a subdivision,; or who (3iiiengages Engages directly

or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or

development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

     (52)(49) (48) Subdivision. The division or re-division, of a lot, tract, or parcel of land into

two or more lots, tracts, or parcels. Any or any adjustment to existing lot lines of a recorded lot by

any means is considered a subdivision. All re-subdivision activity is considered a subdivision. The

division of property for purposes of financing constitutes a subdivision.

     (i) Administrative subdivision. Subdivision of existing lots which that yields no additional

lots for development, and involves no creation or extension of streets. This subdivision only

involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The

process by which an administrative officer or municipal planning board or commission reviews any

subdivision qualifying for this review is set forth in § 45-23-37.

     (ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process

by which a municipal planning board, commission, technical review committee, and/or

administrative officer reviews a minor subdivision is set forth in § 45-23-38.

     (iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The process

by which a municipal planning board or commission reviews any subdivision qualifying for this

review under § 45-23-39.

     (53)(50) (49) Technical review committee. A committee or committees appointed by the

planning board municipality for the purpose of reviewing, commenting, and approving, and/or

making recommendations to the planning board with respect to approval of land development and

subdivision applications or administrative officer, as set forth in this chapter.

     (54)(51) (50) Temporary improvement. Improvements built and maintained by a developer

during construction of a development project and prior to release of the improvement guarantee,

but not intended to be permanent.

     (55)(52) (51) Vested rights. The right to initiate or continue the development of an

approved project for a specified period of time, under the regulations that were in effect at the time

of approval, even if, after the approval, the regulations change prior to the completion of the project.

     (56)(53) (52) Waiver of requirements. See § 45-23-62.


 

 

 

511)

Section

Repealed Chapter Numbers:

 

45-23-34

308 and 309

 

 

45-23-34. [Repealed]


 

 

512)

Section

Amended Chapter Numbers:

 

45-23-36

308 and 309

 

 

45-23-36. General provisions -- Authority and application for development and

certification of completeness -- Effective January 1, 2024.

     (a) Authority. Municipalities shall provide for the submission and approval of land

development projects and subdivisions, as such terms are defined in the Rhode Island Zoning

Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which

shall be consistent with the requirements of this chapter. The local regulations must include all

requirements, procedures, and standards necessary for proper review and approval of applications

made under this chapter to ensure consistency with the intent and purposes of this chapter and

with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991.

     (b) Classification. The In accordance with this chapter, the administrative officer shall

advise the applicant as to which approvals are category of approval is required and the appropriate

board for hearing an application for a land development or subdivision project. An applicant shall

not be required to obtain both land development and development plan review, for the same project.

The following types categories of applications, as defined in § 45-23-32 this chapter, may be filed:

     (1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision;

     (2) Minor subdivision or minor land development plan; and Land development projects.

Minor land development or major land development; and

     (3) Development plan review.

     (3) Major subdivision or major land development plan.

     (b)(c) Certification of a complete application. An application shall be complete for

purposes of commencing the applicable time period for action when so certified by the

administrative officer. Every certification of completeness required by this chapter shall be in

writing. In the event the certification of the application is not made within the time specified in this

chapter for the type of plan, the application is deemed complete for purposes of commencing the

review period unless the application lacks information required for these applications as specified

in the local regulations and the administrative officer has notified the applicant, in writing, of the

deficiencies in the application. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification

timeframes and requirements.

     (c)(d) Notwithstanding subsections (a) and (b) other provisions of this section, the planning

board may subsequently require correction of any information found to be in error and submission

of additional information specified in the regulations but not required by the administrative officer

prior to certification, as is necessary to make an informed decision.

     (d)(e) Where the review is postponed with the consent of the applicant, pending further

information or revision of information, the time period for review is stayed and resumes when the

administrative officer or the planning board determines that the required application information is

complete.


 

 

 

513)

Section

Amended Chapter Numbers:

 

45-23-38

308 and 309

 

 

45-23-38. General provisions -- Minor land development and minor subdivision review --

Effective January 1, 2024.

     (a) Review stages. Minor plan review consists of two (2) stages, preliminary and final;

provided, that if a street creation or extension is involved, or a request for variances and/or special-

use permits are submitted, pursuant to the regulation’s unified development review provisions, a

public hearing is required. The planning board may combine the approval stages, providing

requirements for both stages are met by the applicant to the satisfaction of the planning officials.

     Application types and review stages.

     (1) Applications requesting relief from the zoning ordinance.

     (i) Applications under this section which that require relief which that qualifies only as a

modification under § 45-24-46 and local ordinances shall proceed by filing an application under

this chapter and a request for a modification to the zoning enforcement officer. If such modification

is granted, the application shall then proceed to be reviewed by the administrative officer pursuant

to the applicable requirements of this section. If the modification is denied or an objection is

received as set forth in § 45-24-46, such application shall proceed under unified development plan

review pursuant to § 45-23-50.1.

     (ii) Applications under this section which that require relief from the literal provisions of

the zoning ordinance in the form of a variance or special-use permit, shall be reviewed by the

planning board under unified development plan review pursuant to § 45-23-50.1, and a request for

review shall accompany the preliminary plan application.

     (iii) Any application involving a street creation or extension shall be reviewed by the

planning board and require a public hearing.

     (2) Other applications.

     The administrative officer shall review and grant, grant with conditions, or deny all other

applications under this section and may grant waivers of design standards as set forth in the local

regulations and zoning ordinance. The administrative officer may utilize the technical review

committee for initial review and recommendation. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

     (3) Review stages.

     Minor plan review consists of two (2) stages, preliminary and final; provided, that unless

otherwise set forth in this section, if a street creation or extension is involved, or a request for

variances and/or special-use permits are is submitted, pursuant to the regulation’s unified

development review provisions, a public hearing is required before the planning board. The

administrative officer may combine the approval stages, providing requirements for both stages are

met by the applicant to the satisfaction of the administrative officer.

     (b) Submission requirements. Any applicant requesting approval of a proposed, minor

subdivision or minor land development, as defined in this chapter, shall submit to the administrative

officer the items required by the local regulations. Requests for relief from the literal requirements

of the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions

and/or minor land-development projects that are submitted under a zoning ordinance’s unified

development review provisions shall be included as part of the preliminary plan application,

pursuant to § 45-23-50.1(b).

     (c) Certification. The For each applicable stage of review, the application shall be certified,

in writing, complete or incomplete by the administrative officer within twenty-five (25) days or

within fifteen (15) days of the submission so long as a completed checklist of the requirements for

submission are is provided as part of the submission. Such certification shall be made in accordance

with the provisions of § 45-23-36(bc). If if no street creation or extension is required, and/or unified

development review is not requested, and a completed checklist of the requirements for submission

are provided as part of the submission, such application shall be certified, in writing, complete or

incomplete by the administrative officer within fifteen (15) days according to the provisions of §

45-23-36(bc). The running of the time period set forth in this section will be deemed stopped upon

the issuance of a certificate of incompleteness of the application by the administrative officer and

will recommence upon the resubmission of a corrected application by the applicant. However, in

no event will the administrative officer be required to certify a corrected submission as complete

or incomplete less than fourteen (14) ten (10) days after its resubmission.

     (d) Technical review committee. The technical review committee, if established, will

review the application and will comment and make recommendations to the planning board. The

application will be referred to the planning board as a whole if there is no technical review

committee. When reviewed by a technical review committee:

     (1) If the land-development or subdivision application does not include a request for unified

development review and the plan is approved by a majority of the committee members, the

application is forwarded to the planning board with a recommendation for preliminary plan

approval without further review.

     (2) If the plan is not approved by a majority vote of the committee members, or the

application includes a request for unified development review, the minor land-development and

subdivision application is referred to the planning board.

     (e) Re-assignment to major review. The planning board may re-assign a proposed minor

project to major review only when the planning board is unable to make the positive findings

required in § 45-23-60.

     (f)(d) Decision on preliminary plan. If no street creation or extension is required, the

planning board or administrative officer will approve, deny, or approve with conditions, the

preliminary plan within sixty-five (65) days of certification of completeness, or within any further

time that is agreed to by the applicant and the board, according to the requirements of §§ 45-23-60

and 45-23-63. If a street extension or creation is required, or the application is reviewed under the

unified development plan review, the planning board will hold a public hearing prior to approval

according to the requirements in § 45-23-42 and will approve, deny, or approve with conditions,

the preliminary plan within ninety-five (95) days of certification of completeness, or within any

specified time that is agreed to by the applicant and the board, according to the requirements of §§

45-23-60 and 45-23-63.

     (g)(e) Failure to act. Failure of the planning board to act within the period prescribed

constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval will be issued

on request of the application.

     (f) Re-assignment to major review. The planning board may re-assign a proposed minor

project to major review only when the planning board is unable to make the positive findings

required in § 45-23-60.

     (h)(g) Final plan. The planning board may delegate final plan review and approval to either

the administrative officer or the technical review committee. Final plans shall be reviewed and

approved by either the administrative officer or technical review committee. The officer or

committee will report its actions, in writing to the planning board at its next regular meeting, to be

made part of the record. The administrative officer or technical review committee shall approve,

deny, approve with conditions, or refer the application to the planning board based upon a finding

that there is a major change within twenty-five (25) days of the certificate of completeness.

     (h) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without additional public hearings, at the discretion of the administrative officer. All changes shall

be made part of the permanent record of the project application. This provision does not prohibit

the administrative officer from requesting recommendation from either the technical review

committee or the permitting authority. Denial of the proposed change(s) shall be referred to the

applicable permitting authority for review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must follow the same review and

hearing process required for approval of preliminary plans, which shall include a public hearing if

originally required as part of the application.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application if the administrative officer determines the change to be

a major change.

     (i) Appeal. Decisions under this section shall be considered an appealable decision pursuant

to § 45-23-71.

     (i)(j) Expiration of approval approvalsApproval Approvals of a minor land-development

or subdivision plan expires expire ninety (90) days one year from the date of approval unless,

within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted

for signature and recording as specified in § 45-23-64. Validity may be extended for a longer period,

for cause shown, if requested by the application in writing, and approved by the planning board.


 

 

 

514)

Section

Amended Chapter Numbers:

 

45-23-39

308 and 309

 

 

45-23-39. General provisions -- Major land development and major subdivision review

stages -- Effective January 1, 2024.

     (a) Major plan review is required of all applications for land development and subdivision

approval subject to this chapter, unless classified as an administrative subdivision or as a minor

land development or a minor subdivision.

     (b)(a) Stages of review. Major plan land development and major subdivision review

consists of three stages of review, master plan, preliminary plan, and final plan, following the pre-

application meeting(s) specified in § 45-23-35. Also required is a public hearing informational

meeting and a public meeting at the master plan stage of review or, if combined at the first stage of

review.

     (c)(b) The planning board may vote to administrative officer may combine review stages

and to modify and/or but only the planning board may waive requirements as specified in § 45-23-

62. Review stages may be combined only after the planning board administrative officer determines

that all necessary requirements have been met by the applicant or that the planning board has

waived any submission requirements not included by the applicant.

     (c) Master plan review.

     (1) Submission requirements.

     (i) The applicant shall first submit to the administrative officer the items required by the

local regulations for master plans.

     (ii) Requirements for the master plan and supporting material for this phase of review

include, but are not limited to: information on the natural and built features of the surrounding

neighborhood, existing natural and man-made conditions of the development site, including

topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well

as the proposed design concept, proposed public improvements and dedications, tentative

construction phasing; and potential neighborhood impacts.

     (iii) Initial comments will be solicited from:

     (A) Local agencies including, but not limited to, the planning department, the department

of public works, fire and police departments, the conservation and recreation commissions;

     (B) Adjacent communities;

     (C) State agencies, as appropriate, including the departments of environmental

management and transportation and the coastal resources management council; and

     (D) Federal agencies, as appropriate. The administrative officer shall coordinate review

and comments by local officials, adjacent communities, and state and federal agencies.

     (iv) Applications requesting relief from the zoning ordinance.

     (A) Applications under this chapter which that require relief which that qualifies only as

a modification under § 45-24-46 and local ordinances shall proceed by filing a master plan

application under this section and a request for a modification to the zoning enforcement officer. If

such modification is granted, the application shall then proceed to be reviewed by the planning

board pursuant to the applicable requirements of this section. If the modification is denied or an

objection is received as set forth in § 45-24-46, such application shall proceed under unified

development plan review pursuant to § 45-23-50.1.

     (B) Applications under this section which that require relief from the literal provisions of

the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the

planning board under unified development plan review pursuant to § 45-23-50.1.

     (2) Certification. The application must be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days of the submission, according to the

provisions of § 45-23-36(bc), so long as a completed checklist of requirements are is provided with

the submission. The running of the time period set forth herein will be deemed stopped upon the

issuance of a certificate of incompleteness of the application by the administrative officer and will

recommence upon the resubmission of a corrected application by the applicant. However, in no

event will the administrative officer be required to certify a corrected submission as complete or

incomplete less than ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public hearing.

     (i) A public hearing will be held prior to the planning board decision on the master plan. If

the master plan and preliminary plan review stages are being combined, a public hearing shall be

held during the combined stage of review.

     (ii) Notice for the public hearing is required and must be given at least fourteen (14) days

prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice

must be mailed to the applicant and to all property owners within the notice area, as specified by

local regulations.

     (iii) At the public hearing, the applicant will present the proposed development project.

The planning board must allow oral and written comments from the general public. All public

comments are to be made part of the public record of the project application.

     (5) Decision. The planning board shall, within ninety (90) days of certification of

completeness, or within a further amount of time that may be consented to by the applicant through

the submission of a written waiver, approve of the master plan as submitted, approve with changes

and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-

23-63.

     (6) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the master plan, and a certificate of the administrative officer as to the failure

of the planning board to act within the required time and the resulting approval will be issued on

request of the applicant.

     (67) Vesting.

     (i) The approved master plan is vested for a period of two (2) years, with the right to extend

for two (2), one-year extensions upon written request by the applicant, who must appear before the

planning board for the annual review. Thereafter, vesting may be extended for a longer period, for

good cause shown, if requested by the applicant, in writing, and approved by the planning board.

Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown

on the approved master plan drawings and supporting materials.

     (ii) The initial four-(4)year (4) vesting for the approved master plan constitutes the vested

rights for the development as required in § 45-24-44.

     (d) Preliminary plan review.

     (1) Submission requirements.

     (i) The applicant shall first submit to the administrative officer the items required by the

local regulations for preliminary plans.

     (ii) Requirements for the preliminary plan and supporting materials for this phase of the

review include, but are not limited to: engineering plans depicting the existing site conditions,

engineering plans depicting the proposed development project, and a perimeter survey.

     (iii) At the preliminary plan review phase, the administrative officer shall solicit final,

written comments and/or approvals of the department of public works, the city or town engineer,

the city or town solicitor, other local government departments, commissions, or authorities as

appropriate.

     (iv) Prior to approval of the preliminary plan, copies of all legal documents describing the

property, proposed easements, and rights-of-way.

     (v) Prior to approval of the preliminary plan, an applicant must submit all permits required

by state or federal agencies, including permits related to freshwater wetlands, the coastal zone,

floodplains, preliminary suitability for individual septic disposal systems, public water systems,

and connections to state roads. For a state permit from the Rhode Island department of

transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and

insurance is sufficient, but such actual permit shall be required prior to the issuance of a building

permit.

     (v)(i) If the applicant is requesting alteration of any variances and/or special-use permits

granted by the planning board or commission at the master plan stage of review pursuant to adopted

unified development review provisions, and/or any new variances and/or special-use permits, such

requests and all supporting documentation shall be included as part of the preliminary plan

application materials, pursuant to § 45-23-50.1(b).

     (2) Certification. The application will be certified as complete or incomplete by the

administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(bc)

so long as a completed checklist of requirements are is provided with the submission. The running

of the time period set forth herein will be deemed stopped upon the issuance of a certificate of

incompleteness of the application by the administrative officer and will recommence upon the

resubmission of a corrected application by the applicant. However, in no event shall the

administrative officer be required to certify a corrected submission as complete or incomplete less

than ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public notice. Prior to the first planning board meeting on the preliminary plan, public

notice shall be sent to abutters only at least fourteen (14) days before the hearing.

     (5) Public improvement guarantees. Proposed arrangements for completion of the required

public improvements, including construction schedule and/or financial guarantees, shall be

reviewed and approved by the planning board at preliminary plan approval.

     (6) Decision. A complete application for a major subdivision or development plan shall be

approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-

60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a

further amount of time that may be consented to by the developer through the submission of a

written waiver. Provided that, the timeframe for decision is automatically extended if evidence of

state permits has not been provided, or otherwise waived in accordance with this section.

     (7) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval shall be

issued on request of the applicant.

     (8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the

right to extend for two (2), one-year extensions upon written request by the applicant, who must

appear before the planning board for each annual review and provide proof of valid state or federal

permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause

shown, if requested, in writing by the applicant, and approved by the planning board. The vesting

for the preliminary plan approval includes all general and specific conditions shown on the

approved preliminary plan drawings and supporting material.

     (e) Final plan.

     (1) Submission requirements.

     (i) The applicant shall submit to the administrative officer the items required by the local

regulations for the final plan, as well as all material required by the planning board when the

application was given preliminary approval.

     (ii) Arrangements for completion of the required public improvements, including

construction schedule and/or financial guarantees.

     (iii) Certification by the tax collector that all property taxes are current.

     (iv) For phased projects, the final plan for phases following the first phase, shall be

accompanied by copies of as-built drawings not previously submitted of all existing public

improvements for prior phases.

     (2) Certification. The application for final plan approval shall be certified complete or

incomplete by the administrative officer in writing, within fifteen (15) days, according to the

provisions of § 45-23-36(bc) so long as a completed checklist of requirements are is provided with

the submission. This time period may be extended to twenty-five (25) days by written notice from

the administrative officer to the applicant where the final plans contain changes to or elements not

included in the preliminary plan approval. The running of the time period set forth herein shall be

deemed stopped upon the issuance of a certificate of incompleteness of the application by the

administrative officer and shall recommence upon the resubmission of a corrected application by

the applicant. However, in no event shall the administrative officer be required to certify a corrected

submission as complete or incomplete less than ten (10) days after its resubmission. If the

administrative officer certifies the application as complete and does not require submission to the

planning board as per subsection (c) of this section, the final plan shall be considered approved.

     (3) Decision. The administrative officer, or, if referred to it, the planning board, shall

review, grant, grant with conditions, or deny final plan approval. A decision shall be issued within

forty-five (45) days after the certification of completeness, or within a further amount of time that

may be consented to by the applicant, approve or deny the final plan as submitted.

     (4) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the final plan, and a certificate of the administrative officer as to the failure

of the planning board to act within the required time and the resulting approval shall be issued on

request of the applicant.

     (5) Expiration of approval. The final approval of a major subdivision or land development

project expires one year from the date of approval with the right to extend for one year upon written

request by the applicant, who must appear before the planning board for the annual review, unless,

within that period, the plat or plan has been submitted for signature and recording as specified in §

45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for

recording.

     (6) Acceptance of public improvements. Signature and recording as specified in § 45-23-

64 constitute the acceptance by the municipality of any street or other public improvement or other

land intended for dedication. Final plan approval shall not impose any duty upon the municipality

to maintain or improve those dedicated areas until the governing body of the municipality accepts

the completed public improvements as constructed in compliance with the final plans.

     (7) Validity of recorded plans. The approved final plan, once recorded, remains valid as

the approved plan for the site unless and until an amendment to the plan is approved under the

procedure stated in § 45-23-65, or a new plan is approved by the planning board.

     (f) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional planning board meeting, to the extent applicable, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting

recommendation from either the technical review committee or the permitting authority. Denial of

the proposed change(s) shall be referred to the applicable permitting authority for review as a major

change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must include a public hearing.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application if the administrative officer determines the change to be

a major change of the approved plans.

     (g) Appeal. Decisions under this section shall be considered an appealable decision

pursuant to § 45-23-71.


 

 

 

 

 

515)

Section

Repealed Chapter Numbers:

 

45-23-40

308 and 309

 

 

45-23-40. [Repealed]


 

 

 

516)

Section

Repealed Chapter Numbers:

 

45-23-41

308 and 309

 

 

45-23-41. [Repealed]


 

 

 

517)

Section

Amended Chapter Numbers:

 

45-23-42

308 and 309

 

 

45-23-42. General provisions -- Major land development and major

subdivision -- Public hearing and notice -- Effective January 1, 2024.

     (a) Where a A public hearing is required for a major land development project or a major

subdivision or where a street extension or creation requires a public hearing for a minor land

development project or minor subdivision. pursuant to this chapter, the following requirements

shall apply ;:

     (b)(1) Notice requirements. Public notice of the hearing shall be given at least fourteen (14)

days prior to the date of the hearing in a newspaper of general circulation within the municipality

following the municipality’s usual and customary practices for this kind of advertising. Notice shall

be sent to the applicant and to each owner within the notice area, by certified mail, return receipt

requested, of the time and place of the hearing not less than ten (10) days prior to the date of the

hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or

preservation restriction on the property that is the subject of the application. The notice shall also

include the street address of the subject property, or if no street address is available, the distance

from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a

supplemental notice that an application for development approval is under consideration be posted

at the location in question. The posting is for informational purposes only and does not constitute

required notice of a public hearing.

     (c)(2) Notice area.

     (1)(i) The distance(s) for notice of the public hearing shall be specified in the local

regulations. The distance may differ by zoning district and scale of development. At a minimum,

all abutting property owners to the proposed development’s property boundary shall receive notice.

     (2)(ii) Watersheds. Additional notice within watersheds shall also be sent as required in §

45-23-53(b) and (c).

     (3)(iii) Adjacent municipalities. Notice of the public hearing shall be sent by the

administrative officer to the administrative officer of an adjacent municipality if: (1) the The notice

area extends into the adjacent municipality,; or (2) the The development site extends into the

adjacent municipality,; or (3) there There is a potential for significant negative impact on the

adjacent municipality.

     (d)(3) Notice cost. The cost of all notice shall be borne by the applicant.


 

 

 

 

518)

Section

Amended Chapter Numbers:

 

45-23-42

316 and 317

 

 

45-23-42. General provisions — Major land development and major subdivision —

Public hearing and notice.

     (a) A public hearing is required for a major land development project or a major subdivision

or where a street extension or creation requires a public hearing for a minor land development

project or minor subdivision.

     (b) Notice requirements. Public notice of the hearing shall be given at least fourteen (14)

days prior to the date of the hearing in a newspaper of general local circulation within the

municipality following the municipality’s usual and customary practices for this kind of

advertising. The same notice shall be posted in the town or city clerk's office and one other

municipal building in the municipality and the municipality must make the notice accessible on

their the municipal home page of its website at least fourteen (14) days prior to the hearing. Notice

shall be sent to the applicant and to each owner within the notice area, by certified mail, return

receipt requested first class mail, of the time and place of the hearing not less than ten (10) days

prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a

recorded conservation or preservation restriction on the property that is the subject of the

application at least fourteen (14) days prior to the hearing. The notice shall also include the street

address of the subject property, or if no street address is available, the distance from the nearest

existing intersection in tenths (1/10’s) of a mile. Local regulations may require a supplemental

notice that an application for development approval is under consideration be posted at the location

in question. The posting is for informational purposes only and does not constitute required notice

of a public hearing. For any notice sent by first-class mail, the sender of the notice shall submit a

notarized affidavit to attest to such mailing.

     (c) Notice area.

     (1) The distance(s) for notice of the public hearing shall be specified in the local

regulations. The distance may differ by zoning district and scale of development. At a minimum,

all abutting property owners to the proposed development’s property boundary shall receive notice.

     (2) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-

23-53(b) and (c).

     (3) Adjacent municipalities. Notice of the public hearing shall be sent by the administrative

officer to the administrative officer of an adjacent municipality if (1) the The notice area extends

into the adjacent municipality, or (2) the The development site extends into the adjacent

municipality, or (3) there There is a potential for significant negative impact on the adjacent

municipality.

     (d) Notice cost. The cost of all notice newspaper and mailing notices shall be borne by the

applicant.


 

 

 

519)

Section

Repealed Chapter Numbers:

 

45-23-43

308 and 309

 

 

45-23-43. [Repealed]


 

 

520)

Section

Repealed Chapter Numbers:

 

45-23-49

308 and 309

 

 

45-23-49. [Repealed]


 

521)

Section

Amended Chapter Numbers:

 

45-23-50

308 and 309

 

 

45-23-50.  Special provisions -- Development plan review -- Effective January 1, 2024.

     (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32

and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local

regulations. (b) In these instances, local regulations must include all requirements, procedures, and

standards necessary for proper review and recommendations of projects subject to development

plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49

of the Rhode Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall

identify the permitting authority with the responsibility to review and approve applications for

development plan review, which shall be designated as the planning board, technical review

committee, or administrative officer. The local regulations and/or ordinances shall provide for

specific categories of projects that may review and approve an application administratively as well

as categories which that are required to be heard by the designated planning board, or authorized

permitting authority.

     (b) The authorized permitting authority may waive requirements for development plan

approval where there is a change in use or occupancy and no extensive construction of

improvements is sought. The waiver may be granted only by a decision by the permitting authority

finding that the use will not affect existing drainage, circulation, relationship of buildings to each

other, landscaping, buffering, lighting, and other considerations of development plan approval, and

that the existing facilities do not require upgraded or additional site improvements. The application

for a waiver of development plan approval review shall include documentation, as required by the

permitting authority, on prior use of the site. the proposed use, and its impact.

     (c) The authorized permitting authority may grant waivers of design standards as set forth

in the local regulations and zoning ordinance. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

     (d) Review stages. Administrative development plan review consists of one stage of

review, while formal development plan review consists of two (2) stages of review, preliminary

and final. The administrative officer may combine the approval stages, providing requirements for

both stages are met by the applicant to the satisfaction of the administrative officer.

     (1) Application requesting relief from the zoning ordinance.

     (i) Applications under this chapter which that require relief which that qualifies only as a

modification under § 45-24-46 and local ordinances shall proceed by filing an application under

this chapter and a request for a modification to the zoning enforcement officer. If such modification

is granted the application shall then proceed to be reviewed by the administrative officer pursuant

to the applicable requirements of this section. If the modification is denied or an objection is

received as set forth in § 45-24-46, such application shall proceed under unified development plan

review pursuant to § 45-23-50.1.

     (ii) Applications under this section which that require relief from the literal provisions of

the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the

planning board under unified development plan review pursuant to § 45-23-50.1, and a request for

review shall accompany the preliminary plan application.

     (e) Submission requirements. Any applicant requesting approval of a proposed

development under this chapter, shall submit to the administrative officer the items required by the

local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or

for the issuance of special-use permits or use variances related to projects qualifying for

development plan review shall be submitted and reviewed under unified development review

pursuant to § 45-23-50.1.

     (f) Certification. The application shall be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days or within fifteen (15) days if no street

creation or extension is required, and/or unified development review is not required, according to

the provisions of § 45-23-36(bc). The running of the time period set forth in this section will be

deemed stopped upon the issuance of a written certificate of incompleteness of the application by

the administrative officer and will recommence upon the resubmission of a corrected application

by the applicant. However, in no event will the administrative officer be required to certify a

corrected submission as complete or incomplete less than ten (10) days after its resubmission. If

the administrative officer certifies the application as incomplete, the officer shall set forth in writing

with specificity the missing or incomplete items.

     (g) Timeframes for decision.

     (1) Administrative development plan approval. An application shall be approved, denied,

or approved with conditions within twenty-five (25) days of the certificate of completeness or

within any further time that is agreed to in writing by the applicant and administrative officer.

     (2) Formal development plan approval.

     (i) Preliminary plan. Unless the application is reviewed under unified development review,

the permitting authority will approve, deny, or approve with conditions, the preliminary plan within

sixty-five (65) days of certification of completeness, or within any further time that is agreed to by

the applicant and the permitting authority.

     (ii) Final Plan. For formal development plan approval, the permitting authority shall

delegate final plan review and approval to the administrative officer. The officer will report its

actions in writing to the permitting authority at its next regular meeting, to be made part of the

record. Final The final plan shall be approved or denied within forty-five (45) days after the

certification of completeness, or within a further amount of time that may be consented to by the

applicant, in writing.

     (h) Failure to act. Failure of the administrative officer or the permitting authority to act

within the period prescribed constitutes approval of the preliminary plan, and a certificate of the

administrative officer as to the failure to act within the required time and the resulting approval

shall be issued on request of the application.

     (i) Vested rights. Approval of development plan review shall expire two (2) years from the

date of approval unless, within that period, a plat or plan, in conformity with approval, and as

defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity

may be extended for an additional period upon application to the administrative officer or

permitting authority, whichever entity approved the application, upon a showing of good cause.

     (j) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer, whereupon final plan approval

may be issued. The changes may be authorized without an additional planning board meeting, at

the discretion of the administrative officer. All changes shall be made part of the permanent record

of the project application. This provision does not prohibit the administrative officer from

requesting recommendation from either the technical review committee or the permitting authority.

Denial of the proposed change(s) shall be referred to the permitting authority for review as a major

change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the permitting authority and must follow the same review and hearing

process required for approval of preliminary plans, which shall include a public hearing.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application if the administrative officer determines that there has

been a major change to the approved plans.

     (k) Appeal. A decision under this section shall be considered an appealable decision

pursuant to § 45-23-71.


 

 

 

522)

Section

Chapter Numbers:

 

45-23-50.1

308 and 309

 

 

45-23-50.1.  Special provisions -- Unified development review -- Effective January 1, 2024.

     (a) When a A municipal zoning ordinance provides shall provide for unified development

review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing,

review, and approval of applications, pursuant to § 45-24-46.4 and this section.

     (b) Review of variances and special-use permits projects submitted under the unified

development review provisions of the regulations shall adhere to the procedures, timeframes, and

standards of the underlying category of the project as listed in § 45-23-36, but shall also include

the following procedures:

     (1) Minor subdivisions and land-development projects. Except for dimensional relief

granted by modification as set forth in § 45-23-38, requests Requests for relief from the literal

requirements of the zoning ordinance variances, and/or for the issuance of special-use permits

related to minor subdivisions and land-development projects shall be submitted as part of the

application materials for the preliminary plan stage of review or if combined, for the first stage of

reviews. A public hearing on the application, including any variance and special-use permit

requests that meets meet the requirements of subsection (cd) of this section, shall be held prior to

consideration of the preliminary plan by the planning board or commission. The planning board or

commission shall conditionally approve or deny the request(s) for the variance(s) and/or special-

use permit(s) before considering the preliminary plan application for the minor subdivision or land-

development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned

on approval of the final plan of the minor subdivision or land-development project.

     (2) Development plan review. Except for dimensional relief granted by modification as set

forth in § 45-23-38, requests for relief from the literal requirements of the zoning ordinance and/or

for the issuance of special-use permits related to minor subdivisions and land-development projects

shall be submitted as part of the application materials for the preliminary plan stage of review. A

public hearing on the application, including any variance and special-use permit requests that meets

meet the requirements of subsection (cd) of this section shall be held prior to consideration of the

preliminary plan by the planning board or commission relevant permitting authority. The planning

board or commission authorized permitting authority shall conditionally approve or deny the

request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan

application for the minor subdivision or land-development project. Approval of the variance(s)

and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor

subdivision or land-development project.

     (2)(34) Major subdivisions and land-development projects — Master plan. Except for

dimensional relief granted by modification as set forth in § 45-23-39, requests Requests for relief

from the literal requirements of the zoning ordinance variances for relief from the literal

requirements of the zoning ordinance and/or for the issuance of a special-use permit related to

major subdivisions and land-development projects shall be submitted as part of the application

materials for the master plan stage of review, or if combined, the first stage of review. A public

hearing on the application, including any variance and special-use permit requests that meets meet

the requirements of subsection (cd) of this section, shall be held prior to consideration of the master

plan by the planning board or commission. The planning board or commission shall conditionally

approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the

master plan application for the major subdivision or land-development project. Approval of the

variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the

major subdivision or land-development project.

     (34) Major subdivisions and land-development projects — Preliminary plan. During the

preliminary plan stage of review, applicants shall have the ability to request alteration of any

variance(s) and/or special-use permit(s) granted by the planning board or commission during the

master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based

on the outcomes of the more detailed planning and design necessary for the preliminary plan. If

necessary, the applicant shall submit such requests and all supporting documentation along with

the preliminary plan application materials. If the applicant requests new or additional zoning relief

at this stage, a A public hearing on the application, including any alterations and new requests, that

meets the requirements of subsection (cd) of this section, shall be held prior to consideration of the

preliminary plan by the planning board or commission. The planning board or commission shall

conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new

special-use permit(s), before considering the preliminary plan application for the major subdivision

or land-development project. Approval of the alteration(s), new variance(s), and/or new special-

use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-

development project. If the planning board or commission denies the request for alteration(s), new

variance(s), and/or new special-use permit(s), the planning board shall have the option of

remanding the application back to the master plan stage of review. Alternatively, if the planning

board or commission denies the request for alteration(s), new variance(s), and/or new special-use

permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23-

41(f) so that additional information can be provided and reviewed by the board or commission.

     (4)(c) Decision. The time periods by which the planning board or commission must

approve or deny applications for variances and special-use permits under the unified development

review provisions of the local regulations shall be the same as the time periods by which the board

must make a decision on the applicable review stage of the subdivision or land-development

category of project under review.

     (c)(d) Unless otherwise provided in this chapter all All subdivision and land-development

applications that include requests for variances and/or special-use permits submitted under the

development review provisions of the regulations under this section shall require a singular single

public hearing, held pursuant to subsection (b) of this section. All such The public hearings hearing

must meet the following requirements:

     (1) Public hearing notice shall adhere to the requirements found in § 45-23-42(b1).;

     (2) The notice area for notice of the public hearing shall be specified in the local

regulations, and shall, at a minimum, include all property located in or within not less than two

hundred feet (200′) of the perimeter of the area included in the subdivision and/or land-development

project. Notice of the public hearing shall be sent by the administrative officer to the administrative

officer of an adjacent municipality if: (1i) The notice area extends into the adjacent municipality;

or (2ii) The development site extends into the adjacent municipality; or (3iii) There is a potential

for significant negative impact on the adjacent municipality. Additional notice within watersheds

shall also be sent as required in § 45-23-53(b) and (c).;

     (3) Public notice shall indicate that dimensional variance(s), use variance(s), and/or

special-use permit(s) are to be considered for the subdivision and/or land-development project.;

and

     (4) The cost of all public notice is to be borne by the applicant.

     (d)(e) The time periods by which the planning board or commission permitting authority

must approve, approve with conditions, or deny requests for variances and special-use permits

under the unified development review provisions of a zoning ordinance shall be the same as the

time periods by which the board must make a decision on the applicable review stage of the

subdivision or land development underlying type of project under review.

     (f) The expirations period expiration periods of an approval of a variance or special use

permit granted under this section shall be the same as those set forth in the statute for the underlying

type of project under review.

     (e) Requests (g) Decisions under this section, including requests for the variance(s) and/or

special-use permits that are denied by the planning board or commission the permitting authority,

may be appealed to the board of appeal pursuant to § 45-23-66 45-23-71.


 

 

523)

Section

Amended Chapter Numbers:

 

45-23-53

316 and 317

 

 

45-23-53. Local regulations — Public hearing and notice requirements.

     (a) No local regulations shall be adopted, repealed, or amended until after a public hearing

has been held upon the question before the city or town planning board. The city or town planning

board shall first give notice of the public hearing by publication of notice in a newspaper of general

local circulation within the municipality at least once each week for three (3) successive weeks

prior to the date of the hearing, which may include the week in which the hearing is to be held. The

same notice shall be posted in the town or city clerk's office and one other municipal building in

the municipality and the municipality must make the notice accessible on their the municipal home

page of its website at least fourteen (14) days prior to the hearing. At this hearing, opportunity shall

be given to all persons interested on being heard upon the matter of the proposed regulations. The

newspaper notice shall be published as a display advertisement, using a type size at least as large

as the normal type size used by the newspaper in its news articles, and shall:

     (1) Specify the place of the hearing and the date and time of its commencement;

     (2) Indicate that adoption, amendment, or repeal of local regulations is under consideration;

     (3) Contain a statement of the proposed amendments to the regulations that may be printed

once in its entirety, or may summarize or describe the matter under consideration as long as the

intent and effect of the proposed regulation is expressly written in that notice;

     (4) Advise those interested where and when a copy of the matter under consideration may

be obtained or examined and copied; and

     (5) State that the proposals shown on the notice may be altered or amended prior to the

close of the public hearing without further advertising as a result of further study or because of the

views expressed at the public hearing. Any alteration or amendment must be presented for comment

in the course of the hearing.

     (b) Notice of the public hearing shall be sent by first-class mail to the city or town planning

board of any municipality where there is a public or quasi-public water source, or private water

source that is used, or is suitable for use, as a public water source, located within two thousand feet

(2,000′) of the municipal boundaries.

     (c) Notice of a public hearing shall be sent to the governing body of any state or municipal

water department or agency, special water district, or private water company that has riparian rights

to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public

water source, located within either the municipality or two thousand feet (2,000′) of the municipal

boundaries; provided, that a map survey has been filed with the building inspector as specified in

§ 45-24-53(f).

     (d) Notwithstanding any of the requirements set forth in subsections (a) through (c) above,

each municipality shall establish and maintain a public notice registry allowing any person or entity

to register for electronic notice of any changes to the local regulations. Municipalities shall annually

provide public notice of the existence of the registry by a publication of notice in a newspaper of

general circulation within the municipality. In addition, each municipality is hereby encouraged to

provide public notice of the existence of the public notice registry in all of its current and future

communications with the public, including, but not limited to, governmental websites, electronic

newsletters, public bulletins, press releases, and all other means the municipality may use to impart

information to the local community.

     (1) Provided, however, notice pursuant to a public notice registry as per this section does

not alone qualify a person or entity on the public notice registry as an “aggrieved party” under §

45-24-31(4).

     (e) No defect in the form of any notice under this section renders any regulations invalid,

unless the defect is found to be intentional or misleading.

     (f) The cost of newspaper notice and mailings shall be borne by the applicant.

     (f)(g) The requirements in this section are to be construed as minimum requirements.


 

 

 

524)

Section

Amended Chapter Numbers:

 

45-23-55

308 and 309

 

 

45-23-55.  Administration -- The administrative officer -- Effective January 1, 2024.

     (a) Local administration of the local regulations is under the direction of the administrative

officer(s), who reports to the planning board.

     (b) The local regulations specify the process of appointment and the responsibilities of the

administrative officer(s) who oversees and coordinates the review, approval, recording, and

enforcement provisions of the local regulations. The administrative officer(s) serves as the chair of

the technical review committee, where established. The local regulations state minimum

qualifications for this position regarding appropriate education, training, or experience in land use

planning and site plan review.

     (c) The administrative officer(s) is responsible for coordinating reviews of proposed land

development projects and subdivisions with adjacent municipalities as is necessary to be consistent

with applicable federal, state, and local laws and as directed by the planning board.

     (d) The administrative officer(s) has the authority to issue approvals and all other authority

where specifically set forth in this chapter.

     (d)(e) Enforcement of the local regulations is under the direction of the administrative

officer(s). The officer(s) is responsible for coordinating the enforcement efforts of the zoning

enforcement officer, the building inspector, planning department staff, the city or town engineer,

the department of public works and other local officials responsible for the enforcement or carrying

out of discrete elements of the regulations.


 

 

 

525)

Section

Amended Chapter Numbers:

 

45-23-56

308 and 309

 

 

45-23-56.  Administration -- Technical review committee -- Effective January 1, 2024.

     (a) The planning board may municipality may establish a technical review committee(s) of

not fewer than three (3) members, to conduct technical reviews of applications subject to their

jurisdiction. Where a technical review committee is established, the The administrative officer shall

serve as chairperson. Membership of this subcommittee committee, to be known as the technical

review committee, or design review committee, may include, but is not limited to, members of the

planning board, planning department staff, other municipal staff representing departments with

responsibility for review or enforcement, conservation commissioners, public members, or other

duly appointed local public commission members.

     (b) If the planning board establishes a technical review committee, the If a municipality

establishes a technical review committee or committees, the planning board shall adopt written

procedures establishing the committee’s responsibilities.

     (c) The technical review committee(s) has the authority to issue approvals, make findings,

and provide recommendations as specifically set forth in this chapter.

     (c)(d) Reports of the technical review committee to the planning board shall be in writing

and kept as part of the permanent documentation on the development application. In no case shall

the recommendations of the technical review committee be binding on the planning board in its

activities or decisions. All reports of the technical review committee shall be made available to the

applicant prior to the meeting of the planning board meeting at which the reports are first

considered.


 

 

526)

Section

Amended Chapter Numbers:

 

45-23-62

308 and 309

 

 

45-23-62. Procedure -- Waivers -- Modifications and reinstatement of plans --

Effective January 1, 2024.

     (a) Waiver of development plan approval.

     (1) A planning board may waive requirements for development plan approval where there

is a change in use or occupancy and no extensive construction of improvements is sought. The

waiver may be granted only by a decision by the planning board finding that the use will not affect

existing drainage, circulation, relationship of buildings to each other, landscaping, buffering,

lighting and other considerations of development plan approval, and that the existing facilities do

not require upgraded or additional site improvements.

     (2) The application for a waiver of development plan approval review shall include

documentation, as required by the planning board, on prior use of the site, the proposed use, and its

impact.

     (b) Waiver and/or modification of requirements. The planning board has the power to grant

waivers and/or modifications from the requirements for land development and subdivision approval

as may be reasonable and within the general purposes and intents of the provisions for local

regulations. The only grounds for waivers and/or modifications are where the literal enforcement

of one or more provisions of the regulations is impracticable and will exact undue hardship because

of peculiar conditions pertaining to the land in question or where waiver and/or modification is in

the best interest of good planning practice and/or design as evidenced by consistency with the

municipality’s comprehensive plan and zoning ordinance.

     (c)(b) Local regulations shall include provisions for an applicant to seek reinstatement of

development applications when the deadlines set in the local regulations and approval agreements

for particular actions are exceeded and the development application or approval is therefore

rendered invalid. Where an approval has expired, the local regulations shall specify the point in the

review to which the application may be reinstated.

     (d)(c) Decision. The planning board shall approve, approve with conditions, or deny the

request for either a waiver or modification as described in subsection (a) or (b) in this section,

according to the requirements of § 45-23-63.


 

 

527)

Section

Repealed Chapter Numbers:

 

45-23-66

308 and 309

 

 

45-23-66. [Repealed]


 

 

 

528)

Section

Amended Chapter Numbers:

 

45-23-67

308 and 309

 

 

45-23-67.  Appeals from decision of administrative officer -- Effective January 1, 2024.

     (a) Process and timing. Local regulations adopted pursuant to this chapter shall provide

that an appeal from any decision of the administrative officer charged in the regulations with

enforcement of any provisions, except as provided in this section, may be taken to the board of

appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer

approving or denying projects under §§ 45-23-38 or § 45-23-50 shall not be subject to this section

and shall proceed directly to Superior Court superior court as set forth in § 45-23-71.

     (1) An appeal to the board of appeal from a decision or action of the planning board or

administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66.

The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s

or town’s land evidence records and posted in the office of the city or town clerk.

     (b)(2) The appeal shall be in writing and state clearly and unambiguously the issue or

decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall

either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board

of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal,

if the local regulations governing land development and subdivision review so provide.

     (c)(3) Upon receipt of an appeal, the board of appeal shall require the planning board or

administrative officer to immediately transmit to the board of appeal, all papers, documents, and

plans, or a certified copy thereof, constituting the record of the action which that is being appealed.

     (b) Stay. An appeal stays all proceedings in furtherance of the action being appealed.

     (c) Hearing.

     (1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of

the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of

interest. At the hearing the parties may appear in person, or be represented by an agent or attorney.

The board shall render a decision within ten (10) days of the close of the public hearing. The cost

of any notice required for the hearing shall be borne by the applicant.

     (2) The board of appeal shall only hear appeals of the actions of an administrative officer

at a meeting called especially for the purpose of hearing the appeals and which that has been so

advertised.

     (3) The hearing, which may be held on the same date and at the same place as a meeting

of the zoning board of review, must be held as a separate meeting from any zoning board of review

meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained

by the board of appeal.

     (d) Standards of Review.

     (1) As established by this chapter, in instances of a board of appeal's review of an

administrative officer's decision on matters subject to this chapter, the board of appeal shall not

substitute its own judgment for that of the administrative officer but must consider the issue upon

the findings and record of the administrative officer. The board of appeal shall not reverse a

decision of the administrative officer except on a finding of prejudicial procedural error, clear error,

or lack of support by the weight of the evidence in the record.

     (2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting

at a hearing, is necessary to reverse any decision of the administrative officer.

     (3) In the instance where the board of appeal overturns a decision of the administrative

officer, the proposed project application is remanded to the administrative officer, at the stage of

processing from which the appeal was taken, for further proceedings before the administrative

officer and/or for the final disposition, which shall be consistent with the board of appeal's decision.

     (4) The board of appeal shall keep complete records of all proceedings including a record

of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include

in the written record the reasons for each decision.


 

 

529)

Section

Repealed Chapter Numbers:

 

45-23-68

308 and 309

 

 

45-23-68. [Repealed]


 

 

530)

Section

Repealed Chapter Numbers:

 

45-23-69

308 and 309

 

 

45-23-69. [Repealed]


 

 

531)

Section

Repealed Chapter Numbers:

 

45-23-70

308 and 309

 

 

45-23-70. [Repealed]


 

 

532)

Section

Amended Chapter Numbers:

 

45-23-71

308 and 309

 

 

45-23-71. Appeals to the superior court -- Effective January 1, 2024.

     (a) An aggrieved party may appeal a decision of the board of appeal, a decision of an

administrative officer made pursuant to §§ 45-23-38 or § 45-23-50 where authorized to approve or

deny an application,; a decision of the technical review committee, where authorized to approve or

deny an application,; or a decision of the planning board, to the superior court for the county in

which the municipality is situated by filing a complaint stating the reasons of for the appeal within

twenty (20) days after the decision has been recorded and posted in the office of the city or town

clerk. Recommendations by any public body or officer under this chapter are not appealable under

this section. The board of appeal authorized permitting authority shall file the original documents

acted upon by it and constituting the record of the case appealed from, or certified copies of the

original documents, together with any other facts that may be pertinent, with the clerk of the court

within thirty (30) days after being served with a copy of the complaint. When the complaint is filed

by someone other than the original applicant or appellant, the original applicant or appellant and

the members of the planning board shall be made parties to the proceedings. No responsive pleading

is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon

the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms

and make any other orders that it deems necessary for an equitable disposition of the appeal.

     (b) Appeals from a decision granting or denying approval of a final plan shall be limited to

elements of the approval or disapproval not contained in the decision reached by the planning board

at the preliminary stage; providing that, a public hearing has been held on the plan, if required

pursuant to this chapter.

     (c) The review shall be conducted by the superior court without a jury. The court shall

consider the record of the hearing before the planning board and, if it appear appears to the court

that additional evidence is necessary for the proper disposition of the matter, it may allow any party

to the appeal to present evidence in open court, which evidence, along with the report, shall

constitute the record upon which the determination of the court shall be made.

     (c)(d) The court shall not substitute its judgment for that of the planning board as to the

weight of the evidence on questions of fact. The court may affirm the decision of the board of

appeal or remand the case for further proceedings, or may reverse or modify the decision if

substantial rights of the appellant have been prejudiced because of findings, inferences,

conclusions, or decisions which that are:

     (1) In violation of constitutional, statutory, ordinance, or planning board regulations

provisions;

     (2) In excess of the authority granted to the planning board by statute or ordinance;

     (3) Made upon unlawful procedure;

     (4) Affected by other error of law;

     (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the

whole record; or

     (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

exercise of discretion.


 

 

533)

Section

Amended Chapter Numbers:

 

45-24-31

304 and 305

 

 

45-24-31. Definitions – Effective January 1, 2024.

     Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with

no intervening land.

     (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the

primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete

independent living facilities for one or more persons. It may take various forms including, but not

limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage;

or a unit that is part of an expanded or remodeled primary dwelling.

     (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental

and subordinate to the principal use of the land or building. An accessory use may be restricted to

the same lot as the principal use. An accessory use shall not be permitted without the principal use

to which it is related.

     (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

     (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

     (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

     (7) Applicant. An owner, or authorized agent of the owner, submitting an application or

appealing an action of any official, board, or agency.

     (8) Application. The completed form, or forms, and all accompanying documents, exhibits,

and fees required of an applicant by an approving authority for development review, approval, or

permitting purposes.

     (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

     (10) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (11) Building envelope. The three-dimensional space within which a structure is permitted

to be built on a lot and that is defined by regulations governing building setbacks, maximum height,

and bulk; by other regulations; or by any combination thereof.

     (12) Building height. For a vacant parcel of land, building height shall be measured from

the average, existing-grade elevation where the foundation of the structure is proposed. For an

existing structure, building height shall be measured from average grade taken from the outermost

four (4) corners of the existing foundation. In all cases, building height shall be measured to the top

of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,

chimneys, flag poles, and the like. For any property or structure located in a special flood hazard

area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the

Rhode Island coastal resources management council (CRMC) suggested design elevation three foot

(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)

storm, the greater of the following amounts, expressed in feet, shall be excluded from the building

height calculation:

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or

proposed freeboard, less the average existing grade elevation; or

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

otherwise necessary.

     (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the

site to allow the remaining land to be used for recreation, common open space, and/or preservation

of environmentally, historically, culturally, or other sensitive features and/or structures. The

techniques used to concentrate buildings shall be specified in the ordinance and may include, but

are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the

resultant open land being devoted by deed restrictions for one or more uses. Under cluster

development, there is no increase in the number of lots that would be permitted under conventional

development except where ordinance provisions include incentive bonuses for certain types or

conditions of development.

     (14) Common ownership. Either:

     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

     (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

     (15) Community residence. A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include halfway

houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

residences;

     (ii) A group home providing care or supervision, or both, to not more than eight (8) persons

with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

     (iii) A residence for children providing care or supervision, or both, to not more than eight

(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

title 42;

     (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

more than two (2) years. Residents will have access to, and use of, all common areas, including

eating areas and living rooms, and will receive appropriate social services for the purpose of

fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

     (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

     (17) Day care — Daycare center. Any other daycare center that is not a family daycare

home.

     (18) Day care — Family daycare home. Any home, other than the individual’s home, in

which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

     (19) Density, residential. The number of dwelling units per unit of land.

     (20) Development. The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

or any change in use, or alteration or extension of the use, of land.

     (21) Development plan review. The process whereby authorized, local officials review the

site plans, maps, and other documentation of a development to determine the compliance with the

stated purposes and standards of the ordinance.

     (22) District. See “zoning-use district.”

     (23) Drainage system. A system for the removal of water from land by drains, grading, or

other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating,

cooking, and sanitation, and containing a separate means of ingress and egress.

     (25) Extractive industry. The extraction of minerals, including: solids, such as coal and

ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

     (26) Family member. A person, or persons, related by blood, marriage, or other legal

means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

     (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

     (31) Halfway house. A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

     (32) Hardship. See § 45-24-41.

     (33) Historic district or historic site. As defined in § 45-22.2-4.

     (34) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident’s dwelling unit.

     (35) Household. One or more persons living together in a single-dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term “household unit” is

synonymous with the term “dwelling unit” for determining the number of units allowed within any

structure on any lot in a zoning district. An individual household shall consist of any one of the

following:

     (i) A family, which may also include servants and employees living with the family; or

     (ii) A person or group of unrelated persons living together. The maximum number may be

set by local ordinance, but this maximum shall not be less than three (3).

     (36) Incentive zoning. The process whereby the local authority may grant additional

development capacity in exchange for the developer’s provision of a public benefit or amenity as

specified in local ordinances.

     (37) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (38) Land-development project. A project in which one or more lots, tracts, or parcels of

land are developed or redeveloped as a coordinated site for one or more uses, units, or structures,

including, but not limited to, planned development or cluster development for residential,

commercial, institutional, recreational, open space, or mixed uses as provided in the zoning

ordinance.

     (39) Lot. Either:

     (i) The basic development unit for determination of lot area, depth, and other dimensional

regulations; or

     (ii) A parcel of land whose boundaries have been established by some legal instrument,

such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

purposes of transfer of title.

     (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

way, usually reported in acres or square feet.

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

upon which a use, building, or structure may be located in a particular zoning district.

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

and accessory buildings.

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from

a public or private street or any other public or private space and shall include:

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length

entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may

be a street lot line, depending on requirements of the local zoning ordinance.

     (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

herein.

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two

(2) streets that do not intersect at the boundaries of the lot.

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

angles to its depth along a straight line parallel to the front lot line at the minimum front setback

line.

     (49) Mere inconvenience. See § 45-24-41.

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51) Modification. Permission granted and administered by the zoning enforcement officer

of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance

other than lot area requirements from the zoning ordinance to a limited degree as determined by

the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of

the applicable dimensional requirements.

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with

the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

not a permitted use in that zoning district. A building or structure containing more dwelling units

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance

with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

or structure containing more dwelling units than are permitted by the use regulations of a zoning

ordinance is nonconforming by use; a building or structure containing a permitted number of

dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per

dwelling unit regulations, is nonconforming by dimension.

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

one or more districts or parts of districts. The standards and requirements associated with an overlay

district may be more or less restrictive than those in the underlying districts consistent with other

applicable state and federal laws.

     (54) Performance standards. A set of criteria or limits relating to elements that a particular

use or process must either meet or may not exceed.

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56) Planned development. A “land-development project,” as defined in subsection (38),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58) Preapplication conference. A review meeting of a proposed development held

between applicants and reviewing agencies as permitted by law and municipal ordinance, before

formal submission of an application for a permit or for development approval.

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

the required setback for the zoning district in which the lot is located that establishes the area within

which the principal structure must be erected or placed.

     (60) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

     (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued

by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special

exception.

     (63) Structure. A combination of materials to form a construction for use, occupancy, or

ornamentation, whether installed on, above, or below the surface of land or water.

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional or area provisions

of that ordinance.

     (65) Use. The purpose or activity for which land or buildings are designed, arranged, or

intended, or for which land or buildings are occupied or maintained.

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

An authorization for the construction or maintenance of a building or structure, or for the

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

only two (2) categories of variance, a use variance or a dimensional variance.

     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief under the applicable standards set forth in § 45-24-

41.

     (67) Waters. As defined in § 46-12-1(23).

     (68) Wetland, coastal. As defined in § 45-22.2-4.

     (69) Wetland, freshwater. As defined in § 2-1-20.

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required

in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies

with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an

authorized variance or modification therefrom.

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or

town’s legislative or home rule charter, if any, that establish regulations and standards relating to

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which

a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use

districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

space, and residential. Each district may include sub-districts. Districts may be combined.


 

 

534)

Section

Amended Chapter Numbers:

 

45-24-31

308 and 309

 

 

45-24-31. Definitions --Effective January 1, 2024.

     Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with

no intervening land.

     (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the

primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete

independent living facilities for one or more persons. It may take various forms including, but not

limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage;

or a unit that is part of an expanded or remodeled primary dwelling.

     (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental

and subordinate to the principal use of the land or building. An accessory use may be restricted to

the same lot as the principal use. An accessory use shall not be permitted without the principal use

to which it is related.

     (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

     (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

     (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

     (7) Applicant. An owner, or authorized agent of the owner, submitting an application or

appealing an action of any official, board, or agency.

     (8) Application. The completed form, or forms, and all accompanying documents, exhibits,

and fees required of an applicant by an approving authority for development review, approval, or

permitting purposes.

     (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

     (10) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (11) Building envelope. The three-dimensional space within which a structure is permitted

to be built on a lot and that is defined by regulations governing building setbacks, maximum height,

and bulk; by other regulations; or by any combination thereof.

     (12) Building height. For a vacant parcel of land, building height shall be measured from

the average, existing-grade elevation where the foundation of the structure is proposed. For an

existing structure, building height shall be measured from average grade taken from the outermost

four (4) corners of the existing foundation. In all cases, building height shall be measured to the top

of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,

chimneys, flag poles, and the like. For any property or structure located in a special flood hazard

area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the

Rhode Island coastal resources management council (CRMC) suggested design elevation three foot

(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)

storm, the greater of the following amounts, expressed in feet, shall be excluded from the building

height calculation:

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or

proposed freeboard, less the average existing grade elevation; or

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

otherwise necessary.

     (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the

site to allow the remaining land to be used for recreation, common open space, and/or preservation

of environmentally, historically, culturally, or other sensitive features and/or structures. The

techniques used to concentrate buildings shall be specified in the ordinance and may include, but

are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the

resultant open land being devoted by deed restrictions for one or more uses. Under cluster

development, there is no increase in the number of lots that would be permitted under conventional

development except where ordinance provisions include incentive bonuses for certain types or

conditions of development.

     (14) Common ownership. Either:

     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

     (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

     (15) Community residence. A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include halfway

houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

residences;

     (ii) A group home providing care or supervision, or both, to not more than eight (8) persons

with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

     (iii) A residence for children providing care or supervision, or both, to not more than eight

(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

title 42;

     (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

more than two (2) years. Residents will have access to, and use of, all common areas, including

eating areas and living rooms, and will receive appropriate social services for the purpose of

fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

     (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

     (17) Day care — Daycare center. Any other daycare center that is not a family daycare

home.

     (18) Day care — Family daycare home. Any home, other than the individual’s home, in

which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

     (19) Density, residential. The number of dwelling units per unit of land.

     (20) Development. The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

or any change in use, or alteration or extension of the use, of land.

     (21) Development plan review. The process whereby authorized, local officials review the

site plans, maps, and other documentation of a development to determine the compliance with the

stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50.

     (22) District. See “zoning-use district.”

     (23) Drainage system. A system for the removal of water from land by drains, grading, or

other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating,

cooking, and sanitation, and containing a separate means of ingress and egress.

     (25) Extractive industry. The extraction of minerals, including: solids, such as coal and

ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

     (26) Family member. A person, or persons, related by blood, marriage, or other legal

means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

     (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

     (31) Halfway house. A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

     (32) Hardship. See § 45-24-41.

     (33) Historic district or historic site. As defined in § 45-22.2-4.

     (34) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident’s dwelling unit.

     (35) Household. One or more persons living together in a single-dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term “household unit” is

synonymous with the term “dwelling unit” for determining the number of units allowed within any

structure on any lot in a zoning district. An individual household shall consist of any one of the

following:

     (i) A family, which may also include servants and employees living with the family; or

     (ii) A person or group of unrelated persons living together. The maximum number may be

set by local ordinance, but this maximum shall not be less than three (3).

     (36) Incentive zoning. The process whereby the local authority may grant additional

development capacity in exchange for the developer’s provision of a public benefit or amenity as

specified in local ordinances.

     (37) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (38) Land-development project. As defined in § 45-23-32. A project in which one or more

lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more

uses, units, or structures, including, but not limited to, planned development or cluster development

for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the

zoning ordinance.

     (39) Lot. Either:

     (i) The basic development unit for determination of lot area, depth, and other dimensional

regulations; or

     (ii) A parcel of land whose boundaries have been established by some legal instrument,

such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

purposes of transfer of title.

     (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

way, usually reported in acres or square feet.

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

upon which a use, building, or structure may be located in a particular zoning district.

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

and accessory buildings.

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from

a public or private street or any other public or private space and shall include:

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length

entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may

be a street lot line, depending on requirements of the local zoning ordinance.

     (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

herein.

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2)

streets that do not intersect at the boundaries of the lot.

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

angles to its depth along a straight line parallel to the front lot line at the minimum front setback

line.

     (49) Mere inconvenience. See § 45-24-41.

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51) Modification. Permission granted and administered by the zoning enforcement officer

of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance

other than lot area requirements from the zoning ordinance to a limited degree as determined by

the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of

the applicable dimensional requirements.

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with

the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

not a permitted use in that zoning district. A building or structure containing more dwelling units

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance

with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

or structure containing more dwelling units than are permitted by the use regulations of a zoning

ordinance is nonconforming by use; a building or structure containing a permitted number of

dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per

dwelling unit regulations, is nonconforming by dimension.

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

one or more districts or parts of districts. The standards and requirements associated with an overlay

district may be more or less restrictive than those in the underlying districts consistent with other

applicable state and federal laws.

     (54) Performance standards. A set of criteria or limits relating to elements that a particular

use or process must either meet or may not exceed.

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56) Planned development. A “land-development project,” as defined in subsection (38),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58) Preapplication conference. A review meeting of a proposed development held between

applicants and reviewing agencies as permitted by law and municipal ordinance, before formal

submission of an application for a permit or for development approval.

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

the required setback for the zoning district in which the lot is located that establishes the area within

which the principal structure must be erected or placed.

     (60) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

     (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued

by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special

exception.

     (63) Structure. A combination of materials to form a construction for use, occupancy, or

ornamentation, whether installed on, above, or below the surface of land or water.

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional or area provisions

of that ordinance.

     (65) Use. The purpose or activity for which land or buildings are designed, arranged, or

intended, or for which land or buildings are occupied or maintained.

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

An authorization for the construction or maintenance of a building or structure, or for the

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

only two (2) categories of variance, a use variance or a dimensional variance.

     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief.

     (67) Waters. As defined in § 46-12-1(23).

     (68) Wetland, coastal. As defined in § 45-22.2-4.

     (69) Wetland, freshwater. As defined in § 2-1-20.

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required

in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies

with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an

authorized variance or modification therefrom.

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or

town’s legislative or home rule charter, if any, that establish regulations and standards relating to

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a

uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use

districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

space, and residential. Each district may include sub-districts. Districts may be combined.


 

 

535)

Section

Amended Chapter Numbers:

 

45-24-31

321 and 322

 

 

45-24-31. Definitions.

     Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with

no intervening land.

     (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the

primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete

independent living facilities for one or more persons. It may take various forms including, but not

limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage;

or a unit that is part of an expanded or remodeled primary dwelling.

     (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental

and subordinate to the principal use of the land or building. An accessory use may be restricted to

the same lot as the principal use. An accessory use shall not be permitted without the principal use

to which it is related.

     (4) Adaptive reuse. "adaptive reuse," as defined in § 42-64.22-2.

     (4)(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

     (5)(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

     (6)(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

     (7)(8) Applicant. An owner, or authorized agent of the owner, submitting an application

or appealing an action of any official, board, or agency.

     (8)(9) Application. The completed form, or forms, and all accompanying documents,

exhibits, and fees required of an applicant by an approving authority for development review,

approval, or permitting purposes.

     (9)(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used

to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-

way.

     (10)(11) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (11)(12) Building envelope. The three-dimensional space within which a structure is

permitted to be built on a lot and that is defined by regulations governing building setbacks,

maximum height, and bulk; by other regulations; or by any combination thereof.

     (12)(13) Building height. For a vacant parcel of land, building height shall be measured

from the average, existing-grade elevation where the foundation of the structure is proposed. For

an existing structure, building height shall be measured from average grade taken from the

outermost four (4) corners of the existing foundation. In all cases, building height shall be measured

to the top of the highest point of the existing or proposed roof or structure. This distance shall

exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special

flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted

on the Rhode Island coastal resources management council (CRMC) suggested design elevation

three foot (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-

year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from

the building height calculation:

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or

proposed freeboard, less the average existing grade elevation; or

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

otherwise necessary.

     (13)(14) Cluster. A site-planning technique that concentrates buildings in specific areas

on the site to allow the remaining land to be used for recreation, common open space, and/or

preservation of environmentally, historically, culturally, or other sensitive features and/or

structures. The techniques used to concentrate buildings shall be specified in the ordinance and may

include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

requirements, with the resultant open land being devoted by deed restrictions for one or more uses.

Under cluster development, there is no increase in the number of lots that would be permitted under

conventional development except where ordinance provisions include incentive bonuses for certain

types or conditions of development.

     (14)(15) Common ownership. Either:

     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

     (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

     (15)(16) Community residence. A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include halfway

houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

residences;

     (ii) A group home providing care or supervision, or both, to not more than eight (8) persons

with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

     (iii) A residence for children providing care or supervision, or both, to not more than eight

(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

title 42;

     (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

more than two (2) years. Residents will have access to, and use of, all common areas, including

eating areas and living rooms, and will receive appropriate social services for the purpose of

fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

     (16)(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

     (17)(18) Day care — Daycare center. Any other daycare center that is not a family daycare

home.

     (18)(19) Day care — Family daycare home. Any home, other than the individual’s home,

in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

     (19)(20) Density, residential. The number of dwelling units per unit of land.

     (20)(21) Development. The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

or any change in use, or alteration or extension of the use, of land.

     (21)(22) Development plan review. The process whereby authorized, local officials review

the site plans, maps, and other documentation of a development to determine the compliance with

the stated purposes and standards of the ordinance.

     (22)(23) District. See “zoning-use district.”

     (23)(24) Drainage system. A system for the removal of water from land by drains, grading,

or other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24)(25) Dwelling unit. A structure, or portion of a structure, providing complete,

independent living facilities for one or more persons, including permanent provisions for living,

sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

     (25)(26) Extractive industry. The extraction of minerals, including: solids, such as coal

and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

     (26)(27) Family member. A person, or persons, related by blood, marriage, or other legal

means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

     (27)(28) Floating zone. An unmapped zoning district adopted within the ordinance that is

established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

     (28)(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

     (29)(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of

a flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30)(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

     (31)(32) Halfway house. A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

     (32)(33) Hardship. See § 45-24-41.

     (33)(34) Historic district or historic site. As defined in § 45-22.2-4.

     (34)(35) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident’s dwelling unit.

     (35)(36) Household. One or more persons living together in a single-dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term “household unit” is

synonymous with the term “dwelling unit” for determining the number of units allowed within any

structure on any lot in a zoning district. An individual household shall consist of any one of the

following:

     (i) A family, which may also include servants and employees living with the family; or

     (ii) A person or group of unrelated persons living together. The maximum number may be

set by local ordinance, but this maximum shall not be less than three (3).

     (36)(37) Incentive zoning. The process whereby the local authority may grant additional

development capacity in exchange for the developer’s provision of a public benefit or amenity as

specified in local ordinances.

     (37)(38) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (38)(39) Land-development project. A project in which one or more lots, tracts, or parcels

of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures,

including, but not limited to, planned development or cluster development for residential,

commercial, institutional, recreational, open space, or mixed uses as provided in the zoning

ordinance.

     (39)(40) Lot. Either:

     (i) The basic development unit for determination of lot area, depth, and other dimensional

regulations; or

     (ii) A parcel of land whose boundaries have been established by some legal instrument,

such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

purposes of transfer of title.

     (40)(41) Lot area. The total area within the boundaries of a lot, excluding any street right-

of-way, usually reported in acres or square feet.

     (41)(42) Lot area, minimum. The smallest land area established by the local zoning

ordinance upon which a use, building, or structure may be located in a particular zoning district.

     (42)(43) Lot building coverage. That portion of the lot that is, or may be, covered by

buildings and accessory buildings.

     (43)(44) Lot depth. The distance measured from the front lot line to the rear lot line. For

lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

     (44)(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall

specify how noncontiguous frontage will be considered with regard to minimum frontage

requirements.

     (45)(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or

from a public or private street or any other public or private space and shall include:

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length

entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may

be a street lot line, depending on requirements of the local zoning ordinance.

     (46)(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

herein.

     (47)(48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon

two (2) streets that do not intersect at the boundaries of the lot.

     (48)(49) Lot width. The horizontal distance between the side lines of a lot measured at

right angles to its depth along a straight line parallel to the front lot line at the minimum front

setback line.

     (49)(50) Mere inconvenience. See § 45-24-41.

     (50)(51) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51)(52) Modification. Permission granted and administered by the zoning enforcement

officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional

variance other than lot area requirements from the zoning ordinance to a limited degree as

determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%)

of each of the applicable dimensional requirements.

     (52)(53) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with

the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

not a permitted use in that zoning district. A building or structure containing more dwelling units

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance

with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

or structure containing more dwelling units than are permitted by the use regulations of a zoning

ordinance is nonconforming by use; a building or structure containing a permitted number of

dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per

dwelling unit regulations, is nonconforming by dimension.

     (53)(54) Overlay district. A district established in a zoning ordinance that is superimposed

on one or more districts or parts of districts. The standards and requirements associated with an

overlay district may be more or less restrictive than those in the underlying districts consistent with

other applicable state and federal laws.

     (54)(55) Performance standards. A set of criteria or limits relating to elements that a

particular use or process must either meet or may not exceed.

     (55)(56) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56)(57) Planned development. A “land-development project,” as defined in subsection

(38), and developed according to plan as a single entity and containing one or more structures or

uses with appurtenant common areas.

     (57)(58) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58)(59) Preapplication conference. A review meeting of a proposed development held

between applicants and reviewing agencies as permitted by law and municipal ordinance, before

formal submission of an application for a permit or for development approval.

     (59)(60) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance

of the required setback for the zoning district in which the lot is located that establishes the area

within which the principal structure must be erected or placed.

     (60)(61) Site plan. The development plan for one or more lots on which is shown the

existing and/or the proposed conditions of the lot.

     (61)(62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or

surface of the ground.

     (62)(63) Special use. A regulated use that is permitted pursuant to the special-use permit

issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a

special exception.

     (63)(64) Structure. A combination of materials to form a construction for use, occupancy,

or ornamentation, whether installed on, above, or below the surface of land or water.

     (64)(65) Substandard lot of record. Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional or area provisions

of that ordinance.

     (65)(66) Use. The purpose or activity for which land or buildings are designed, arranged,

or intended, or for which land or buildings are occupied or maintained.

     (66)(67) Variance. Permission to depart from the literal requirements of a zoning

ordinance. An authorization for the construction or maintenance of a building or structure, or for

the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There

are only two (2) categories of variance, a use variance or a dimensional variance.

     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief.

     (67)(68) Waters. As defined in § 46-12-1(23).

     (68)(69) Wetland, coastal. As defined in § 45-22.2-4.

     (69)(70) Wetland, freshwater. As defined in § 2-1-20.

     (70)(71) Zoning certificate. A document signed by the zoning-enforcement officer, as

required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either

complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or

is an authorized variance or modification therefrom.

     (71)(72) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72)(73) Zoning ordinance. An ordinance enacted by the legislative body of the city or

town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city

or town’s legislative or home rule charter, if any, that establish regulations and standards relating

to the nature and extent of uses of land and structures; that is consistent with the comprehensive

plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73)(74) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to

which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

Zoning-use districts include, but are not limited to: agricultural, commercial, industrial,

institutional, open space, and residential. Each district may include sub-districts. Districts may be

combined.


 

 

 

 

536)

Section

Amended Chapter Numbers:

 

45-24-37

321 and 322

 

 

45-24-37. General provisions — Permitted uses.

     (a) The zoning ordinance shall provide a listing of all land uses and/or performance

standards for uses that are permitted within the zoning use districts of the municipality. The

ordinance may provide for a procedure under which a proposed land use that is not specifically

listed may be presented by the property owner to the zoning board of review or to a local official

or agency charged with administration and enforcement of the ordinance for an evaluation and

determination of whether the proposed use is of a similar type, character, and intensity as a listed

permitted use. Upon such determination, the proposed use may be considered to be a permitted use.

     (b) Notwithstanding any other provision of this chapter, the following uses are permitted

uses within all residential zoning use districts of a municipality and all industrial and commercial

zoning use districts except where residential use is prohibited for public health or safety reasons:

     (1) Households;

     (2) Community residences; and

     (3) Family daycare homes.

     (c) Any time a building or other structure used for residential purposes, or a portion of a

building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home,

or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former

occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated

and otherwise made fit for occupancy. The property owner, or a properly designated agent of the

owner, is only allowed to cause the mobile and manufactured home, or homes, to remain

temporarily upon the land by making timely application to the local building official for the

purposes of obtaining the necessary permits to repair or rebuild the structure.

     (d) Notwithstanding any other provision of this chapter, appropriate access for people with

disabilities to residential structures is allowed as a reasonable accommodation for any person(s)

residing, or intending to reside, in the residential structure.

     (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an

owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a

reasonable accommodation for family members with disabilities or who are sixty-two (62) years of

age or older, or to accommodate other family members.

     (f) When used in this section the terms “people with disabilities” or “member, or members,

with disabilities” means a person(s) who has a physical or mental impairment that substantially

limits one or more major life activities, as defined in § 42-87-1(7).

     (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

use within all zoning districts of a municipality, including all industrial and commercial zoning

districts, except where prohibited for public health or safety reasons or the protection of wildlife

habitat.

     (h)(1) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse

for the conversion of any commercial building, including offices, schools, religious facilities,

medical buildings, and malls into residential units or mixed-use developments which include the

development of at least fifty percent (50%) of the existing gross floor area into residential units,

shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance,

except where such is prohibited by environmental land use restrictions recorded on the property by

the state of Rhode Island department of environmental management or the United States

Environmental Protection Agency preventing the conversion to residential use.

     (i1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive

reuse developments from off-street parking requirements of over one space per dwelling unit.

     (ii2) Density. (Ai) For projects that meet the following criteria, zoning ordinances shall

allow for high density development and shall not limit the density to less than fifteen (15) dwelling

units per acre:

     (IA) Where the project is limited to the existing footprint, except that the footprint is

allowed to be expanded to accommodate upgrades related to the building and fire codes and

utilities; and

     (IIB) The development includes at least twenty percent (20%) low- and moderate-income

housing; and

     (IIIC) The development has access to public sewer and water service or has access to

adequate private water, such as a well and and/or wastewater treatment system(s) approved by the

relevant state agency for the entire development as applicable.

     (Bii) For all other adaptive reuse projects, the residential density permitted in the converted

structure shall be the maximum allowed that otherwise meets all standards of minimum housing

and has access to public sewer and water service or has access to adequate private water, such as a

well, and wastewater treatment system(s) approved by the relevant state agency for the entire

development, as applicable, The density proposed shall be determined to meet all public health and

safety standards.

     (iii3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects,

existing building setbacks shall remain and shall be considered legal nonconforming, but no

additional encroachments shall be permitted into any nonconforming setback, unless otherwise

allowed by zoning ordinance or relief is granted by the applicable authority.

     (iv4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the

height of the existing structure, if it exceeds the maximum height of the zoning district, may remain

and shall be considered legal nonconforming, and any rooftop construction shall be included within

the height exemption


 

 

537)

Section

Amended Chapter Numbers:

 

45-24-38

304 and 305

 

 

45-24-38. General provisions -- Substandard lots of record -- Effective January 1, 2024.

     (a) Any city or town adopting or amending a zoning ordinance under this chapter shall

regulate the use or uses development of any single substandard lot of record or contiguous lots of

record at the effective date of adoption or amendment of the zoning ordinance.

     (b) Notwithstanding notwithstanding the failure of that lot or those lots to meet the

dimensional and/or quantitative requirements, and/or road frontage or other access requirements,

applicable in the district as stated in the ordinance, a substandard lot of record shall not be required

to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the

district in which such lot is located. The setback, frontage, and/or lot width requirements for a

structure under this section shall be reduced and the maximum building coverage requirements

shall be increased by the same proportion as the lot area of the substandard lot is to the minimum

lot area requirement of the zoning district in which the lot is located. All proposals exceeding such

reduced requirement shall proceed with a modification request under § 45-24-46 or a dimensional

variance request under § 45-24-41, whichever is applicable.

     (c) Provisions may be made for the merger of contiguous unimproved, or improved and

unimproved, substandard lots of record in the same ownership to create dimensionally conforming

lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the

standards, on a district by district basis, which determine the mergers. The standards shall include,

but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and

the consistency with the comprehensive plan. The merger of lots shall not be required when the

substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the

lots within two hundred feet (200') of the subject lot, as confirmed by the zoning enforcement

officer.


 

 

 

 

 

 

538)

Section

Amended Chapter Numbers:

 

45-24-40

304 and 305

 

 

45-24-40. General provisions — Alteration of nonconforming development; Alteration of uses

established by variance or special use permit — Effective January 1, 2024.

     (a) A zoning ordinance may permit a nonconforming development to be altered under

either of the following conditions:

     (1) The ordinance may establish a special-use permit, authorizing the alteration, which

must be approved by the zoning board of review following the procedure established in this chapter

and in the zoning ordinance; or

     (2) The ordinance may allow the addition and enlargement, expansion, intensification, or

change in use, of nonconforming development either by permit or by right and may distinguish

between the foregoing actions by zoning districts.

     (b) The ordinance may require that the alteration more closely adheres to the intent and

purposes of the zoning ordinance.

     (c) A use established by variance or special use permit shall not acquire the rights of this

section, unless allowed by specific provisions of a municipal zoning ordinance.


 

 

 

539)

Section

Amended Chapter Numbers:

 

45-24-41

304 and 305

 

 

45-24-41. General provisions -Variances – Effective January 1, 2024.

     (a) An application for relief from the literal requirements of a zoning ordinance because of

hardship may be made by any person, group, agency, or corporation by filing with the zoning

enforcement officer or agency an application describing the request and supported by any data and

evidence as may be required by the zoning board of review or by the terms of the ordinance. The

zoning enforcement officer or agency shall immediately transmit each application received to the

zoning board of review and a copy of each application to the planning board or commission.

     (b) A zoning ordinance shall provides provide that the zoning board of review,

immediately upon receipt of an application for a variance in the application of the literal terms of

the zoning ordinance, may request that the planning board or commission and/or staff report its

findings and recommendations, including a statement on the general consistency of the application

with the goals and purposes of the comprehensive plan of the city or town, in writing, to the zoning

board of review within thirty (30) days of receipt of the application from that board. The zoning

board shall hold a public hearing on any application for variance in an expeditious manner, after

receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days

prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of

hearing shall be sent by first-class mail to the applicant, and to at least all those who would require

notice under § 45-24-53. The notice shall also include the street address of the subject property. A

zoning ordinance may require that a supplemental notice, that an application for a variance is under

consideration, be posted at the location in question. The posting is for information purposes only

and does not constitute required notice of a public hearing. The cost of notification shall be borne

by the applicant.

     (c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-

46.4. Requests for dimensional and use variances submitted under a unified development review

provision of a zoning ordinance shall be submitted as part of the subdivision or land-development

application to the administrative officer of the planning board or commission, pursuant to § 45-24-

46.4(a). All subdivision or land-development applications submitted under the unified development

review provisions of a zoning ordinance shall have a public hearing, which shall meet the

requirements of § 45-23-50.1(cd).

     (d) In granting a variance, the zoning board of review, or, where unified development

review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that

evidence to the satisfaction of the following standards is entered into the record of the proceedings:

     (1) That the hardship from which the applicant seeks relief is due to the unique

characteristics of the subject land or structure and not to the general characteristics of the

surrounding area; and is not due to a physical or economic disability of the applicant, excepting

those physical disabilities addressed in § 45-24-30(a)(16);

     (2) That the hardship is not the result of any prior action of the applicant and does not result

primarily from the desire of the applicant to realize greater financial gainand

     (3) That the granting of the requested variance will not alter the general character of the

surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan

upon which the ordinance is based; and

     (4) That the relief to be granted is the least relief necessary.

     (e) The zoning board of review, or, where unified development review is enabled pursuant

to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require

that evidence is entered into the record of the proceedings showing that:

     (1) In granting a use variance, the subject land or structure cannot yield any beneficial use

if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of

neighboring land or structures in the same district and permitted use of lands or structures in an

adjacent district shall not be considered in granting a use variance; and

     (2) In granting a dimensional variance, that the hardship suffered by the owner of the

subject property if the dimensional variance is not granted amounts to more than a mere

inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted

use to which the property is proposed to be devoted. The fact that a use may be more profitable or

that a structure may be more valuable after the relief is granted is not grounds for relief. The zoning

board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the

planning board or commission has the power to grant dimensional variances where the use is

permitted by special-use permit if provided for in the special use permit sections of the zoning

ordinance.


 

 

 

540)

Section

Amended Chapter Numbers:

 

45-24-41

316 and 317

 

 

45-24-41. General provisions — Variances.

     (a) An application for relief from the literal requirements of a zoning ordinance because of

hardship may be made by any person, group, agency, or corporation by filing with the zoning

enforcement officer or agency an application describing the request and supported by any data and

evidence as may be required by the zoning board of review or by the terms of the ordinance. The

zoning enforcement officer or agency shall immediately transmit each application received to the

zoning board of review and a copy of each application to the planning board or commission.

     (b) A zoning ordinance provides that the zoning board of review, immediately upon receipt

of an application for a variance in the application of the literal terms of the zoning ordinance, may

request that the planning board or commission and/or staff report its findings and recommendations,

including a statement on the general consistency of the application with the goals and purposes of

the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty

(30) days of receipt of the application from that board. The zoning board shall hold a public hearing

on any application for variance in an expeditious manner, after receipt, in proper form, of an

application, and shall give public notice at least fourteen (14) days prior to the date of the hearing

in a newspaper of general local circulation in the city or town. Notice of hearing shall be sent by

first-class mail to the applicant, and to at least all those who would require notice under § 45-24-

53. The notice shall also include the street address of the subject property. A zoning ordinance may

require that a supplemental notice, that an application for a variance is under consideration, be

posted at the location in question. The posting is for information purposes only and does not

constitute required notice of a public hearing. The same notice shall be posted in the town or city

clerk's office and one other municipal building in the municipality and the municipality must make

the notice accessible on their the municipal home page of its website at least fourteen (14) days

prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a

notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall

be borne by the applicant.

     (c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-

46.4. Requests for dimensional and use variances submitted under a unified development review

provision of a zoning ordinance shall be submitted as part of the subdivision or land-development

application to the administrative officer of the planning board or commission, pursuant to § 45-24-

46.4(a). All subdivision or land-development applications submitted under the unified development

review provisions of a zoning ordinance shall have a public hearing, which shall meet the

requirements of § 45-23-50.1(c).

     (d) In granting a variance, the zoning board of review, or, where unified development

review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that

evidence to the satisfaction of the following standards is entered into the record of the proceedings:

     (1) That the hardship from which the applicant seeks relief is due to the unique

characteristics of the subject land or structure and not to the general characteristics of the

surrounding area; and is not due to a physical or economic disability of the applicant, excepting

those physical disabilities addressed in § 45-24-30(a)(16);

     (2) That the hardship is not the result of any prior action of the applicant and does not result

primarily from the desire of the applicant to realize greater financial gain;

     (3) That the granting of the requested variance will not alter the general character of the

surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan

upon which the ordinance is based; and

     (4) That the relief to be granted is the least relief necessary.

     (e) The zoning board of review, or, where unified development review is enabled pursuant

to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require

that evidence is entered into the record of the proceedings showing that:

     (1) In granting a use variance, the subject land or structure cannot yield any beneficial use

if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of

neighboring land or structures in the same district and permitted use of lands or structures in an

adjacent district shall not be considered in granting a use variance; and

     (2) In granting a dimensional variance, that the hardship suffered by the owner of the

subject property if the dimensional variance is not granted amounts to more than a mere

inconvenience. The fact that a use may be more profitable or that a structure may be more valuable

after the relief is granted is not grounds for relief. The zoning board of review, or, where unified

development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the

power to grant dimensional variances where the use is permitted by special-use permit if provided

for in the special use permit sections of the zoning ordinance.


 

 

541)

Section

Amended Chapter Numbers:

 

45-24-42

304 and 305

 

 

45-24-42.  Special-use permits -- Effective January 1, 2024.

     (a) A zoning ordinance shall provide for the issuance of special-use permits approved by

the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-

46.4, the planning board or commission.

     (b) The ordinance shall:

     (1) Specify the uses requiring special-use permits in each district. The ordinance may shall

provide for a procedure under which a proposed land use that is not specifically listed may be

presented by the property owner to the zoning board of review or to a local official or agency

charged with administration and enforcement of the ordinance for an evaluation and determination

of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a

special-use permit. Upon such determination, the proposed use may be considered to be a use

requiring a special-use permit;

     (2) Describe the conditions and procedures under which special-use permits, of each of the

various categories of special-use permits established in the zoning ordinance, may shall be issued;

     (3) Establish specific and objective criteria for the issuance of each type of use category of

special-use permit that, which criteria shall be in conformance with the purposes and intent of the

comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any

specific and objective criteria for a special use permit include a determination of consistency with

the comprehensive plan;

     (4) Provide for public hearings and notification of the date, time, place, and purpose of

those hearings to interested parties. Special-use permit requests submitted under a zoning

ordinance’s unified development review provisions shall be heard and noticed in conjunction with

the subdivision or land-development application, according to the requirements of § 45-23-50.1.

Public notice for special-use permits that are not submitted under a zoning ordinance’s unified

development review provisions shall be given at least fourteen (14) days prior to the date of the

hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by

first-class mail to the applicant, and to all those who would require notice under § 45-24-53. The

notice shall also include the street address of the subject property. A zoning ordinance may require

that a supplemental notice, that an application for a special-use permit is under consideration, be

posted at the location in question. The posting is for information purposes only and does not

constitute required notice of a public hearing. The cost of notification shall be borne by the

applicant;

     (5) Provide for the recording of findings of fact and written decisions; and

     (6) Provide that appeals may be taken pursuant to § 45-24-70 or § 45-23-66, dependent on

the board to which application was made.

     (c) If an ordinance does not expressly provide for specific and objective criteria for the

issuance of a category of special use permit such category shall be deemed to be permitted use.

     (c)(d) The ordinance additionally may shall provide that an applicant may apply for, and

be issued, a dimensional variance in conjunction with a special-use permit. If the special use could

not exist without the dimensional variance, the zoning board of review, or, where unified

development review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall

consider the special-use permit and the dimensional variance together to determine if granting the

special use is appropriate based on both the special use criteria and the dimensional variance

evidentiary standards.


 

 

542)

Section

Amended Chapter Numbers:

 

45-24-46

304 and 305

 

 

45-24-46.  Modification -- Effective January 1 2024.

     (a) A zoning ordinance may shall provide for the issuance of modifications or adjustments

from the literal dimensional requirements of the zoning ordinance in the instance of the

construction, alteration, or structural modification of a structure or lot of record. If the ordinance

allows modifications then the The zoning enforcement officer is authorized to grant modification

permits. The zoning ordinance establishes the maximum percent allowed for a modification, which

shall not exceed twenty-five percent (25%), of any of shall permit modifications that are fifteen

percent (15%) or less of the dimensional requirements specified in the zoning ordinance but may

permit modification up to twenty-five percent (25%). A modification does not permit moving of

lot lines. The zoning ordinance shall specify which dimensional requirements or combinations of

these requirements are allowable under a modification. These requirements may differ by use or

zoning district. Within ten (10) days of the receipt of a request for a modification, the zoning

enforcement officer shall make a decision as to the suitability of the requested modification based

on the following determinations:

     (1) The modification requested is reasonably necessary for the full enjoyment of the

permitted use;

     (2) If the modification is granted, neighboring property will neither be substantially injured

nor its appropriate use substantially impaired;

     (3) The modification requested is in harmony with the purposes and intent of the

comprehensive plan and zoning ordinance of the city or town does not require a variance of a flood

hazard requirement, unless the building is built in accordance with applicable regulations; and

     (4) The modification requested does not require a variance of a flood hazard requirement

violate any rules or regulations with respect to freshwater or coastal wetlands.

     (b) Upon an affirmative determination, in the case of a modification of five percent (5%)

or less, the zoning enforcement officer shall have the authority to issue a permit approving the

modification, without any public notice requirements. In the case of a modification of greater than

five percent (5%), the zoning enforcement officer shall notify, by registered or certified first class

mail, all property owners abutting the property which is the subject of the modification request, and

shall indicate the street address of the subject property in the notice, and shall publish in a

newspaper of general local circulation within the city or town that the modification will be granted

unless written objection is received within thirty (30) fourteen (14) days of the public notice. If

written objection is received within thirty (30) fourteen (14) days, the request for a modification

shall be denied. scheduled for the next available hearing before the zoning board of review on

application for a dimensional variance In that case the changes requested will be considered a

request for a variance and may only be issued by the zoning board of review following the standard

procedures for such variances, including notice requirements provided for under this chapter. If no

written objections are received within thirty (30) fourteen (14) days, the zoning enforcement officer

shall grant the modification. The zoning enforcement officer may apply any special conditions to

the permit as may, in the opinion of the officer, be required to conform to the intent and purposes

of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests

for modifications, and of findings, determinations, special conditions, and any objections received.

Costs of any notice required under this subsection shall be borne by the applicant requesting the

modification.


 

 

543)

Section

Amended Chapter Numbers:

 

45-24-46.1

302 and 303

 

 

45-24-46.1. Inclusionary zoning.

     (a) A zoning ordinance requiring the inclusion of affordable housing as part of a

development shall provide that the housing will be affordable housing, as defined in § 42-128-

8.1(d)(1); that the affordable housing will constitute not less than ten percent (10%) twenty-five

percent (25%) of the total units in the development; and that the units will remain affordable for a

period of not less than thirty-years (30) years from initial occupancy enforced through a land lease

and/or deed restriction enforceable by the municipality and the state of Rhode Island. A zoning

ordinance which that requires the inclusion of affordable housing as part of a development shall

specify the threshold in which the inclusion of affordable housing is required, but in no event shall

a minimum threshold triggering the inclusion of affordable housing be higher than ten (10) dwelling

units.

     (b) A zoning ordinance that includes inclusionary zoning may provide that the affordable

housing must be built on-site or utilize one or more alternative methods of production, including,

but not limited to,: off-site construction or rehabilitation,; donation of land suitable for

development of the required affordable units,; and/or the payment of a fee in lieu of the construction

or provision of affordable housing units.

     (c) Density bonus, zoning incentives, and municipal subsidies. For all projects subject to

inclusionary zoning, density bonuses and other incentives shall be established by the community

and shall apply to offset differential costs of below-market units. subject to applicable setback, lot

width, or frontage requirements or the granting of relief from the same, a municipality shall allow

the addition of two (2) market rate units for each affordable unit provided and the minimum lot

area per dwelling unit normally required in the applicable zoning district shall be reduced by that

amount necessary to accommodate the development. Larger density bonuses for the provision of

an increased percentage of affordable housing in a development may be provided by a municipality

in the zoning ordinance. Nothing herein shall prohibit a municipality from providing, or an

applicant from requesting, additional zoning incentives and/or municipal government subsidies as

defined in § 45-53-3 to offset differential costs of affordable units. Available zoning incentives and

municipal government subsidies shall be listed in the zoning ordinance.

     (c) This (d) Fee-in-lieu. To the extent a municipality provides an option for the payment of

a fee-in-lieu of the construction or provision of affordable housing, such fee in lieu of the

construction or provision of affordable housing shall be the choice of the developer or builder

applied on a per-unit basis and may be used for new developments, purchasing property and/or

homes, rehabilitating properties, or any other manner that creates additional low- or-moderate-

income housing as defined in § 45-53-3(9).

     (1) Eligibility for density bonus. Notwithstanding any other provisions of this chapter, an

application which that utilizes a fee-in-lieu of the construction or provision of affordable housing

shall not be eligible for the density bonus outlined in this section.

     (2) An application which that seeks to utilize a fee-in-lieu of the construction or provision

of affordable housing must be permitted by the planning board or commission and is not eligible

for administrative review under the Rhode Island Land Development and Subdivision Review

Enabling Act of 1992, codified at §§ 45-23-25 - 45-23-74.

     (3) Amount of fee-in-lieu. For affordable single-family homes and condominium units, the

per-unit fee shall be the difference between the maximum affordable sales price for a family of four

(4) earning eighty percent (80%) of the area median income as determined annually by the U.S.

Department of Housing and Urban Development and the average cost of developing a single unit

of affordable housing. The average cost of developing a single unit of affordable housing shall be

determined annually based on the average, per-unit development cost of affordable homes financed

by Rhode Island housing and mortgage finance corporation (RIHMFC) over the previous three (3)

years, excluding existing units that received preservation financing.

     (2)(i) Notwithstanding subsection (c)(1) (d)(3) of this section, in no case shall the per-unit

fee for affordable single family homes and condominium units be less than forty thousand dollars

($40,000).

     (d)(4) Use of fee-in-lieu. The municipality shall deposit all in-lieu payments into restricted

accounts that shall be allocated and spent only for the creation and development of affordable

housing within the municipality serving individuals or families at or below eighty percent (80%)

of the area median income. The municipality shall maintain a local affordable housing board to

oversee the funds in the restricted accounts and shall allocate the funds within two (2) years three

(3) years of collection. The municipality shall include in the housing element of their local

comprehensive plan, if applicable, and shall pass by ordinance, the process it will use to allocate

the funds.

     (e) As an alternative to the provisions of subsection (d), the municipality may elect to

transfer in-lieu payments promptly upon receipt or within the two-year (2) three-(3)year (3) period

after receipt. A municipality shall transfer all fee-in-lieu payments which that are not allocated

within three (3) years of collection, including funds held as of July 1, 2024, to the housing resources

commission or Rhode Island housing RIHMFC for the purpose of developing affordable housing

within that community.

     (f) Rhode Island housing Both the municipalities and RIHMFC shall report annually with

the first report due December 31, 2024, to the general assembly, the secretary of housing, and the

housing resources commission the amount of fees in lieu collected by community;, the projects that

were provided funding with the fees, the dollar amounts allocated to the projects, and the number

of units created.


 

 

 

 

 

 

544)

Section

Amended Chapter Numbers:

 

45-24-46.4

308 and 309

 

 

45-24-46.4.  Special provisions -- Unified development review -- Effective January 1, 2024.

     (a) A zoning ordinance may shall provide that review and approval of decision on

dimensional variances, use variances, and/or special-use permits for properties undergoing review

which qualifies for unified development review by the planning board or commission as land

development or subdivision projects pursuant to § 45-23-36 authorized permitting authority, be

conducted and decided by the planning board or commission authorized permitting authority. This

process is to be known as unified development review.

     (b) If unified development review is desired, such review must be enabled within the

zoning ordinance, in accordance with this section, and the The local subdivision and land-

development regulations must be brought into conformance, ordinance and regulation shall provide

for the application and review process pursuant to § 45-23-50.1.

     (c) A zoning ordinance that provides for unified development review shall:

     (1) Specify which types of zoning approval Empower the planning board or commission

shall be empowered authorized permitting authority to grant, grant with conditions, or deny zoning

relief for which types of projects ; and

     (2) Provide that any person, group, agency, or corporation that files an application for an

included land development or subdivision a project under this section may shall also file specific

requests for relief from the literal requirements of a zoning ordinance on the subject property,

pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property,

pursuant to § 45-24-42, by including such within the application to the administrative officer of the

planning board or commission with the other required application materials, pursuant to § 45-23-

50.1(b).

     (d) A zoning ordinance that provides for unified development review may specify design,

use, public benefit, or other relevant criteria that must be met in order for an application to qualify

for review under the unified development review provisions of the zoning ordinance. Certification

as to whether an application meets the established criteria shall be conducted in conjunction with,

and following the time lines outlined for, certification of completeness of the application, pursuant

to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b).

     (e)(d) (e) All land development and subdivision applications that include requests for

variances and/or special-use permits submitted pursuant to this section shall require a public

hearing that meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c).

     (f)(e) (f) In granting requests for dimensional and use variances, the planning board or

commission authorized permitting authority shall be bound to the requirements of §§ 45-24-41(d)

and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the

applicable standards.

     (g)(f) (g) In reviewing requests for special-use permits, the planning board or commission

authorized permitting authority shall be bound to the conditions and procedures under which a

special-use permit may be issued and the criteria for the issuance of such permits, as found within

the zoning ordinance pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24-

42, and shall be required to provide for the recording of findings of fact and written decisions as

described in the zoning ordinance pursuant to § 45-24-42(b)(5) § 45-24-42.

     (h)(g) (h) An appeal from any decision made pursuant to this section may be taken pursuant

to § 45-23-66 § 45-24-71.


 

 

545)

Section

Amended Chapter Numbers:

 

45-24-46-5

5 and 6

 

 

45-24-46.5. Special provisions — Emergency declaration modifications.

     (a) A moratorium is hereby imposed on the enforcement of any municipal ordinance or

zoning regulation that would penalize any food business or food service establishment, as defined

in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or modifications to its business

made in order to comply with any directives, executive orders, or restrictions issued by the

governor, principal executive officer of a political subdivision, or the director of the department of

health based upon an emergency declaration issued pursuant to § 30-15-9 or § 30-15-13.

     (b) The moratorium imposed pursuant to this section shall continue throughout the

emergency declaration and shall remain effective until April 1, 2023 February 15, 2024. During

this period, all approved nonconforming uses adopted to comply with the emergency declaration

shall be permitted to continue.


 

 

546)

Section

Amended Chapter Numbers:

 

45-24-47

308 and 309

 

 

45-24-47.  Special provisions -- Land development projects -- Effective January 1, 2024.

     (a) A zoning ordinance may shall provide for land development projects which are projects

in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a

coordinated site for a complex of uses, units, or structures, including, but not limited to, planned

development and/or cluster development for residential, commercial, institutional, industrial,

recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance are

defined in § 45-23-32.

     (b) A zoning ordinance adopted pursuant to this chapter which that permits or requires the

creation of land development projects in one or more zoning districts shall require that any land

development project is referred to the city or town planning board or commission for approval shall

be reviewed, in accordance with the procedures established by chapter 23 of this title, including

those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to

the procedures, whether or not the land development project constitutes a “subdivision,, as defined

in chapter 23 of this title. No land development project shall be initiated until a plan of the project

has been submitted to the planning board or commission and approval has been granted by the

planning board or commission authorized permitting authority. In reviewing, hearing, and deciding

upon a land development project, the city or town planning board or commission the authorized

permitting authority may be empowered to allow zoning incentives within the project; provided,

that standards for the adjustments zoning incentives are described in the zoning ordinance, and may

be empowered to apply any special conditions and stipulations to the approval that may, in the

opinion of the planning board or commission authorized permitting authority, be required to

maintain harmony with neighboring uses and promote the objectives and purposes of the

comprehensive plan and zoning ordinance.

     (c) In regulating land development projects, an ordinance adopted pursuant to this chapter

may include, but is not limited to, regulations governing the following:

     (1) A minimum area or site size for a land development project;

     (2) Uses to be permitted within the development;

     (3) Ratios of residential to nonresidential uses where applicable;

     (4) Maximum density per lot and maximum density for the entire development, with;

     (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish

between those facilities intended to remain in private ownership or to be dedicated to the public;

and

     (6) Buffer areas, landscaping, screening, and shading.

     (d) In regulating land development projects, an ordinance adopted pursuant to this chapter

shall include provisions for zoning incentives which that include the adjustment of applicable lot

density and dimensional standards where open space is to be permanently set aside for public or

common use, and/or where the physical characteristics, location, or size of the site require an

adjustment, and/or where the location, size, and type of housing, commercial, industrial, or other

use require an adjustment, and/or where housing for low and moderate income families is to be

provided, or where other amenities not ordinarily required are provided, as stipulated in the zoning

ordinance. Provision may be made for adjustment of applicable lot density and dimensional

standards for payment or donation of other land or facilities in lieu of an on-site provision of an

amenity that would, if provided on-site, enable an adjustment;.

     (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish

between those facilities intended to remain in private ownership or to be dedicated to the public;

and

     (6) Buffer areas, landscaping, screening, and shading.

     (d)(e)(1) A zoning ordinance requiring open land in a cluster development or other land

development project for public or common use, shall provide that such open land either: (i) be Be

conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified

use or uses,; or (ii) be Be conveyed to a nonprofit organization, the principal purpose of which is

the conservation of open space or resource protection,; or (iii) be Be conveyed to a corporation or

trust owned or to be owned by the owners of lots or units within the development, or owners of

shares within a cooperative development. If such a corporation or trust is used, ownership shall

pass with conveyances of the lots or units,; or (iv) remain Remain in private ownership if the use

is limited to agriculture, habitat or forestry, and the city or town has set forth in its community

comprehensive plan and zoning ordinance that private ownership is necessary for the preservation

and management of the agricultural, habitat or forest resources.

     (2) In any case where the land is not conveyed to the city or town:

     (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property

in the cluster or other land development project in which the land is located shall be recorded

providing that the land is kept in the authorized condition(s) and not built upon or developed for

accessory uses such as parking or roadway; and

     (ii) The developmental rights and other conservation easements on the land may be held,

in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of

open space or resource protection.

     (3) All open space land provided by a cluster development or other land development

project shall be subject to a community-approved management plan that will specify the permitted

uses for the open space.


 

 

547)

Section

Amended Chapter Numbers:

 

45-24-49

308 and 309

 

 

45-24-49.  Special provisions -- Development plan review -- Effective January 1, 2024.

     (a) A zoning ordinance may shall permit development plan review of applications for uses

requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map

change. The review shall be conducted by the planning board or commission and shall be advisory

to the permitting authority. pursuant to § 45-23-50, (b) A zoning ordinance may permit

development plan review of applications for uses that are permitted by right under the zoning

ordinance, but the review shall only be based on specific and objective guidelines which must be

stated in the zoning ordinance. The review body permitting authority shall also be set forth in and

be established by the zoning ordinance. A rejection of the application shall be considered an

appealable decision pursuant to § 45-24-64.

     (b) The permitting authority may grant relief from the zoning ordinance and may grant

zoning incentives under specific conditions set forth in the zoning ordinance.

     (c) Nothing in this subsection shall be construed to permit waivers of any regulations unless

approved by the permitting authority pursuant to the local ordinance and this act.


 

 

548)

Section

Amended Chapter Numbers:

 

45-24-53

316 and 317

 

 

45-24-53. Adoption — Notice and hearing requirements.

     (a) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing

has been held upon the question before the city or town council. The city or town council shall first

give notice of the public hearing by publication of notice in a newspaper of general local circulation

within the city or town at least once each week for three (3) successive weeks prior to the date of

the hearing, which may include the week in which the hearing is to be held, at which hearing

opportunity shall be given to all persons interested to be heard upon the matter of the proposed

ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the

parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least two (2) weeks prior

to the hearing. The newspaper notice shall be published as a display advertisement, using a type

size at least as large as the normal type size used by the newspaper in its news articles, and The

same notice shall be posted in the town or city clerk's office and one other municipal building in

the municipality and the municipality must make the notice accessible on their the municipal home

page of its website at least fourteen (14) days prior to the hearing. The notice shall:

     (1) Specify the place of the hearing and the date and time of its commencement;

     (2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under

consideration;

     (3) Contain a statement of the proposed amendments to the ordinance that may be printed

once in its entirety, or summarize and describe the matter under consideration as long as the intent

and effect of the proposed ordinance is expressly written in that notice;

     (4) Advise those interested where and when a copy of the matter under consideration may

be obtained or examined and copied; and

     (5) State that the proposals shown on the ordinance may be altered or amended prior to the

close of the public hearing without further advertising, as a result of further study or because of the

views expressed at the public hearing. Any alteration or amendment must be presented for comment

in the course of the hearing.

     (b) Where a proposed general amendment to an existing zoning ordinance includes changes

in an existing zoning map, public notice shall be given as required by subsection (a) of this section.

     (c) Where a proposed text amendment to an existing zoning ordinance would cause a

conforming lot of record to become nonconforming by lot area or frontage, written notice shall be

given to all owners of the real property as shown on the current real estate tax assessment records

of the city or town. The notice shall be given by first-class mail at least two (2) weeks prior to the

hearing at which the text amendment is to be considered, with the content required by subsection

(a). If the city or town zoning ordinance contains an existing merger clause to which the

nonconforming lots would be subject, the notice shall include reference to the merger clause and

the impacts of common ownership of nonconforming lots. The sender of the notice shall utilize and

obtain a United States Postal Service certificate of mailing, and the certificate or an electronic copy

thereof shall be retained to demonstrate proof of the mailing. For any notice sent by first-class mail,

the sender of the notice shall submit a notarized affidavit to attest to such mailing.

     (d) Where a proposed amendment to an existing ordinance includes a specific change in a

zoning district map, but does not affect districts generally, public notice shall be given as required

by subsection (a) of this section, with the additional requirements that:

     (1) Notice shall include a map showing the existing and proposed boundaries, zoning

district boundaries, existing streets and roads and their names, and city and town boundaries where

appropriate; and

     (2) Written notice of the date, time, and place of the public hearing and the nature and

purpose of the hearing shall be sent to all owners of real property whose property is located in or

within not less than two hundred feet (200′) of the perimeter of the area proposed for change,

whether within the city or town or within an adjacent city or town. Notice shall also be sent to any

individual or entity holding a recorded conservation or preservation restriction on the property that

is the subject of the amendment. The notice shall be sent by registered, certified, or first-class mail

to the last known address of the owners, as shown on the current real estate tax assessment records

of the city or town in which the property is located; provided, for any notice sent by first-class mail,

the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing,

PS form 3817, or any applicable version thereof, to demonstrate proof of submit a notarized

affidavit to attest to such mailing.

     (e) Notice of a public hearing shall be sent by first-class mail to the city or town council of

any city or town to which one or more of the following pertain:

     (1) That is located in or within not less than two hundred feet (200′) of the boundary of the

area proposed for change; or

     (2) Where there is a public or quasi-public water source, or private water source that is

used, or is suitable for use, as a public water source, within two thousand feet (2,000′) of any real

property that is the subject of a proposed zoning change, regardless of municipal boundaries.

     (f) Notice of a public hearing shall be sent to the governing body of any state or municipal

water department or agency, special water district, or private water company that has riparian rights

to a surface water resource or surface watershed that is used, or is suitable for use, as a public water

source and that is within two thousand feet (2,000′) of any real property that is the subject of a

proposed zoning change; provided, that the governing body of any state or municipal water

department or agency, special water district, or private water company has filed with the building

inspector in the city or town a map survey, that shall be kept as a public record, showing areas of

surface water resources and/or watersheds and parcels of land within two thousand feet (2,000′)

thereof.

     (g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each

municipality shall establish and maintain a public notice registry allowing any person or entity to

register for electronic notice of any changes to the zoning ordinance. The city or town shall provide

public notice annually of the existence of the electronic registry by publication of notice in a

newspaper of general circulation within the city or town. In addition, each municipality is hereby

encouraged to provide public notice of the existence of the public notice registry in all of its current

and future communications with the public, including, but not limited to, governmental websites,

electronic newsletters, public bulletins, press releases, and all other means the municipality may

use to impart information to the local community.

     (1) Provided, however, notice pursuant to a public notice registry as per this section does

not alone qualify a person or entity on the public notice registry as an “aggrieved party” under §

45-24-31(4).

     (h) No defect in the form of any notice under this section shall render any ordinance or

amendment invalid, unless the defect is found to be intentional or misleading.

     (i) Costs of any notice newspaper and mailing notices required under this section shall be

borne by the applicant.

     (j) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-

37, the town or city council may limit the change to one of the permitted uses in the zone to which

the subject land is rezoned and impose limitations, conditions, and restrictions, including, without

limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all state or local

governmental agencies or instrumentalities having jurisdiction over the land and use that are the

subject of the zoning change; (2) Those relating to the effectiveness or continued effectiveness of

the zoning change; and/or (3) Those relating to the use of the land as it deems necessary. The

responsible town or city official shall cause the limitations and conditions so imposed to be clearly

noted on the zoning map and recorded in the land evidence records; provided, that in the case of a

conditional zone change, the limitations, restrictions, and conditions shall not be noted on the

zoning map until the zone change has become effective. If the permitted use for which the land has

been rezoned is abandoned or if the land is not used for the requested purpose for a period of two

(2) years or more after the zone change becomes effective, the town or city council may, after a

public hearing, change the land to its original zoning use before the petition was filed. If any

limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action,

that holding shall not cause the remainder of the ordinance to be invalid.

 


 

 

 

 

 

549)

Section

Amended Chapter Numbers:

 

45-24-58

308 and 309

 

 

45-24-58. Administration -- Application procedure -- Effective January 1, 2024.

     The zoning ordinance establishes the various application procedures necessary for the

filing of appeals, requests for variances, special-use permits, development plan reviews, site plan

reviews, and other applications that may be specified in the zoning ordinance as allowed by this

chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning

ordinance provides for the creation of appropriate forms, and for the submission and resubmission

requirements, for each type of application required. A zoning ordinance may establish that a time

period of a certain number of months is required to pass before a successive similar application

may be filed.


 

 

550)

Section

Added Chapter Numbers:

 

45-24-77

323 and 324

 

 

45-24-77. Transit-oriented development pilot program - Effective January 1, 2024.

     (a) Findings and declarations. The general assembly finds and declares that in order to

increase the availability of residential housing near convenient public transportation, alleviate

traffic congestion, and further the goals of chapter 6.2 of title 42, the Act on Climate, enacted in

2021, there is a need to identify growth centers for higher density housing, considering the capacity

for water service, sewer service, transit connections, and employment centers.

     (b) Establishment. To fulfill the findings and declarations of this section, a transit-oriented

development pilot program is hereby established which that shall allow municipalities to apply for

funds for residential development.

     (c) Applicability. Effective January 1, 2024, in addition to the criteria to be established by

the department of housing as set forth in subsection (d) of this section, to qualify for the pilot

program, a municipality must have developable land or properties which that is within a one-

quarter (1/4) mile radius of a regional mobility hub or a one-eighth (1/8) mile radius of a frequent

transit stop as such terms are defined in the 2020 Rhode Island transit master plan or its successor

document.

     (d) Authority. The department of housing, in conjunction with input and data from the

department of transportation and division of statewide planning, is hereby authorized to promulgate

rules and regulations consistent with this section which that establish:

     (1) The criteria to qualify for consideration into the pilot program;

     (2) The process for the application, submission requirements and pre-requisites, including,

but not limited to, an established zoning overlay district or other provisions which that provide

increased density for residential development at a minimum of ten units per acre (10 U/A),

mandates for the development of affordable housing, and the easing of dimensional restrictions and

parking requirements for such development;

     (3) Criteria for acceptance into the pilot program;

     (4) Reporting requirements for municipalities accepted into the pilot program; and

     (5) Penalties for lack of compliance with the pilot program regulations.

     (e) Reporting. Beginning on December 31, 2024, the department of housing shall publish

an annual report regarding development under this pilot program, funds distributed and/or

committed, and such report shall include categories of metrics and data agreed upon by the

department of housing, department of transportation, and the participating municipalities.

 


 

 

 

 

 

551)

Section

Amended Chapter Numbers:

 

45-24.1-3

15 and 16

 

 

45-24.1-3. Creation of commission authorized — Membership appointment — Term

of office. [Effective January 1, 2023.]

     (a) In order to carry out the purposes of this chapter any city or town council shall have the

authority to create a commission called the historic district commission. The membership of a

commission in a city shall consist of seven (7) qualified members, and in a town shall consist of

not less than three (3) nor more than seven (7) qualified members, whose residence is located in

the city or town; and provided, that the historic district commission of the city of Providence shall

consist of eleven (11) qualified members, two (2) of whom shall be members of the city council

elected by the city council from its councilmanic members to serve for a term of four (4) years. In

a city the members shall be appointed by the mayor, except as provided in the case of the historic

district commission of the city of Providence, and in a town, by the president of the town council.

Members of an historic district commission shall be residents of the city or town.

     (b) The appointed members of the commission shall be appointed for three-year (3) terms,

except the initial appointments of some of the members shall be for less than three (3) years so that

the initial appointments are staggered and so that subsequent appointments do not reoccur at the

same time.

     (c) Any city or town has the right to name an auxiliary member of the commission

appointed in addition to the regular members of the commission; provided, that the city of Newport

and the town of Bristol shall have the right to appoint two (2) auxiliary members to its their historic

district commission commissions. An auxiliary member shall sit as an active member, upon the

request of the chair, when and if a regular member of the commission is unable to serve at any

meeting of the commission.

     (d) Appointed members of the commission are eligible for reappointment, and, upon the

expiration of their term, shall continue to serve until replaced unless otherwise provided for in local

law.

     (e) In the event of a vacancy on the commission, interim appointments of appointed

members may be made by the appointing authority to complete the unexpired term of the position.

     (f) Organized and existing preservation societies may present to the appointing authority

of a city or town a list of qualified citizens, from which list the appointing authority may select

members of the commission for his or her respective city or town.

     (g) Members of a commission shall serve without compensation.

     (h) Members of a commission shall be required to participate in continuing education

courses promulgated pursuant to chapter 70 of this title.


 

 

552)

Section

Amended Chapter Numbers:

 

45-53-3

310 and 311

 

 

45-53-3. Definitions -- Effective January 1, 2024.

     The following words, wherever used in this chapter, unless a different meaning clearly

appears from the context, have the following meanings:

     (1) "Adjustment(s)" means a request, or requests by the applicant to seek relief from the

literal use and dimensional requirements of the municipal zoning ordinance and/or the design

standards or requirements of the municipal land development and subdivision regulations. The

standard for the local review board’s consideration of adjustments is set forth in § 45-53-

4(D)(2)(iii)(E)(II)45-53-4(d)(2)(iii)(E)(II).

     (1)(2) “Affordable housing plan” means a component of a housing element, as defined in

§ 45-22.2-4(1), to meet that adresses housing needs in a city or town that is prepared in accordance

with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-

4(b)(1) and (c).

     (2)(3) “Approved affordable housing plan” means an affordable housing plan that has been

approved by the director of administration as meeting the guidelines for the local comprehensive

plan as promulgated by the state planning council; provided, however, that state review and

approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town

having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, §

45-22.2-9, or § 45-22.2-9.

     (3)(4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city

or town pursuant to chapters 22.2 and 22.3 of this title.

     (4)(5) “Consistent with local needs” means reasonable in view of the state need for low-

and moderate-income housing, considered with the number of low-income persons in the city or

town affected and the need to protect the health and safety of the occupants of the proposed housing

or of the residents of the city or town, to promote better site and building design in relation to the

surroundings, or to preserve open spaces, and if the local zoning or land use ordinances,

requirements, and regulations are applied as equally as possible to both subsidized and

unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are

consistent with local needs when imposed by a city or town council after a comprehensive hearing

in a city or town where:

     (i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or

town which has at least 5,000 occupied year-round rental units and the units, as reported in the

latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-

round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round

rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the

year-round housing units reported in the census.

     (ii) The city or town has promulgated zoning or land use ordinances, requirements, and

regulations to implement a comprehensive plan that has been adopted and approved pursuant to

chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides

for low- and moderate-income housing in excess of either ten percent (10%) of the year-round

housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided

in subdivision (4)(i).

     (iii) Multi-family rental units built under a comprehensive permit may be calculated

towards meeting the requirements of a municipality’s low- or moderate-income housing inventory,

as long as the units meet and are in compliance with the provisions of § 45-53-3.1.

     (5)(6) “Infeasible” means any condition brought about by any single factor or combination

of factors, as a result of limitations imposed on the development by conditions attached to the

approval of the comprehensive permit, to the extent that it makes it impossible for a public agency,

nonprofit organization, or limited equity housing cooperative financially or logistically

impracticable for any applicant to proceed in building or operating low- or moderate-income

housing without financial loss, within the limitations set by the subsidizing agency of government

or local review board, on the size or character of the development, on the amount or nature of the

subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the

rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity

housing cooperative applicant.

     (6)(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and

mortgage finance corporation in accordance with § 42-55-5.3(a).

     (7) “Local board” means any town or city official, zoning board of review, planning board

or commission, board of appeal or zoning enforcement officer, local conservation commission,

historic district commission, or other municipal board having supervision of the construction of

buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.

     (8) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if

designated by ordinance as the board to act on comprehensive permits for the town, the zoning

board of review established pursuant to § 45-24-56.

     (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing”

as defined in § 42-128-8.1, and further means any housing whether built or operated by any public

agency or any nonprofit organization or by any limited equity housing cooperative or any private

developer, that is subsidized by a federal, state, or municipal government subsidy under any

program to assist the construction or rehabilitation of housing affordable housing to low- or

moderate-income households, as defined in the applicable federal or state statute, or local ordinance

and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99)

years or such other period that is either agreed to by the applicant and town or prescribed by the

federal, state, or municipal government subsidy program but that is not less than thirty (30) years

from initial occupancy.

     (10) “Meeting local housing needs” means as a result of the adoption of the implementation

program of an approved affordable housing plan and, the absence of unreasonable denial of

applications that are made pursuant to an approved affordable housing plan in order to accomplish

the purposes and expectations of the approved affordable housing plan, and a showing that at least

twenty percent (20%) of the total residential units approved by a local review board or any other

municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-

128-8.1.

     (11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island

housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight

set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4.

     (12) “Municipal government subsidy” means assistance that is made available through a

city or town program sufficient to make housing affordable, as affordable housing is defined in §

42-128-8.1(d)(1); such assistance may shall include a combination of, but is not limited to, direct

financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses

and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any

combination of forms of assistance.


 

 

553)

Section

Amended Chapter Numbers:

 

45-53-4

310 and 311

 

 

45-53-4. Procedure for approval of construction of low- or moderate-income housing --

Effective January 1, 2024.

     (a) Any applicant proposing to build low- or moderate-income housing may submit to the

local review board a single application for a comprehensive permit to build that housing in lieu of

separate applications to the applicable local boards. This procedure is only available for proposals

in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.

     (b) Municipal government subsidies, including adjustments and zoning incentives, are to

be made available to applications under this chapter to offset the differential costs of the low- or

moderate-incoming housing units in a development under this chapter. At a minimum, the

following zoning incentives shall be allowed for projects submitted under this chapter:

     (1) Density bonus. A municipality shall provide an applicant with more dwelling units than

allowed by right under its zoning ordinance in the form of a density bonus to allow an increase in

the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government

subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a minimum, the

following density bonuses for projects submitted under this chapter, provided that the total land

utilized in the density calculation shall exclude wetlands,; wetland buffers,; area devoted to

infrastructure necessary for development; and easements or rights of way of record:

     (i) For properties connected to public sewer and water, or eligible to be connected to public

sewer and water based on written confirmation from each respective service provider, the density

bonus for a project which that provides at least twenty-five percent (25%) low- and moderate-

income housing shall be at least five (5) units per acre;

     (ii) For properties connected to public sewer and water, or eligible to be connected to public

sewer and water based on written confirmation from each respective service provider, the density

bonus for a project which that provides at least fifty percent (50%) low- and moderate-income

housing shall be at least nine (9) units per acre;

     (iii) For properties connected to public sewer and water, or eligible to be connected to

public sewer and water based on written confirmation from each respective service provider, the

density bonus for a project which that provides one hundred percent (100%) low- and moderate-

income housing shall be at least twelve (12) units per acre;

     (iv) For properties not connected to either public water or sewer or both, but which provide

competent evidence as to the availability of water to service the development and/or a permit for

on-site wastewater treatment facilities to service the dwelling units from the applicable state

agency, the density bonus for a project which that provides at least twenty-five percent (25%) low-

and moderate-income housing shall be at least three (3) units per acre;

     (v) For properties not connected to either public water or sewer or both, but which provide

competent evidence as to the availability of water to service the development and/or a permit for

on-site wastewater treatment facilities to service the dwelling units from the applicable state

agency, the density bonus for a project which that provides at least fifty percent (50%) low- and

moderate-income housing shall be at least five (5) units per acre;

     (vi) For properties not connected to either public water or sewer or both, but which provide

competent evidence as to the availability of water to service the development and/or a permit for

on-site wastewater treatment facilities to service the dwelling units from the applicable state

agency, the density bonus for a project which that provides one hundred percent (100%) low- and

moderate-income housing shall be at least eight (8) units per acre;

     (2) Parking. A municipality shall not require more than one off-street parking space per

dwelling unit for units up to and including two (2) bedrooms in applications submitted under this

chapter;

     (3) Bedrooms. A municipality shall not limit the number of bedrooms for applications

submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single

family dwelling units;

     (4) Floor area. A municipality shall not utilize floor area requirements to limit any

application, except as provided by § 45-24.3-11;

     (c) A municipality shall not restrict comprehensive permit applications and permits by any

locally adopted ordinance or policy that places a limit or moratorium on the development of

residential units.

     (d) The application and review process for a comprehensive permit shall be as follows:

     (1) Submission requirements. Applications for a comprehensive permit shall include:

     (i) A letter of eligibility issued by the Rhode Island housing and mortgage finance

corporation, or in the case of projects primarily funded by the U.S. Department of Housing and

Urban Development or other state or federal agencies, an award letter indicating the subsidy, or

application in such form as may be prescribed for a municipal government subsidy; and

     (ii) A written request to the local review board to submit a single application to build or

rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local

boards. The written request shall identify the specific sections and provisions of applicable local

ordinances and regulations from which the applicant is seeking relief; and

     (iii) A proposed timetable for the commencement of construction and completion of the

project; and

     (iv) A sample land lease or deed restriction with affordability liens that will restrict use as

low- and moderate-income housing in conformance with the guidelines of the agency providing

the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30)

years; and

     (v) Identification of an approved entity that will monitor the long-term affordability of the

low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include

the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and

acting through its monitoring agents, and these agents shall monitor the long-term affordability of

the low- and moderate-income units pursuant to § 45-53-3.2; and

     (vi) A financial pro-forma for the proposed development; and

     (vii) For comprehensive permit applications: (A) Not involving major land developments

or major subdivisions including, but not limited to, applications seeking relief from specific

provisions of a local zoning ordinance, or involving administrative subdivisions, minor land

developments or minor subdivisions, or other local ordinances and regulations: those items required

by local regulations promulgated pursuant to applicable state law, with the exception of evidence

of state or federal permits; and for comprehensive permit applications; and (B) Involving major

land developments and major subdivisions, unless otherwise agreed to by the applicant and the

town; those items included in the checklist for the master plan in the local regulations promulgated

pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items

included in the checklist for a preliminary plan for a major land development or major subdivision

project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence

of state or federal permits. All required state and federal permits must be obtained prior to the final

plan approval or the issuance of a building permit; and

     (viii) Municipalities may impose fees on comprehensive permit applications that are

consistent with but do not exceed fees that would otherwise be assessed for a project of the same

scope and type but not proceeding under this chapter, provided, however, that the imposition of

such fees shall not preclude a showing by a nonprofit applicant that the fees make the project

financially infeasible; and

     (xi) Notwithstanding the submission requirements set forth above, the local review board

may request additional, reasonable documentation throughout the public hearing, including, but not

limited to, opinions of experts, credible evidence of application for necessary federal and/or state

permits, statements and advice from other local boards and officials.

     (2) Certification of completeness. The application must be certified complete or incomplete

by the administrative officer according to the provisions of § 45-23-36; provided, however, that for

a major land development or major subdivision, the certificate for a master plan shall be granted

within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25)

days. The running of the time period set forth herein will be deemed stopped upon the issuance of

a certificate of incompleteness of the application by the administrative officer and will recommence

upon the resubmission of a corrected application by the applicant. However, in no event will the

administrative officer be required to certify a corrected submission as complete or incomplete less

than ten (10) days after its resubmission. If the administrative officer certifies the application as

incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

     (3)(1) Pre-application conference. Where the comprehensive permit application proposal

is a major land development project or a major subdivision pursuant to chapter 23 of this title a A

municipality may require an applicant proposing a project under this chapter to first schedule

complete, or the applicant proposing a project under this chapter may request a pre-application

conference with the local review board, the technical review committee established pursuant to §

45-23-56, or with the administrative officer for the local review board and other local officials, as

appropriate. To request In advance of a pre-application conference, the applicant shall be required

to submit only a short description of the project in writing including the number of units, type of

housing, density analysis, preliminary list of adjustments needed, as well as a location map, and

conceptual site plan. The purpose of the pre-application conference shall be to review a concept

plan of the proposed development and to elicit feedback from the reviewing person or board. Upon

receipt of a request by an applicant for a pre-application conference, the municipality has shall have

thirty (30) days to schedule and hold the pre-application conference, unless a different timeframe

is agreed to by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-

application submission and no pre-application conference has taken place, nothing shall be deemed

to preclude an applicant from thereafter filing and proceeding with an application for preliminary

plan review for a comprehensive permit.

     (4) Review of applications. An application filed in accordance with this chapter shall be

reviewed by the local review board at a public hearing in accordance with the following provisions:

     (i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit,

the local review board shall immediately notify each local board, as applicable, of the filing of the

application, by sending a copy to the local boards and to other parties entitled to notice of hearings

on applications under the zoning ordinance and/or land development and subdivision regulations

as applicable.

     (ii) Public notice. Public notice for all public hearings will be the same notice required

under local regulations for a public hearing for a preliminary plan promulgated in accordance with

§ 45-23-42. The cost of notice shall be paid by the applicant.

     (iii) Review of minor projects. The review of a comprehensive permit application involving

only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief

from other local regulations or ordinances not otherwise addressed in this subsection, shall be

conducted following the procedures in the applicable local regulations, with the exception that all

minor land developments or minor subdivisions under this section are required to hold a public

hearing on the application, and within ninety-five (95) days of issuance of the certificate of

completeness, or within such further time as is agreed to by the applicant and the local review

board, render a decision.

     (iv) Review of major projects. In the review of a comprehensive permit application

involving a major land development and/or major subdivision, the local review board shall hold a

public hearing on the master plan and shall, within ninety (90) days of issuance of the certification

of completeness, or within such further amount of time as may be agreed to by the local review

board and the applicant, render a decision. Preliminary and final plan review shall be conducted

according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise

specified in this section.

     (2) Preliminary plan review.

     (i) Submission requirements.-- Applications for preliminary plan review under this chapter

shall include:

     (A) A letter of eligibility issued by the Rhode Island housing and mortgage finance

corporation, or in the case of projects primarily funded by the U.S. Department of Housing and

Urban Development or other state or federal agencies, an award letter indicating the subsidy, or

application in such form as may be prescribed for a municipal government subsidy; and

     (B) A letter signed by the authorized representative of the applicant, setting forth the

specific sections and provisions of applicable local ordinances and regulations from which the

applicant is seeking adjustments; and

     (C) A proposed timetable for the commencement of construction and completion of the

project; and

     (D) Those items required by local regulations promulgated pursuant to applicable state law,

with the exception of evidence of state or federal permits; and for comprehensive permit

applications included in the checklist for the preliminary plan review in the local regulations

promulgated pursuant to chapter 23 of title 45; and

     (E) Notwithstanding the submission requirements set forth above, the local review board

may request additional, reasonable documentation throughout the public hearing, including, but not

limited to, opinions of experts, credible evidence of application for necessary federal and/or state

permits, statements and advice from other local boards and officials.

     (ii) Certification of completeness. The preliminary plan application must be certified

complete or incomplete by the administrative officer according to the provisions of § 45-23-36;

provided, however, that the certificate shall be granted within twenty-five (25) days of submission

of the application. The running of the time period set forth herein will be deemed stopped upon the

issuance of a written certificate of incompleteness of the application by the administrative officer

and will recommence upon the resubmission of a corrected application by the applicant. However,

in no event will the administrative officer be required to certify a corrected submission as complete

or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies

the application as incomplete, the officer shall set forth in writing with specificity the missing or

incomplete items.

     (iii) Review of applications. An application filed in accordance with this chapter shall be

reviewed in accordance with the following provisions:

     (A) Public hearing. A public hearing shall be noticed and held as soon as practicable after

the issuance of a certificate of completeness.

     (B) Notice. Public notice for the public hearing will be the same notice required under local

regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42.

The cost of notice shall be paid by the applicant.

     (C) Timeframe for review. The local review board shall render a decision on the

preliminary plan application within ninety (90) days of the date the application is certified

complete, or within a further amount of time that may be consented to by the applicant through the

submission of a written consent.

     (D) Failure to act. Failure of the local review board to act within the prescribed period

constitutes approval of the preliminary plan and a certificate of the administrative officer as to the

failure of the local review board to act within the required time and the resulting approval shall be

issued on request of the applicant. Further, if the public hearing is not convened or a decision is not

rendered within the time allowed in subsections (c)(2)(iii)(A) and (c)(2)(iii)(C) of this section, the

application is deemed to have been allowed and the preliminary plan approval shall be issued

immediately.

     (v)(E) Required findings for approval. In approving an application, the local review board

shall make positive findings, supported by legally competent evidence on the record that discloses

the nature and character of the observations upon which the fact finders acted, on each of the

following standard provisions, where applicable:

     (A)(I) The proposed development is consistent with local needs as identified in the local

comprehensive community plan with particular emphasis on the community’s affordable housing

plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

     (B)(II) The proposed development is in compliance with the standards and provisions of

the municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or

waived adjustments are requested by the applicant, that local concerns that have been affected by

the relief granted do not outweigh the state and local need for low- and moderate-income housing.

     (C)(III) All low- and moderate-income housing units proposed are integrated throughout

the development; are compatible in scale and architectural style to the market rate units within the

project; and will be built and occupied prior to, or simultaneous with the construction and

occupancy of any market rate units.

     (D) There will be no significant negative environmental impacts from the proposed

development as shown on the final plan, with all required conditions for approval.

     (E)(IV) There will be no significant negative impacts on the health and safety of current or

future residents of the community, in areas including, but not limited to, safe circulation of

pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability

of potable water, adequate surface water run-off, and the preservation of natural, historical, or

cultural features that contribute to the attractiveness of the community.

     (F)(V) All proposed land developments and all subdivisions lots will have adequate and

permanent physical access to a public street in accordance with the requirements of § 45-23-60(5).

     (G)(VI) The proposed development will not result in the creation of individual lots with

any physical constraints to development that building on those lots according to pertinent

regulations and building standards would be impracticable, unless created only as permanent open

space or permanently reserved for a public purpose on the approved, recorded plans.

     (vi) The local review board has the same power to issue permits or approvals that any local

board or official who would otherwise act with respect to the application, including, but not limited

to, the power to attach to the permit or approval, conditions, and requirements with respect to

height, site plan, size or shape, or building materials, as are consistent with the terms of this section.

     (vii)(F) Required findings for denial. In reviewing the comprehensive permit request, the

local review board may deny the request for any of the following reasons: (A)(I) If the city or town

has an approved affordable housing plan and is meeting housing needs, and the proposal is

inconsistent with the affordable housing plan; provided that, the local review board also finds that

the municipality has made significant progress in implementing that housing plan; (B)(II) The

proposal is not consistent with local needs, including, but not limited to, the needs identified in an

approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in

conformance with the comprehensive plan; (C)(III) The proposal is not in conformance with the

comprehensive plan; (D)(IV) The community has met or has plans to meet the goal of ten percent

(10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the

occupied rental housing units as defined in § 45-53-3(4)(i) being low- and moderate-income

housing; provided that, the local review board also finds that the community has achieved or has

made significant progress towards meeting the goals required by this section; or (E)(V) Concerns

for the environment and the health and safety of current residents have not been adequately

addressed.

     (iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with the

right to extend for two (2), one-year extensions upon written request by the applicant, who must

appear before the planning board for each annual review and provide proof of valid state or federal

permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause

shown, if requested, in writing by the applicant, and approved by the local review board. The

vesting for the preliminary plan approval includes all ordinance provisions and regulations at the

time of the approval, general and specific conditions shown on the approved preliminary plan

drawings and supporting material.

     (3) Final plan review. The second and final stage of review for the comprehensive permit

project shall be done administratively, unless an applicant has requested and been granted any

waivers from the submission of checklist items for preliminary plan review, and then, at the local

review board's discretion, it may vote to require the applicant to return for final plan review and

approval.

     (i) Submission requirements. -- Applications for final plan review under this chapter shall

include:

     (A) All required state and federal permits must be obtained prior to the final plan approval

or the issuance of a building permit; and

     (B) A draft monitoring agreement which identifies an approved entity that will monitor the

long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and

     (C) A sample land lease or deed restriction with affordability liens that will restrict use as

low- and moderate-income housing in conformance with the guidelines of the agency providing

the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30)

years; and

     (D) Those items required by local regulations promulgated pursuant to applicable state law

included in the checklist for final plan review in the local regulations promulgated pursuant to

chapter 23 of title 45, including, but not limited to:

     (I) Arrangements for completion of the required public improvements, including

construction schedule and/or financial guarantees; and

     (II) Certification by the tax collector that all property taxes are current; and

     (III) For phased projects, the final plan for phases following the first phase, shall be

accompanied by copies of as-built drawings not previously submitted of all existing public

improvements for prior phases.

     (ii) Certification of completeness. The final plan application must be certified complete or

incomplete by the administrative officer according to the provisions of § 45-23-36; provided

however, that, the certificate shall be granted within twenty-five (25) days of submission of the

application. The running of the time period set forth herein will be deemed stopped upon the

issuance of a written certificate of incompleteness of the application by the administrative officer

and will recommence upon the resubmission of a corrected application by the applicant. However,

in no event will the administrative officer be required to certify a corrected submission as complete

or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies

the application as incomplete, the officer shall set forth in writing with specificity the missing or

incomplete items.

     (iii) Review of applications.

     (A) Timeframe for review. The reviewing authority shall render a decision on the final plan

application within forty-five (45) days of the date the application is certified complete.

     (B) Modifications and changes to plans:

     (I) Minor changes, as defined in the local regulations, to the plans approved at preliminary

plan may be approved administratively, by the administrative officer, whereupon final plan

approval may be issued. The changes may be authorized without additional public hearings, at the

discretion of the administrative officer. All changes shall be made part of the permanent record of

the project application. This provision does not prohibit the administrative officer from requesting

a recommendation from either the technical review committee or the local review board. Denial of

the proposed change(s) shall be referred to the local review board for review as a major change.

     (II) Major changes, as defined in the local regulations, to the plans approved at preliminary

plan may be approved only by the local review board and must follow the same review and public

hearing process required for approval of preliminary plans as described in subsection (c)(2)(iii) of

this section.

     (III) The administrative officer shall notify the applicant in writing within fourteen (14)

days of submission of the final plan application if the administrative officer is referring the

application to the local review board under this subsection.

     (C) Decision on final plan. An application filed in accordance with this chapter shall be

approved by the administrative officer unless such application does not satisfy conditions set forth

in the preliminary plan approval decision or such application does not have the requisite state and/or

federal approvals or other required submissions, does not post the required improvement bonds, or

such application is a major modification of the plans approved at preliminary plan.

     (D) Failure to act. Failure of the reviewing authority to act within the prescribed period

constitutes approval of the final plan and a certificate of the administrative officer as to the failure

to act within the required time and the resulting approval shall be issued on request of the applicant.

     (iv) Vesting. The approved final plan is vested for a period of two (2) years with the right

to extend for one one-year extension upon written request by the applicant, who must appear before

the planning board for the extension request. Thereafter, vesting may be extended for a longer

period, for good cause shown, if requested, in writing by the applicant, and approved by the local

review board.

     (4) Infeasibility of conditions of approval. The burden is on the applicant to show, by

competent evidence before the local review board, that proposed conditions of approval are

infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable

opportunity to respond to such proposed conditions prior to a final vote on the application.

     (5) Fees. Municipalities may impose fees on comprehensive permit applications that are

consistent with but do not exceed fees that would otherwise be assessed for a project of the same

scope and type, but not proceeding under this chapter; provided, however, the imposition of such

fees shall not preclude a showing by an applicant that the fees make the project financially

infeasible; and

     (6) Recording of written decisions. All written decisions on applications under this chapter

shall be recorded in the land evidence records within twenty (20) days after the local review board's

vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be

mailed within one business day of recording, by any method that provides confirmation of receipt,

to the applicant and to any objector who has filed a written request for notice with the administrative

officer.

     (7) Local review board powers. The local review board has the same power to issue permits

or approvals that any local board or official who would otherwise act with respect to the application,

including, but not limited to, the power to attach to the permit or approval, conditions, and

requirements with respect to height, site plan, size or shape, or building materials, as are consistent

with the terms of this section.

     (viii)(8) Majority vote required. All local review board decisions on comprehensive

permits shall be by majority vote of the members present at the proceeding; provided that, there is

at least a quorum of the local review board present and voting at the proceeding, and may be

appealed by the applicant to the state housing appeals board.

     (ix) If the public hearing is not convened or a decision is not rendered within the time

allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the

relevant approval shall issue immediately; provided, however, that this provision shall not apply to

any application remanded for hearing in any town where more than one application has been

remanded for hearing provided for in § 45-53-6(f)(2).

     (x) Any person aggrieved by the issuance of an approval may appeal to the superior court

within twenty (20) days of the issuance of approval.

     (xi)(9) Construction timetable. A comprehensive permit shall expire unless construction is

started within twelve (12) months and completed within sixty (60) months of the recording of the

final plan approval unless a longer and/or phased period for development is agreed to by the local

review board and the applicant. Low- and moderate-income housing units shall be built and

occupied prior to, or simultaneous with the construction and occupancy of market rate units.

     (xii)(10) For-profit developers -- Limits. A town with an approved affordable housing plan

and that is meeting local housing needs, as defined in this chapter, may by council action limit the

annual total number of dwelling units in comprehensive permit applications from for-profit

developers to an aggregate of one percent (1%) of the total number of year-round housing units in

the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth

elsewhere in this section, the local review board shall have the authority to consider comprehensive

permit applications from for-profit developers, which are made pursuant to this paragraph,

sequentially in the order in which they are submitted.

     (xiii)(11) Report. The local review board of a town with an approved affordable housing

plan shall report the status of implementation to the housing resources commission, including the

disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006,

and for each June 30 thereafter by September 1 through 2010. The housing resources commission

shall prepare by October 15 and adopt by December 31, a report on the status of implementation,

which shall be submitted to the governor, the speaker, and the president of the senate, and the

chairperson of the state housing appeals board, and shall find which towns are not in compliance

with implementation requirements.

     (xiv)(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on

February 13, 2004, to a local review board shall commence hearings within thirty (30) days of

receiving an application remanded by the state housing appeals board pursuant to § 45-53-6(f)(2)

shall be heard as herein provided; in or superior court, as applicable. In any town with more than

one remanded application, applications may be scheduled for hearing in the order in which they

were received, and may be taken up sequentially, with the thirty-day (30) requirement for the

initiation of hearings, commencing upon the decision of the earlier filed application.

     (b)(d)(1) The general assembly finds and declares that in January 2004 towns throughout

Rhode Island have been confronted by an unprecedented volume and complexity of development

applications as a result of private for-profit developers using the provisions of this chapter and that

in order to protect the public health and welfare in communities and to provide sufficient time to

establish a reasonable and orderly process for the consideration of applications made under the

provisions of this chapter, and to have communities prepare plans to meet low- and moderate-

income housing goals, that it is necessary to impose a moratorium on the use of comprehensive

permit applications as herein provided by private for-profit developers; a moratorium is hereby

imposed on the use of the provisions of this chapter by private for-profit developers, which

moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited

prior to expiration and extended to such other date as may be established by law. Notwithstanding

the provisions of subsection (a) of this section, private for-profit developers may not utilize the

procedure of this chapter until the expiration of the moratorium.

     (2) No for-profit developer shall submit a new application for comprehensive permits until

July 1, 2005, except by mutual agreement with the local review board.

     (3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review

board in a town which has submitted a plan in accordance with subsection (c) of this section, shall

not be required to accept an application for a new comprehensive permit from a for-profit developer

until October 1, 2005.

     (c)(e) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i)

shall prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-

income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation.

That the secretary of the planning board or commission of each city or town subject to the

requirements of this paragraph shall report in writing the status of the preparation of the housing

element for low- and moderate-income housing on or before June 30, 2004, and on or before

December 31, 2004, to the secretary of the state planning council, to the chair of the house

committee on corporations and to the chair of the senate committee on commerce, housing and

municipal government. The state housing appeals board shall use said plan elements in making

determinations provided for in § 45-53-6(c)(2).

     (d)(f) If any provision of this section or the application thereof shall for any reason be

judged invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or

of any other provision of this chapter, but shall be confined in its effect to the provision or

application directly involved in the controversy giving rise to the judgment, and a moratorium on

the applications of for-profit developers pursuant to this chapter shall remain and continue to be in

effect for the period commencing on the day this section becomes law [February 13, 2004] and

continue until it shall expire on January 31, 2005, or until amended further.

     (e)(g) In planning for, awarding, and otherwise administering programs and funds for

housing and for community development, state departments, agencies, boards and commissions,

and public corporations, as defined in chapter 18 of title 35, shall among the towns subject to the

provision of § 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an

approved affordable housing plan. The director of administration shall adopt not later than January

31, 2005, regulations to implement the provisions of this section.

     (f)(h) Multi-family rental units built under a comprehensive permit may be calculated

towards meeting the requirements of a municipality’s low- or moderate-income housing inventory,

as long as the units meet and are in compliance with the provisions of § 45-53-3.1.


 

 

 

554)

Section

Amended Chapter Numbers:

 

45-53-4

312 and 313

 

 

45-53-4. Procedure for approval of construction of low- or moderate-income housing.

     (a) Any applicant proposing to build low- or moderate-income housing may submit to the

local review board a single application for a comprehensive permit to build that housing in lieu of

separate applications to the applicable local boards. This procedure is only available for proposals

in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.

The application and review process for a comprehensive permit shall be as follows:

     (1) Submission requirements. Applications for a comprehensive permit shall include:

     (i) A letter of eligibility issued by the Rhode Island housing and mortgage finance

corporation, or in the case of projects primarily funded by the U.S. Department of Housing and

Urban Development or other state or federal agencies, an award letter indicating the subsidy, or

application in such form as may be prescribed for a municipal government subsidy; and

     (ii) A written request to the local review board to submit a single application to build or

rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local

boards. The written request shall identify the specific sections and provisions of applicable local

ordinances and regulations from which the applicant is seeking relief; and

     (iii) A proposed timetable for the commencement of construction and completion of the

project; and

     (iv) A sample land lease or deed restriction with affordability liens that will restrict use as

low- and moderate-income housing in conformance with the guidelines of the agency providing

the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30)

years; and

     (v) Identification of an approved entity that will monitor the long-term affordability of the

low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include

the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and

acting through its monitoring agents, and these agents shall monitor the long-term affordability of

the low- and moderate-income units pursuant to § 45-53-3.2; and

     (vi) A financial pro-forma for the proposed development; and

     (vii) For comprehensive permit applications: (A) Not involving major land developments

or major subdivisions including, but not limited to, applications seeking relief from specific

provisions of a local zoning ordinance, or involving administrative subdivisions, minor land

developments or minor subdivisions, or other local ordinances and regulations: those items required

by local regulations promulgated pursuant to applicable state law, with the exception of evidence

of state or federal permits; and for comprehensive permit applications; and (B) Involving major

land developments and major subdivisions, unless otherwise agreed to by the applicant and the

town; those items included in the checklist for the master plan in the local regulations promulgated

pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items

included in the checklist for a preliminary plan for a major land development or major subdivision

project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence

of state or federal permits. All required state and federal permits must be obtained prior to the final

plan approval or the issuance of a building permit; and

     (viii) Municipalities may impose fees on comprehensive permit applications that are

consistent with but do not exceed fees that would otherwise be assessed for a project of the same

scope and type but not proceeding under this chapter, provided, however, that the imposition of

such fees shall not preclude a showing by a nonprofit applicant that the fees make the project

financially infeasible; and

     (xi) Notwithstanding the submission requirements set forth above, the local review board

may request additional, reasonable documentation throughout the public hearing, including, but not

limited to, opinions of experts, credible evidence of application for necessary federal and/or state

permits, statements and advice from other local boards and officials.

     (2) Certification of completeness. The application must be certified complete or incomplete

by the administrative officer according to the provisions of § 45-23-36; provided, however, that for

a major land development or major subdivision, the certificate for a master plan shall be granted

within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25)

days. The running of the time period set forth herein will be deemed stopped upon the issuance of

a certificate of incompleteness of the application by the administrative officer and will recommence

upon the resubmission of a corrected application by the applicant. However, in no event will the

administrative officer be required to certify a corrected submission as complete or incomplete less

than ten (10) days after its resubmission. If the administrative officer certifies the application as

incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

     (3) Pre-application conference. Where the comprehensive permit application proposal is a

major land development project or a major subdivision pursuant to chapter 23 of this title a

municipality may require an applicant proposing a project under this chapter to first schedule a pre-

application conference with the local review board, the technical review committee established

pursuant to § 45-23-56, or with the administrative officer for the local review board and other local

officials, as appropriate. To request a pre-application conference, the applicant shall submit a short

description of the project in writing including the number of units, type of housing, as well as a

location map. The purpose of the pre-application conference shall be to review a concept plan of

the proposed development. Upon receipt of a request by an applicant for a pre-application

conference, the municipality has thirty (30) days to schedule and hold the pre-application

conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no

pre-application conference has taken place, nothing shall be deemed to preclude an applicant from

thereafter filing and proceeding with an application for a comprehensive permit.

     (4) Review of applications. An application filed in accordance with this chapter shall be

reviewed by the local review board at a public hearing in accordance with the following provisions:

     (i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit,

the local review board shall immediately notify each local board, as applicable, of the filing of the

application, by sending a copy to the local boards and to other parties entitled to notice of hearings

on applications under the zoning ordinance and/or land development and subdivision regulations

as applicable.

     (ii) Public notice. Public notice for all public hearings will be the same notice required

under local regulations for a public hearing for a preliminary plan promulgated in accordance with

§ 45-23-42. The cost of notice shall be paid by the applicant.

     (iii) Review of minor projects. The review of a comprehensive permit application involving

only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief

from other local regulations or ordinances not otherwise addressed in this subsection, shall be

conducted following the procedures in the applicable local regulations, with the exception that all

minor land developments or minor subdivisions under this section are required to hold a public

hearing on the application, and within ninety-five (95) days of issuance of the certificate of

completeness, or within such further time as is agreed to by the applicant and the local review

board, render a decision.

     (iv) Review of major projects. In the review of a comprehensive permit application

involving a major land development and/or major subdivision, the local review board shall hold a

public hearing on the master plan and shall, within ninety (90) days of issuance of the certification

of completeness, or within such further amount of time as may be agreed to by the local review

board and the applicant, render a decision. Preliminary and final plan review shall be conducted

according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise

specified in this section.

     (v) Required findings. In approving an application, the local review board shall make

positive findings, supported by legally competent evidence on the record that discloses the nature

and character of the observations upon which the fact finders acted, on each of the following

standard provisions, where applicable:

     (A) The proposed development is consistent with local needs as identified in the local

comprehensive community plan with particular emphasis on the community’s affordable housing

plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

     (B) The proposed development is in compliance with the standards and provisions of the

municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or

waived local concerns that have been affected by the relief granted do not outweigh the state and

local need for low- and moderate-income housing.

     (C) All low- and moderate-income housing units proposed are integrated throughout the

development; are compatible in scale and architectural style to the market rate units within the

project; and will be built and occupied prior to, or simultaneous with the construction and

occupancy of any market rate units.

     (D) There will be no significant negative environmental impacts from the proposed

development as shown on the final plan, with all required conditions for approval.

     (E) There will be no significant negative impacts on the health and safety of current or

future residents of the community, in areas including, but not limited to, safe circulation of

pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability

of potable water, adequate surface water run-off, and the preservation of natural, historical, or

cultural features that contribute to the attractiveness of the community.

     (F) All proposed land developments and all subdivisions lots will have adequate and

permanent physical access to a public street in accordance with the requirements of § 45-23-60(5).

     (G) The proposed development will not result in the creation of individual lots with any

physical constraints to development that building on those lots according to pertinent regulations

and building standards would be impracticable, unless created only as permanent open space or

permanently reserved for a public purpose on the approved, recorded plans.

     (vi) The local review board has the same power to issue permits or approvals that any local

board or official who would otherwise act with respect to the application, including, but not limited

to, the power to attach to the permit or approval, conditions, and requirements with respect to

height, site plan, size or shape, or building materials, as are consistent with the terms of this section.

     (vii) In reviewing the comprehensive permit request, the local review board may deny the

request for any of the following reasons: (A) If the city or town has an approved affordable housing

plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing

plan; provided that, the local review board also finds that the municipality has made significant

progress in implementing that housing plan; (B) The proposal is not consistent with local needs,

including, but not limited to, the needs identified in an approved comprehensive plan, and/or local

zoning ordinances and procedures promulgated in conformance with the comprehensive plan; (C)

The proposal is not in conformance with the comprehensive plan; (D) The community has met or

has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an urban

town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 45-53-3(4)(i)

being low- and moderate-income housing; provided that, the local review board also finds that the

community has achieved or has made significant progress towards meeting the goals required by

this section; or (E) Concerns for the environment and the health and safety of current residents have

not been adequately addressed.

     (viii) All local review board decisions on comprehensive permits shall be by majority vote

of the members present at the proceeding; provided that, there is at least a quorum of the local

review board present and voting at the proceeding, and may be appealed by the applicant to the

state housing appeals board.

     (ix) If the public hearing is not convened or a decision is not rendered within the time

allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the

relevant approval shall issue immediately; provided, however, that this provision shall not apply to

any application remanded for hearing in any town where more than one application has been

remanded for hearing provided for in § 45-53-6(f)(2).

     (x) Any person aggrieved by the issuance of an approval may appeal to the superior court

within twenty (20) days of the issuance of approval.

     (xi) A comprehensive permit shall expire unless construction is started within twelve (12)

months and completed within sixty (60) months of final plan approval unless a longer and/or phased

period for development is agreed to by the local review board and the applicant. Low- and

moderate-income housing units shall be built and occupied prior to, or simultaneous with the

construction and occupancy of market rate units.

     (xii) A town with an approved affordable housing plan and that is meeting local housing

needs may by council action limit the annual total number of dwelling units in comprehensive

permit applications from for-profit developers to an aggregate of one percent (1%) of the total

number of year-round housing units in the town, as recognized in the affordable housing plan and

notwithstanding the timetables set forth elsewhere in this section, the local review board shall have

the authority to consider comprehensive permit applications from for-profit developers, which are

made pursuant to this paragraph, sequentially in the order in which they are submitted.

     (xiii) The local review board of a town with an approved affordable housing plan shall

report the status of implementation to the housing resources commission, including the disposition

of any applications made under the plan, as of June 30, 2006, by September 1, 2006, and for each

June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare

by October 15 and adopt by December 31, a report on the status of implementation, which shall be

submitted to the governor, the speaker, and the president of the senate, and the chairperson of the

state housing appeals board, and shall find which towns are not in compliance with implementation

requirements.

     (xiv) Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to

commence hearings within thirty (30) days of receiving an application remanded by the state

housing appeals board pursuant to § 45-53-6(f)(2) 45-53-5 or, effective January 1, 2024, § 45-53-

5.1 shall be heard as herein provided; in any town with more than one remanded application,

applications may be scheduled for hearing in the order in which they were received, and may be

taken up sequentially, with the thirty-day (30) requirement for the initiation of hearings,

commencing upon the decision of the earlier filed application.

     (b)(1) The general assembly finds and declares that in January 2004 towns throughout

Rhode Island have been confronted by an unprecedented volume and complexity of development

applications as a result of private for-profit developers using the provisions of this chapter and that

in order to protect the public health and welfare in communities and to provide sufficient time to

establish a reasonable and orderly process for the consideration of applications made under the

provisions of this chapter, and to have communities prepare plans to meet low- and moderate-

income housing goals, that it is necessary to impose a moratorium on the use of comprehensive

permit applications as herein provided by private for-profit developers; a moratorium is hereby

imposed on the use of the provisions of this chapter by private for-profit developers, which

moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited

prior to expiration and extended to such other date as may be established by law. Notwithstanding

the provisions of subsection (a) of this section, private for-profit developers may not utilize the

procedure of this chapter until the expiration of the moratorium.

     (2) No for-profit developer shall submit a new application for comprehensive permits until

July 1, 2005, except by mutual agreement with the local review board.

     (3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review

board in a town which has submitted a plan in accordance with subsection (c) of this section, shall

not be required to accept an application for a new comprehensive permit from a for-profit developer

until October 1, 2005.

     (c) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) shall

prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-

income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation.

That the secretary of the planning board or commission of each city or town subject to the

requirements of this paragraph shall report in writing the status of the preparation of the housing

element for low- and moderate-income housing on or before June 30, 2004, and on or before

December 31, 2004, to the secretary of the state planning council, to the chair of the house

committee on corporations and to the chair of the senate committee on commerce, housing and

municipal government. The state housing appeals board shall use said plan elements in making

determinations provided for in § 45-53-6(c)(2).

     (d) If any provision of this section or the application thereof shall for any reason be judged

invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any

other provision of this chapter, but shall be confined in its effect to the provision or application

directly involved in the controversy giving rise to the judgment, and a moratorium on the

applications of for-profit developers pursuant to this chapter shall remain and continue to be in

effect for the period commencing on the day this section becomes law [February 13, 2004] and

continue until it shall expire on January 31, 2005, or until amended further.

     (e) In planning for, awarding, and otherwise administering programs and funds for housing

and for community development, state departments, agencies, boards and commissions, and public

corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of

§ 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an approved

affordable housing plan. The director of administration shall adopt not later than January 31, 2005,

regulations to implement the provisions of this section.

     (f) Multi-family rental units built under a comprehensive permit may be calculated towards

meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long

as the units meet and are in compliance with the provisions of § 45-53-3.1.


 

 

 

555)

Section

Amended Chapter Numbers:

 

45-53-5

312 and 313

 

 

45-53-5. Appeals -- Judicial review [Effective until January 1, 2024].

     (a) Effective July 1, 2023, until January 1, 2024, at which time the provisions of this section

shall sunset and be repealed and replaced by § 45-53-5.1, any and all existing appeals pending

before the state housing appeals board shall continue to be heard and decided in accordance with

this chapter until December 31, 2023. All appeals shall continue to be filed with the state housing

appeals board in accordance with this chapter until December 31, 2023.

     (a)(b) Whenever an application filed under the provisions of § 45-53-4 is denied, or is

granted with conditions and requirements that make the building or operation of the housing

infeasible, the applicant has the right to appeal to the state housing appeals board (“SHAB”)

established by § 45-53-7, for a review of the application. The appeal shall be taken within twenty

(20) days after the date of the notice recording and posting of the decision by the local review board

by filing with the appeals board a statement of the prior proceedings and the reasons upon which

the appeal is based.

     (b)(c) The appeals board shall immediately notify the local review board of the filing of

the petition for review. Municipalities shall submit the complete local review board record to the

state housing appeals board within thirty (30) days of receiving notification from SHAB that an

appeal has been filed.

     (c) [As amended by P.L. 2022, ch. 208, § 3 and P.L. 2022, ch. 209, § 3.] The appeal shall

be heard by the appeals board within twenty (20) days after the receipt of the applicant’s statement.

Four (4) active members, which may include an alternate, are necessary to conduct a hearing on an

appeal. A stenographic record of the proceedings shall be kept and the appeals board shall render a

written decision and order, based upon a majority vote of members present and voting, stating its

findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days

after the termination of the hearing, unless the time has been extended by mutual agreement

between the appeals board and the applicant. The decision and order may be appealed in the

superior court within twenty (20) days of the issuance of the decision. The review shall be

conducted by the superior court without a jury. The court shall consider the record of the hearing

before the state housing appeals board and, if it appears to the court that additional evidence is

necessary for the proper disposition of the matter, it may allow any party to the appeal to present

that evidence in open court, which evidence, along with the report, constitutes the record upon

which the determination of the court is made.

     (c)(d) [As amended by P.L. 2022, ch. 413, § 1 and P.L. 2022, ch. 414, § 1.] SHAB

decisions shall be made within nine (9) months of the filing of the appeal, which time period may

only be extended for good cause by an affirmative vote of the SHAB to so extend the time, if

circumstances demand more time. Any extension beyond the nine-month (9) period shall be limited

to the least extent reasonable and shall not cumulatively extend the decision period by more than

an additional two (2) monthsFive (5) active members, which may include an alternate, are

necessary to conduct a hearing on appeal. A stenographic record of the proceedings shall be kept

and the appeals board shall render a written decision and order, based upon a majority vote of the

members present at the proceeding; provided that, there is at least a minimum quorum of members

of the appeals board present and voting at the proceeding, stating its findings of fact, and its

conclusions and the reasons for those conclusions, within thirty (30) days after the termination of

the hearing, unless the time has been extended by mutual agreement between the appeals board and

the applicant. The decision and order may be appealed in the superior court within twenty (20) days

of the issuance of the decision. The review shall be conducted by the superior court without a jury.

The court shall consider the record of the hearing before the state housing appeals board and, if it

appears to the court that additional evidence is necessary for the proper disposition of the matter, it

may allow any party to the appeal to present that evidence in open court, which evidence, along

with the report, constitutes the record upon which the determination of the court is made.

     (d)(e) The court shall not substitute its judgment for that of the state housing appeals board

as to the weight of the evidence on questions of fact. The court may affirm the decision of the state

housing appeals board or remand the case for further proceedings, or may reverse or modify the

decision if substantial rights of the appellant have been prejudiced because of findings, inferences,

conclusions, or decisions which are:

     (1) In violation of constitutional, statutory, or ordinance provisions;

     (2) In excess of the authority granted to the state housing appeals board by statute or

ordinance;

     (3) Made upon unlawful procedure;

     (4) Affected by other error of law;

     (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the

whole record; or

     (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

exercise of discretion.

     (e)(f) Any appeal from the superior court to the supreme court pursuant to this section shall

be by writ of certiorari.


 

 

 

556)

Section

Added Chapter Numbers:

 

45-53-5.1

312 and 313

 

 

45-53-5.1. Appeals -- Judicial review [Effective January 1, 2024].

     (a) Effective January 1, 2024, as a replacement to § 45-53-5. A decision of a local review

board may be appealed by the applicant or an aggrieved party, as defined by § 45-24-31, to the

superior court for the county in which the property is situated. The appeal shall be taken within

twenty (20) days after the date of the recording and posting of the decision by the local review

board by filing with the superior court, a complaint which that contains a statement of the prior

proceedings and the reasons upon which the appeal is based. The complaint shall name the local

review board as the appellee and serve the local review board with the appeal within twenty (20)

days of filing of the appeal. If an aggrieved party who or that is not the applicant files an appeal,

the original applicant shall be named as a party and served in the same manner as the local review

board.

     (b) The local review board shall not be required to answer the complaint, but it shall submit

the complete local review board record to superior court within thirty (30) days of receiving service

of the complaint. Should the local review board fail to file the record within thirty (30) days, the

applicant may move for default.

     (c) The appeal shall be expedited and given priority on the court calendar as soon as proof

of service of the complaint on the local review board is filed. The appeal shall be decided as soon

as possible by the superior court, without delay.

     (d) The review shall be conducted by the superior court without a jury. The court shall

consider the record of the hearing before the local review board and, if it appears to the court that

additional evidence is necessary for the proper disposition of the matter, it may allow any party to

the appeal to present that evidence in open court, which evidence, along with the record, constitutes

the record upon which the determination of the court is made.

     (e) The superior court shall review the appeal under the following standards:

     (1) Whether the decision was arbitrary and capricious or clearly erroneous in light of

considerations regarding:

     (i) The consistency of the decision to deny or condition the permit with the approved

affordable housing plan;

     (ii) The extent to which the community meets or plans to meet housing needs, as defined

in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing

low- and moderate-income housing units as a proportion of year-round housing;

     (iii) The consideration of environmental protection;

     (iv) The state’s need for low- and moderate-income housing;

     (v) The need to protect the health and safety of the occupants of the proposed housing or

the residents of the city or town;

     (vi) The need to promote better site and building design in relation to the surroundings or

to preserve open space; and

     (vii) Whether the reasons for denial, local zoning or land use ordinances, requirements and

regulations are applied as equally as possible to both subsidized and unsubsidized housing.

     (f) If the appeal is by an applicant for a decision approving an application with conditions,

the superior court shall, in addition to reviewing the standards and considerations set forth in

subsection (e) of this section, determine whether such conditions and requirements imposed make

the construction or operation of the housing infeasible.

     (g) The court shall not substitute its judgment for that of the local review board as to the

weight of the evidence on questions of fact. The court may affirm the decision of the local review

board or remand the case for further proceedings, or may reverse or modify the decision if

substantial rights of the appellant have been prejudiced because of findings, inferences,

conclusions, or decisions that were arbitrary, capricious or unreasonable.

     (h) An aggrieved party may, within twenty (20) days from the date of entry of the judgment

of superior court, petition the supreme court of the state of Rhode Island for a writ of certiorari to

review any questions of law involved. The petition for a writ of certiorari shall set forth the errors

claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court

may, if it sees fit, issue its writ of certiorari to the superior court to certify to the supreme court the

record of the record under review, or so much thereof as was submitted to the superior court by the

parties, together with any additional record of the proceedings in the superior court.

     (i) Effective January 1, 2024, all matters pending before the state housing appeals board

shall be transferred to superior court for the county in which the property is situated by the applicant

filing a complaint in superior court and providing a copy of the complaint to the attorney

representing the local review board within ten (10) days of filing. An applicant with an appeal

pending before the state housing appeals board shall have until March 1, 2024, to file the complaint

transferring the matter to superior court for the county in which the property is situated. The parties

shall be required to file the entire record before the state housing appeals board with superior court

within forty-five (45) days of the filing of the complaint.

     (j) Effective January 1, 2024, this section shall replace the provisions of § 45-53-5 and any

reference in the general laws to § 45-53-5 shall mean §45-53-5.1.


 

 

 

557)

Section

Amended Chapter Numbers:

 

45-53-6

312 and 313

 

 

45-53-6. Powers of state housing appeals board[Effective until January 1, 2024].

     (a) Effective until January 1, 2024, the The state housing appeals board shall have the

powers to: (i) Adopt, amend, and repeal rules and regulations that are consistent with this chapter

and are necessary to implement the requirements of §§ 45-53-5, 45-53-6, and 45-53-7; (ii) Receive

and expend state appropriations; and (iii) Establish a reasonable fee schedule, which may be

waived, to carry out its duties.

     (b) In hearing the appeal, the state housing appeals board shall determine whether: (i) In

the case of the denial of an application, the decision of the local review board was consistent with

an approved affordable housing plan, or if the town does not have an approved affordable housing

plan, was reasonable and consistent with local needs; and (ii) In the case of an approval of an

application with conditions and requirements imposed, whether those conditions and requirements

make the construction or operation of the housing infeasible and whether those conditions and

requirements are consistent with an approved affordable housing plan, or if the town does not have

an approved affordable housing plan, are consistent with local needs.

     (c) In making a determination, the standards for reviewing the appeal include, but are not

limited to:

     (1) The consistency of the decision to deny or condition the permit with the approved

affordable housing plan and/or approved comprehensive plan;

     (2) The extent to which the community meets or plans to meet housing needs, as defined

in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing

low- and moderate-income housing units as a proportion of year-round housing;

     (3) The consideration of the health and safety of existing residents;

     (4) The consideration of environmental protection; and

     (5) The extent to which the community applies local zoning ordinances and review

procedures evenly on subsidized and unsubsidized housing applications alike.

     (d) If the appeals board finds, in the case of a denial, that the decision of the local review

board was not consistent with an approved affordable housing plan, or if the town does not have an

approved affordable housing plan, was not reasonable and consistent with local needs, it shall

vacate the decision and issue a decision and order approving the application, denying the

application, or approving with various conditions consistent with local needs. If the appeals board

finds, in the case of an approval with conditions and requirements imposed, that the decision of the

local review board makes the building or operation of the housing infeasible, and/or the conditions

and requirements are not consistent with an approved affordable housing plan, or if the town does

not have an approved affordable housing plan, are not consistent with local needs, it shall issue a

decision and order, modifying or removing any condition or requirement so as to make the proposal

no longer infeasible and/or consistent, and approving the application; provided, that the appeals

board shall not issue any decision and order that would permit the building or operation of the

housing in accordance with standards less safe than the applicable building and site plan

requirements of the federal Department of Housing and Urban Development or the Rhode Island

housing and mortgage finance corporation, whichever agency is financially assisting the housing.

Decisions or conditions and requirements imposed by a local review board that are consistent with

approved affordable housing plans and/or with local needs shall not be vacated, modified, or

removed by the appeals board notwithstanding that the decision or conditions and requirements

have the effect of denying or making the applicant’s proposal infeasible.

     (e) The appeals board or the applicant has the power to enforce the orders of the appeals

board by an action brought in the superior court. The local review board shall carry out the decision

and order of the appeals board within thirty (30) days of its entry and, upon failure to do so, the

decision and order of the appeals board is, for all purposes, deemed to be the action of the local

review board, unless the applicant consents to a different decision or order by the local review

board. The decision and order of the appeals board is binding on the city or town, which shall

immediately issue any and all necessary permits and approvals to allow the construction and

operation of the housing as approved by the appeals board.

     (f) The state housing appeals board shall:

     (1) Upon an appeal of the applicant prior to August 1, 2004, rule on December 1, 2004, on

the substantial completeness of applications as of February 13, 2004, that were affected by the

moratorium established by § 45-53-4(b).

     (i) The determination of substantial completeness shall be based on whether there was on

or before February 13, 2004, substantial completeness of substantially all of the following:

     (A) A written request to the zoning board of review to submit a single application to build

or rehabilitate low- or moderate-income housing in lieu of separate applications to the application

local boards;

     (B) A written list of variances, special use permits and waivers requested to local

requirements and regulations, including local codes, ordinances, bylaws or regulations, including

any requested waivers from the land development or subdivisions regulations, and a proposed

timetable for completion of the project;

     (C) Evidence of site control;

     (D) Evidence of eligibility for a state or federal government subsidy, including a letter from

the funding agency indicating the applicant and the project;

     (E) Site development plans showing the locations and outlines of proposed buildings; the

proposed location, general dimensions, and materials for street, drives, parking areas, walks, and

paved areas; proposed landscaping improvements and open areas within the site; and the proposed

location and types of sewage, drainage, and water facilities;

     (F) A report on existing site conditions and a summary of conditions in the surrounding

areas, showing the location and nature of existing buildings, existing street elevations, traffic

patterns and character of open areas, including wetlands and flood plains, in the neighborhood;

     (G) A tabulation of proposed buildings by type, size (number of bedrooms, floor area) and

ground coverage and a summary showing the percentage of the tract to be occupied by buildings,

by parking and other paved vehicular areas and by open spaces;

     (H) A master plan, if the development proposal is for a major or minor land development

plan or a major or minor subdivision;

     (I) a sample land lease or deed restrictions with affordability liens that will restrict use as

low- and moderate-income housing units for a period of not less than thirty (30) years; and

     (J) The list of all persons entitled to notice in accordance with § 45-24-53.

     (ii) Notwithstanding the provisions of subsection (f)(1) of this section, if the zoning board

of review determined the application to be substantially complete and/or acted in a manner

demonstrating that it considered the application substantially complete for the purposes of

reviewing the application, the state housing appeals board shall consider the application

substantially complete.

     (2) Remand for hearing in accordance with the provisions of § 45-53-4 applications that

are determined to be substantially complete, which hearings may be conducted (or resume) under

the provisions in effect on February 13, 2004, unless the applicant and the board shall mutually

agree that the hearing shall proceed under the provisions in effect on December 1, 2004, which

hearings may commence on or after January 1, 2005, but shall commence not later than January

31, 2005, on applications in the order in which they were received by the town, unless a different

commencement date is mutually agreed to by the applicant and the local board hearing the

applications; the local review board shall not be obligated to hear, and may deny, any application

affected by the moratorium unless it was determined to be substantially complete in accordance

with the provisions of subsection (f)(1) of this section, and the local review board may require such

additional submissions as may be specified by the town or necessary for the review of the

application.

     (3) Hear and decide appeals, other than those covered by subsection (f)(1) of this section,

for which it took jurisdiction on or before May 1, 2004.

     (4) Continue to hear and decide appeals filed by nonprofit organizations.

     (5) Conduct such other business as may be reasonable and appropriate in order to facilitate

an orderly transfer of activities to the state housing appeals board as it shall be constituted after

January 1, 2005.

     (g) This section shall sunset on January 1, 2024.


 

 

 

558)

Section

Amended Chapter Numbers:

 

45-53-7

312 and 313

 

 

45-53-7. Housing appeals board [Effective until January 1, 2024].

     (a)(1) Effective until January 1, 2024 there There shall be within the state a housing appeals

board consisting of nine (9) voting members and three (3) alternates as follows: one voting member

who shall be from the Center for Justice Rhode Island; one voting member who shall be from Direct

Action for Rights and Equality (DARE); and seven (7) voting members to be appointed by the

governor, who shall include four (4) local officials, who shall not be from the same city or town;

two (2) of whom shall be from a city or town with a population of less than twenty-five thousand

(25,000); and two (2) of whom shall be from a city or town with a population of twenty-five

thousand (25,000) or greater, and shall include one local zoning board member, one local planning

board member, one city council member and one town council member, one of the local official

members shall be designated by the governor as the alternative local official member who shall be

a voting member of the board only in the event that one or more of the other three (3) local officials

is unable to serve at a hearing; one affordable housing developer; one affordable housing advocate;

one representative of the business community; and one attorney knowledgeable in land use

regulation, who should be chairperson of the board. There shall be two (2) additional alternates

appointed by the governor chosen from candidates submitted by realtors or developers doing

business in the state and the alternates shall rotate service as a voting member at the discretion of

the chairperson.

     (2) Those members of the board as of July 2, 2004, who were appointed to the board by

members of the general assembly shall cease to be members of the board on July 2, 2004, and the

governor shall thereupon nominate four (4) new members each of whom shall serve for the balance

of the current term of his or her predecessor.

     (3) All other members of the commission as of July 2, 2004, shall continue to serve for the

duration of their current terms.

     (4) All gubernatorial appointments made under this section after July 2, 2004, shall be

subject to the advice and consent of the senate.

     (b)(1) All appointments are for two-year (2) terms; except as otherwise provided in

subsection (a)(2) of this section, the terms of members appointed after December 31, 2004, shall

be for three (3) years. Each member who is duly appointed or continued in office after January 1,

2005, shall hold office for the term for which the member is appointed and until the member’s

successor shall have been appointed and qualified, or until the member’s earlier death, resignation,

or removal. A member shall receive no compensation for his or her services, but shall be reimbursed

by the state for all reasonable expenses actually and necessarily incurred in the performance of his

or her official duties. The board shall hear all petitions for review filed under § 45-53-5, and shall

conduct all hearings in accordance with the rules and regulations established by the chair. Rhode

Island housing shall provide space, and clerical and other assistance, as the board may require.

     (2) Provided, effective January 1, 2023, the Rhode Island housing resources commission

(the “commission”) established pursuant to chapter 128 of title 42 shall provide all space, and

clerical and other assistance, as the board may require. All duties and responsibilities of Rhode

Island housing resources commission as to providing space, clerical and other assistance to the

board pursuant to subsection (b)(1) of this section shall be transferred to the commission effective

January 1, 2023.

     (c) This section shall sunset on January 1, 2024.


 

 

 

559)

Section

Amended Chapter Numbers:

 

45-67-10

109 and 110

 

 

45-67-10. Exemptions.

     (a) The exemption waiver provided by the public utilities commission to BIPCo from the

terms of § 39-1-27 shall also apply to the utility district and the public utilities commission shall

have the authority to provide such other waivers from this section as may be in the public interest.

     (b) The utility district shall, from time to time, submit plans to the public utilities

commission on retail choice as defined in § 39-1-27.3. The public utilities commission shall have

the authority to approve those plans as may be in the interests of all ratepayers of the utility district,

including the option of not offering retail choice. Any waiver on retail choice granted by the public

utilities commission to BIPCo shall also apply to the utility district.

     (c) The exemptions provided for the Pascoag utility district and BIPCo under §§ 39-1-

27.3.1, 39-1-27.12, 39-2-1.2(b), 39-2-25, 39-26.1-1 through and including 39-26.1-6, and chapters

1.1, 26, 26.2, 26.4, and 26.6 of title 39 shall also apply to the Block Island utility district. The utility

district shall be exempt from the provisions of chapter 18 of title 35.

     (d) As long as the utility district has a waiver from the restructuring provisions of § 39-1-

27, then the utility district shall also be granted a waiver from the provisions of § 39-1-27.6 such

that the employees of the utility district may be allowed to provide both electrical generation and

distribution services.


 

 

 

560)

Section

Amended Chapter Numbers:

 

46-12.2-4.3

192 and 193

 

 

46-12.2-4.3. Establishment of the clean energy fund.

     (a)(1) There is hereby authorized and created within the Rhode Island infrastructure bank

a clean energy fund for the purpose of providing technical, administrative, and financial assistance

to a local governmental unit, corporation, or person for projects that include, but are not limited to,

those related to greenhouse gas reduction or elimination, zero-emission technology, clean

transportation, clean heating, energy storage, energy efficient efficiency, renewable energy, and

demand-side management projects. The Rhode Island infrastructure bank shall review and approve

all applications for projects to be financed through the clean energy fund.

     (2) The Rhode Island infrastructure bank shall promulgate rules and regulations to

effectuate the provisions of this section, which may include, without limitation, forms for financial

assistance applications, loan agreements, and other instruments and establishing the process

through which a local governmental unit, corporation, or person may submit an application for

financial assistance from the clean energy fund. All rules and regulations promulgated pursuant to

this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42.

     (b) The Rhode Island infrastructure bank shall have all the powers necessary and

convenient to carry out and effectuate the purposes and provisions of this section including, without

limiting the generality of the preceding statement, the authority:

     (1) To receive and disburse funds as may be available for the purpose of the fund subject

to the provisions of this section;

     (2) To make and enter into binding commitments to provide financial assistance to eligible

borrowers from amounts on deposit in the fund;

     (3) To levy administrative fees on eligible borrowers as necessary to effectuate the

provisions of this section, provided the fees have been previously authorized by an agreement

between the Rhode Island infrastructure bank and the eligible borrower;

     (4) To engage the services of third-party vendors to provide professional services;

     (5) To establish one or more accounts within the fund; and

     (6) Such other authority as granted to the Rhode Island infrastructure bank under this

chapter.

     (c) Subject to the provisions of this section and to any agreements with the holders of any

bonds of the Rhode Island infrastructure bank or any trustee therefor, amounts held by the Rhode

Island infrastructure bank for the account of the fund shall be applied by the Rhode Island

infrastructure bank, either by direct expenditure, disbursement, or transfer to one or more other

funds and accounts held by the Rhode Island infrastructure bank or maintained under any trust

agreement pertaining to bonds, either alone or with other funds of the Rhode Island infrastructure

bank, to the following purposes:

     (1) To provide financial assistance to local governmental units, corporations, or persons to

finance costs of approved projects, as set forth in subsection (a) of this section, and to refinance the

costs of the projects, subject to terms and conditions, if any, as are determined by the Rhode Island

infrastructure bank;

     (2) To fund reserves for bonds of the Rhode Island infrastructure bank and to purchase

insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and

costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance,

and to otherwise provide security for, and a source of payment for, obligations of the Rhode Island

infrastructure bank, by pledge, lien, assignment, or otherwise as provided in this chapter;

     (3) To pay expenses of the Rhode Island infrastructure bank in administering the clean

energy fund;

     (4) To provide a reserve for, or to otherwise secure, amounts payable by borrowers on loans

and obligations outstanding in the event of default thereof; amounts in any account in the fund may

be applied to defaults on loans outstanding to the borrower for which the account was established

and, on a parity basis with all other accounts, to defaults on any loans or obligations outstanding;

and

     (5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or

otherwise as provided in this chapter, any bonds of the Rhode Island infrastructure bank.

     (d) In addition to other remedies of the Rhode Island infrastructure bank under any loan

agreement or otherwise provided by law, the Rhode Island infrastructure bank may also recover

from a borrower, in an action in superior court, any amount due the Rhode Island infrastructure

bank together with any other actual damages the Rhode Island infrastructure bank shall have

sustained from the failure or refusal of the borrower to make the payments or abide by the terms of

the loan agreement.

     (e) The Rhode Island infrastructure bank may create one or more loan loss reserve funds

to serve as further security for any loans made by the Rhode Island infrastructure bank or any bonds

of the Rhode Island infrastructure bank issued to fund projects in accordance with this section.

     (f) To the extent possible, and in accordance with law, the Rhode Island infrastructure bank

shall encourage the use of project labor agreements for projects by local governmental units over

ten million dollars ($10,000,000) and local hiring on projects funded under this section.


 

 

561)

Section

Amended Chapter Numbers:

 

46-23-4.1

269 and 270

 

 

46-23-4.1. Executive director of coastal resources management.

     The council governor shall engage a commissioner appoint, with the advice and consent of

the senate, an executive director of coastal resources management who shall be an employee of the

council and who shall not be a member of the council. The commissioner executive director shall

coordinate and liaison with the director of the department of environmental management, and his

or her the executive director’s staff shall be at the same staff level as the other commissioners

executive directors, and the executive director shall work directly with the other commissioners

division leaders. The commissioner executive director of coastal resources management shall be in

the unclassified service. The duties and powers of the commissioner of coastal resources

management shall be determined by the council. The council shall not engage a commissioner of

coastal resources management for more than five (5) years; provided, however, that the council

may renew its contract with the commissioner of coastal resources management. The primary duty

and responsibility of the executive director shall be to continue planning for and management of

the resources of the state's coastal region.


 

 

562)

Section

Added Chapter Numbers:

 

46-23-26

340 and 341

 

 

46-23-26. The public's rights and privileges of the shore.

     (a) The public's rights and privileges of the shore are established by Article I, Sections 16

and 17 of the Rhode Island Constitution.

     (b) For purposes of this chapter, the "recognizable high tide line" means a line or mark left

upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the

water's surface level at the maximum height reached by a rising tide. The recognizable high tide

line may be determined by a line of seaweed, oil or scum along shore objects, a more or less

continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or

characteristics, or other suitable means that delineate the general height reached by the water's

surface level at a rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or

debris, then the recognizable high tide line means the most seaward line. In the absence of residue

seaweed or other evidence, the recognizable high tide line means the wet line on a sandy or rocky

beach. The line encompasses the water's surface level at spring high tides and other high tides that

occur with periodic frequency, but does not include the water's surface level at storm surges in

which there is a departure from the normal or predicted reach of the water’s surface level due to

the piling up of water against a coast by strong winds, such as those accompanying a hurricane or

other intense storms.

     (c) Notwithstanding any provision of the general laws to the contrary, the public's rights

and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky

beach, up to ten feet (10') landward of the recognizable high tide line; provided, however, that the

public's rights and privileges of the shore shall not be afforded where no passable shore exists, nor

on land above the vegetation line, or on lawns, rocky cliffs, sea walls, or other legally constructed

shoreline infrastructure. Further, no entitlement is hereby created for the public to use amenities

privately owned by other persons or entities, including, but not limited to: cabanas, decks, and

beach chairs.

     (d) Any landowner whose property abuts the shore shall, with respect to the public’s

exercise of rights and privileges of the shore as defined in this chapter, be afforded the liability

limitations pursuant to chapter 6 of title 32.

     (e) The coastal resources management council (CRMC) in collaboration with the

department of environmental management (DEM), shall develop and disseminate information to

educate the public and property owners about the rights set out in this section.

     (f) The CRMC in collaboration with the DEM, and the attorney general, shall determine

appropriate language and signage details for use at shoreline locations.


 

 

563)

Section

Amended Chapter Numbers:

 

46-32-2

257 and 258

 

 

46-32-2. Interim drinking water standard and testing requirements.

     (a) As used in this chapter, “PFAS contaminants” means perfluorooctanoic acid (PFOA),

perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic

acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).

     (b) On or before July 1, 2023, all public water supply systems in the state as defined by §

46-13-2, except transient, non-community water systems as defined by the department of health in

216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS

contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as

follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:

     (1) If monitoring results detect the presence of any PFAS contaminants individually or in

combination in excess of the interim drinking water standard level of twenty parts per trillion (20

ppt), the public water supply system shall conduct continued quarterly monitoring.

     (2) If monitoring results detect the presence of any PFAS contaminants individually or in

combination at a level equal to or below the interim drinking water standard level of twenty parts

per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.

     (3) If monitoring results do not detect the presence of any PFAS contaminants, the public

water supply system shall conduct continued monitoring every two (2) years.

     (c) If monitoring results under subsection (b) of this section confirm the presence of any

PFAS contaminants individually or in combination in excess of the interim drinking water standard

level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a

manner consistent with applicable regulations governing synthetic organic contaminants, including

but not limited to, requiring a confirmation sample, prior to directing the public water supply system

to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking

water of the public water supply system below the interim drinking water standard level.

     (d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts

per trillion (20 ppt), the public water supply system shall provide potable water through other means

to all customers or users of the system. The requirement for a public water supply system to provide

potable water to customers and users of the system through other means shall cease when

monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public

water supply system are below the interim drinking water standard level of twenty parts per trillion

(20 ppt). If the PFAs contaminants exceed the interim drinking water standard, the department

shall, within one-hundred and eighty (180) days of being notified of the exceedance, draft and enter

into a consent agreement with a public water supply system requiring dates for submittal of

construction plans and specifications, prepared and stamped by a professional engineer registered

in accordance with the provisions of chapter 8 of title 5, to the department of health, to implement

treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the

public water supply system to at or below the interim drinking water standard level. If the

department has not approved a consent agreement within one hundred eighty (180) days, the

director of the department will take any and all action necessary to obtain compliance in accordance

with subsection (e) of this section.

     (e) The director of the department of health is authorized to enforce the requirements of

this chapter in accordance with the provisions of chapter 13 of this title and violations will be

subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision

of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions

of chapter 35 of title 42 (the “administrative procedures act”).


 

 

564)

Section

Amended Chapter Numbers:

 

46-32-3

257 and 258

 

 

46-32-3. Drinking water standards for PFAS contaminants.

     If the director of the department of health decides to publish a notice pursuant to the

provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of

health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state

regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt)

for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date

of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended,

modified, or superseded by the provisions of the final rules rule and the maximum contaminant

level, as specified pursuant to § 46-32-4, shall apply to § 46-32-2(d).


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

40)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

70)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

1)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

2)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

8)

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Chapter Numbers:

 

 

 

 

 


 

 

9)

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Chapter Numbers:

 

 

 

 

 


 

 

10)

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

27)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

31

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

39)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

40)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

41)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

42)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

45)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

46)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

48)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

49)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

50)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

51)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

52)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

54)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

55)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

56)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

57)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

58)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

59)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

60)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

61)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

62)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

63)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

64)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

65)

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Chapter Numbers:

 

 

 

 

 


 

 

66)

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Chapter Numbers:

 

 

 

 

 


 

 

67)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

68)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

69)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

70)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

1)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

2)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

3)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

 

4)

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Chapter Numbers:

 

 

 

 

 


 

 

5)

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Chapter Numbers:

 

 

 

 

 


 

 

6)

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Chapter Numbers:

 

 

 

 

 


 

 

7)

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Chapter Numbers:

 

 

 

 

 


 

 

8)

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Chapter Numbers:

 

 

 

 

 


 

 

9)

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Chapter Numbers:

 

 

 

 

 


 

 

10)

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Chapter Numbers:

 

 

 

 

 


 

 

11)

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

13)

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Chapter Numbers:

 

 

 

 

 


 

 

14)

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Chapter Numbers:

 

 

 

 

 


 

 

15)

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Chapter Numbers:

 

 

 

 

 


 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

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Chapter Numbers:

 

 

 

 

 


 

 

 

20)

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Chapter Numbers:

 

 

 

 

 


 

 

 

21)

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Chapter Numbers:

 

 

 

 

 


 

 

22)

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Chapter Numbers:

 

 

 

 

 


 

 

23)

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Chapter Numbers:

 

 

 

 

 


 

 

 

24)

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Chapter Numbers:

 

 

 

 

 


 

 

 

25)

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Chapter Numbers:

 

 

 

 

 


 

 

 

26)

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Chapter Numbers:

 

 

 

 

 


 

 

 

27)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

28)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

29)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

30)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

31

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

32)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

33)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

34)

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Chapter Numbers:

 

 

 

 

 


 

 

 

35)

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Chapter Numbers:

 

 

 

 

 


 

 

 

36)

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Chapter Numbers:

 

 

 

 

 


 

 

37)

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Chapter Numbers:

 

 

 

 

 


 

 

38)

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Chapter Numbers:

 

 

 

 

 


 

 

 

39)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

40)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

41)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

42)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

43)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

44)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

45)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

46)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

47)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

48)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

49)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

50)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

51)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

52)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

53)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

54)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

55)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

56)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

57)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

58)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

59)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

60)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

61)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

62)

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Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

63)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

64)

Section

Chapter Numbers:

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

65)

Section

Chapter Numbers:

 

 

 

 

 


 

 

66)

Section

Chapter Numbers:

 

 

 

 

 


 

 

67)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

68)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

69)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

70)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

1)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

2)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

3)

Section

Chapter Numbers:

 

 

 

 

 


 

 

 

 

 

 

 

4)

Section

Chapter Numbers:

 

 

 

 

 


 

 

5)

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Chapter Numbers:

 

 

 

 

 


 

 

6)

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Chapter Numbers:

 

 

 

 

 


 

 

7)

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Chapter Numbers:

 

 

 

 

 


 

 

8)

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Chapter Numbers:

 

 

 

 

 


 

 

9)

Section

Chapter Numbers:

 

 

 

 

 


 

 

10)

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Chapter Numbers:

 

 

 

 

 


 

 

11)

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Chapter Numbers:

 

 

 

 

 


 

 

12)

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Chapter Numbers:

 

 

 

 

 


 

 

13)

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Chapter Numbers:

 

 

 

 

 


 

 

14)

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Chapter Numbers:

 

 

 

 

 


 

 

15)

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Chapter Numbers:

 

 

 

 

 


 

 

16)

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Chapter Numbers:

 

 

 

 

 


 

 

 

 

17)

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NEW

 

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