2024 -- H 7225 | |
======== | |
LC004143 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL | |
YEAR ENDING JUNE 30, 2025 | |
| |
Introduced By: Representative Marvin L. Abney | |
Date Introduced: January 18, 2024 | |
Referred To: House Finance | |
(Governor) | |
It is enacted by the General Assembly as follows: | |
1 | ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY |
2 | 2025 |
3 | ARTICLE 2 RELATING TO STATE FUNDS |
4 | ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION |
5 | ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS |
6 | ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM |
7 | ARTICLE 6 RELATING TO TAXES AND FEES |
8 | ARTICLE 7 RELATING TO ECONOMIC DEVELOPMENT |
9 | ARTICLE 8 RELATING TO EDUCATION |
10 | ARTICLE 9 RELATING TO HEALTH AND HUMAN SERVICES |
11 | ARTICLE 10 RELATING TO LEASES |
12 | ARTICLE 11 RELATING TO EFFECTIVE DATE |
| |
1 | ARTICLE 1 |
2 | RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2025 |
3 | SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in |
4 | this act, the following general revenue amounts are hereby appropriated out of any money in the |
5 | treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2025. |
6 | The amounts identified for federal funds and restricted receipts shall be made available pursuant to |
7 | section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes |
8 | and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw |
9 | his or her orders upon the general treasurer for the payment of such sums or such portions thereof |
10 | as may be required from time to time upon receipt by him or her of properly authenticated vouchers. |
11 | Administration |
12 | Central Management |
13 | General Revenues 3,654,794 |
14 | Federal Funds |
15 | Federal Funds 33,000,000 |
16 | Federal Funds - State Fiscal Recovery Fund |
17 | Public Health Response Warehouse Support 778,347 |
18 | Health Care Facilities 10,000,000 |
19 | Community Learning Center Programming Support Grant 2,000,000 |
20 | Total - Central Management 49,433,141 |
21 | Legal Services |
22 | General Revenues 2,491,594 |
23 | Accounts and Control |
24 | General Revenues 5,355,257 |
25 | Restricted Receipts - OPEB Board Administration 155,811 |
26 | Restricted Receipts - Grants Management Administration 2,477,997 |
27 | Total - Accounts and Control 7,989,065 |
28 | Office of Management and Budget |
29 | General Revenues 9,915,379 |
30 | Federal Funds |
31 | Federal Funds 101,250 |
32 | Federal Funds – Capital Projects Fund |
33 | CPF Administration 484,149 |
34 | Federal Funds – State Fiscal Recovery Fund |
| LC004143 - Page 2 of 226 |
1 | Pandemic Recovery Office 1,345,998 |
2 | Restricted Receipts 300,000 |
3 | Other Funds 617,223 |
4 | Total - Office of Management and Budget 12,763,999 |
5 | Purchasing |
6 | General Revenues 4,232,292 |
7 | Restricted Receipts 461,480 |
8 | Other Funds 571,626 |
9 | Total - Purchasing 5,265,398 |
10 | Human Resources |
11 | General Revenues 943,668 |
12 | Personnel Appeal Board |
13 | General Revenues 159,290 |
14 | Information Technology |
15 | General Revenues 1,988,147 |
16 | Restricted Receipts 3,379,840 |
17 | Total - Information Technology 5,367,987 |
18 | Library and Information Services |
19 | General Revenues 1,949,487 |
20 | Federal Funds 1,606,151 |
21 | Restricted Receipts 6,990 |
22 | Total - Library and Information Services 3,562,628 |
23 | Planning |
24 | General Revenues 1,175,750 |
25 | Federal Funds 3,050 |
26 | Restricted Receipts 50,000 |
27 | Other Funds |
28 | Air Quality Modeling 24,000 |
29 | Federal Highway - PL Systems Planning 3,597,529 |
30 | State Transportation Planning Match 454,850 |
31 | FTA - Metro Planning Grant 1,453,240 |
32 | Total-Planning 6,758,419 |
33 | General |
34 | General Revenues |
| LC004143 - Page 3 of 226 |
1 | Miscellaneous Grants/Payments 510,405 |
2 | Torts Court Awards 1,350,000 |
3 | Wrongful Conviction Awards 250,000 |
4 | Resource Sharing and State Library Aid 11,475,314 |
5 | Library Construction Aid 2,232,819 |
6 | Restricted Receipts 1,000,000 |
7 | Other Funds |
8 | Rhode Island Capital Plan Funds |
9 | Security Measures State Buildings 975,000 |
10 | Energy Efficiency Improvements 1,000,000 |
11 | Cranston Street Armory 3,250,000 |
12 | State House Renovations 2,209,000 |
13 | Zambarano Buildings and Campus 4,740,000 |
14 | Replacement of Fueling Tanks 700,000 |
15 | Environmental Compliance 725,000 |
16 | Big River Management Area 754,154 |
17 | Shepard Building Upgrades 435,000 |
18 | RI Convention Center Authority 3,590,000 |
19 | Pastore Center Power Plant 250,000 |
20 | Accessibility - Facility Renovations 288,928 |
21 | DoIT Enterprise Operations Center 2,550,000 |
22 | Cannon Building 700,000 |
23 | Old State House 500,000 |
24 | State Office Building 675,000 |
25 | State Office Reorganization & Relocation 250,000 |
26 | William Powers Building 2,400,000 |
27 | Pastore Center Non-Hospital Buildings Asset Protection 9,550,000 |
28 | Washington County Government Center 800,000 |
29 | Chapin Health Laboratory 350,000 |
30 | 560 Jefferson Blvd Asset Protection 1,600,000 |
31 | Arrigan Center 75,000 |
32 | Civic Center 3,550,000 |
33 | Pastore Center Buildings Demolition 9,900,000 |
34 | Veterans Auditorium 400,000 |
| LC004143 - Page 4 of 226 |
1 | Pastore Center Hospital Buildings Asset Protection 4,500,000 |
2 | Pastore Campus Infrastructure 25,000,000 |
3 | Community Facilities Asset Protection 925,000 |
4 | Zambarano LTAC Hospital 7,099,677 |
5 | Medical Examiners - New Facility 50,000 |
6 | Group Home Replacement & Rehabilitation 5,000,000 |
7 | Hospital Consolidation 25,000,000 |
8 | Expo Center 1,220,000 |
9 | Group Homes Consolidation 4,325,000 |
10 | Total - General 142,155,297 |
11 | Debt Service Payments |
12 | General Revenues 165,237,664 |
13 | Other Funds |
14 | Transportation Debt Service 32,887,674 |
15 | Investment Receipts - Bond Funds 100,000 |
16 | Total - Debt Service Payments 198,225,338 |
17 | Energy Resources |
18 | General Revenues 500,000 |
19 | Provided that this amount be allocated to support the electric bicycle rebate program. |
20 | Federal Funds 15,042,632 |
21 | Restricted Receipts 23,217,475 |
22 | Other Funds 4,064,322 |
23 | Total - Energy Resources 42,824,429 |
24 | Rhode Island Health Benefits Exchange |
25 | General Revenues 3,529,116 |
26 | Federal Funds 10,758,473 |
27 | Restricted Receipts 16,139,854 |
28 | Total - Rhode Island Health Benefits Exchange 30,427,443 |
29 | Division of Equity, Diversity & Inclusion |
30 | General Revenues 2,652,119 |
31 | Other Funds 110,521 |
32 | Total - Division of Equity, Diversity & Inclusion 2,762,640 |
33 | Capital Asset Management and Maintenance |
34 | General Revenues 8,267,729 |
| LC004143 - Page 5 of 226 |
1 | Grand Total - Administration 519,398,065 |
2 | Business Regulation |
3 | Central Management |
4 | General Revenues 3,999,763 |
5 | Banking Regulation |
6 | General Revenues 1,904,080 |
7 | Restricted Receipts 63,000 |
8 | Total - Banking Regulation 1,967,080 |
9 | Securities Regulation |
10 | General Revenues 880,722 |
11 | Insurance Regulation |
12 | General Revenues 4,844,248 |
13 | Restricted Receipts 1,872,951 |
14 | Total - Insurance Regulation 6,717,199 |
15 | Office of the Health Insurance Commissioner |
16 | General Revenues 3,444,417 |
17 | Federal Funds 500,000 |
18 | Restricted Receipts 527,468 |
19 | Total - Office of the Health Insurance Commissioner 4,471,885 |
20 | Board of Accountancy |
21 | General Revenues 5,490 |
22 | Commercial Licensing and Gaming and Athletics Licensing |
23 | General Revenues 949,709 |
24 | Restricted Receipts 1,046,895 |
25 | Total - Commercial Licensing and Gaming and Athletics Licensing 1,996,604 |
26 | Building, Design and Fire Professionals |
27 | General Revenues 8,489,335 |
28 | Federal Funds 345,863 |
29 | Restricted Receipts 1,948,472 |
30 | Other Funds |
31 | Quonset Development Corporation 67,300 |
32 | Rhode Island Capital Plan Funds |
33 | Fire Academy Expansion 1,941,000 |
34 | Total - Building, Design and Fire Professionals 12,791,970 |
| LC004143 - Page 6 of 226 |
1 | Office of Cannabis Regulation |
2 | Restricted Receipts 6,814,062 |
3 | Grand Total - Business Regulation 39,644,775 |
4 | Executive Office of Commerce |
5 | Central Management |
6 | General Revenues 2,264,703 |
7 | Quasi-Public Appropriations |
8 | General Revenues |
9 | Rhode Island Commerce Corporation 8,506,041 |
10 | Airport Impact Aid 1,010,036 |
11 | Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be |
12 | distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the |
13 | total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) |
14 | of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2024 |
15 | at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport, |
16 | T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island Commerce |
17 | Corporation shall make an impact payment to the towns or cities in which the airport is located |
18 | based on this calculation. Each community upon which any part of the above airports is located |
19 | shall receive at least $25,000. |
20 | STAC Research Alliance 900,000 |
21 | Innovative Matching Grants/Internships 1,000,000 |
22 | I-195 Redevelopment District Commission 1,245,050 |
23 | Polaris Manufacturing Grant 450,000 |
24 | East Providence Waterfront Commission 50,000 |
25 | Urban Ventures 140,000 |
26 | Chafee Center at Bryant 476,200 |
27 | Industrial Recreational Building Authority Obligations 452,553 |
28 | Other Funds |
29 | Rhode Island Capital Plan Funds |
30 | I-195 Redevelopment District Commission 646,180 |
31 | I-195 Park Improvements 3,000,000 |
32 | Quonset Carrier Pier 2,250,000 |
33 | Quonset Infrastructure 2,500,000 |
34 | Total - Quasi-Public Appropriations 22,626,060 |
| LC004143 - Page 7 of 226 |
1 | Economic Development Initiatives Fund |
2 | General Revenues |
3 | Innovation Initiative 1,000,000 |
4 | Rebuild RI Tax Credit Fund 10,085,000 |
5 | Small Business Promotion 1,000,000 |
6 | Small Business Assistance 2,000,000 |
7 | Destination Marketing 1,400,000 |
8 | Federal Funds |
9 | Federal Funds 20,000,000 |
10 | Federal Funds - State Fiscal Recovery Fund |
11 | Assistance to Impacted Industries 2,000,000 |
12 | Total - Economic Development Initiatives Fund 37,485,000 |
13 | Commerce Programs |
14 | General Revenues |
15 | Wavemaker Fellowship 3,576,400 |
16 | Air Service Development Fund 1,200,000 |
17 | Main Street RI Streetscape Improvement Fund 1,000,000 |
18 | Minority Business Accelerator 500,000 |
19 | Total - Commerce Programs 6,276,400 |
20 | Grand Total - Executive Office of Commerce 68,652,163 |
21 | Housing |
22 | Central Management |
23 | General Revenues 9,840,596 |
24 | Federal Funds 18,530,670 |
25 | Restricted Receipts 7,664,150 |
26 | Grand Total - Housing 36,035,416 |
27 | Labor and Training |
28 | Central Management |
29 | General Revenues 1,763,445 |
30 | Provided that $200,000 shall be allocated to the Workers’ Compensation Advisory Council |
31 | for the purpose of conducting a comprehensive study of the Rhode Island workers’ compensation |
32 | system that shall include an analysis of rates, benefits, and administrative costs. The report shall |
33 | include metrics comparing the Rhode Island workers’ compensation system to other states and shall |
34 | include recommendations for system improvements. The report shall be submitted to the Governor, |
| LC004143 - Page 8 of 226 |
1 | the Speaker of the House of Representatives, and the President of the Senate no later than March |
2 | 31, 2025. |
3 | Restricted Receipts 305,765 |
4 | Total - Central Management 2,069,210 |
5 | Workforce Development Services |
6 | General Revenues 1,109,430 |
7 | Provided that $200,000 of this amount is used to support Year Up. |
8 | Federal Funds 23,836,453 |
9 | Total - Workforce Development Services 24,945,883 |
10 | Workforce Regulation and Safety |
11 | General Revenues 4,833,768 |
12 | Income Support |
13 | General Revenues 3,692,213 |
14 | Federal Funds 18,875,141 |
15 | Restricted Receipts 2,721,683 |
16 | Other Funds |
17 | Temporary Disability Insurance Fund 278,906,931 |
18 | Employment Security Fund 222,700,000 |
19 | Total - Income Support 526,895,968 |
20 | Injured Workers Services |
21 | Restricted Receipts 10,630,130 |
22 | Labor Relations Board |
23 | General Revenues 541,797 |
24 | Governor’s Workforce Board |
25 | General Revenues 6,050,000 |
26 | Provided that $600,000 of these funds shall be used for enhanced training for direct care |
27 | and support services staff to improve resident quality of care and address the changing health care |
28 | needs of nursing facility residents due to higher acuity and increased cognitive impairments |
29 | pursuant to Rhode Island General Laws, Section 23-17.5-36. |
30 | Restricted Receipts 18,379,506 |
31 | Total - Governor’s Workforce Board 24,429,506 |
32 | Grand Total - Labor and Training 594,346,262 |
33 | Department of Revenue |
34 | Director of Revenue |
| LC004143 - Page 9 of 226 |
1 | General Revenues 2,883,605 |
2 | Office of Revenue Analysis |
3 | General Revenues 1,015,848 |
4 | Lottery Division |
5 | Other Funds 422,981,930 |
6 | Municipal Finance |
7 | General Revenues 1,741,697 |
8 | Taxation |
9 | General Revenues 35,022,773 |
10 | Restricted Receipts 4,826,512 |
11 | Other Funds |
12 | Motor Fuel Tax Evasion 175,000 |
13 | Total - Taxation 40,024,285 |
14 | Registry of Motor Vehicles |
15 | General Revenues 31,206,744 |
16 | Federal Funds 805,667 |
17 | Restricted Receipts 3,659,640 |
18 | Total - Registry of Motor Vehicles 35,672,051 |
19 | State Aid |
20 | General Revenues |
21 | Distressed Communities Relief Fund 12,384,458 |
22 | Payment in Lieu of Tax Exempt Properties 49,201,412 |
23 | Motor Vehicle Excise Tax Payments 234,712,307 |
24 | Property Revaluation Program 1,887,448 |
25 | Tangible Tax Exemption Program 28,000,000 |
26 | Provided that all unexpended or unencumbered balances as of June 30, 2025, appropriated |
27 | for tangible tax exemption reimbursements pursuant to Rhode Island General Law, Chapter 44-5.3 |
28 | are hereby reappropriated to the following fiscal year. |
29 | Restricted Receipts 995,120 |
30 | Total - State Aid 327,180,745 |
31 | Collections |
32 | General Revenues 965,438 |
33 | Grand Total - Revenue 832,465,599 |
34 | Legislature |
| LC004143 - Page 10 of 226 |
1 | General Revenues 53,358,280 |
2 | Restricted Receipts 2,431,651 |
3 | Grand Total - Legislature 55,789,931 |
4 | Lieutenant Governor |
5 | General Revenues 1,447,015 |
6 | Secretary of State |
7 | Administration |
8 | General Revenues 5,076,740 |
9 | Provided that $100,000 be allocated to support the Rhode Island Council for the |
10 | Humanities for grant making to civic and cultural organizations, and $50,000 to support Rhode |
11 | Island’s participation in the We the People Civics Challenge. |
12 | Corporations |
13 | General Revenues 2,807,730 |
14 | State Archives |
15 | General Revenues 349,562 |
16 | Restricted Receipts 384,347 |
17 | Other Funds |
18 | Rhode Island Capital Plan Funds |
19 | Rhode Island Archives and History Center 3,757,444 |
20 | Total - State Archives 4,491,353 |
21 | Elections and Civics |
22 | General Revenues 2,489,990 |
23 | Federal Funds 2,001,207 |
24 | Total - Elections and Civics 4,491,197 |
25 | State Library |
26 | General Revenues 649,250 |
27 | Provided that $125,000 be allocated to support the Rhode Island Historical Society and |
28 | $18,000 be allocated to support the Newport Historical Society, pursuant to Sections 29-2-1 and |
29 | 29-2-2 of the Rhode Island General Laws, and $25,000 be allocated to support the Rhode Island |
30 | Black Heritage Society. |
31 | Office of Public Information |
32 | General Revenues 738,969 |
33 | Receipted Receipts 25,000 |
34 | Total - Office of Public Information 763,969 |
| LC004143 - Page 11 of 226 |
1 | Grand Total - Secretary of State 18,280,239 |
2 | General Treasurer |
3 | Treasury |
4 | General Revenues 3,022,950 |
5 | Federal Funds 335,037 |
6 | Other Funds |
7 | Temporary Disability Insurance Fund 247,266 |
8 | Tuition Savings Program - Administration 353,760 |
9 | Total -Treasury 3,959,013 |
10 | State Retirement System |
11 | Restricted Receipts |
12 | Admin Expenses - State Retirement System 11,808,078 |
13 | Retirement - Treasury Investment Operations 2,149,961 |
14 | Defined Contribution - Administration 287,609 |
15 | Total - State Retirement System 14,245,648 |
16 | Unclaimed Property |
17 | Restricted Receipts 2,981,837 |
18 | Crime Victim Compensation |
19 | General Revenues 892,383 |
20 | Federal Funds 427,993 |
21 | Restricted Receipts 380,000 |
22 | Total - Crime Victim Compensation 1,700,376 |
23 | Grand Total - General Treasurer 22,886,874 |
24 | Board of Elections |
25 | General Revenues 5,156,957 |
26 | Rhode Island Ethics Commission |
27 | General Revenues 2,299,337 |
28 | Office of Governor |
29 | General Revenues |
30 | General Revenues 8,321,265 |
31 | Contingency Fund 150,000 |
32 | Grand Total - Office of Governor 8,471,265 |
33 | Commission for Human Rights |
34 | General Revenues 2,055,616 |
| LC004143 - Page 12 of 226 |
1 | Federal Funds 450,110 |
2 | Grand Total - Commission for Human Rights 2,505,726 |
3 | Public Utilities Commission |
4 | Federal Funds 711,984 |
5 | Restricted Receipts 13,739,288 |
6 | Grand Total - Public Utilities Commission 14,451,272 |
7 | Office of Health and Human Services |
8 | Central Management |
9 | General Revenues 56,010,456 |
10 | Federal Funds 203,893,766 |
11 | Provided that $250,000 shall be for the Executive Office to develop an Olmstead Plan. |
12 | Restricted Receipts 45,392,855 |
13 | Total - Central Management 305,297,077 |
14 | Medical Assistance |
15 | General Revenues |
16 | Managed Care 457,974,487 |
17 | Hospitals 119,660,046 |
18 | Nursing Facilities 174,411,630 |
19 | Home and Community Based Services 84,020,529 |
20 | Other Services 169,441,306 |
21 | Pharmacy 107,728,475 |
22 | Rhody Health 239,649,563 |
23 | Federal Funds |
24 | Managed Care 612,367,722 |
25 | Hospitals 238,078,826 |
26 | Nursing Facilities 221,888,370 |
27 | Home and Community Based Services 107,019,363 |
28 | Other Services 798,187,128 |
29 | Pharmacy (628,475) |
30 | Rhody Health 302,471,709 |
31 | Other Programs 21,379,083 |
32 | Restricted Receipts 9,833,144 |
33 | Total - Medical Assistance 3,663,482,906 |
34 | Grand Total - Office of Health and Human Services 3,968,779,983 |
| LC004143 - Page 13 of 226 |
1 | Children, Youth and Families |
2 | Central Management |
3 | General Revenues 14,365,996 |
4 | The director of the department of children, youth and families shall provide to the speaker |
5 | of the house and president of the senate at least every sixty (60) days beginning September 1, 2021, |
6 | a report on its progress implementing the accreditation plan filed in accordance with Rhode Island |
7 | General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The |
8 | report shall, at minimum, provide data regarding recruitment and retention efforts including |
9 | attaining and maintaining a diverse workforce, documentation of newly filled and vacated |
10 | positions, and progress towards reducing worker caseloads. |
11 | Federal Funds 8,118,289 |
12 | Total - Central Management 22,484,285 |
13 | Children's Behavioral Health Services |
14 | General Revenues 7,732,064 |
15 | Federal Funds 9,693,607 |
16 | Total - Children's Behavioral Health Services 17,425,671 |
17 | Youth Development Services |
18 | General Revenues 22,893,954 |
19 | Federal Funds 224,837 |
20 | Restricted Receipts 144,986 |
21 | Other Funds |
22 | Rhode Island Capital Plan Funds |
23 | Training School Asset Protection 250,000 |
24 | Residential Treatment Facility 15,000,000 |
25 | Total - Youth Development Services 38,513,777 |
26 | Child Welfare |
27 | General Revenues 190,681,186 |
28 | Federal Funds 91,871,773 |
29 | Restricted Receipts 558,571 |
30 | Total - Child Welfare 283,111,530 |
31 | Higher Education Incentive Grants |
32 | General Revenues 200,000 |
33 | Provided that these funds and any unexpended or unencumbered previous years’ funding |
34 | are to be used exclusively to fund awards to eligible youth. |
| LC004143 - Page 14 of 226 |
1 | The director of the department of children, youth and families shall provide to the governor, |
2 | speaker of the house and president of the senate a report on higher education participation for |
3 | department affiliated youth. The report due on December 1 and July 1 of each year shall, at |
4 | minimum, include data by institution on the past 180 days regarding amounts awarded, each |
5 | awardee’s unmet need, the number of youth eligible, applications, and awards made by the |
6 | department, and the number of students who dropped out. It shall also include participation |
7 | information on trade school and workforce development programs. |
8 | Grand Total - Children, Youth and Families 361,735,263 |
9 | Health |
10 | Central Management |
11 | General Revenues 3,569,508 |
12 | Federal Funds 9,348,930 |
13 | Restricted Receipts 17,365,961 |
14 | Provided that the disbursement of any indirect cost recoveries on federal grants budgeted |
15 | in this line item that are derived from grants authorized under The Coronavirus Preparedness and |
16 | Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus |
17 | Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116- |
18 | 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the |
19 | Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021 |
20 | (P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management |
21 | and Budget. No obligation or expenditure of these funds shall take place without such approval. |
22 | Total - Central Management 30,284,399 |
23 | Community Health and Equity |
24 | General Revenues 1,151,326 |
25 | Federal Funds 83,451,102 |
26 | Restricted Receipts 80,924,334 |
27 | Total - Community Health and Equity 165,526,762 |
28 | Environmental Health |
29 | General Revenues 7,155,472 |
30 | Federal Funds 11,442,251 |
31 | Restricted Receipts 968,283 |
32 | Total - Environmental Health 19,566,006 |
33 | Health Laboratories and Medical Examiner |
34 | General Revenues 13,340,120 |
| LC004143 - Page 15 of 226 |
1 | Federal Funds 2,515,810 |
2 | Other Funds |
3 | Rhode Island Capital Plan Funds |
4 | Health Laboratories & Medical Examiner Equipment 800,000 |
5 | Department of Health Laboratory Building 3,221,762 |
6 | Total - Health Laboratories and Medical Examiner 19,877,692 |
7 | Customer Services |
8 | General Revenues 8,969,365 |
9 | Federal Funds 7,882,616 |
10 | Restricted Receipts 5,773,607 |
11 | Total - Customer Services 22,625,588 |
12 | Policy, Information and Communications |
13 | General Revenues 998,588 |
14 | Federal Funds 4,095,600 |
15 | Restricted Receipts 1,812,550 |
16 | Total - Policy, Information and Communications 6,906,738 |
17 | Preparedness, Response, Infectious Disease & Emergency Services |
18 | General Revenues 2,169,568 |
19 | Federal Funds 17,503,333 |
20 | Total - Preparedness, Response, Infectious Disease & Emergency Services 19,672,901 |
21 | COVID-19 |
22 | Federal Funds 57,721,419 |
23 | Grand Total - Health 342,181,505 |
24 | Human Services |
25 | Central Management |
26 | General Revenues 6,160,641 |
27 | Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide |
28 | direct services through the Coalition Against Domestic Violence, $25,000 for the Center for |
29 | Southeast Asians, $450,000 to support Project Reach activities provided by the RI Alliance of Boys |
30 | and Girls Clubs, $267,000 is for outreach and supportive services through Day One, $550,000 is |
31 | for food collection and distribution through the Rhode Island Community Food Bank, $500,000 for |
32 | services provided to the homeless at Crossroads Rhode Island, $600,000 for the Community Action |
33 | Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy, |
34 | $75,000 is to support services provided to the immigrant and refugee population through Higher |
| LC004143 - Page 16 of 226 |
1 | Ground International, and $50,000 is for services provided to refugees through the Refugee Dream |
2 | Center. |
3 | The director of the department of human services shall provide to the speaker of the house, |
4 | president of the senate, and chairs of the house and senate finance committees at least every sixty |
5 | (60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer |
6 | serving staff. The report shall include: documentation of newly filled and vacated positions, |
7 | including lateral transfers, position titles, civil service information, including numbers of eligible |
8 | and available candidates, plans for future testing and numbers of eligible and available candidates |
9 | resulting from such testing, impacts on caseload backlogs and call center wait times, as well as |
10 | other pertinent information as determined by the director. |
11 | Federal Funds 8,012,780 |
12 | Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs. |
13 | Restricted Receipts 300,000 |
14 | Total - Central Management 14,473,421 |
15 | Child Support Enforcement |
16 | General Revenues 4,624,506 |
17 | Federal Funds 9,988,214 |
18 | Restricted Receipts 3,823,859 |
19 | Total - Child Support Enforcement 18,436,579 |
20 | Individual and Family Support |
21 | General Revenues 46,482,910 |
22 | Federal Funds 131,396,290 |
23 | Restricted Receipts 705,708 |
24 | Other Funds |
25 | Rhode Island Capital Plan Funds |
26 | Blind Vending Facilities 165,000 |
27 | Food Stamp Bonus Funding 298,874 |
28 | Total - Individual and Family Support 179,048,782 |
29 | Office of Veterans Services |
30 | General Revenues 33,185,642 |
31 | Of this amount, $200,000 is to provide support services through Veterans’ organizations, |
32 | $50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services |
33 | Officers (VSO) program through the Veterans of Foreign Wars. |
34 | Federal Funds 16,618,112 |
| LC004143 - Page 17 of 226 |
1 | Restricted Receipts 1,360,000 |
2 | Other Funds |
3 | Rhode Island Capital Plan Funds |
4 | Veterans Home Asset Protection 760,000 |
5 | Veterans Memorial Cemetery Asset Protection 250,000 |
6 | Total - Office of Veterans Services 52,173,754 |
7 | Health Care Eligibility |
8 | General Revenues 10,634,812 |
9 | Federal Funds 16,821,865 |
10 | Total - Health Care Eligibility 27,456,677 |
11 | Supplemental Security Income Program |
12 | General Revenues 16,521,000 |
13 | Rhode Island Works |
14 | General Revenues 10,139,902 |
15 | Federal Funds 86,480,618 |
16 | Total - Rhode Island Works 96,620,520 |
17 | Other Programs |
18 | General Revenues 2,444,424 |
19 | Of this appropriation, $90,000 shall be used for hardship contingency payments. |
20 | Federal Funds 361,440,000 |
21 | Restricted Receipts 8,000 |
22 | Total - Other Programs 363,892,424 |
23 | Office of Healthy Aging |
24 | General Revenues 11,811,882 |
25 | Of this amount, $325,000 is to provide elder services, including respite, through the |
26 | Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term |
27 | Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for |
28 | housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and |
29 | $1,400,000 is for Senior Services Support and $680,000 is for elderly nutrition, of which $630,000 |
30 | is for Meals on Wheels. |
31 | Federal Funds 15,592,237 |
32 | Restricted Receipt 46,200 |
33 | Other Funds |
34 | Intermodal Surface Transportation Fund 1,082,242 |
| LC004143 - Page 18 of 226 |
1 | Total - Office of Healthy Aging 28,532,561 |
2 | Grand Total - Human Services 797,155,718 |
3 | Behavioral Healthcare, Developmental Disabilities and Hospitals |
4 | Central Management |
5 | General Revenues 2,780,069 |
6 | Federal Funds 1,276,605 |
7 | Total - Central Management 4,056,674 |
8 | Hospital and Community System Support |
9 | General Revenues 1,463,642 |
10 | Federal Funds 400,294 |
11 | Restricted Receipts 67,548 |
12 | Total - Hospital and Community System Support 1,931,484 |
13 | Services for the Developmentally Disabled |
14 | General Revenues 225,785,600 |
15 | Provided that of this general revenue funding, an amount certified by the department shall |
16 | be expended on certain community-based department of behavioral healthcare, developmental |
17 | disabilities and hospitals (BHDDH) developmental disability private provider and self-directed |
18 | consumer direct care service worker raises and associated payroll costs as authorized by BHDDH |
19 | and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree |
20 | Action Plan. Any increase for direct support staff and residential or other community-based setting |
21 | must first receive the approval of BHDDH. |
22 | Federal Funds 283,359,342 |
23 | Provided that of this federal funding, an amount certified by the department shall be |
24 | expended on certain community-based department of behavioral healthcare, developmental |
25 | disabilities and hospitals (BHDDH) developmental disability private provider and self-directed |
26 | consumer direct care service worker raises and associated payroll costs as authorized by BHDDH |
27 | and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree |
28 | Action Plan. Any increase for direct support staff and residential or other community-based setting |
29 | must first receive the approval of BHDDH. |
30 | Restricted Receipts 1,444,204 |
31 | Total - Services for the Developmentally Disabled 510,589,146 |
32 | Behavioral Healthcare Services |
33 | General Revenues 4,118,531 |
34 | Federal Funds |
| LC004143 - Page 19 of 226 |
1 | Federal Funds 33,919,356 |
2 | Provided that $250,000 from Social Services Block Grant funds is awarded to The |
3 | Providence Center to coordinate with Oasis Wellness and Recovery Center for its support and |
4 | services program offered to individuals with behavioral health issues. |
5 | Federal Funds - State Fiscal Recovery Fund |
6 | 9-8-8 Hotline 1,875,000 |
7 | Restricted Receipts 6,819,883 |
8 | Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the |
9 | seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each |
10 | Task Force. |
11 | Total - Behavioral Healthcare Services 46,732,770 |
12 | Hospital and Community Rehabilitative Services |
13 | General Revenues 52,044,891 |
14 | Federal Funds 50,768,748 |
15 | Restricted Receipts 4,535,481 |
16 | Other Funds |
17 | Rhode Island Capital Plan Funds |
18 | Hospital Equipment 500,000 |
19 | Total - Hospital and Community Rehabilitative Services 107,849,120 |
20 | State of RI Psychiatric Hospital |
21 | General Revenues 35,149,422 |
22 | Grand Total - Behavioral Healthcare, |
23 | Developmental Disabilities and Hospitals 706,308,616 |
24 | Office of the Child Advocate |
25 | General Revenues 1,641,426 |
26 | Commission on the Deaf and Hard of Hearing |
27 | General Revenues 782,651 |
28 | Restricted Receipts 131,533 |
29 | Grand Total - Comm. On Deaf and Hard-of-Hearing 914,184 |
30 | Governor’s Commission on Disabilities |
31 | General Revenues |
32 | General Revenues 763,664 |
33 | Livable Home Modification Grant Program 765,304 |
34 | Provided that this will be used for home modification and accessibility enhancements to |
| LC004143 - Page 20 of 226 |
1 | construct, retrofit, and/or renovate residences to allow individuals to remain in community settings. |
2 | This will be in consultation with the Executive Office of Health and Human Services. All |
3 | unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the |
4 | ensuing fiscal year, and made immediately available for the same purpose. |
5 | Federal Funds 85,000 |
6 | Restricted Receipts 66,539 |
7 | Grand Total - Governor’s Commission on Disabilities 1,680,507 |
8 | Office of the Mental Health Advocate |
9 | General Revenues 981,608 |
10 | Elementary and Secondary Education |
11 | Administration of the Comprehensive Education Strategy |
12 | General Revenues 49,074,536 |
13 | Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s |
14 | Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to |
15 | support child opportunity zones through agreements with the Department of Elementary and |
16 | Secondary Education to strengthen education, health and social services for students and their |
17 | families as a strategy to accelerate student achievement and further provided that $450,000 and 3.0 |
18 | full-time equivalent positions be allocated to support a special education function to facilitate |
19 | individualized education program (IEP) and 504 services; and further provided that $130,000 be |
20 | allocated to City Year for the Whole School Whole Child Program, which provides individualized |
21 | support to at-risk students. |
22 | Federal Funds |
23 | Federal Funds 268,652,215 |
24 | Provided that $684,000 from the Department’s administrative share of Individuals with |
25 | Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to |
26 | support the Rhode Island Vision Education and Services Program. |
27 | Federal Funds – State Fiscal Recovery Fund |
28 | Adult Education Providers 127,822 |
29 | Restricted Receipts |
30 | Restricted Receipts 1,654,727 |
31 | HRIC Adult Education Grants 3,500,000 |
32 | Total - Admin. of the Comprehensive Ed. Strategy 323,009,300 |
33 | Davies Career and Technical School |
34 | General Revenues 17,562,853 |
| LC004143 - Page 21 of 226 |
1 | Federal Funds 1,287,045 |
2 | Restricted Receipts 4,667,353 |
3 | Other Funds |
4 | Rhode Island Capital Plan Funds |
5 | Davies School HVAC 50,000 |
6 | Davies School Asset Protection 750,000 |
7 | Davies School Wing Renovation 30,000,000 |
8 | Total - Davies Career and Technical School 54,317,251 |
9 | RI School for the Deaf |
10 | General Revenues 8,675,430 |
11 | Federal Funds 254,316 |
12 | Restricted Receipts 570,169 |
13 | Other Funds |
14 | School for the Deaf Transformation Grants 59,000 |
15 | Rhode Island Capital Plan Funds |
16 | School for the Deaf Asset Protection 167,648 |
17 | Total - RI School for the Deaf 9,726,563 |
18 | Metropolitan Career and Technical School |
19 | General Revenues 10,741,033 |
20 | Other Funds |
21 | Rhode Island Capital Plan Funds |
22 | MET School Asset Protection 2,000,000 |
23 | Total - Metropolitan Career and Technical School 12,741,033 |
24 | Education Aid |
25 | General Revenues 1,190,623,956 |
26 | Provided that the criteria for the allocation of early childhood funds shall prioritize |
27 | prekindergarten seats and classrooms for four-year-olds whose family income is at or below one |
28 | hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities |
29 | with higher concentrations of low performing schools. |
30 | Federal Funds 36,844,747 |
31 | Restricted Receipts 42,626,878 |
32 | Total - Education Aid 1,270,095,581 |
33 | Central Falls School District |
34 | General Revenues 48,327,433 |
| LC004143 - Page 22 of 226 |
1 | Federal Funds 5,164,409 |
2 | Total - Central Falls School District 53,491,842 |
3 | School Construction Aid |
4 | General Revenues |
5 | School Housing Aid 106,198,555 |
6 | Teachers' Retirement |
7 | General Revenues 132,268,922 |
8 | Grand Total - Elementary and Secondary Education 1,961,849,047 |
9 | Public Higher Education |
10 | Office of Postsecondary Commissioner |
11 | General Revenues 30,622,180 |
12 | Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to |
13 | the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode |
14 | Island to support its programs for children with developmental and intellectual disabilities. It is also |
15 | provided that $7,878,650 shall be allocated to the Rhode Island Promise Scholarship program, |
16 | $151,410 shall be used to support Rhode Island’s membership in the New England Board of Higher |
17 | Education, $3,375,500 shall be allocated to the Rhode Island Hope Scholarship Program, and |
18 | $200,000 shall be allocated to the Rhode Island School for Progressive Education to support access |
19 | to higher education opportunities for teachers of color. |
20 | Federal Funds |
21 | Federal Funds 4,900,773 |
22 | Guaranty Agency Administration 60,000 |
23 | Restricted Receipts 7,854,557 |
24 | Other Funds |
25 | Tuition Savings Program - Scholarships and Grants 3,500,000 |
26 | Nursing Education Center - Operating 3,120,498 |
27 | Rhode Island Capital Plan Funds |
28 | WEC Expansion - Annex Site 1,220,000 |
29 | Total - Office of Postsecondary Commissioner 51,278,008 |
30 | University of Rhode Island |
31 | General Revenues |
32 | General Revenues 108,750,396 |
33 | Provided that in order to leverage federal funding and support economic development, |
34 | $700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated |
| LC004143 - Page 23 of 226 |
1 | to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special |
2 | Olympics Rhode Island to support its mission of providing athletic opportunities for individuals |
3 | with intellectual and developmental disabilities. |
4 | Debt Service 31,664,061 |
5 | RI State Forensics Laboratory 1,784,983 |
6 | Other Funds |
7 | University and College Funds 794,703,980 |
8 | Debt - Dining Services 744,765 |
9 | Debt - Education and General 6,850,702 |
10 | Debt - Health Services 118,345 |
11 | Debt - Housing Loan Funds 14,587,677 |
12 | Debt - Memorial Union 91,202 |
13 | Debt - Ryan Center 2,377,246 |
14 | Debt - Parking Authority 531,963 |
15 | URI Restricted Debt Service - Energy Conservation 524,431 |
16 | URI Debt Service - Energy Conservation 1,914,069 |
17 | Rhode Island Capital Plan Funds |
18 | Asset Protection 14,006,225 |
19 | Mechanical, Electric, and Plumbing Improvements 7,858,588 |
20 | Fire Protection Academic Buildings 3,311,666 |
21 | Bay Campus 6,000,000 |
22 | Athletics Complex 8,882,689 |
23 | Provided that total Rhode Island Capital Plan funds provide no more than 80.0 percent of |
24 | the total project. |
25 | Stormwater Management 2,221,831 |
26 | Fine Arts Center Renovation 8,000,000 |
27 | PFAS Removal Water Treatment Plant 1,015,192 |
28 | Total - University of Rhode Island 1,015,940,011 |
29 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
30 | unencumbered balances as of June 30, 2025 relating to the University of Rhode Island are hereby |
31 | reappropriated to fiscal year 2026. |
32 | Rhode Island College |
33 | General Revenues |
34 | General Revenues 69,702,836 |
| LC004143 - Page 24 of 226 |
1 | Debt Service 8,178,392 |
2 | Other Funds |
3 | University and College Funds 107,027,705 |
4 | Debt - Education and General 714,519 |
5 | Debt - Student Union 207,150 |
6 | Debt - G.O. Debt Service 1,602,610 |
7 | Debt - Energy Conservation 742,700 |
8 | Rhode Island Capital Plan Funds |
9 | Asset Protection 5,785,000 |
10 | Infrastructure Modernization 5,675,000 |
11 | Master Plan Phase III 10,000,000 |
12 | Phase IV: Whipple Hall 500,000 |
13 | Total - Rhode Island College 210,135,912 |
14 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
15 | unencumbered balances as of June 30, 2025 relating to Rhode Island College are hereby |
16 | reappropriated to fiscal year 2026. |
17 | Community College of Rhode Island |
18 | General Revenues |
19 | General Revenues 60,231,829 |
20 | Debt Service 1,054,709 |
21 | Restricted Receipts 814,584 |
22 | Other Funds |
23 | University and College Funds 104,016,119 |
24 | Rhode Island Capital Plan Funds |
25 | Asset Protection 2,719,452 |
26 | Data, Cabling, and Power Infrastructure 3,700,000 |
27 | Flanagan Campus Renovations 5,700,000 |
28 | CCRI Renovation and Modernization Phase I 16,000,000 |
29 | CCRI Accessibility Improvements 200,000 |
30 | Total - Community College of RI 194,436,693 |
31 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
32 | unencumbered balances as of June 30, 2025 relating to the Community College of Rhode Island |
33 | are hereby reappropriated to fiscal year 2026. |
34 | Grand Total - Public Higher Education 1,471,790,624 |
| LC004143 - Page 25 of 226 |
1 | RI State Council on the Arts |
2 | General Revenues |
3 | Operating Support 1,205,211 |
4 | Grants 1,190,000 |
5 | Provided that $400,000 be provided to support the operational costs of WaterFire |
6 | Providence art installations. |
7 | Federal Funds 996,126 |
8 | Other Funds |
9 | Art for Public Facilities 585,000 |
10 | Grand Total - RI State Council on the Arts 3,976,337 |
11 | RI Atomic Energy Commission |
12 | General Revenues 1,180,419 |
13 | Restricted Receipts 25,036 |
14 | Other Funds |
15 | URI Sponsored Research 338,456 |
16 | Rhode Island Capital Plan Funds |
17 | Asset Protection 50,000 |
18 | Grand Total - RI Atomic Energy Commission 1,593,911 |
19 | RI Historical Preservation and Heritage Commission |
20 | General Revenues 1,898,100 |
21 | Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration |
22 | activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions. |
23 | Federal Funds 1,267,431 |
24 | Restricted Receipts 419,300 |
25 | Other Funds |
26 | RIDOT Project Review 142,829 |
27 | Grand Total - RI Historical Preservation and Heritage Comm. 3,727,660 |
28 | Attorney General |
29 | Criminal |
30 | General Revenues 21,173,986 |
31 | Federal Funds 3,231,773 |
32 | Restricted Receipts 1,473,682 |
33 | Total - Criminal 25,879,441 |
34 | Civil |
| LC004143 - Page 26 of 226 |
1 | General Revenues 7,005,430 |
2 | Restricted Receipts 2,616,629 |
3 | Total - Civil 9,622,059 |
4 | Bureau of Criminal Identification |
5 | General Revenues 2,164,423 |
6 | Federal Funds 33,332 |
7 | Restricted Receipts 2,847,793 |
8 | Total - Bureau of Criminal Identification 5,045,548 |
9 | General |
10 | General Revenues 4,759,579 |
11 | Other Funds |
12 | Rhode Island Capital Plan Funds |
13 | Building Renovations and Repairs 150,000 |
14 | Total - General 4,909,579 |
15 | Grand Total - Attorney General 45,456,627 |
16 | Corrections |
17 | Central Management |
18 | General Revenues 22,522,753 |
19 | The Department of Corrections shall conduct a study to evaluate recidivism trends and |
20 | outcomes of existing correctional programs intended to promote rehabilitation and reduce |
21 | recidivism. The report shall include, but not be limited to, historical recidivism rates including |
22 | demographic data, and regional comparisons; prison population projections and driving factors; an |
23 | inventory of evidence-based rehabilitative practices and programs; and a review of Correctional |
24 | Industries and its alignment to workforce needs. On or before March 1, 2025, the Department of |
25 | Corrections must submit a report to the governor, the speaker of the house and the president of the |
26 | senate including a summary, relevant data and findings, and recommendations to reduce recidivism. |
27 | Parole Board |
28 | General Revenues 1,526,785 |
29 | Custody and Security |
30 | General Revenues 163,902,830 |
31 | Federal Funds 1,333,277 |
32 | Other Funds |
33 | Rhode Island Capital Plan Funds |
34 | DOC HVAC 23,946,648 |
| LC004143 - Page 27 of 226 |
1 | Total - Custody and Security 189,182,755 |
2 | Institutional Support |
3 | General Revenues 34,243,329 |
4 | Other Funds |
5 | Rhode Island Capital Plan Funds |
6 | Asset Protection 4,100,000 |
7 | Correctional Facilities – Renovations 3,179,677 |
8 | Total - Institutional Support 41,523,006 |
9 | Institutional Based Rehab/Population Management |
10 | General Revenues 14,780,027 |
11 | Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender |
12 | discharge planning. |
13 | The director of the department of corrections shall provide to the speaker of the house and |
14 | president of the senate at least every ninety (90) days beginning September 1, 2022, a report on |
15 | efforts to modernize the correctional industries program. The report shall, at minimum, provide |
16 | data on the past ninety (90) days regarding program participation, changes made in programming |
17 | to more closely align with industry needs, new or terminated partnerships with employers, |
18 | nonprofits, and advocacy groups, current program expenses and revenues, and the employment |
19 | status of all persons on the day of discharge from department care who participated in the |
20 | correctional industries program. |
21 | Federal Funds 455,919 |
22 | Restricted Receipts 44,800 |
23 | Total - Institutional Based Rehab/Population Mgt. 15,280,746 |
24 | Healthcare Services |
25 | General Revenues 34,782,837 |
26 | Restricted Receipts 1,331,555 |
27 | Total - Healthcare Services 36,114,392 |
28 | Community Corrections |
29 | General Revenues 21,987,526 |
30 | Federal Funds 30,639 |
31 | Restricted Receipts 10,488 |
32 | Total - Community Corrections 22,028,653 |
33 | Grand Total - Corrections 328,179,090 |
34 | Judiciary |
| LC004143 - Page 28 of 226 |
1 | Supreme Court |
2 | General Revenues |
3 | General Revenues 35,882,258 |
4 | Provided however, that no more than $1,375,370 in combined total shall be offset to the |
5 | Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the |
6 | Department of Children, Youth and Families, and the Department of Public Safety for square- |
7 | footage occupancy costs in public courthouses and further provided that $230,000 be allocated to |
8 | the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy |
9 | project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to |
10 | Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals. |
11 | Defense of Indigents 6,075,432 |
12 | Federal Funds 123,424 |
13 | Restricted Receipts 4,182,232 |
14 | Other Funds |
15 | Rhode Island Capital Plan Funds |
16 | Judicial Complexes - HVAC 500,000 |
17 | Judicial Complexes Asset Protection 2,250,000 |
18 | Judicial Complexes Fan Coil Unit Replacements 500,000 |
19 | Garrahy Courthouse Restoration 1,125,000 |
20 | Total - Supreme Court 50,638,346 |
21 | Judicial Tenure and Discipline |
22 | General Revenues 174,997 |
23 | Superior Court |
24 | General Revenues 27,995,998 |
25 | Restricted Receipts 665,000 |
26 | Total - Superior Court 28,660,998 |
27 | Family Court |
28 | General Revenues 26,940,842 |
29 | Federal Funds 3,678,496 |
30 | Total - Family Court 30,619,338 |
31 | District Court |
32 | General Revenues 16,384,243 |
33 | Federal Funds 616,036 |
34 | Restricted Receipts 60,000 |
| LC004143 - Page 29 of 226 |
1 | Total - District Court 17,060,279 |
2 | Traffic Tribunal |
3 | General Revenues 10,812,491 |
4 | Workers' Compensation Court |
5 | Restricted Receipts 9,931,788 |
6 | Grand Total - Judiciary 147,898,237 |
7 | Military Staff |
8 | General Revenues 3,106,655 |
9 | Federal Funds 86,857,534 |
10 | Restricted Receipts |
11 | RI Military Family Relief Fund 55,000 |
12 | Other Funds |
13 | Rhode Island Capital Plan Funds |
14 | Aviation Readiness Center 3,294,818 |
15 | Asset Protection 1,799,185 |
16 | Quonset Airport Runway Reconstruction 1,339,988 |
17 | Quonset Air National Guard HQ Facility 3,000,000 |
18 | Counter-Drug Training Facility 2,000,000 |
19 | Grand Total - Military Staff 101,453,180 |
20 | Public Safety |
21 | Central Management |
22 | General Revenues 1,418,898 |
23 | Federal Funds 15,542,257 |
24 | Restricted Receipts 309,252 |
25 | Total - Central Management 17,270,407 |
26 | E-911 Emergency Telephone System |
27 | Restricted Receipts 11,103,966 |
28 | Security Services |
29 | General Revenues 30,711,397 |
30 | Municipal Police Training Academy |
31 | General Revenues 299,114 |
32 | Federal Funds 417,455 |
33 | Total - Municipal Police Training Academy 716,569 |
34 | State Police |
| LC004143 - Page 30 of 226 |
1 | General Revenues 89,994,631 |
2 | Federal Funds 6,784,981 |
3 | Restricted Receipts 1,096,000 |
4 | Other Funds |
5 | Airport Corporation Assistance 150,630 |
6 | Road Construction Reimbursement 3,354,650 |
7 | Weight and Measurement Reimbursement 248,632 |
8 | Rhode Island Capital Plan Funds |
9 | DPS Asset Protection 2,125,000 |
10 | Southern Barracks 20,000,000 |
11 | Training Academy Upgrades 1,250,000 |
12 | Statewide Communications System Network 245,048 |
13 | Total - State Police 125,249,572 |
14 | Grand Total - Public Safety 185,051,911 |
15 | Office of Public Defender |
16 | General Revenues 15,835,559 |
17 | Federal Funds 85,035 |
18 | Grand Total - Office of Public Defender 15,920,594 |
19 | Emergency Management Agency |
20 | General Revenues 7,165,529 |
21 | Federal Funds 28,880,583 |
22 | Restricted Receipts 412,371 |
23 | Other Funds |
24 | Rhode Island Capital Plan Funds |
25 | RI Statewide Communications Infrastructure 140,000 |
26 | State Emergency Ops Center 80,000 |
27 | Grand Total - Emergency Management Agency 36,678,483 |
28 | Environmental Management |
29 | Office of the Director |
30 | General Revenues 8,944,403 |
31 | Of this general revenue amount, $100,000 is appropriated to the Conservation Districts and |
32 | $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a |
33 | veterinarian at the Wildlife Clinic of Rhode Island. |
34 | Federal Funds 40,100 |
| LC004143 - Page 31 of 226 |
1 | Restricted Receipts 4,894,237 |
2 | Total - Office of the Director 13,878,740 |
3 | Natural Resources |
4 | General Revenues 32,363,741 |
5 | Provided that of this general revenue amount, $150,000 is to be used for marine mammal |
6 | response activities in conjunction with matching federal funds. |
7 | Federal Funds 23,602,130 |
8 | Restricted Receipts 6,078,419 |
9 | Other Funds |
10 | DOT Recreational Projects 762,000 |
11 | Blackstone Bike Path Design 1,000,000 |
12 | Rhode Island Capital Plan Funds |
13 | Dam Repair 10,186,000 |
14 | Fort Adams Rehabilitation 300,000 |
15 | Port of Galilee 11,500,000 |
16 | Newport Pier Upgrades 500,000 |
17 | Recreation Facilities Asset Protection 750,000 |
18 | Recreational Facilities Improvements 5,729,077 |
19 | Natural Resources Office and Visitor's Center 250,000 |
20 | Fish & Wildlife Maintenance Facilities 200,000 |
21 | Marine Infrastructure/Pier Development 650,000 |
22 | Total - Natural Resources 93,871,367 |
23 | Environmental Protection |
24 | General Revenues 15,870,312 |
25 | Federal Funds 12,377,846 |
26 | Restricted Receipts 10,332,134 |
27 | Other Funds |
28 | Transportation MOU 41,769 |
29 | Total - Environmental Protection 38,622,061 |
30 | Grand Total - Environmental Management 146,372,168 |
31 | Coastal Resources Management Council |
32 | General Revenues 3,607,384 |
33 | Federal Funds 2,319,579 |
34 | Restricted Receipts 250,000 |
| LC004143 - Page 32 of 226 |
1 | Grand Total - Coastal Resources Mgmt. Council 6,176,963 |
2 | Transportation |
3 | Central Management |
4 | Federal Funds 15,122,388 |
5 | Other Funds |
6 | Gasoline Tax 8,265,215 |
7 | Total - Central Management 23,387,603 |
8 | Management and Budget |
9 | Other Funds |
10 | Gasoline Tax 4,243,682 |
11 | Infrastructure Engineering |
12 | Federal Funds |
13 | Federal Funds 402,650,393 |
14 | Federal Funds – State Fiscal Recovery Funds |
15 | Municipal Roads Grant Program 5,000,000 |
16 | RIPTA Operating Grant 10,000,000 |
17 | The Rhode Island Public Transit Authority shall conduct a thorough review of its transit |
18 | operations and administration. The aim of this review is to uncover ways to enhance efficiency and |
19 | streamline costs, ensuring a more effective use of resources. This evaluation shall encompass a |
20 | range of areas, including but not limited to, a comprehensive analysis of the fixed-route service. |
21 | Analysis should include operating expenses, ridership figures, cost per rider, and other pertinent |
22 | data across all routes and serviced regions. A review focusing on the cost-effectiveness of the |
23 | agency’s diverse transit services will be a key component of this study. Additionally, the study |
24 | shall explore different transit service delivery models, incorporating successful strategies from |
25 | other transit systems; financial planning strategies; agency management structure, capital plan |
26 | development and funding strategies; project management; and Transit Master Plan scope and |
27 | schedule. By January 1, 2025, the Rhode Island Public Transit Authority shall compile and present |
28 | a report to the governor, the speaker of the house, and the president of the senate. This report will |
29 | summarize the findings of the study and include recommendations aimed at fostering sustainable |
30 | and effective transit operations. |
31 | Restricted Receipts 6,116,969 |
32 | Other Funds |
33 | Gasoline Tax 72,301,225 |
34 | Toll Revenue 1,500,000 |
| LC004143 - Page 33 of 226 |
1 | Land Sale Revenue 6,568,333 |
2 | Rhode Island Capital Plan Funds |
3 | Highway Improvement Program 121,102,060 |
4 | Bike Path Asset Protection 400,000 |
5 | RIPTA - Land and Buildings 11,214,401 |
6 | RIPTA - Pawtucket/Central Falls Bus Hub Passenger Facility 3,424,529 |
7 | Total - Infrastructure Engineering 640,277,910 |
8 | Infrastructure Maintenance |
9 | Other Funds |
10 | Gasoline Tax 39,544,619 |
11 | The department of transportation will establish a Municipal Roadway Database, which will |
12 | include information concerning the name, condition, length, roadway infrastructure, and pedestrian |
13 | features of each municipal roadway, updated annually by municipalities. The database will serve |
14 | as a comprehensive and transparent list of municipal roadway conditions. |
15 | Rhode Island Highway Maintenance Account 105,190,431 |
16 | Rhode Island Capital Plan Funds |
17 | Maintenance Capital Equipment Replacement 1,800,000 |
18 | Maintenance Facilities Improvements 500,000 |
19 | Welcome Center 150,000 |
20 | Salt Storage Facilities 1,150,000 |
21 | Train Station Asset Protection 475,585 |
22 | Total - Infrastructure Maintenance 148,810,635 |
23 | Grand Total - Transportation 816,719,830 |
24 | Statewide Totals |
25 | General Revenues 5,500,088,983 |
26 | Federal Funds 4,929,239,756 |
27 | Restricted Receipts 450,860,737 |
28 | Other Funds 2,795,864,892 |
29 | Statewide Grand Total 13,676,054,368 |
30 | SECTION 2. Each line appearing in Section 1 of this Article shall constitute an |
31 | appropriation. |
32 | SECTION 3. Upon the transfer of any function of a department or agency to another |
33 | department or agency, the Governor is hereby authorized by means of executive order to transfer |
34 | or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected |
| LC004143 - Page 34 of 226 |
1 | thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when |
2 | the duties or administrative functions of government are designated by law to be performed within |
3 | a particular department or agency, no transfer of duties or functions and no re-allocation, in whole |
4 | or part, or appropriations and full-time equivalent positions to any other department or agency shall |
5 | be authorized. |
6 | SECTION 4. From the appropriation for contingency shall be paid such sums as may be |
7 | required at the discretion of the Governor to fund expenditures for which appropriations may not |
8 | exist. Such contingency funds may also be used for expenditures in the several departments and |
9 | agencies where appropriations are insufficient, or where such requirements are due to unforeseen |
10 | conditions or are non-recurring items of an unusual nature. Said appropriations may also be used |
11 | for the payment of bills incurred due to emergencies or to any offense against public peace and |
12 | property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as |
13 | amended. All expenditures and transfers from this account shall be approved by the Governor. |
14 | SECTION 5. The general assembly authorizes the state controller to establish the internal |
15 | service accounts shown below, and no other, to finance and account for the operations of state |
16 | agencies that provide services to other agencies, institutions and other governmental units on a cost |
17 | reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in |
18 | a businesslike manner, promote efficient use of services by making agencies pay the full costs |
19 | associated with providing the services, and allocate the costs of central administrative services |
20 | across all fund types, so that federal and other non-general fund programs share in the costs of |
21 | general government support. The controller is authorized to reimburse these accounts for the cost |
22 | of work or services performed for any other department or agency subject to the following |
23 | expenditure limitations: |
24 | Account Expenditure Limit |
25 | State Assessed Fringe Benefit Internal Service Fund 36,946,270 |
26 | Administration Central Utilities Internal Service Fund 30,029,111 |
27 | State Central Mail Internal Service Fund 8,419,019 |
28 | State Telecommunications Internal Service Fund 3,748,530 |
29 | State Automotive Fleet Internal Service Fund 15,496,081 |
30 | Surplus Property Internal Service Fund 44,789 |
31 | Health Insurance Internal Service Fund 272,804,635 |
32 | Other Post-Employment Benefits Fund 63,854,008 |
33 | Capitol Police Internal Service Fund 1,466,975 |
34 | Corrections Central Distribution Center Internal Service Fund 7,659,339 |
| LC004143 - Page 35 of 226 |
1 | Correctional Industries Internal Service Fund 8,247,332 |
2 | Secretary of State Record Center Internal Service Fund 1,166,547 |
3 | Human Resources Internal Service Fund 17,669,248 |
4 | DCAMM Facilities Internal Service Fund 53,327,083 |
5 | Information Technology Internal Service Fund 62,092,295 |
6 | SECTION 6. The director of the department of administration shall exercise his powers |
7 | under R.I. Gen. Laws Chapter 42-11 to centralize state fleet operations under the department as it |
8 | relates to light and medium duty vehicle management, in accordance with best practices. |
9 | SECTION 7. Legislative Intent - The General Assembly may provide a written "statement |
10 | of legislative intent" signed by the chairperson of the House Finance Committee and by the |
11 | chairperson of the Senate Finance Committee to show the intended purpose of the appropriations |
12 | contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the |
13 | House Finance Committee and in the Senate Finance Committee. |
14 | At least twenty (20) days prior to the issuance of a grant or the release of funds, which |
15 | grant or funds are listed on the legislative letter of intent, all department, agency and corporation |
16 | directors, shall notify in writing the chairperson of the House Finance Committee and the |
17 | chairperson of the Senate Finance Committee of the approximate date when the funds are to be |
18 | released or granted. |
19 | SECTION 8. Appropriation of Temporary Disability Insurance Funds -- There is hereby |
20 | appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds |
21 | required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund |
22 | and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2025. |
23 | SECTION 9. Appropriation of Employment Security Funds -- There is hereby appropriated |
24 | pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed |
25 | for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2025. |
26 | SECTION 10. Appropriation of Lottery Division Funds -- There is hereby appropriated to |
27 | the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of |
28 | paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2025. |
29 | SECTION 11. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated |
30 | to the Office of the General Treasurer designated funds received under the CollegeBoundSaver |
31 | program for transfer to the Division of Higher Education Assistance within the Office of the |
32 | Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30, |
33 | 2025. |
34 | SECTION 12. Departments and agencies listed below may not exceed the number of full- |
| LC004143 - Page 36 of 226 |
1 | time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do |
2 | not include limited period positions or, seasonal or intermittent positions whose scheduled period |
3 | of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not |
4 | exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor |
5 | do they include individuals engaged in training, the completion of which is a prerequisite of |
6 | employment. Provided, however, that the Governor or designee, Speaker of the House of |
7 | Representatives or designee, and the President of the Senate or designee may authorize an |
8 | adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a |
9 | detailed written recommendation to the Governor, the Speaker of the House, and the President of |
10 | the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the |
11 | chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor, |
12 | and the Senate Fiscal Advisor. |
13 | State employees whose funding is from non-state general revenue funds that are time |
14 | limited shall receive limited term appointment with the term limited to the availability of non-state |
15 | general revenue funding source. |
16 | FY 2025 FTE POSITION AUTHORIZATION |
17 | Departments and Agencies Full-Time Equivalent |
18 | Administration 683.6 |
19 | Provided that no more than 419.1 of the total authorization would be limited to positions |
20 | that support internal service fund programs. |
21 | Business Regulation 181.0 |
22 | Executive Office of Commerce 5.0 |
23 | Housing 38.0 |
24 | Labor and Training 461.7 |
25 | Revenue 599.5 |
26 | Legislature 298.5 |
27 | Office of the Lieutenant Governor 8.0 |
28 | Office of the Secretary of State 61.0 |
29 | Office of the General Treasurer 91.0 |
30 | Board of Elections 13.0 |
31 | Rhode Island Ethics Commission 12.0 |
32 | Office of the Governor 45.0 |
33 | Commission for Human Rights 15.0 |
34 | Public Utilities Commission 56.0 |
| LC004143 - Page 37 of 226 |
1 | Office of Health and Human Services 233.0 |
2 | Children, Youth and Families 714.5 |
3 | Health 572.6 |
4 | Human Services 779.0 |
5 | Office of Veterans Services 267.0 |
6 | Office of Healthy Aging 33.0 |
7 | Behavioral Healthcare, Developmental Disabilities and Hospitals 1,203.4 |
8 | Office of the Child Advocate 10.0 |
9 | Commission on the Deaf and Hard of Hearing 4.0 |
10 | Governor’s Commission on Disabilities 5.0 |
11 | Office of the Mental Health Advocate 6.0 |
12 | Elementary and Secondary Education 153.1 |
13 | School for the Deaf 61.0 |
14 | Davies Career and Technical School 123.0 |
15 | Office of Postsecondary Commissioner 46.0 |
16 | Provided that 1.0 of the total authorization would be available only for positions that are |
17 | supported by third-party funds, 12.0 would be available only for positions at the State’s Higher |
18 | Education Centers located in Woonsocket and Westerly, 10.0 would be available only for positions |
19 | at the Nursing Education Center, and 7.0 would be available for the longitudinal data systems |
20 | program. |
21 | University of Rhode Island 2,551.0 |
22 | Provided that 353.8 of the total authorization would be available only for positions that are |
23 | supported by third-party funds. |
24 | Rhode Island College 949.2 |
25 | Provided that 76.0 of the total authorization would be available only for positions that are |
26 | supported by third-party funds. |
27 | Community College of Rhode Island 849.1 |
28 | Provided that 89.0 of the total authorization would be available only for positions that are |
29 | supported by third-party funds. |
30 | Rhode Island State Council on the Arts 10.0 |
31 | RI Atomic Energy Commission 8.6 |
32 | Historical Preservation and Heritage Commission 15.6 |
33 | Office of the Attorney General 264.1 |
34 | Corrections 1,461.0 |
| LC004143 - Page 38 of 226 |
1 | Judicial 745.3 |
2 | Military Staff 93.0 |
3 | Emergency Management Agency 39.0 |
4 | Public Safety 633.0 |
5 | Office of the Public Defender 104.0 |
6 | Environmental Management 437.0 |
7 | Coastal Resources Management Council 32.0 |
8 | Transportation 755.0 |
9 | Total 15,725.8 |
10 | No agency or department may employ contracted employee services where contract |
11 | employees would work under state employee supervisors without determination of need by the |
12 | Director of Administration acting upon positive recommendations by the Budget Officer and the |
13 | Personnel Administrator and 15 days after a public hearing. |
14 | Nor may any agency or department contract for services replacing work done by state |
15 | employees at that time without determination of need by the Director of Administration acting upon |
16 | the positive recommendations of the State Budget Officer and the Personnel Administrator and 30 |
17 | days after a public hearing. |
18 | SECTION 13. The amounts reflected in this Article include the appropriation of Rhode |
19 | Island Capital Plan funds for fiscal year 2025 and supersede appropriations provided for FY 2025 |
20 | within Section 12 of Article 1 of Chapter 79 of the P.L. of 2023. |
21 | The following amounts are hereby appropriated out of any money in the State’s Rhode |
22 | Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending |
23 | June 30, 2026, June 30, 2027, June 30, 2028, and June 30, 2029. These amounts supersede |
24 | appropriations provided within Section 12 of Article 1 of Chapter 79 of the P.L. of 2023. |
25 | For the purposes and functions hereinafter mentioned, the State Controller is hereby |
26 | authorized and directed to draw his or her orders upon the General Treasurer for the payment of |
27 | such sums and such portions thereof as may be required by him or her upon receipt of properly |
28 | authenticated vouchers. |
29 | FY Ending FY Ending FY Ending FY Ending |
30 | Project 06/30/2026 06/30/2027 06/30/2028 06/30/2029 |
31 | DOA - 560 Jefferson Boulevard Asset Protection 50,000 50,000 50,000 50,000 |
32 | DOA – Arrigan Center 200,000 100,000 100,000 100,000 |
33 | DOA – Big River Management Area 797,000 746,000 742,000 792,000 |
34 | DOA – Cannon Building 1,050,000 3,925,000 4,225,000 4,225,000 |
| LC004143 - Page 39 of 226 |
1 | DOA – Chapin Health Laboratory 350,000 300,00 0 0 |
2 | DOA – Civic Center 3,800,000 1,250,000 1,075,000 1,500,000 |
3 | DOA – Communities Facilities Asset Protection 225,000 125,000 125,000 125,000 |
4 | DOA - Cranston Street Armory 1,600,000 100,000 100,000 100,000 |
5 | DOA - DoIT Enterprise Operations Center 2,050,000 200,000 200,000 200,000 |
6 | DOA – Energy Efficiency Improvements 1,000,000 1,000,000 1,000,000 1,000,000 |
7 | DOA – Environmental Compliance 225,000 225,000 225,000 225,000 |
8 | DOA – Group Homes Consolidation 4,325,000 4,325,000 4,426,000 5,450,000 |
9 | DOA – Medical Examiners - New Facility 50,000 50,000 50,000 50,000 |
10 | DOA – Old State House 600,000 600,000 100,000 100,000 |
11 | DOA - Pastore Campus Infrastructure 25,000,000 25,000,000 15,000,000 8,500,000 |
12 | DOA - Pastore Center Hospital Buildings 4,500,000 2,500,000 500,000 500,000 |
13 | DOA - Pastore Center Non-Hospital Buildings 7,750,000 4,500,000 4,600,000 4,600,000 |
14 | DOA - Pastore Power Plant Rehabilitation 250,000 5,250,000 0 0 |
15 | DOA – Replacement of Fueling Tanks 620,000 100,000 100,000 0 |
16 | DOA - RI Convention Center Authority 2,800,000 2,825,000 2,500,000 2,000,000 |
17 | DOA - Shepard Building Upgrades 555,000 3,920,000 8,125,000 4,785,000 |
18 | DOA – State Building Security Measures 700,000 650,000 600,000 600,000 |
19 | DOA - State House Renovations 1,759,000 17,379,000 16,000,000 31,940,000 |
20 | DOA – State Office Building 250,000 550,000 300,000 50,000 |
21 | DOA – State Office Reorganization & Relocation 250,000 250,000 250,000 250,000 |
22 | DOA – Veterans’ Auditorium 380,000 100,000 100,000 100,000 |
23 | DOA – Washington County Government Center 600,000 150,000 150,000 150,000 |
24 | DOA - William Powers Building 2,200,000 2,350,000 1,850,000 1,700,000 |
25 | DOA - Zambarano Buildings and Campus 2,850,000 250,000 900,000 900,000 |
26 | DOA – Zambarano LTAC Hospital 26,065,740 23,804,439 24,427,656 24,155,740 |
27 | DBR – Fire Academy Expansion 675,000 0 0 0 |
28 | EOC – I-195 Redevelopment Commission 700,000 700,000 700,000 0 |
29 | EOC – Quonset Infrastructure 2,500,000 2,500,000 0 0 |
30 | SOS – Rhode Island Archives and History Center 3,901,863 2,340,693 0 0 |
31 | DCYF – Training School Asset Protection 250,000 250,000 250,000 250,000 |
32 | DCYF - Residential Treatment Facility 15,000,000 0 0 0 |
33 | DOH – Laboratory Building 8,363,883 0 0 0 |
34 | DOH – Health Laboratories & Medical |
| LC004143 - Page 40 of 226 |
1 | Examiner Equipment 400,000 400,000 400,000 400,000 |
2 | DHS – Blind Vending Facilities 165,000 165,000 165,000 165,000 |
3 | DHS – Veterans Home Asset Protection 1,550,000 1,525,000 1,525,000 500,000 |
4 | DHS – Veterans’ Memorial Cemetery Asset |
5 | Protection 300,000 250,000 300,000 250,000 |
6 | BHDDH – Hospital Equipment 300,000 300,000 300,000 300,000 |
7 | ELSEC – Davies School Asset Protection 750,000 500,000 500,000 511,000 |
8 | ELSEC – Davies School HVAC 50,000 50,000 50,000 50,000 |
9 | ELSEC - Davies School Wing Renovation 2,500,000 0 0 0 |
10 | ELSEC - MET School Asset Protection 250,000 250,000 255,000 255,000 |
11 | ELSEC – School for the Deaf Asset Protection 100,000 100,000 100,000 305,600 |
12 | URI - Asset Protection 14,606,536 15,236,863 15,528,074 15,885,220 |
13 | URI - Athletics Complex 51,532,096 0 0 0 |
14 | URI - Bay Campus 12,500,000 12,500,000 0 0 |
15 | URI – PFAS Removal Water Treatment Plant 14,102,455 4,369,853 0 0 |
16 | URI – Mechanical, Electric and Plumbing |
17 | Improvements 8,607,757 86,605 0 0 |
18 | URI – Stormwater Management 2,221,831 0 0 0 |
19 | RIC - Asset Protection 5,950,000 6,025,000 6,157,000 6,375,000 |
20 | RIC - Infrastructure Modernization 5,675,000 5,675,000 5,925,000 5,925,000 |
21 | RIC – Phase IV: Whipple Hall 1,500,000 16,500,000 0 0 |
22 | CCRI - Asset Protection 2,719,452 2,719,452 2,780,000 2,870,000 |
23 | CCRI – Accessibility Improvements 340,00 340,000 0 0 |
24 | CCRI – Data, Cabling, & Power Infrastructure 4,650,000 4,394,885 2,000,000 0 |
25 | CCRI – Flanagan Campus Renovations 3,200,000 1,734,505 0 0 |
26 | CCRI – Renovation and Modernization Phase I 16,000,000 6,084,928 0 0 |
27 | CCRI – Renovation and Modernization |
28 | Phase II -IV 5,000,000 0 0 0 |
29 | AOC – Atomic Energy Asset Protection 50,000 50,000 50,000 50,000 |
30 | AG – Building Renovations and Repairs 2,525,000 1,150,000 900,000 150,000 |
31 | DOC – Asset Protection 4,100,000 4,100,000 4,100,000 4,100,000 |
32 | DOC – Correctional Facilities – Renovations 7,419,248 0 0 0 |
33 | DOC – HVAC 10,272,500 0 0 0 |
34 | Judiciary - Judicial Complexes Asset Protection 1,500,000 1,500,000 1,500,000 1,500,000 |
| LC004143 - Page 41 of 226 |
1 | Judiciary - Garrahy Courthouse Renovation 1,125,000 1,125,000 0 0 |
2 | Judiciary – Judicial Complexes HVAC 500,000 500,000 500,000 500,000 |
3 | Judiciary –Licht Window and Masonry Repairs 0 0 1,500,000 1,545,000 |
4 | Judiciary –Fan Coil Unit Replacements 500,000 750,000 850,000 500,000 |
5 | Military Staff – Asset Protection 962,185 1,301,316 863,505 1,357,288 |
6 | Military Staff – Counter Drug Training |
7 | Facility 1,025,250 0 0 0 |
8 | Military Staff – Repair Squadron Ops |
9 | Facility 600,000 0 0 0 |
10 | Military Staff - Quonset Airport |
11 | Runway Reconstruction 446,663 0 0 0 |
12 | DPS – Asset Protection 1,205,000 1,335,000 285,000 300,000 |
13 | DPS - Southern Barracks 12,700,000 0 0 0 |
14 | DPS – Training Academy Upgrades 1,820,000 640,000 150,000 150,000 |
15 | DPS – Statewide Communications |
16 | System Network 245,048 0 0 0 |
17 | EMA – RISCON Infrastructure Upgrade 40,000 15,000 15,000 0 |
18 | DEM – Dam Repair 6,815,000 2,265,000 1,015,000 1,015,000 |
19 | DEM – Fort Adams Trust Rehabilitation 500,000 500,000 500,000 500,000 |
20 | DEM – Recreational Facilities Asset Protection 750,000 750,000 765,000 765,000 |
21 | DEM – Fish and Wildlife Maintenance Facilities 200,000 200,000 200,000 200,000 |
22 | DEM – Natural Resources Offices and |
23 | Visitor's Center 1,836,709 1,836,709 0 0 |
24 | DEM – Newport Piers & Building Project 500,000 500,000 0 0 |
25 | DEM – Port of Galilee 16,500,000 14,113,820 2,800,000 |
26 | DEM – Recreational Facilities Improvements 2,900,000 3,338,551 3,260,000 2,750,000 |
27 | CRMC – Confined Aquatic Dredged |
28 | Material Disposal Cells 20,600,000 0 0 0 |
29 | CRMC – South Coast Restoration Project 0 2,000,000 0 0 |
30 | DOT – Bike Path Asset Protection 400,000 400,000 400,000 400,000 |
31 | DOT - Highway Improvement Program 27,200,000 27,200,000 27,200,000 27,200,000 |
32 | DOT - Maintenance Capital Equipment |
33 | Replacement 1,800,000 1,800,000 1,800,000 1,800,000 |
34 | DOT – Maintenance Facilities Improvements 859,756 500,000 1,375,000 500,000 |
| LC004143 - Page 42 of 226 |
1 | DOT - Salt Storage Facilities 1,150,000 1,150,000 1,500,000 1,500,000 |
2 | DOT – Train Station Asset Protection 500,000 500,000 500,000 500,000 |
3 | DOT – Welcome Center 150,000 150,000 150,000 0 |
4 | DOT - RIPTA Land and Buildings 4,561,885 500,000 500,000 500,000 |
5 | DOT - RIPTA Pawtucket/Central Falls |
6 | Bus Hub Passenger Facility 627,977 0 0 0 |
7 | SECTION 14. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. |
8 | Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project |
9 | appropriations shall be reappropriated in the ensuing fiscal year and made available for the same |
10 | purpose. However, any such reappropriations are subject to final approval by the General Assembly |
11 | as part of the supplemental appropriations act. Any unexpended funds of less than five hundred |
12 | dollars ($500) shall be reappropriated at the discretion of the State Budget Officer. |
13 | SECTION 15. For the Fiscal Year ending June 30, 2025, the Rhode Island Housing and |
14 | Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support |
15 | of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the |
16 | amount of funding provided to this program, as well as information on the number of units of |
17 | housing provided as a result to the Director of Administration, the Chair of the Housing Resources |
18 | Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance |
19 | Committee, and the State Budget Officer. |
20 | SECTION 16. Appropriation of Economic Activity Taxes in accordance with the city of |
21 | Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year |
22 | ending June 30, 2025, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of |
23 | the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax |
24 | revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode |
25 | Island General Laws), for the purposes of paying debt service on bonds, funding debt service |
26 | reserves, paying costs of infrastructure improvements in and around the ballpark district, arts |
27 | district, and the growth center district, funding future debt service on bonds, and funding a |
28 | redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island |
29 | General Laws. |
30 | SECTION 17. The appropriations from federal funds contained in Section 1 shall not be |
31 | construed to mean any federal funds or assistance appropriated, authorized, allocated or |
32 | apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects |
33 | Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2025 |
34 | except for those instances specifically designated. |
| LC004143 - Page 43 of 226 |
1 | The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be |
2 | made in support of the following projects: |
3 | Federal Funds - State Fiscal Recovery Fund |
4 | Department of Administration (DOA) |
5 | DOA - Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic |
6 | Recovery Office established within the Department of Administration. |
7 | DOA - Public Health Response Warehouse Support. These funds shall be allocated to the |
8 | proper storage of PPE and other necessary COVID-19 response related supplies. |
9 | DOA – Health Care Facilities. These funds shall address the ongoing staffing needs of |
10 | nursing facilities related to the COVID-19 public health emergency. $10.0 million shall be |
11 | distributed to nursing facilities based on the number of Medicaid beds days from the 2022 facility |
12 | cost reports, provided at least 80 percent is dedicated to direct care workers. |
13 | DOA – Community Learning Center Programming Support Grant. These funds shall be |
14 | distributed to municipalities that have approved community learning center projects under the |
15 | coronavirus capital projects fund community learning center municipal grant program. An equal |
16 | amount of funding will be allocated to each approved community learning center project that |
17 | reaches substantial completion as defined by the U.S. Department of Treasury by October 31, 2026. |
18 | These funds must be used to support the establishment of U.S. Department of the Treasury |
19 | compliant health monitoring, work, and or education programming that will take place in a |
20 | community learning center. |
21 | Executive Office of Commerce (EOC) |
22 | EOC – Assistance to Impacted Industries. These funds shall be allocated to provide |
23 | assistance to the tourism, hospitality, and events industries for outdoor and public space capital |
24 | improvements and event programming. |
25 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
26 | (BHDDH) |
27 | BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation and operation of a |
28 | 9-8-8 hotline to maintain compliance with the National Suicide Hotline Designation Act of 2020 |
29 | and the Federal Communications Commission-adopted rules to assure that all citizens receive a |
30 | consistent level of 9-8-8 and crisis behavioral health services. |
31 | Rhode Island Department of Elementary and Secondary Education (ELSEC) |
32 | RIDE - Adult Education Providers. These funds shall be directly distributed through the |
33 | Office of Adult Education to nonprofit adult education providers to expand access to educational |
34 | programs and literary services. |
| LC004143 - Page 44 of 226 |
1 | Department of Transportation (DOT) |
2 | DOT - Municipal Roads Grant Program. These funds shall support a program to distribute |
3 | grants with a required local match for the replacement, rehabilitation, preservation, and |
4 | maintenance of existing roads, sidewalks, and bridges. These funds shall be distributed equally to |
5 | each city and town provided that each municipality is required to provide a 67 percent match. |
6 | DOT - RIPTA Operating Grant. These funds shall provide operating support to the Rhode |
7 | Island public transit authority. |
8 | Federal Funds - Capital Projects Fund |
9 | Department of Administration (DOA) |
10 | DOA - CPF Administration. These funds shall be allocated to the department of |
11 | administration to oversee the implementation of the Capital Projects Fund award from the |
12 | American Rescue Plan Act. |
13 | SECTION 18. Reappropriation of Funding for State Fiscal Recovery Fund and Capital |
14 | Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered |
15 | federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be |
16 | reappropriated in the ensuing fiscal year and made available for the same purposes. However, any |
17 | such reappropriations are subject to final approval by the General Assembly as part of the |
18 | supplemental appropriations act. |
19 | SECTION 19. The pandemic recovery office shall monitor the progress and performance |
20 | of all programs financed by the State Fiscal Recovery Fund and the Capital Projects Fund. On or |
21 | before October 31, 2023, and quarterly thereafter until and including October 31, 2024, the office |
22 | shall provide a report to the speaker of the house and senate president, with copies to the |
23 | chairpersons of the house and senate finance committees, identifying programs that are at risk of |
24 | significant underspending or noncompliance with federal or state requirements. The report, at a |
25 | minimum must include an assessment of how programs that are at risk can be remedied. In the |
26 | event that any State Fiscal Recovery Fund program would put the state at risk of forfeiture of federal |
27 | funds, the governor may reallocate funding from the at-risk program to the unemployment |
28 | insurance trust fund. |
29 | SECTION 20. This article shall take effect as of July 1, 2024, except as otherwise provided |
30 | herein. |
| LC004143 - Page 45 of 226 |
1 | ARTICLE 2 |
2 | RELATING TO STATE FUNDS |
3 | SECTION 1. Effective July 1, 2023, section 35-3-20.2 of the General Laws in Chapter 35- |
4 | 3 entitled "State Budget" is hereby amended to read as follows: |
5 | 35-3-20.2. Supplemental state budget reserve account. |
6 | (a) There is hereby created within the general fund a supplemental state budget reserve |
7 | account, which shall be administered by the state controller and which shall be used solely for the |
8 | purpose of providing such sums as may be appropriated to fund any unanticipated general revenue |
9 | deficit caused by a general revenue shortfall. |
10 | (b) At any time after the third quarter of a fiscal year that it is indicated that total resources |
11 | which are defined to be the aggregate of estimated general revenue, general revenue receivables, |
12 | and available free surplus in the general fund will be less than the estimates upon which current |
13 | appropriations were based, the general assembly may make appropriations from the supplemental |
14 | state budget reserve account for the difference between the estimated total resources and the |
15 | original estimates upon which enacted appropriations were based, but only in the amount of the |
16 | difference based upon the revenues projected at the latest state revenue estimating conference |
17 | pursuant to chapter 16 of this title as reported by the chairperson of that conference. |
18 | (c) Whenever a transfer has been made pursuant to subsection (b), that transfer shall be |
19 | considered as estimated general revenues for the purposes of determining the amount to be |
20 | transferred to the Rhode Island Capital Plan fund for the purposes of § 35-3-20.1(b). |
21 | (d) The supplemental state budget reserve account shall consist of: (1) Ssuch sums as the |
22 | state may from time to time directly transfer to the account as authorized in law; and (2) Any |
23 | amounts transferred pursuant to § 35-6-1(e). |
24 | SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds” |
25 | is hereby amended to read as follows: |
26 | 35-4-27. Indirect cost recoveries on restricted receipt accounts. |
27 | Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all |
28 | restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there |
29 | shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions |
30 | from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on |
31 | federal grant funds; or (3) Through transfers from state agencies to the department of administration |
32 | for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, |
33 | unless prohibited by federal law or regulation, court order, or court settlement. The following |
34 | restricted receipt accounts shall not be subject to the provisions of this section: |
| LC004143 - Page 46 of 226 |
1 | Executive Office of Health and Human Services |
2 | Organ Transplant Fund |
3 | HIV Care Grant Drug Rebates |
4 | Health System Transformation Project |
5 | Rhode Island Statewide Opioid Abatement Account |
6 | HCBS Support-ARPA |
7 | HCBS Admin Support-ARPA |
8 | Department of Human Services |
9 | Veterans’ home — Restricted account |
10 | Veterans’ home — Resident benefits |
11 | Pharmaceutical Rebates Account |
12 | Demand Side Management Grants |
13 | Veteran’s Cemetery Memorial Fund |
14 | Donations — New Veterans’ Home Construction |
15 | Commodity Supplemental Food Program- Claims |
16 | Department of Health |
17 | Pandemic medications and equipment account |
18 | Miscellaneous Donations/Grants from Non-Profits |
19 | State Loan Repayment Match |
20 | Healthcare Information Technology |
21 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
22 | Eleanor Slater non-Medicaid third-party payor account |
23 | Hospital Medicare Part D Receipts |
24 | RICLAS Group Home Operations |
25 | Group Home Facility Improvement Fund |
26 | Commission on the Deaf and Hard of Hearing |
27 | Emergency and public communication access account |
28 | Department of Environmental Management |
29 | National heritage revolving fund |
30 | Environmental response fund II |
31 | Underground storage tanks registration fees |
32 | De Coppet Estate Fund |
33 | Rhode Island Historical Preservation and Heritage Commission |
34 | Historic preservation revolving loan fund |
| LC004143 - Page 47 of 226 |
1 | Historic Preservation loan fund — Interest revenue |
2 | Department of Public Safety |
3 | E-911 Uniform Emergency Telephone System |
4 | Forfeited property — Retained |
5 | Forfeitures — Federal |
6 | Forfeited property — Gambling |
7 | Donation — Polygraph and Law Enforcement Training |
8 | Rhode Island State Firefighter’s League Training Account |
9 | Fire Academy Training Fees Account |
10 | Attorney General |
11 | Forfeiture of property |
12 | Federal forfeitures |
13 | Attorney General multi-state account |
14 | Forfeited property — Gambling |
15 | Department of Administration |
16 | OER Reconciliation Funding |
17 | Health Insurance Market Integrity Fund |
18 | RI Health Benefits Exchange |
19 | Information Technology restricted receipt account |
20 | Restore and replacement — Insurance coverage |
21 | Convention Center Authority rental payments |
22 | Investment Receipts — TANS |
23 | OPEB System Restricted Receipt Account |
24 | Car Rental Tax/Surcharge-Warwick Share |
25 | Grants Management Administration |
26 | RGGI-Executive Climate Change Coordinating Council Projects |
27 | Electric Vehicle Charging Stations Operating and Maintenance Account |
28 | Executive Office of Commerce |
29 | Housing Resources Commission Restricted Account |
30 | Housing Production Fund |
31 | Department of Revenue |
32 | DMV Modernization Project |
33 | Jobs Tax Credit Redemption Fund |
34 | Legislature |
| LC004143 - Page 48 of 226 |
1 | Audit of federal assisted programs |
2 | Department of Children, Youth and Families |
3 | Children’s Trust Accounts — SSI |
4 | Military Staff |
5 | RI Military Family Relief Fund |
6 | RI National Guard Counterdrug Program |
7 | Treasury |
8 | Admin. Expenses — State Retirement System |
9 | Retirement — Treasury Investment Options |
10 | Defined Contribution — Administration - RR |
11 | Violent Crimes Compensation — Refunds |
12 | Treasury Research Fellowship |
13 | Business Regulation |
14 | Banking Division Reimbursement Account |
15 | Office of the Health Insurance Commissioner Reimbursement Account |
16 | Securities Division Reimbursement Account |
17 | Commercial Licensing and Racing and Athletics Division Reimbursement Account |
18 | Insurance Division Reimbursement Account |
19 | Historic Preservation Tax Credit Account |
20 | Marijuana Trust Fund |
21 | Social Equity Assistance Fund |
22 | Judiciary |
23 | Arbitration Fund Restricted Receipt Account |
24 | Third-Party Grants |
25 | RI Judiciary Technology Surcharge Account |
26 | Department of Elementary and Secondary Education |
27 | Statewide Student Transportation Services Account |
28 | School for the Deaf Fee-for-Service Account |
29 | School for the Deaf — School Breakfast and Lunch Program |
30 | Davies Career and Technical School Local Education Aid Account |
31 | Davies — National School Breakfast & Lunch Program |
32 | School Construction Services |
33 | Office of the Postsecondary Commissioner |
34 | Higher Education and Industry Center |
| LC004143 - Page 49 of 226 |
1 | IGT STEM Scholarships |
2 | Department of Labor and Training |
3 | Job Development Fund |
4 | Rhode Island Council on the Arts |
5 | Governors’ Portrait Donation Fund |
6 | Statewide records management system account |
7 | SECTION 3. Effective July 1, 2023, section 35-6-1 of the General Laws in Chapter 35-6 |
8 | entitled "Accounts and Control” is hereby amended to read as follows: |
9 | 35-6-1. Controller — Duties in general. |
10 | (a) Within the department of administration there shall be a controller who shall be |
11 | appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be |
12 | responsible for accounting and expenditure control and shall be required to: |
13 | (1) Administer a comprehensive accounting and recording system that will classify the |
14 | transactions of the state departments and agencies in accordance with the budget plan; |
15 | (2) Maintain control accounts for all supplies, materials, and equipment for all departments |
16 | and agencies except as otherwise provided by law; |
17 | (3) Prescribe a financial, accounting, and cost accounting system for state departments and |
18 | agencies; |
19 | (4) Identify federal grant-funding opportunities to support the governor’s and general |
20 | assembly’s major policy initiatives and provide technical assistance with the application process |
21 | and post-award grants management; |
22 | (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for |
23 | the application of federal grants; |
24 | (6) Pre-audit all state receipts and expenditures; |
25 | (7) Prepare financial statements required by the several departments and agencies, by the |
26 | governor, or by the general assembly; |
27 | (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all |
28 | expenditures under authority of the legislative department and the judicial department by the state |
29 | controller shall be purely ministerial, concerned only with the legality of the expenditure and |
30 | availability of the funds, and in no event shall the state controller interpose his or her judgment |
31 | regarding the wisdom or expediency of any item or items of expenditure; |
32 | (9) Prepare and timely file, on behalf of the state, any and all reports required by the United |
33 | States, including, but not limited to, the Internal Revenue Service, or required by any department |
34 | or agency of the state, with respect to the state payroll; and |
| LC004143 - Page 50 of 226 |
1 | (10) Prepare a preliminary closing statement for each fiscal year. The controller shall |
2 | forward the statement to the chairpersons of the house finance committee and the senate finance |
3 | committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by |
4 | September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment |
5 | of the appropriations act, whichever is later. The report shall include but is not limited to: |
6 | (i) A report of all revenues received by the state in the completed fiscal year, together with |
7 | the estimates adopted for that year as contained in the final enacted budget, and together with all |
8 | deviations between estimated revenues and actual collections. The report shall also include cash |
9 | collections and accrual adjustments; |
10 | (ii) A comparison of actual expenditures with each of the actual appropriations, including |
11 | supplemental appropriations and other adjustments provided for in the Rhode Island general laws; |
12 | (iii) A statement of the opening and closing surplus in the general revenue account; and |
13 | (iv) A statement of the opening surplus, activity, and closing surplus in the state budget |
14 | reserve and cash stabilization account and the state bond capital fund. |
15 | (b) The controller shall provide supporting information on revenues, expenditures, capital |
16 | projects, and debt service upon request of the house finance committee chairperson, senate |
17 | finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor. |
18 | (c) Upon issuance of the audited annual financial statement, the controller shall provide a |
19 | report of the differences between the preliminary financial report and the final report as contained |
20 | in the audited annual financial statement. |
21 | (d) The controller shall create a special fund not part of the general fund and shall deposit |
22 | amounts equivalent to all deferred contributions under this act into that fund. Any amounts |
23 | remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall |
24 | transfer such amounts into the retirement system as appropriate. |
25 | (e) Upon issuance of the audited financial statement, the controller shall transfer fifty |
26 | percent (50%) of all general revenues received in the completed fiscal year net of transfer to the |
27 | state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those |
28 | estimates adopted for that year as contained in the final enacted budget to the employees’ retirement |
29 | system of the state of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to the |
30 | supplemental state budget reserve account as defined in § 35-3-20.2. |
31 | (f) The controller shall implement a direct deposit payroll system for state employees. |
32 | (1) There shall be no service charge of any type paid by the state employee at any time |
33 | which shall decrease the net amount of the employee’s salary deposited to the financial institution |
34 | of the personal choice of the employee as a result of the use of direct deposit. |
| LC004143 - Page 51 of 226 |
1 | (2) Employees hired after September 30, 2014, shall participate in the direct deposit |
2 | system. At the time the employee is hired, the employee shall identify a financial institution that |
3 | will serve as a personal depository agent for the employee. |
4 | (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is |
5 | not a participant in the direct deposit system, shall identify a financial institution that will serve as |
6 | a personal depository agent for the employee. |
7 | (4) The controller shall promulgate rules and regulations as necessary for implementation |
8 | and administration of the direct deposit system, which shall include limited exceptions to required |
9 | participation. |
10 | SECTION 4. Sections 37-7-13 and 37-7-15 of the General Laws in Chapter 37-7 entitled |
11 | “Management and Disposal of Property” are hereby amended to read as follows: |
12 | 37-7-13. Surplus group homes. |
13 | Any group home purchased or built by the state of Rhode Island and licensed pursuant to |
14 | house § 40.1-24-3, which is no longer used to house persons with disabilities and is vacant for a |
15 | period of one year must be offered for sale on the private housing market forthwith and shall |
16 | thereafter remain under the jurisdiction of the zoning enforcement officer and the zoning code of |
17 | that municipality in which the home is located. The zoning enforcement officer and zoning code |
18 | shall govern the use thereof. The group home shall not acquire any rights of a nonconforming use. |
19 | Proceeds from the sale of group homes owned by the state of Rhode Island shall be transferred to |
20 | the group home facility improvement fund, pursuant to § 40.1-1-22. |
21 | 37-7-15. Sale of state-owned land, buildings and improvements thereon and other real |
22 | property. |
23 | (a) Total annual proceeds from the sale of any land and the buildings and improvements |
24 | thereon, and other real property, title to which is vested in the state of Rhode Island or title to which |
25 | will be vested in the state upon completion of any condemnation or other proceedings, except for |
26 | the sale of group homes as referenced in § 37-7-13, shall be transferred to the information |
27 | technology restricted receipt account (ITRR account) and made available for the purposes outlined |
28 | in § 42-11-2.5(a), unless otherwise prohibited by federal law. |
29 | (b) Provided, however, this shall not include proceeds from the sale of any land and the |
30 | buildings and improvements thereon that will be created by the relocation of interstate route 195, |
31 | which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified |
32 | in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis” |
33 | prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain |
34 | tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode |
| LC004143 - Page 52 of 226 |
1 | Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195, |
2 | Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1″=20′, May |
3 | 2010, Bryant Associates, Inc., Engineers-Surveyors-Construction Managers, Lincoln, Rhode |
4 | Island, Maguire Group, Inc., Architects/Engineers/Planners, Providence, Rhode Island.” |
5 | (c) Provided, however, the transfer of proceeds in subsection (a) shall not include proceeds |
6 | from the sale of state-owned group homes or “community residences” as that term is defined in § |
7 | 40.1-24-1(2) and licensed by the department of behavioral healthcare, developmental disabilities |
8 | and hospitals. Proceeds from the sale of these properties will be transferred to the group home |
9 | facility improvement fund, pursuant to § 40.1-1-22. |
10 | (c) (d) Subject to the approval of the director of the department of administration, the state |
11 | controller is authorized to offset any currently recorded outstanding liability on the part of |
12 | developmental disability organizations (DDOs) to repay previously authorized startup capital |
13 | advances against the proceeds from the sale of group homes within a fiscal year prior to any sale |
14 | proceeds being deposited into the information technology investment fund. |
15 | SECTION 5. Chapter 40.1-1 of the General Laws entitled “Behavioral Healthcare, |
16 | Developmental Disabilities and Hospitals” is hereby amended by adding thereto the following |
17 | section: |
18 | 40.1-1-22. Group Home Facility Improvement Fund. |
19 | There is created within the general fund of the state a restricted receipt account to be known |
20 | as the “group home facility improvement fund.” Money transferred to this fund shall include, but |
21 | is not limited to, the proceeds from the surplus of state-owned group home facilities or “community |
22 | residences” as that term is defined in § 40.1-24-1(2) and licensed by the department of behavioral |
23 | healthcare, developmental disabilities and hospitals; or, notwithstanding the provisions of §§ 37-7- |
24 | 1 and 37-7-9, rents collected from provider agencies providing services in state-owned group home |
25 | as defined in § 40.1-24-1(2) and licensed by the department of behavioral healthcare, |
26 | developmental disabilities and hospitals. All money in the account shall by utilized by the |
27 | department of behavioral healthcare, developmental disabilities and hospitals (“department”) to |
28 | fund the ongoing upkeep and maintenance of state-owned facilities as defined by § 40.1-24-1(6). |
29 | Use of the funds will be directed by the department’s strategic priorities. The group home facility |
30 | improvement fund shall be exempt from the indirect cost recovery provisions of § 35-4-27. |
31 | SECTION 6. Section 42-6.2-3.1 of the General Laws in Chapter 42-6.2 entitled "2021 Act |
32 | on Climate” is hereby amended to read as follows: |
33 | 42-6.2-3.1. Funding for the council. |
34 | There is hereby established a restricted receipt account in the general fund of the state and |
| LC004143 - Page 53 of 226 |
1 | housed in the budget of the department of administration entitled “RGGI-executive climate change |
2 | coordinating council projects.” The express purpose of this account is to record receipts and |
3 | expenditures allocated pursuant to § 23-82-6(a)(7),(8). The state budget officer is hereby authorized |
4 | to create restricted receipt sub-accounts in any department of state government that receives such |
5 | funding as directed by the executive climate change coordinating council. |
6 | The Rhode Island executive climate change coordinating council shall report annually to |
7 | the governor and general assembly within one hundred twenty (120) days of the end of each |
8 | calendar year how the funds were used to achieve the statutory objectives of the 2021 Act on |
9 | Climate. |
10 | SECTION 7. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled “Department |
11 | of Administration” is hereby amended to read as follows: |
12 | 42-11-2.5. Information technology restricted receipt account and large systems |
13 | initiatives fund. |
14 | (a) All sums from the sale of any land and the buildings and improvements thereon, and |
15 | other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37- |
16 | 7-15(c) § 37-7-15(b)-(d), shall be transferred to an information technology restricted receipt |
17 | account (ITRR account) that is hereby established. This ITRR account shall consist of such sums |
18 | from the sale of any land and the buildings and improvements thereon, and other real property, title |
19 | to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c) § 37-7-15(b)- |
20 | (d), as well as a share of first response surcharge revenues collected under the provisions of § 39- |
21 | 21.1-14. This ITRR account may also consist of such sums as the state may from time to time |
22 | appropriate; as well as money received from the disposal of information technology hardware, loan, |
23 | interest, and service charge payments from benefiting state agencies; as well as interest earnings, |
24 | money received from the federal government, gifts, bequest, donations, or otherwise from any |
25 | public or private source. Any such funds shall be exempt from the indirect cost recovery provisions |
26 | of § 35-4-27. |
27 | (1) This ITRR account shall be used for the purpose of acquiring information technology |
28 | improvements, including, but not limited to: hardware, software, consulting services, and ongoing |
29 | maintenance and upgrade contracts for state departments and agencies. |
30 | (2) The division of enterprise technology strategy and services of the Rhode Island |
31 | department of administration shall adopt rules and regulations consistent with the purposes of this |
32 | chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement |
33 | of funds from this ITRR account. |
34 | (3) For all requests for proposals that are issued for information technology projects, a |
| LC004143 - Page 54 of 226 |
1 | corresponding information technology project manager shall be assigned. |
2 | (b) There is also hereby established a special fund to be known as the large systems |
3 | initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered |
4 | by the chief information officer within the department of administration for the purpose of |
5 | implementing and maintaining enterprise-wide software projects for executive branch departments. |
6 | The LSI fund shall consist of such sums as the state may from time to time directly appropriate to |
7 | the LSI fund. After the completion of any project, the chief digital officer shall inform the state |
8 | controller of unexpended sums previously transferred to the LSI Fund for that project and the state |
9 | controller shall subsequently transfer any such unexpended funds to the information technology |
10 | restricted receipt account. |
11 | (c) For any new project initiated using sums expended from the LSI Fund, as part of its |
12 | budget submission pursuant to § 35-3-4 relative to state fiscal year 2025 and thereafter, the |
13 | department of administration shall include a statement of project purpose and the estimated project |
14 | cost. |
15 | SECTION 8. Section 42-66-4 of the General Laws in Chapter 42-66 entitled "Office of |
16 | Healthy Aging” is hereby amended to read as follows: |
17 | 42-66-4. Duties of the division. |
18 | (a) The division shall be the principal agency of the state to mobilize the human, physical, |
19 | and financial resources available to plan, develop, and implement innovative programs to ensure |
20 | the dignity and independence of elderly persons, including the planning, development, and |
21 | implementation of a home- and long-term-care program for the elderly in the communities of the |
22 | state. |
23 | (b)(1) The division shall serve as an advocate for the needs of the adult with a disability as |
24 | these needs and services overlap the needs and services of elderly persons. |
25 | (2) The division shall serve as the state’s central agency for the administration and |
26 | coordination of a long-term-care entry system, using community-based access points, that will |
27 | provide the following services related to long-term care: information and referral; initial screening |
28 | for service and benefits eligibility; and a uniform assessment program for state-supported long- |
29 | term care. |
30 | (3) The division shall investigate reports of elder abuse, neglect, exploitation, or self- |
31 | neglect and shall provide and/or coordinate protective services. |
32 | (c) To accomplish these objectives, the director is authorized: |
33 | (1) To provide assistance to communities in solving local problems with regard to elderly |
34 | persons including, but not limited to, problems in identifying and coordinating local resources to |
| LC004143 - Page 55 of 226 |
1 | serve the needs of elderly persons; |
2 | (2) To facilitate communications and the free flow of information between communities |
3 | and the offices, agencies, and employees of the state; |
4 | (3) To encourage and assist communities, agencies, and state departments to plan, develop, |
5 | and implement home- and long-term care programs; |
6 | (4) To provide and act as a clearinghouse for information, data, and other materials relative |
7 | to elderly persons; |
8 | (5) To initiate and carry out studies and analyses that will aid in solving local, regional, |
9 | and statewide problems concerning elderly persons; |
10 | (6) To coordinate those programs of other state agencies designed to assist in the solution |
11 | of local, regional, and statewide problems concerning elderly persons; |
12 | (7) To advise and inform the governor on the affairs and problems of elderly persons in the |
13 | state; |
14 | (8) To exercise the powers and discharge the duties assigned to the director in the fields of |
15 | health care, nutrition, homemaker services, geriatric day care, economic opportunity, local and |
16 | regional planning, transportation, and education and pre-retirement programs; |
17 | (9) To further the cooperation of local, state, federal, and private agencies and institutions |
18 | providing for services or having responsibility for elderly persons; |
19 | (10) To represent and act on behalf of the state in connection with federal grant programs |
20 | applicable to programs for elderly persons in the functional areas described in this chapter; |
21 | (11) To seek, accept, and otherwise take advantage of all federal aid available to the |
22 | division, and to assist other agencies of the state, local agencies, and community groups in taking |
23 | advantage of all federal grants and subventions available for elderly persons and to accept other |
24 | sources of funds with the approval of the director of administration that shall be deposited as general |
25 | revenues; |
26 | (12) To render advice and assistance to communities and other groups in the preparation |
27 | and submission of grant applications to state and federal agencies relative to programs for elderly |
28 | persons; |
29 | (13) To review and coordinate those activities of agencies of the state and of any political |
30 | subdivision of the state at the request of the subdivision, that affect the full and fair utilization of |
31 | community resources for programs for elderly persons, and initiate programs that will help ensure |
32 | such utilization; |
33 | (14) To encourage the formation of councils on aging and to assist local communities in |
34 | the development of the councils; |
| LC004143 - Page 56 of 226 |
1 | (15) To promote and coordinate daycare facilities for the frail elderly who are in need of |
2 | supportive care and supervision during the daytime; |
3 | (16) To provide and coordinate the delivery of in-home services to the elderly, as defined |
4 | under the rules and regulations adopted by the office of healthy aging; |
5 | (17) To advise and inform the public of the risks of accidental hypothermia; |
6 | (18) To establish a clearinghouse for information and education of the elderly citizens of |
7 | the state, including, but not limited to, and subject to available funding, a web-based caregiver |
8 | support information center; |
9 | (19) [As amended by P.L. 2019, ch. 110, § 2]. To establish and operate, in collaboration |
10 | with the departments of behavioral health, developmental disabilities and hospitals; human |
11 | services; and children youth and families regular community agencies supporting caregivers, a |
12 | statewide family-caregiver support association and a family-caregiver resource network to provide |
13 | and coordinate family-caregiver training and support services to include counseling and elder |
14 | caregiver respite services, which shall be subject to available funding, and include home |
15 | health/homemaker care, adult day services, assisted living, and nursing facility care; and |
16 | (19) [As amended by P.L. 2019, ch. 130, § 2]. To establish and operate, in collaboration |
17 | with the department of behavioral healthcare, developmental disabilities and hospitals; the |
18 | department of human services; the department of children, youth and families, and community |
19 | agencies supporting caregivers, a statewide family-caregiver support association and a family- |
20 | caregiver resource network to provide and coordinate family-caregiver training and support |
21 | services to include counseling and caregiver respite services, which shall be subject to available |
22 | funding, and include home health/homemaker care, adult day services, assisted living, and nursing |
23 | facility care; and |
24 | (20) To supervise the citizens’ commission for the safety and care of the elderly created |
25 | pursuant to the provisions of chapter 1.4 of title 12. |
26 | (d) In order to assist in the discharge of the duties of the division, the director may request |
27 | from any agency of the state information pertinent to the affairs and problems of elderly persons. |
28 | (e) There is hereby established within the general fund of the state and housed within the |
29 | budget of the office of healthy aging a restricted receipt account entitled “Commodity Supplemental |
30 | Food Program- Claims” to account for funds collected in payment of claims for donated food |
31 | losses, pursuant to united states department of agriculture guidelines under the commodity |
32 | supplemental food program. Expenditures from this account shall be utilized by the office solely |
33 | for the following purposes: |
34 | (i) Purchase of replacement foods. |
| LC004143 - Page 57 of 226 |
1 | (ii) Payment of administrative costs. |
2 | (iii) Replacement of lost or improperly used funds. |
3 | (iv) For use as a salvage account in compliance with federal regulations. |
4 | SECTION 9. Chapter 42-140 of the General Laws entitled “Rhode Island Energy |
5 | Resources Act” is hereby amended by adding thereto the following section: |
6 | 42-140-11. Electric vehicle charging stations operating and maintenance fund. |
7 | (a) There is established a restricted receipts account within the general fund of the state, to |
8 | be known as the "electric vehicle charging stations operating and maintenance account”, to be |
9 | administered by the office of energy resources for the purposes of installing, operating, and |
10 | maintaining electric vehicle charging stations on state properties. |
11 | (b) Effective January 1, 2025, the office of energy resources shall establish electric vehicle |
12 | charging station fees for electric vehicle charging stations operating on state properties. |
13 | (c) The office of energy resources shall post the proposed charging station fees on its |
14 | website and solicit public comment for a period of thirty (30) days. |
15 | (d) The office of energy resources shall have the authority to allocate funds not utilized in |
16 | a fiscal year to fulfill the objectives of this section. Funds deposited into the electric vehicle |
17 | charging stations operating and maintenance account shall be exempt from the indirect cost |
18 | recovery provisions of R.I. Gen. Laws § 35-4-27. |
19 | SECTION 10. Sections 1 and 3 of this Article shall take effect as of July 1, 2023. Section |
20 | 2 and Sections 4 through 9 shall take effect as of July 1, 2024. |
| LC004143 - Page 58 of 226 |
1 | ARTICLE 3 |
2 | RELATING TO GOVERNMENT REFORM AND REORGANIZATION |
3 | SECTION 1. Section 23-1-5.5 of the General Laws in Chapter 23-1 entitled “Department |
4 | of Health” is hereby amended to read as follows: |
5 | 23-1-5.5. Annual report. |
6 | The department of health shall prepare and issue an annual report on the status of private |
7 | well water contamination in the state. The report shall be submitted to the governor and the general |
8 | assembly by January 15th July 1 of each year and shall be made available to the public. |
9 | SECTION 2 Section 23-1-9 of the General Laws in Chapter 23-1 entitled “Department of |
10 | Health” is hereby repealed: |
11 | § 23-1-9. Annual report to general assembly. |
12 | The director of health shall make an annual report to the general assembly of his or her |
13 | proceedings during the year ending on the thirty-first (31st) day of December next preceding, with |
14 | any suggestions in relation to the sanitary laws and interests of the state that he or she shall deem |
15 | important. |
16 | SECTION 3. Section 23-1.1-3 of the General Laws in Chapter 23-1.1 entitled “Division of |
17 | Occupational Health” is hereby repealed. |
18 | 23-1.1-3. Annual report. |
19 | The director of health shall annually furnish information regarding the activities of the |
20 | division of occupational health to the director of labor and training for inclusion in the director of |
21 | labor and training’s annual report to the governor and to the general assembly. The director of |
22 | health shall also provide information to the director of labor and training for reports to be submitted |
23 | to the United States Secretary of Labor in the form and from time to time that the secretary of labor |
24 | and training may require. |
25 | SECTION 4. Section 23-6.4-8 of the General Laws in Chapter 23-6.4 entitled “Life-Saving |
26 | Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration” |
27 | is hereby amended to read as follows: |
28 | 23-6.4-8. Reporting. |
29 | An authorized entity that possesses and makes available epinephrine auto-injectors shall |
30 | submit to the department of health, on a form developed by the department of health, a report of |
31 | each incident on the authorized entity’s premises that involves the administration of an epinephrine |
32 | auto-injector. The department of health shall annually publish a report that summarizes and |
33 | analyzes all reports submitted to it under this section. |
34 | SECTION 5. Section 23-12.7-3 of the General Laws in Chapter 23-12.7 entitled “The |
| LC004143 - Page 59 of 226 |
1 | Breast Cancer Act” is hereby amended to read as follows: |
2 | 23-12.7-3. Program established. |
3 | Through funding from the Rhode Island Cancer Council, the Rhode Island |
4 | department of health is required to establish a program of free mammography screening according |
5 | to American Cancer Society standards, and, where required, follow-up, diagnostic testing, and case |
6 | management for women in the state who are uninsured or underinsured. |
7 | (b) The screening program shall: |
8 | (1) Secure radiology facilities to participate in the screening program; |
9 | (2) Pay for screening mammograms; |
10 | (3) Ensure that screening results are sent by mail, electronically, or otherwise, to the patient |
11 | in a timely manner; |
12 | (4) Provide diagnostic tests as required to diagnose breast cancer; |
13 | (5) Provide case management facilitating appropriate contact to breast surgeons, medical |
14 | oncologists, and radiation oncologists; and |
15 | (6) Provide follow-up support to women who are found to have breast cancer as a result of |
16 | this screening program. |
17 | (c) The director of the Rhode Island department of health is required to provide a quarterly |
18 | an annual report due to the general assembly on May 15 on the program of free mammography |
19 | screening, follow-up diagnostic testing and case management, and public education. An advisory |
20 | committee concerned with advocacy, outreach, and public education shall meet on a quarterly basis |
21 | and report to the director. |
22 | SECTION 6. Section 23-13.7-2 of the General Laws in Chapter 23-12.7 entitled “The |
23 | Rhode Island Family Home-Visiting Act” is hereby amended to read as follows: |
24 | 23-13.7-2. Home-visiting system components. |
25 | (a) The Rhode Island department of health shall coordinate the system of early childhood |
26 | home-visiting services in Rhode Island and shall work with the department of human services and |
27 | department of children, youth and families to identify effective, evidence-based, home-visiting |
28 | models that meet the needs of vulnerable families with young children. |
29 | (b) The Rhode Island department of health shall implement a statewide home-visiting |
30 | system that uses evidence-based models proven to improve child and family outcomes. Evidence- |
31 | based, home-visiting programs must follow with fidelity a program model with comprehensive |
32 | standards that ensure high-quality service delivery, use research-based curricula, and have |
33 | demonstrated significant positive outcomes in at least two (2) of the following areas: |
34 | (1) Improved prenatal, maternal, infant, or child health outcomes; |
| LC004143 - Page 60 of 226 |
1 | (2) Improved safety and reduced child maltreatment and injury; |
2 | (3) Improved family economic security and self-sufficiency; |
3 | (4) Enhanced early childhood development (social-emotional, language, cognitive, |
4 | physical) to improve children’s readiness to succeed in school. |
5 | (c) The Rhode Island department of health shall implement a system to identify and refer |
6 | families prenatally, or as early after the birth of a child as possible, to voluntary, evidence-based, |
7 | home-visiting programs. The referral system shall prioritize families for services based on risk |
8 | factors known to impair child development, including: |
9 | (1) Adolescent parent(s); |
10 | (2) History of prenatal drug or alcohol abuse; |
11 | (3) History of child maltreatment, domestic abuse, or other types of violence; |
12 | (4) Incarcerated parent(s); |
13 | (5) Reduced parental cognitive functioning or significant disability; |
14 | (6) Insufficient financial resources to meet family needs; |
15 | (7) History of homelessness; or |
16 | (8) Other risk factors as determined by the department. |
17 | (d) Beginning on or before October 1, 2016, and annually thereafter, tThe Rhode Island |
18 | department of health shall issue a state home-visiting report due annually by March 1 of each year |
19 | that outlines the components of the state’s family home-visiting system that shall be made publicly |
20 | available on the department’s website. The report shall include: |
21 | (1) The number of families served by each evidence-based model; and |
22 | (2) Demographic data on families served; and |
23 | (3) Duration of participation of families; and |
24 | (4) Cross-departmental coordination; and |
25 | (5) Outcomes related to prenatal, maternal, infant and child health, child maltreatment, |
26 | family economic security, and child development and school readiness; and |
27 | (6) An annual estimate of the number of children born to Rhode Island families who face |
28 | significant risk factors known to impair child development, and a plan including the fiscal costs |
29 | and benefits to gradually expand access to the existing evidence-based, family home-visiting |
30 | programs in Rhode Island to all vulnerable families. |
31 | (e) State appropriations for this purpose shall be combined with federal dollars to fund the |
32 | expansion of evidence-based, home-visiting programs, with the goal of offering the program to all |
33 | the state’s pregnant and parenting teens; families with a history of involvement with the child |
34 | welfare system; and other vulnerable families. |
| LC004143 - Page 61 of 226 |
1 | SECTION 7. Section 23-18.16-4 of the General Laws in Chapter 23-18.16 entitled |
2 | “Newspaper Recyclability” is hereby amended to read as follows: |
3 | 23-18.16-4. Reporting – Determination of compliance – Orders – Appeals. |
4 | (a) The department shall annually report to the governor and the general assembly, all |
5 | findings regarding publications both in compliance and not in compliance with the requirements of |
6 | this chapter. |
7 | (b) The department must by July 1 of each year produce a written determination on any |
8 | publication that does not comply with the provision of this chapter. |
9 | (c) (a) All publications will report on an annual basis their annual rate of purchase of post |
10 | consumer materials to the department of environmental management. A person adversely affected |
11 | or aggrieved by the issuance of an order under the provisions of this section may seek judicial |
12 | review of an order in the superior courts. |
13 | SECTION 8. Section 23-19.10-11 of the General Laws in Chapter 23-19.10 entitled |
14 | “Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1986” |
15 | is hereby repealed. |
16 | 23-19.10-11. Report to the governor and the general assembly. |
17 | (a) The department shall annually report to the governor and the general assembly on the |
18 | status, funding, and results of all demonstration and research projects awarded grants. |
19 | (b) This report shall include recommendations for legislation and shall identify those state |
20 | and federal economic and financial incentives which can best accelerate and maximize the research, |
21 | development, and demonstration of hazardous waste reduction, recycling, and treatment |
22 | technologies. |
23 | SECTION 9. Section 23-20.11-4 of the General Laws in Chapter 23-20.11 entitled |
24 | “Reduced Cigarette Ignition Propensity and Firefighter Protection” is hereby amended to read as |
25 | follows: |
26 | 23-20.11-4. Standards for cigarette fire safety. |
27 | (a) No cigarettes may be sold or offered for sale in this state or offered for sale or sold to |
28 | persons located in this state unless such cigarettes have been tested in accordance with the test |
29 | method and meet the performance standard specified in this subsection; and a written certification |
30 | has been filed by the manufacturer with the director in accordance with § 23-20.11-5 of this act; |
31 | and the cigarettes have been marked in accordance with § 23-20.11-6 of this act. |
32 | (1) Testing of cigarettes shall be conducted in accordance with the American Society of |
33 | Testing and Materials (“ASTM”) standard E2187-04 “Standard Test Method for Measuring the |
34 | Ignition Strength of Cigarettes.” |
| LC004143 - Page 62 of 226 |
1 | (2) Testing shall be conducted on ten (10) layers of filter paper. |
2 | (3) No more than twenty-five percent (25%) of the cigarettes tested in a test trial in |
3 | accordance with this subsection shall exhibit full-length burns. Forty (40) replicate tests shall |
4 | comprise a complete test trial for each cigarette tested. |
5 | (4) The performance standard required by this subsection shall only be applied to a |
6 | complete test trial. |
7 | (5) Written certifications shall be based upon testing conducted by a laboratory that has |
8 | been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for |
9 | Standardization (“ISO”), or other comparable accreditation standard required by the director. |
10 | (6) Laboratories conducting testing in accordance with this subsection shall implement a |
11 | quality control and quality assurance program that includes a procedure to determine the |
12 | repeatability of the testing results. The repeatability value shall be no greater than nineteen |
13 | hundredths (0.19). |
14 | (7) This section does not require additional testing if cigarettes are tested consistent with |
15 | this chapter for any other purpose. |
16 | (8) Testing performed or sponsored by the director to determine a cigarette’s compliance |
17 | with the performance standard required by this section shall be conducted in accordance with this |
18 | section. |
19 | (b) Each cigarette listed in a certification submitted pursuant to § 23-20.11-5 of this act that |
20 | uses lowered permeability bands in the cigarette paper to achieve compliance with the performance |
21 | standard set forth in this section shall have at least two (2) nominally identical bands on the paper |
22 | surrounding the tobacco column. At least one complete band shall be located at least fifteen (15) |
23 | millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned |
24 | by design, there shall be at least two (2) bands fully located at least fifteen (15) millimeters from |
25 | the lighting end and ten (10) millimeters from the filter end of the tobacco column, or ten (10) |
26 | millimeters from the labeled end of the tobacco column for a nonfiltered cigarette. |
27 | (c) The manufacturer or manufacturers of a cigarette that the director determines cannot be |
28 | tested in accordance with the test method prescribed in subsection 23-20.11-4(a) shall propose a |
29 | test method and performance standard for such cigarette to the director. Upon approval of the |
30 | proposed test method and a determination by the director that the performance standard proposed |
31 | by the manufacturer or manufacturers is equivalent to the performance standard prescribed in |
32 | subsection 23-20.11-4(a), the manufacturer or manufacturers may employ such test method and |
33 | performance standard to certify such cigarette pursuant to § 23-20.11-5 of this act. If the director |
34 | determines that another state has enacted reduced cigarette ignition propensity standards that |
| LC004143 - Page 63 of 226 |
1 | include a test method and performance standard that are the same as those contained in this section, |
2 | and the director finds that the officials responsible for implementing those requirements have |
3 | approved the proposed alternative test method and performance standard for a particular cigarette |
4 | proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that |
5 | state’s law or regulation under a legal provision comparable to this subsection, then the director |
6 | shall authorize that manufacturer to employ the alternative test method and performance standard |
7 | to certify that cigarette for sale in this state, unless the director demonstrates a reasonable basis why |
8 | the alternative test should not be accepted under this chapter. All other applicable requirements of |
9 | this section shall apply to such manufacturer or manufacturers. |
10 | (d) Each manufacturer shall maintain copies of the reports of all tests conducted on all |
11 | cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports |
12 | available to the director and the attorney general upon written request. Any manufacturer who fails |
13 | to make copies of these reports available within sixty (60) days of receiving a written request shall |
14 | be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the |
15 | sixtieth (60th) day that the manufacturer does not make such copies available. |
16 | (e) The director may adopt a subsequent ASTM Standard Test Method for Measuring the |
17 | Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a |
18 | change in the percentage of full-length burns exhibited by any tested cigarette when compared to |
19 | the percentage of full-length burns the same cigarette would exhibit when tested in accordance with |
20 | ASTM Standard E2187-04 and the performance standard prescribed in subsection 23-20.11-4(a). |
21 | (f) As of January 1, 2010, and at least every three (3) years thereafter, the director shall |
22 | review of the effectiveness of this section and report to the legislature the director’s finding’s and, |
23 | if appropriate, recommendations for legislation to improve the effectiveness of this section. The |
24 | report and legislative recommendations shall be submitted no later than January 1 of each three (3) |
25 | year period. |
26 | (gf) This chapter shall be implemented in accordance with the implementation and |
27 | substance of the New York Fire Safety Standards for Cigarettes. |
28 | SECTION 10. Sections 23-24.12-2 and 23-24.12-3 of the General Laws in Chapter 23- |
29 | 24.12 entitled “Proper Management of Unused Paint” are hereby amended to read as follows: |
30 | 23-24.12-2. Management of unused architectural paint — Definitions. |
31 | (1) “Architectural paint” means interior and exterior architectural coatings sold in |
32 | containers of five (5) gallons or less. Architectural paint does not include industrial, original |
33 | equipment or specialty coatings. |
34 | (2) “Department” means the department of environmental management. |
| LC004143 - Page 64 of 226 |
1 | (3) “Director” means the director of the department of environmental management. |
2 | (4) “Distributor” means a company that has a contractual relationship with one or more |
3 | producers to market and sell architectural paint to retailers in this state. |
4 | (5) “Environmentally sound management practices” means procedures for the collection, |
5 | storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by |
6 | the representative implementing organization or such representative implementing organization’s |
7 | contracted partners to ensure compliance with all applicable federal, state and local laws, |
8 | regulations and ordinances and the protection of human health and the environment. |
9 | Environmentally sound management practices include, but are not limited to, record keeping, the |
10 | tracking and documenting of the use and disposition of post-consumer paint in and outside of this |
11 | state, and environmental liability coverage for professional services and for the operations of the |
12 | contractors working on behalf of the representative implementing organization. |
13 | (6) “Paint stewardship assessment” means the amount added to the purchase price of |
14 | architectural paint sold in this state that is necessary to cover the cost of collecting, transporting |
15 | and processing post-consumer paint by the representative implementing organization pursuant to |
16 | the paint stewardship program. |
17 | (7) “Post-consumer paint” means architectural paint that is not used and that is no longer |
18 | wanted by a purchaser of architectural paint. |
19 | (8) “Producer” means a manufacturer of architectural paint who sells, offers for sale, |
20 | distributes or contracts to distribute architectural paint in this state. |
21 | (9) “Recycling” means any process by which discarded products, components and by- |
22 | products are transformed into new, usable or marketable materials in a manner in which the original |
23 | products may lose their identity. |
24 | (10) “Representative Implementing organization” means the nonprofit organization created |
25 | by producers selected by the department to implement the paint stewardship program described in |
26 | § 23-24.11-3 23-24.12-3. |
27 | (11) “Retailer” means any person who offers architectural paint for sale at retail in this |
28 | state. |
29 | (12) “Reuse” means the return of a product into the economic stream for use in the same |
30 | kind of application as the product was originally intended to be used, without a change in the |
31 | product’s identity. |
32 | (13) “Sell” or “sale” means any transfer of title for consideration including, but not limited |
33 | to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar |
34 | electronic means. |
| LC004143 - Page 65 of 226 |
1 | 23-24.12-3. Establishment of paint stewardship program. |
2 | (a) On or before March 1, 2014, each producer shall join the representative organization |
3 | and such representative organization shall submit a plan for the establishment of a paint stewardship |
4 | program to the department for approval. The program shall minimize the public sector involvement |
5 | in the management of post-consumer paint by reducing the generation of post-consumer paint, |
6 | negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an |
7 | appropriately licensed facility post-consumer paint using environmentally sound management |
8 | practices. No later than June 30, 2025, and every five years thereafter, unless otherwise delegated |
9 | to the department by the chief purchasing officer, the division of purchases shall issue a solicitation |
10 | seeking an organization or entity to implement and administer the paint stewardship program as |
11 | described in this section. The solicitation shall be conducted in accordance with State Purchases |
12 | Act, R.I. Gen. Laws 37-2-1 et seq. The paint stewardship program in effect at the time that this |
13 | statute is enacted shall remain in effect until such time as an organization or entity is selected by |
14 | the department to administer the program. |
15 | (b) The program shall also provide for convenient and available state-wide collection of |
16 | post-consumer paint that, at a minimum, provides for collection rates and convenience greater than |
17 | the collection programs available to consumers prior to such paint stewardship program; propose a |
18 | paint stewardship assessment; include a funding mechanism that requires each producer who |
19 | participates in the representative organization to remit to the representative organization payment |
20 | of the paint stewardship assessment for each container of architectural paint sold within the state; |
21 | include an education and outreach program to help ensure the success of the program; and, work |
22 | with the department and Rhode Island commerce corporation to identify ways in which the state |
23 | can motivate local infrastructure investment, business development and job creation related to the |
24 | collection, transportation and processing of post-consumer paint. Each proposal submitted to the |
25 | department shall include, at a minimum, the following elements: |
26 | (1) Recommendations to minimize the public sector involvement in the management of |
27 | post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to |
28 | collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed |
29 | facility post-consumer paint using environmentally sound management practices. |
30 | (2) A proposed program that will provide for convenient and available state-wide collection |
31 | of post-consumer paint that, at a minimum, provides for collection rates and convenience greater |
32 | than the collection programs available to consumers prior to such paint stewardship program; |
33 | propose a paint stewardship assessment; include a funding mechanism that requires each producer |
34 | to remit to the implementing organization payment of the paint stewardship assessment for each |
| LC004143 - Page 66 of 226 |
1 | container of architectural paint sold within the state; include an education and outreach program to |
2 | help ensure the success of the program; and, work with the department and Rhode Island commerce |
3 | corporation to identify ways in which the state can motivate local infrastructure investment, |
4 | business development and job creation related to the collection, transportation and processing of |
5 | post-consumer paint. |
6 | (c) The plan submitted to the department pursuant to this section shall Each proposal shall |
7 | also: |
8 | (1) Identify each producer participating that will participate in the paint stewardship |
9 | program and the brands of architectural paint sold in this state covered by the program; |
10 | (2) Identify how the representative implementing organization will provide convenient, |
11 | statewide accessibility to the program; |
12 | (3) Set forth the process by which an independent auditor will be selected and identify the |
13 | criteria used by the representative implementing organization in selecting an independent auditor; |
14 | (4) Identify, in detail, the educational and outreach program that will be implemented to |
15 | inform consumers and retailers of the program and how to participate; |
16 | (5) Identify the methods and procedures under which the paint stewardship program will |
17 | be coordinated with the Rhode Island resource recovery corporation; |
18 | (6) Identify, in detail, the operational plans for interacting with retailers on the proper |
19 | handling and management of post-consumer paint; |
20 | (7) Include the proposed, audited paint assessment as identified in this section; |
21 | (8) Include the targeted annual collection rate; |
22 | (9) Include a description of the intended treatment, storage, transportation and disposal |
23 | options and methods for the collected post-consumer paint; and |
24 | (10) Be accompanied by a fee in the amount of two thousand five hundred dollars ($2,500) |
25 | to be deposited into the environmental response fund to cover the review of said plan by the |
26 | department. |
27 | (d) Not later than sixty (60) days after submission of a plan pursuant to this section, the |
28 | department shall make a determination whether to: |
29 | (1) Approve the plan as submitted; |
30 | (2) Approve the plan with conditions; or |
31 | (3) Deny the plan. |
32 | (e) Not later than three (3) months after the date the plan is approved, the representative |
33 | organization shall implement the paint stewardship program. |
34 | (fd) On or before March 1, 2014, the representative organization Each proposal shall |
| LC004143 - Page 67 of 226 |
1 | propose a uniform paint stewardship assessment for all architectural paint sold in this state. The |
2 | proposed paint stewardship assessment shall be sufficient to cover the costs of administering the |
3 | program. The assessment may also be used to create a reserve fund, provided that such reserve fund |
4 | shall not exceed 50% of projected program costs in any given year. If the reserve fund is projected |
5 | to exceed 50% of projected program costs, the implementing organization shall immediately |
6 | propose to the department an amendment to the approved plan which will reduce the paint |
7 | stewardship assessment in the following calendar year by an amount sufficient to cause the reserve |
8 | fund to not exceed 50% of projected program costs. The department shall have the authority to cap |
9 | administrative expenses at a percentage of program costs as part of any contract awarded to |
10 | administer the paint stewardship program. Such proposed paint stewardship assessment shall be |
11 | reviewed by an independent auditor to assure that such assessment is consistent with the budget of |
12 | the paint stewardship program described in this section and such independent auditor shall |
13 | recommend an amount for such paint stewardship assessment to the department. The department |
14 | shall be responsible for the approval of such paint stewardship assessment based upon the |
15 | independent auditor’s recommendation. If the paint stewardship assessment previously approved |
16 | by the department pursuant to this section is proposed to be changed, the representative |
17 | organization shall submit the new, adjusted uniform paint stewardship assessment to an |
18 | independent auditor for review. After such review has been completed, the representative |
19 | organization shall submit the results of said auditor’s review and a proposal to amend the paint |
20 | stewardship assessment to the department for review. The department shall review and approve, in |
21 | writing, the adjusted paint stewardship assessment before the new assessment can be implemented. |
22 | Any proposed changes to the paint stewardship assessment shall be submitted to the department no |
23 | later than sixty (60) days prior to the date the representative organization anticipates the adjusted |
24 | assessment to take effect. |
25 | (ge) On and after the date of implementation of the paint stewardship program pursuant to |
26 | this section, the paint stewardship assessment shall be added to the cost of all architectural paint |
27 | sold to retailers and distributors in this state by each producer. On and after such implementation |
28 | date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship |
29 | assessment to the purchase price of all architectural paint sold in this state. |
30 | (hf) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant |
31 | to such paint stewardship program and in accordance with any applicable provision of law or |
32 | regulation. |
33 | (ig) Each producer and the representative implementing organization shall be immune from |
34 | liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a |
| LC004143 - Page 68 of 226 |
1 | violation of antitrust law, to the extent such producer or representative implementing organization |
2 | is exercising authority pursuant to the provisions of this section. |
3 | (jh) Not later than the implementation date of the paint stewardship program, the |
4 | department shall list the names of participating producers the brands of architectural paint covered |
5 | by such paint stewardship program and the cost of the approved paint stewardship assessment on |
6 | its website. |
7 | (ki)(1) On and after the implementation date of the paint stewardship program, no producer, |
8 | distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the |
9 | producer of such architectural paint is not a member of paint stewardship assessment is not |
10 | collected and remitted to the representative implementing organization. |
11 | (2) No retailer or distributor shall be found to be in violation of the provisions of this section |
12 | if, on the date the architectural paint was ordered from the producer or its agent, the producer or |
13 | the subject brand of architectural paint was listed on the department’s website in accordance with |
14 | the provisions of this section. |
15 | (lj) Producers or the representative implementing organization shall provide retailers with |
16 | educational materials regarding the paint stewardship assessment and paint stewardship program |
17 | to be distributed at the point of sale to the consumer. Such materials shall include, but not be limited |
18 | to, information regarding available end-of-life management options for architectural paint offered |
19 | through the paint stewardship program and information that notifies consumers that a charge for |
20 | the operation of such paint stewardship program is included in the purchase price of all architectural |
21 | paint sold in this state. |
22 | (mk) On or before October 15, 2015, and annually thereafter, the representative |
23 | implementing organization shall submit a report to the director of the department of environmental |
24 | management that details the paint stewardship program. Said report shall include a copy of the |
25 | independent audit detailed in subdivision (4) below. Such annual report shall include, but not be |
26 | limited to: |
27 | (1) A detailed description of the methods used to collect, transport and process post- |
28 | consumer paint in this state; |
29 | (2) The overall volume of post-consumer paint collected in this state; |
30 | (3) The volume and type of post-consumer paint collected in this state by method of |
31 | disposition, including reuse, recycling and other methods of processing or disposal; |
32 | (4) The total cost of implementing the program, as determined by an independent financial |
33 | audit, as performed by an independent auditor; |
34 | (5) An evaluation of the adequacy of the program’s funding mechanism; |
| LC004143 - Page 69 of 226 |
1 | (6) Samples of all educational materials provided to consumers of architectural paint and |
2 | participating retailers; and |
3 | (7) A detailed list of efforts undertaken and an evaluation of the methods used to |
4 | disseminate such materials including recommendations, if any, for how the educational component |
5 | of the program can be improved. |
6 | (nl) The representative implementing organization shall may update the plan, as needed, |
7 | when there are changes proposed to the current program. An new plan or amendment to the existing |
8 | plan will be required to be submitted to the department for approval when: |
9 | (1) There is a proposed change to the amount of the assessment; or |
10 | (2) There is an addition to the products covered under the program; or |
11 | (3) There is a revision of the product stewardship organization’s goals.: or |
12 | (4) Every four (4) years, if requested, in writing, by the department the representative |
13 | organization shall notify the department annually, in writing, if there are no changes proposed to |
14 | the program and the representative organization intends to continue implementation of the program |
15 | as previously approved by the department. |
16 | (m) Upon selection of a new implementing organization to administer the paint stewardship |
17 | program, the program shall be audited by the independent auditor and, upon certification of the |
18 | audit by the department, any funds held by the previous implementing organization shall be |
19 | immediately transferred to the department. These funds shall then be transferred by the department |
20 | to the new implementing organization for use in administering the approved paint stewardship |
21 | program. |
22 | (n) If there are no respondents to the solicitation required by this section, or the department |
23 | determines that none of the responses are sufficient to meet the requirements of this section, the |
24 | Rhode Island resource recovery corporation established pursuant to § 23-19 et. seq. shall serve as |
25 | the implementing organization, as defined in this chapter, until such time as another solicitation is |
26 | required to occur by this section. |
27 | SECTION 11. Chapter 23-28.2 of the General Laws entitled “Office of the State Fire |
28 | Marshal” is hereby amended by adding thereto the following section: |
29 | 23-28.2-30. Deputy state fire marshals assigned to towns or fire districts. |
30 | In the event any town or fire district does not have an assistant deputy state fire marshal |
31 | appointed by the state fire marshal pursuant to § 23-28.2-9 of this chapter to perform fire |
32 | prevention, protection, inspection, and other duties under chapters 28.1 – 28.39 of title 23, the |
33 | applicable town or fire district shall provide written notice to the state fire marshal within ten (10) |
34 | business days of such absence. The notice shall include, at a minimum, the reason for the absence, |
| LC004143 - Page 70 of 226 |
1 | the anticipated duration, and a stated plan for appointment of an assistant deputy state fire marshal |
2 | to perform such services within the applicable town or fire district. Failure to provide such notice |
3 | may result in the assessment of additional fees as deemed necessary and appropriate by the state |
4 | fire marshal. During the absence, the state fire marshal is authorized to assign and appoint one or |
5 | more deputy state fire marshals of the office of the state fire marshal to duty in the applicable town |
6 | or fire district. Each deputy state fire marshal assigned to duty as aforesaid shall during the period |
7 | of such duty continue to be a deputy state fire marshal of the office of the state fire marshal, but the |
8 | salary and expenses of each deputy state fire marshal so assigned, or such prorated amount as |
9 | determined by the state fire marshal, shall be reimbursed by the applicable town or fire district. |
10 | The state fire marshal shall have full power at all times to withdraw any deputy state fire marshal |
11 | assigned to duty in a town or fire district and assign another deputy state fire marshal to his or her |
12 | place or to discontinue such duty and to make no assignment to replace. |
13 | SECTION 12. Section 23-86-1 of the General Laws in Chapter 23-86 entitled “Women’s |
14 | cardiovascular screening and risk reduction pilot program” is hereby repealed. |
15 | 23-86-1. Women’s cardiovascular screening and risk reduction pilot program. |
16 | (a) The department of health (hereinafter, “the department”) shall develop a cardiovascular |
17 | disease screening and lifestyle intervention pilot program at one site in one of Rhode Island’s six |
18 | (6) core cities for low-income, underinsured and uninsured women between forty (40) and sixty- |
19 | four (64) years of age, inclusive, at risk for heart disease, diabetes and stroke, namely Pawtucket, |
20 | Providence, Woonsocket, Newport, West Warwick or Central Falls. |
21 | (b) The department shall develop the program based on the federal WISEWOMEN |
22 | program administered by the Centers for Disease Control and Prevention. The pilot program shall |
23 | employ specified measures to gauge the impact and outcome of the program. These measures may |
24 | include the number of women served, the number who receive lifestyle interventions, the number |
25 | of follow-up visits per woman, an evaluation of the use of progress markers to reduce risk factors, |
26 | and a research and evaluation component. |
27 | (c) The department shall prepare an annual report and submit it to the legislature by January |
28 | 31 of each year summarizing the scope and reach of the pilot program. The final report shall include |
29 | a fiscal analysis and a recommendation outlining the benefits and costs of expanding the pilot |
30 | program throughout the state after the program has been in existence for three (3) years. The pilot |
31 | program shall expire July 1, 2014. |
32 | (d) Implementation of the Women’s Cardiovascular screening and risk reduction pilot |
33 | program shall be subject to appropriation. |
34 | SECTION 13. Sections 23-90-3, 23-90-5, 23-90-6, 23-90-8, 23-90-10 of the General Laws |
| LC004143 - Page 71 of 226 |
1 | in Chapter 23-90 entitled “Responsible Recycling, Reuse and Disposal of Mattresses” are hereby |
2 | amended to read as follows: |
3 | 23-90-3. Definitions. |
4 | As used in this chapter, the following words shall, unless the context clearly requires |
5 | otherwise, have the following meanings: |
6 | (1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer |
7 | of such mattress. |
8 | (2) “Covered entity” means any political subdivision of the state, any mattress retailer, any |
9 | permitted transfer station, any waste to energy facility, any healthcare facility, any educational |
10 | facility, any correctional facility, any military base, or any commercial or non-profit lodging |
11 | establishment that possesses a discarded mattress that was discarded in this state. Covered entity |
12 | does not include any renovator, refurbisher or any person who transports a discarded mattress. |
13 | (3) “Consumer” means an individual who is also a resident of this state. |
14 | (4) “Corporation” means the Rhode Island Resource Recovery Corporation. |
15 | (5) “Corporation Director” means the executive director of the Rhode Island Resource |
16 | Recovery Corporation. |
17 | (6) “Council” or “mattress recycling council” means the state wide, non-profit organization |
18 | created by producers, or created by any trade association that represents producers, who account |
19 | for a majority of mattress production in the United States to design, submit, and implement the |
20 | mattress stewardship plan as described in this chapter. |
21 | (76) “Discarded mattress” means any mattress that a consumer intends to discard, has |
22 | discarded, or that is abandoned. |
23 | (87) “Energy recovery” means the process by which all or a portion of solid waste materials |
24 | are processed or combusted in order to utilize the heat content or other forms of energy derived |
25 | from such solid waste materials. |
26 | (98) “Foundation” means any ticking-covered structure that is used to support a mattress |
27 | and that is composed of one or more of the following: A constructed frame, foam, or a box spring. |
28 | “Foundation” does not include any bed frame or base made of wood, metal, or other material that |
29 | rests upon the floor and that serves as a brace for a mattress. |
30 | (9) “Implementing organization” means the organization or entity selected by the resource |
31 | recovery corporation to administer the mattress stewardship program. |
32 | (10) “Mattress” means any resilient material, or combination of materials, that is enclosed |
33 | by ticking, used alone or in combination with other products, and that is intended for, or promoted |
34 | for, sleeping upon. “Mattress” includes any foundation, renovated foundation, or renovated |
| LC004143 - Page 72 of 226 |
1 | mattress. |
2 | “Mattress” does not include any of the following: |
3 | (i) An unattached mattress pad, an unattached mattress topper, including any item with |
4 | resilient filling, with or without ticking, that is intended to be used with, or on top of a mattress; |
5 | (ii) A sleeping bag, pillow; |
6 | (iii) A crib or bassinet mattress, car bed; |
7 | (iv) Juvenile products, including: a carriage, basket, dressing table, stroller, playpen, infant |
8 | carrier, lounge pad, crib bumper, and the pads for those juvenile products; |
9 | (v) A product that contains liquid- or gaseous-filled ticking, including any water bed or air |
10 | mattress that does not contain upholstery material between the ticking and the mattress core; |
11 | (vi) Any upholstered furniture that does not contain a detachable mattress; or |
12 | (vii) A fold-out sofa bed or futon. |
13 | (11) “Mattress core” means the main support system that is present in a mattress, including, |
14 | but not limited to: springs, foam, air bladder, water bladder, or resilient filling. |
15 | (12) “Mattress recycling council” or “council” means the organization created by producers |
16 | to design, submit, and implement the mattress stewardship program described in § 23-90-5. |
17 | (1312) “Mattress stewardship fee” means the amount added to the purchase price of a |
18 | mattress sold in this state that is necessary to cover the cost of collecting, transporting, and |
19 | processing discarded mattresses by the council pursuant to the mattress stewardship program. |
20 | (1413) “Mattress stewardship program” or “program” means the state wide, program |
21 | described in § 23-90-5 and implemented pursuant to the mattress stewardship plan as approved by |
22 | the corporation director. |
23 | (1514) “Mattress topper” means any item that contains resilient filling, with or without |
24 | ticking, that is intended to be used with or on top of a mattress. |
25 | (1615) “Performance goal” means a metric proposed by the council, to measure, on an |
26 | annual basis, the performance of the mattress stewardship program, taking into consideration |
27 | technical and economic feasibilities, in achieving continuous, meaningful improvement in |
28 | improving the rate of mattress recycling in the state and any other specified goal of the program. |
29 | (1716) “Producer” means any person who manufactures or renovates a mattress that is sold, |
30 | offered for sale, or distributed in the state under the manufacturer’s own name or brand. “Producer” |
31 | includes: |
32 | (i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or |
33 | distributed in this state, whether or not such trademark or brand is registered in this state; and |
34 | (ii) Any person who imports a mattress into the United States that is sold or offered for sale |
| LC004143 - Page 73 of 226 |
1 | in this state and that is manufactured or renovated by a person who does not have a presence in the |
2 | United States; |
3 | (1817) “Recycling” means any process in which discarded mattresses, components, and |
4 | by-products may lose their original identity or form as they are transformed into new, usable, or |
5 | marketable materials. “Recycling” does not include as a primary process the use of incineration for |
6 | energy recovery or energy generation by means of combustion. |
7 | (1918) “Renovate” or “renovation” means altering a mattress for the purpose of resale and |
8 | includes any one, or a combination of, the following: Replacing the ticking or filling, adding |
9 | additional filling, rebuilding a mattress, or replacing components with new or recycled materials. |
10 | “Renovate” or “renovation” does not include the: |
11 | (i) Stripping of a mattress of its ticking or filling without adding new material; |
12 | (ii) Sanitization or sterilization of a mattress without otherwise altering the mattress; or |
13 | (iii) Altering of a mattress by a renovator when a person retains the altered mattress for |
14 | personal use, in accordance with regulations of the department of business regulation. |
15 | (2019) “Renovator” means a person who renovates discarded mattresses for the purpose of |
16 | reselling such mattresses in a retail store. |
17 | (2120) “Retailer” means any person who sells mattresses in this state or offers mattresses |
18 | in this state to a consumer through any means, including, but not limited to, remote offerings such |
19 | as sales outlets, catalogs, or the internet. |
20 | (2221) “Sanitization” means the direct application of chemicals to a mattress to kill human |
21 | disease-causing pathogens. |
22 | (2322) “ Sale” means the transfer of title of a mattress for consideration, including through |
23 | the use of a sales outlet, catalog, internet website, or similar electronic means. |
24 | (2423) “Sterilization” means the mitigation of any deleterious substances or organisms |
25 | including human disease-causing pathogens, fungi, and insects from a mattress or filling material |
26 | using a process approved by the department of business regulation. |
27 | (2524) “Ticking” means the outermost layer of fabric or material of a mattress. “Ticking” |
28 | does not include any layer of fabric or material quilted together with, or otherwise attached to, the |
29 | outermost layer of fabric or material of a mattress. |
30 | (2625) “Upholstery material” means all material, loose or attached, between the ticking |
31 | and the core of a mattress. |
32 | (2726) “Wholesaler” means any person who sells or distributes mattresses in the state, in a |
33 | nonretail setting, for the purpose of the resale of such mattresses. |
34 | 23-90-5. Mattress stewardship plan. |
| LC004143 - Page 74 of 226 |
1 | (a) On or before July 1, 2015 December 31, 2024, and every five years thereafter, the |
2 | mattress stewardship council corporation shall submit a mattress stewardship plan for the |
3 | establishment of a mattress stewardship program to the corporation director for approval issue a |
4 | solicitation consistent with state procurement law to identify an implementing organization to |
5 | administer the mattress stewardship program. |
6 | (b) The plan Responses to the solicitation submitted pursuant to subsection (a) of this |
7 | section shall, to the extent it is technologically feasible and economically practical: |
8 | (1) Identify each producer’s participation in the program; |
9 | (2) Describe the fee structure for the program and propose a uniform stewardship fee that |
10 | is sufficient to cover the costs of operating and administering the program; |
11 | (3) Establish performance goals for the first two (2) years of the program; |
12 | (4) Identify proposed recycling facilities to be used by the program, such facilities shall not |
13 | require a solid waste management facilities license; |
14 | (5) Detail how the program will promote the recycling of discarded mattresses; |
15 | (6) Include a description of the public education program; |
16 | (7) Describe fee-disclosure language that retailers will be required to prominently display |
17 | that will inform consumers of the amount and purpose of the fee; and |
18 | (8) Identify the methods and procedures to facilitate implementation of the mattress |
19 | stewardship program in coordination with the corporation director and municipalities. |
20 | (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the |
21 | corporation shall make a determination whether to: |
22 | (1) Approve the plan as submitted; or |
23 | (2) Deny the plan. |
24 | (d) The corporation director shall approve the plan for the establishment of the mattress |
25 | stewardship program, provided such plan reasonably meets the requirements of this section. Prior |
26 | to making such determination, the corporation director shall post the plan for at least thirty (30) |
27 | days, in accordance with the “Administrative Procedures Act” as set forth in chapter 35 of title 42, |
28 | on the corporation’s website and solicit public comments on the plan to be posted on the website. |
29 | (ec) In the event that the corporation does not select a respondent to administer the mattress |
30 | stewardship program, or the director of the corporation determines that the corporation can |
31 | administer a mattress stewardship program at lower cost to the consumer, then the corporation shall |
32 | administer a mattress stewardship program consistent with the requirements of this chapter. In such |
33 | cases, the corporation shall assume all duties and responsibilities of the implementing organization, |
34 | as defined in this chapter, and shall administer the mattress stewardship program until such time as |
| LC004143 - Page 75 of 226 |
1 | a new implementing organization is selected pursuant to the solicitation required by this section to |
2 | occur every five years. director denies the plan, the corporation director shall provide a notice of |
3 | determination to the council, within sixty (60) days, detailing the reasons for the disapproval. The |
4 | council shall revise and resubmit the plan to the corporation director not later than forty-five (45) |
5 | days after receipt of notice of the corporation director’s denial notice. Not later than forty-five (45) |
6 | days after receipt of the revised plan, the corporation director shall review and approve or deny the |
7 | revised plan. The council may resubmit a revised plan to the corporation director for approval on |
8 | not more than two (2) occasions. If the council fails to submit a plan that is acceptable to the |
9 | corporation director, because it does not meet the criteria pursuant to subdivisions (b)(1-8), the |
10 | corporation director shall have the ability to modify the submitted plan and approve it. Not later |
11 | than one hundred twenty (120) days after the approval of a plan pursuant to this section, the council |
12 | shall implement the mattress stewardship program. |
13 | (fd) It is the responsibility of the council implementing organization to: |
14 | (1) Notify the corporation director whenever there is a proposed substantial change to the |
15 | program. If the corporation director takes no action on a proposed substantial change within ninety |
16 | (90) days after notification of the proposed change, the proposed change shall be deemed approved. |
17 | For the purposes of this subdivision, “substantial change” shall include, but not be limited to: |
18 | (i) A change in the processing facilities to be used for discarded mattresses collected |
19 | pursuant to the program; or |
20 | (ii) A material change to the system for collecting mattresses. |
21 | (2) Not later than October 1, 2017, the council shall submit to the corporation director for |
22 | review, updated performance goals that are based on the experience of the program during the first |
23 | two (2) years of the program. |
24 | (ge) The council implementing organization shall notify the corporation director of any |
25 | other changes to the program on an ongoing basis, whenever they occur, without resubmission of |
26 | the plan to the corporation director for approval. Such changes shall include, but not be limited to, |
27 | a change in the composition, officers, or contact information of the council. |
28 | (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose |
29 | a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform |
30 | fee more frequently than once every two (2) years if the council determines such change is needed |
31 | to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent |
32 | auditor to ensure that such assessment does not exceed the costs of the mattress stewardship |
33 | program described in subsection (b) of this section and to maintain financial reserves sufficient to |
34 | operate the program over a multi-year period in a fiscally prudent and responsible manner. Not |
| LC004143 - Page 76 of 226 |
1 | later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall |
2 | render an opinion to the corporation director as to whether the proposed mattress stewardship fee |
3 | is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress |
4 | stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90) |
5 | days after the auditor notifies the corporation director that the fee is reasonable. If the auditor |
6 | concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council |
7 | with written notice explaining the auditor’s opinion. Specific documents or information provided |
8 | to the auditor by the council, along with any associated internal documents or information held by |
9 | the council, shall be made available to the corporation for its review upon request but shall not be |
10 | made public if the documents and information contain trade secrets or commercial or financial |
11 | information of a privileged or confidential nature, pursuant to chapter 2 of title 38 (“access to public |
12 | records”). Not later than fourteen (14) days after the council’s receipt of the auditor’s opinion, the |
13 | council may either propose a new mattress stewardship fee, or provide written comments on the |
14 | auditor’s opinion. If the auditor concludes that the fee is not reasonable, the corporation director |
15 | shall decide, based on the auditor’s opinion and any comments provided by the council, whether to |
16 | approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The |
17 | cost of any work performed by such auditor pursuant to the provisions of this subsection and |
18 | subsection (i) of this section shall be funded by the council. |
19 | (if)(1) On and after the implementation of the mattress stewardship program, each retailer |
20 | shall add the amount of the fee established pursuant to subsection (b) of this section and described |
21 | in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee |
22 | shall be remitted by the retailer to the council implementing organization. The council |
23 | implementing organization may, subject to the corporation director’s approval, establish an |
24 | alternative, practicable means of collecting or remitting such fee. |
25 | (2) On and after the implementation date of the mattress stewardship program, no producer, |
26 | distributor, or retailer shall sell or offer for sale a mattress to any person in the state if the producer |
27 | is not a member participant in of the mattress stewardship program administered by the council |
28 | implementing organization. |
29 | (3) No retailer or distributor shall be found to be in violation of the provisions of this |
30 | section, if, on the date the mattress was ordered from the producer or its agent, the producer of said |
31 | mattress was listed on the corporation’s website in accordance with the provisions of this chapter. |
32 | (jg) Not later than October 1, 2016, and annually thereafter, the council implementing |
33 | organization shall submit an annual report to the corporation director. The corporation director shall |
34 | post such annual report on the corporation’s website. Such report shall include, but not be limited |
| LC004143 - Page 77 of 226 |
1 | to: |
2 | (1) The weight of mattresses collected pursuant to the program from: |
3 | (i) Municipal and/or transfer stations; |
4 | (ii) Retailers; and |
5 | (iii) All other covered entities; |
6 | (2) The weight of mattresses diverted for recycling; |
7 | (3) Identification of the mattress recycling facilities to which mattresses were delivered for |
8 | recycling; |
9 | (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the |
10 | commodities sold to secondary markets; |
11 | (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following: |
12 | (i) Rhode Island resource recovery corporation; and |
13 | (ii) Any other facilities; |
14 | (6) Samples of public education materials and methods used to support the program; |
15 | (7) A description of efforts undertaken and evaluation of the met meahods used to |
16 | disseminate such materials; |
17 | (8) Updated performance goals and an evaluation of the effectiveness of the methods and |
18 | processes used to achieve performance goals of the program; and |
19 | (9) Recommendations for any changes to the program. |
20 | (kh) Two (2) years after the implementation of the program and upon the request of the |
21 | corporation director, but not more frequently than once a year, the council implementing |
22 | organization shall cause an audit of the program to be conducted by the auditor described in |
23 | subsection (h) of this section an independent auditor selected by the implementing organization. |
24 | Such audit shall review the accuracy of the council’s implementing organization’s data concerning |
25 | the program and provide any other information requested by the corporation director. Such audit |
26 | shall be paid for by the council implementing organization. The council implementing organization |
27 | shall maintain all records relating to the program for not less than three (3) years. |
28 | (li) No covered entity that participates in the program shall charge for receipt of mattresses |
29 | generated in the state. Covered entities may charge a fee for providing the service of collecting |
30 | mattresses and may restrict the acceptance of mattresses by number, source, or physical condition. |
31 | (mj) Covered entities that, upon the date of this act’s passage, have an existing program for |
32 | recycling discarded mattresses may continue to operate such program without coordination of the |
33 | council, so long as the entities are able to demonstrate, in writing, to the corporation director that |
34 | the facilities to which discarded mattresses are delivered are engaged in the business of recycling |
| LC004143 - Page 78 of 226 |
1 | said mattresses and the corporation director approves the written affirmation that the facility |
2 | engages in mattress recycling of mattresses received by the covered entity. A copy of the written |
3 | affirmation and the corporation’s approval shall be provided to the council by the corporation |
4 | director in a timely manner. |
5 | (k) The implementing organization may, subject to approval by the corporation, propose |
6 | the establishment and maintenance of a financial reserve sufficient to operate the program over a |
7 | multi-year period in a fiscally prudent and responsible manner. Such financial reserve shall not |
8 | exceed 50 percent of the projected program costs in any given year. |
9 | (l) The corporation is authorized to cap administrative expenses to administer the mattress |
10 | stewardship program at a set percentage of annual program expenses as determined by the |
11 | corporation. |
12 | 23-90-6. Responsibilities of the Rhode Island resource recovery corporation. |
13 | (a) The corporation shall review for approval responses to the solicitation for an |
14 | implementing organization to administer the mattress stewardship plan program. of the council |
15 | (b) The corporation shall maintain on its website information on collection opportunities |
16 | for mattresses, including collection site locations. The information must be made available in a |
17 | printable format for retailers and consumers. |
18 | (c) Not later than the implementation date of the mattress stewardship program, the |
19 | corporation shall list the names of participating producers covered by the program and the cost of |
20 | the approved mattress stewardship fee on its website. |
21 | (d) The corporation shall approve the mattress stewardship fee to be applied by the council |
22 | implementing organization to mattresses pursuant to this chapter. |
23 | (e) The corporation shall assume responsibility for administering the mattress stewardship |
24 | program in the event that none of the submissions to the solicitation for an implementing |
25 | organization are deemed sufficient, or if the director of the corporation determines that the |
26 | corporation can administer the mattress stewardship program at a lower cost to the consumer than |
27 | any of the respondents to the solicitation. |
28 | (ef) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly |
29 | on the operation of the statewide system for collection, transportation and recycling of mattresses. |
30 | 23-90-8. Immunity. |
31 | Each producer, retailer and the council implementing organization shall be immune from |
32 | liability for any claim of a violation of antitrust law, to the extent such producer or council |
33 | implementing organization is exercising authority pursuant to the provisions of this chapter, |
34 | including but not limited to: |
| LC004143 - Page 79 of 226 |
1 | (1) The creation, implementation or management of a plan pursuant to § 23-90-5, and the |
2 | types or quantities of used mattresses recycled or otherwise managed pursuant to a plan; |
3 | (2) The cost and structure of a plan; and |
4 | (3) The establishment, administration, collection or disbursement of the mattress |
5 | stewardship fee associated with funding the implementation of the plan. |
6 | 23-90-10. Collaboration. |
7 | In the event that another state implements a mattress recycling program, the council |
8 | implementing organization may collaborate with such state to conserve efforts and resources used |
9 | in carrying out the mattress stewardship program, provided such collaboration is consistent with |
10 | the requirements of this chapter. |
11 | SECTION 14. Section 23-90-4 in Chapter 23-90 entitled “Responsible Recycling, Reuse |
12 | and Disposal of Mattresses” is hereby repealed. |
13 | 23-90-4. Mattress stewardship council established. |
14 | (a) On or before July 1, 2015, each producer shall join the council and such council shall |
15 | submit a plan, for the corporation director’s approval, to establish a statewide mattress stewardship |
16 | program, as described in this section. Any retailer may be a member of such council. Such mattress |
17 | stewardship program shall, to the extent it is technologically feasible and economically practical: |
18 | (1) Minimize public sector involvement in the management of discarded mattresses; |
19 | (2) Provide for the convenient and accessible statewide collection of discarded mattresses |
20 | from any person in the state with a discarded mattress that was discarded in the state, including |
21 | from participating covered entities that accumulated and segregated a minimum of fifty (50) |
22 | discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses |
23 | for collection at one time in the case of participating municipal transfer stations; |
24 | (3) Provide for council-financed recycling and disposal of discarded mattresses; |
25 | (4) Provide suitable storage containers at permitted municipal transfer stations, municipal |
26 | government property or other solid waste management facilities for segregated, discarded |
27 | mattresses, or make other mutually agreeable storage and transportation agreements at no cost to |
28 | such municipality provided the municipal transfer station, municipal government property or other |
29 | solid waste management facilities make space available for such purpose and imposes no fee for |
30 | placement of such storage container on its premises; |
31 | (5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of |
32 | operating and administering the program; and |
33 | (6) Establish a financial incentive that provides for the payment of a monetary sum, |
34 | established by the council, to promote the recovery of mattresses. |
| LC004143 - Page 80 of 226 |
1 | (b) The council shall be a nonprofit organization with a fee structure that covers, but does |
2 | not exceed, the costs of developing the plan and operating and administering the program in |
3 | accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to |
4 | operate the program over a multi-year period of time in a fiscally prudent and responsible manner. |
5 | The council shall maintain all records relating to the program for a period of not less than three (3) |
6 | years. |
7 | (c) Pursuant to the program, recycling shall be preferred over any other disposal method to |
8 | the extent that recycling is technologically feasible and economically practical. |
9 | (d) The council shall enter into an agreement with the corporation to reimburse for |
10 | reasonable costs directly related to administering the program but not to exceed the cost of two (2) |
11 | full time equivalent employees. |
12 | SECTION 15. Title 23 of the General Laws entitled “Health and Safety” is hereby amended |
13 | by adding thereto the following Chapter: |
14 | CHAPTER 100 |
15 | RHODE ISLAND HEALTHCARE WORKFORCE DATA COLLECTION ACT |
16 | 23-100-1. Short Title. |
17 | This Chapter shall be known and may be cited as the Rhode Island Healthcare Workforce |
18 | Data Collection Act. |
19 | 23-100-2. Definitions. |
20 | (1) “Department” means the Rhode Island department of health. |
21 | (2) “Health care professional” means physicians, physician assistants, dentists, registered |
22 | nurses, licensed practical nurses, advanced practice registered nurses, nursing assistants, |
23 | psychologists, licensed clinical social workers, and mental health counselors and marriage and |
24 | family therapists, and any other licensees as defined by the department. |
25 | (3) “Not currently working” means unemployed-not looking for a job, unemployed and |
26 | looking for a job; on extended leave, retired, or other. |
27 | (4) “Principal specialty” means the specialty the healthcare professional spends the most |
28 | time |
29 | practicing. |
30 | 23-100-3. Health care workforce data collection authorized. |
31 | The department is hereby authorized to collect healthcare workforce data on all healthcare |
32 | professionals licensed by the department as part of the department’s licensure and license renewal |
33 | process and to request all healthcare professionals to voluntarily provide the following healthcare |
34 | workforce data elements as a part of licensure and licensure renewal: |
| LC004143 - Page 81 of 226 |
1 | (a) Principal Specialty; |
2 | (b) Education level; |
3 | (c) Current practice status in Rhode Island, including but not limited to, clinical practice, |
4 | medical administrative or legal services only, clinical teaching or clinical research only, not |
5 | currently working in the medical field, status as a provider of telemedicine, and other practice status |
6 | as determined by the department; |
7 | (d) Ethnicity; |
8 | (e) Race; |
9 | (f) Languages spoken other than English; |
10 | (g) Additional years planning to practice or anticipated retirement year; |
11 | (h) Total number of clinical/non-clinical hours per week providing services; |
12 | (i) Practice name(s), location(s), and contact information; |
13 | (j) Acceptance of Medicaid as a form of payment; |
14 | (k) Other data as defined by the department. |
15 | 23-100-4. Privacy. |
16 | The department shall not make publicly available individual data acquired pursuant to § |
17 | 23-97-3. Individualized healthcare workforce data elements shall remain confidential and shall only |
18 | be available as de-identified aggregate analysis to support healthcare planning, workforce analysis |
19 | and other health program and policy recommendations. Publicly available data may include, but |
20 | not be limited to: |
21 | (a) Aggregate de-identified data and information on current healthcare workforce capacity; |
22 | (b) Geographic distribution of healthcare professionals actively practicing; |
23 | (c) Provider-to-population rates; and |
24 | (d) Projections of healthcare workforce need. |
25 | 23-100-5. Rules and regulations. |
26 | The department shall promulgate rules and regulations pursuant to this chapter. |
27 | SECTION 16. Section 28-43-1 of the General Laws in Chapter 34-18 entitled |
28 | "Employment Security - Contributions" is hereby amended to read as follows: |
29 | 28-43-1. Definitions. |
30 | The following words and phrases as used in this chapter have the following meanings, |
31 | unless the context clearly requires otherwise: |
32 | (1) “Balancing account” means a book account to be established within the employment |
33 | security fund, the initial balance of which shall be established by the director as of September 30, |
34 | 1979, by transferring the balance of the solvency account on that date to the balancing account. |
| LC004143 - Page 82 of 226 |
1 | (2) “Computation date” means September 30 of each year, provided, however, that in |
2 | calendar year 2024, for the purposes of establishing which schedule shall be in effect for tax year |
3 | 2025, “computation date” means any date between September 30 and December 31 in the discretion |
4 | of the director of the department of labor. |
5 | (3) “Eligible employer” means an employer who has had three (3) consecutive experience |
6 | years during each of which contributions have been credited to the employer’s account and benefits |
7 | have been chargeable to this account. |
8 | (4) “Employer’s account” means a separate account to be established within the |
9 | employment security fund by the director as of September 30, 1958, for each employer subject to |
10 | chapters 42 — 44 of this title, out of the money remaining in that fund after the solvency account |
11 | has been established in the fund, by crediting to each employer an initial credit balance bearing the |
12 | same relation to the total fund balance so distributed, as his or her tax contributions to the fund |
13 | during the period beginning October 1, 1955, and ending on September 30, 1958, have to aggregate |
14 | tax contributions paid by all employers during the same period; provided, that nothing contained in |
15 | this section shall be construed to grant to any employer prior claim or rights to the amount |
16 | contributed by him or her to the fund. |
17 | (5) “Experience rate” means the contribution rate assigned to an employer’s account under |
18 | whichever is applicable of schedules A — I in § 28-43-8. |
19 | (6) “Experience year” means the period of twelve (12), consecutive calendar months |
20 | ending September 30 of each year. |
21 | (7) “Most recent employer” means the last base-period employer from whom an individual |
22 | was separated from employment and for whom the individual worked for at least four (4) weeks, |
23 | and in each of those four (4) weeks had earnings of at least twenty (20) times the minimum hourly |
24 | wage as defined in chapter 12 of this title. |
25 | (8) “Reserve percentage” means, in relation to an employer’s account, the net balance of |
26 | that account on a computation date, including any voluntary contributions made in accordance with |
27 | § 28-43-5.1, stated as a percentage of the employer’s twelve-month (12) average taxable payroll |
28 | for the last thirty-six (36) months ended on the immediately preceding June 30. |
29 | (9) “Reserve ratio of fund” means the ratio which the total amount available for the |
30 | payment of benefits in the employment security fund on September 30, 1979, or any computation |
31 | date thereafter, minus any outstanding federal loan balance, plus an amount equal to funds |
32 | transferred to the job development fund through the job development assessment adjustment for |
33 | the prior calendar year, bears to the aggregate of all total payrolls subject to this chapter paid during |
34 | the twelve-month (12) period ending on the immediately preceding June 30, or the twelve-month |
| LC004143 - Page 83 of 226 |
1 | (12) average of all total payrolls during the thirty-six-month (36) period ending on that June 30, |
2 | whichever percentage figure is smaller. |
3 | (10) “Taxable payroll” means, for the purpose of this chapter, the total of all wages as |
4 | defined in § 28-42-3(29). |
5 | SECTION 17. Section 34-18-58 of the General Laws in Chapter 34-18 entitled "Residential |
6 | Landlord and Tenant Act" is hereby amended to read as follows: |
7 | 34-18-58. Statewide mandatory rental lead registry. |
8 | (a) All landlords who own at least one (1) rental dwelling unit built before 1978 shall |
9 | register the following information with the department of health: |
10 | (1) Names of individual landlords or any business entity responsible for leasing to a tenant |
11 | under this chapter; |
12 | (2) An active business address, PO box, or home address; |
13 | (3) An active email address; |
14 | (4) An active telephone number that would reasonably facilitate communications with the |
15 | tenant of each dwelling unit; |
16 | (5) Any property manager, management company, or agent for service of the property, |
17 | along with the business address, PO box, or home address of the property manager, management |
18 | company, or agent and including: |
19 | (i) An active email address; and |
20 | (ii) An active telephone number, for each such person or legal entity, if applicable, for each |
21 | dwelling unit; and |
22 | (6) Information necessary to identify each dwelling unit. |
23 | (b) All landlords who lease a residential property constructed prior to 1978 and that is not |
24 | exempt from the requirements of chapter 128.1 of title 42 ("lead hazard mitigation") shall, in |
25 | addition to the requirements of subsection (a) of this section, for each dwelling unit, provide the |
26 | department of health with a valid certificate of conformance in accordance with chapter 128.1 of |
27 | title 42 ("lead hazard mitigation") and regulations derived therefrom, or evidence sufficient to |
28 | demonstrate that they are exempt from the requirement to obtain a certificate of conformance. |
29 | (c) Contingent upon available funding, no later than September 1, 2025, the department of |
30 | health, or designee, shall create a publicly accessible online database containing the information |
31 | obtained in accordance with subsections (a) and (b) of this section, no later than nine (9) months |
32 | following the effective date of this section [June 20, 2023]. on all landlords who have not provided |
33 | the department with a valid certificate of conformance. The database shall contain: |
34 | (i) The names of individual landlords or any business entity responsible for leasing to a |
| LC004143 - Page 84 of 226 |
1 | tenant under this chapter, |
2 | (ii) The property address and, |
3 | (iii) Any property manager, management company, or agent for service of the property. |
4 | (d) All landlords subject to the requirements of subsections (a) and (b) of this section as of |
5 | September 1, 20245, shall register the information required by those subsections no later than |
6 | October 1, 20245. A landlord who acquires a rental property, or begins leasing a rental property to |
7 | a new tenant, after September 1, 20245, shall register the information required by subsections (a) |
8 | and (b) of this section within thirty (30) days after the acquisition or lease to a tenant, whichever |
9 | date is earlier. All landlords subject to the requirements of subsections (a) and (b) of this section |
10 | shall, following initial registration, re-register by October 1 of each year in order to update any |
11 | information required to comply with subsections (a) and (b) of this section, or to confirm that the |
12 | information already supplied remains accurate. |
13 | (e) Any person or entity subject to subsections (a) and (b) of this section who fails to |
14 | comply with the registration provision in subsection (d) of this section, shall be subject to a civil |
15 | fine of at least fifty dollars ($50.00) per month for failure to register the information required by |
16 | subsection (a) of this section, or at least one hundred and twenty-five dollars ($125) per month, for |
17 | failure to register the information required by subsection (b) of this section. |
18 | (f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to |
19 | the department of health. There is to be established a restricted receipt account to be known as the |
20 | "rental registry account" which shall be a separate account within the department of health. |
21 | Penalties received by the department pursuant to the terms of this section shall be deposited into |
22 | the account. Monies deposited into the account shall be transferred to the department of health and |
23 | shall be expended for the purpose of administering the provisions of this section or lead hazard |
24 | mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under |
25 | this section prior to October 1, 20245. |
26 | (g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord |
27 | may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction, |
28 | unless, at the time the action is commenced, the landlord is in compliance with the requirements of |
29 | subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of |
30 | compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict |
31 | for nonpayment of rent in order to proceed with the civil action. |
32 | (h) The department of health may commence an action for injunctive relief and additional |
33 | civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails |
34 | to comply with subsection (a) of this section. The attorney general may commence an action for |
| LC004143 - Page 85 of 226 |
1 | injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation |
2 | against any landlord who repeatedly fails to comply with subsection (b) of this section. Any |
3 | penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard |
4 | mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering |
5 | the provisions of this section. No penalties shall be levied under this section prior to October 1, |
6 | 20245. |
7 | SECTION 18. Effective July 1, 2024, section 35-17-1 of the General Laws in Chapter 35- |
8 | 17 entitled "Medical Assistance and Public Assistance Caseload Estimating Conferences" is hereby |
9 | amended to read as follows: |
10 | 35-17-1. Purpose and membership. |
11 | (a) In order to provide for a more stable and accurate method of financial planning and |
12 | budgeting, it is hereby declared the intention of the legislature that there be a procedure for the |
13 | determination of official estimates of anticipated medical assistance expenditures and public |
14 | assistance caseloads, upon which the executive budget shall be based and for which appropriations |
15 | by the general assembly shall be made. |
16 | (b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall |
17 | meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be |
18 | open public meetings. |
19 | (c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state |
20 | budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as |
21 | principals. The schedule shall be arranged so that no chairperson shall preside over two (2) |
22 | successive regularly scheduled conferences on the same subject. |
23 | (d) Representatives of all state agencies are to participate in all conferences for which their |
24 | input is germane. |
25 | (e) The department of human services shall provide monthly data to the members of the |
26 | caseload estimating conference by the fifteenth day of the following month. Monthly data shall |
27 | include, but is not limited to, actual caseloads and expenditures for the following case assistance |
28 | programs: Rhode Island Works, SSI state program, general public assistance, and child care. For |
29 | individuals eligible to receive the payment under § 40-6-27(a)(1)(vi), the report shall include the |
30 | number of individuals enrolled in a managed care plan receiving long-term-care services and |
31 | supports and the number receiving fee-for-service benefits. The executive office of health and |
32 | human services shall report relevant caseload information and expenditures for the following |
33 | medical assistance categories: hospitals, long-term care, managed care, pharmacy, and other |
34 | medical services. In the category of managed care, caseload information and expenditures for the |
| LC004143 - Page 86 of 226 |
1 | following populations shall be separately identified and reported: children with disabilities, |
2 | children in foster care, and children receiving adoption assistance and RIte Share enrollees under § |
3 | 40-8.4-12(j). The information shall include the number of Medicaid recipients whose estate may |
4 | be subject to a recovery and the anticipated amount to be collected from those subject to recovery, |
5 | the total recoveries collected each month and number of estates attached to the collections and each |
6 | month, the number of open cases and the number of cases that have been open longer than three |
7 | months. |
8 | (f) Beginning July 1, 2021, the department of behavioral healthcare, developmental |
9 | disabilities and hospitals shall provide monthly data to the members of the caseload estimating |
10 | conference by the fifteenth twenty-fifth day of the following month. Monthly data shall include, |
11 | but is not limited to, actual caseloads and expenditures for the private community developmental |
12 | disabilities services program. Information shall include, but not be limited to: the number of cases |
13 | and expenditures from the beginning of the fiscal year at the beginning of the prior month; cases |
14 | added and denied during the prior month; expenditures made; and the number of cases and |
15 | expenditures at the end of the month. The information concerning cases added and denied shall |
16 | include summary information and profiles of the service-demand request for eligible adults meeting |
17 | the state statutory definition for services from the division of developmental disabilities as |
18 | determined by the division, including age, Medicaid eligibility and agency selection placement with |
19 | a list of the services provided, and the reasons for the determinations of ineligibility for those cases |
20 | denied. The department shall also provide, monthly, the number of individuals in a shared-living |
21 | arrangement and how many may have returned to a twenty-four-hour (24) residential placement in |
22 | that month. The department shall also report, monthly, any and all information for the consent |
23 | decree that has been submitted to the federal court as well as the number of unduplicated individuals |
24 | employed; the place of employment; and the number of hours working. The department shall also |
25 | provide the amount of funding allocated to individuals above the assigned resource levels; the |
26 | number of individuals and the assigned resource level; and the reasons for the approved additional |
27 | resources. The department will also collect and forward to the house fiscal advisor, the senate fiscal |
28 | advisor, and the state budget officer, by November 1 of each year, the annual cost reports for each |
29 | community-based provider for the prior fiscal year. The department shall also provide the amount |
30 | of patient liability to be collected and the amount collected as well as the number of individuals |
31 | who have a financial obligation. The department will also provide a list of community-based |
32 | providers awarded an advanced payment for residential and community-based day programs; the |
33 | address for each property; and the value of the advancement. If the property is sold, the department |
34 | must report the final sale, including the purchaser, the value of the sale, and the name of the agency |
| LC004143 - Page 87 of 226 |
1 | that operated the facility. If residential property, the department must provide the number of |
2 | individuals residing in the home at the time of sale and identify the type of residential placement |
3 | that the individual(s) will be moving to. The department must report if the property will continue |
4 | to be licensed as a residential facility. The department will also report any newly licensed twenty- |
5 | four-hour (24) group home; the provider operating the facility; and the number of individuals |
6 | residing in the facility. Prior to December 1, 2017, the department will provide the authorizations |
7 | for community-based and day programs, including the unique number of individuals eligible to |
8 | receive the services and at the end of each month the unique number of individuals who participated |
9 | in the programs and claims processed. |
10 | (g) The executive office of health and human services shall provide direct assistance to the |
11 | department of behavioral healthcare, developmental disabilities and hospitals to facilitate |
12 | compliance with the monthly reporting requirements in addition to preparation for the caseload |
13 | estimating conferences. |
14 | SECTION 19. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby |
15 | amended by adding thereto the following section: |
16 | 37-2-83. Ethics. |
17 | (a) All state employees shall be subject to the provisions of Chapter 36-14 and all |
18 | regulations promulgated by the Rhode Island Ethics Commission, and any special provisions of |
19 | this section. |
20 | (b) In addition to Chapter 36-14, the following Supplemental State Code of Procurement |
21 | Ethics shall apply to procurement personnel and vendors. Procurement personnel shall be defined |
22 | as every employee within the division of purchases, any state employee that is directly involved in |
23 | drafting or approving specifications, requirements, and requisitions, and/or any state employee |
24 | involved in or advising on the technical evaluation for solicitations. Procurement personnel shall |
25 | also include any agency directors involved in a particular procurement. |
26 | (1) The code of ethics applicable to all procurement personnel: |
27 | (A) To consider, first, the interests of the state in all transactions; |
28 | (B) To support and carry out state policies; |
29 | (C) To buy without prejudice; |
30 | (D) To avoid any conflict of interest with respect to procurement, or the appearance thereof; |
31 | (E) To obtain the maximum value for each dollar of expenditure; |
32 | (F) To subscribe to and work for honesty and truth in buying and selling, and to denounce |
33 | all forms and manifestations of bribery; and |
34 | (G) To respect obligation and to require that obligations to the state be respected, consistent |
| LC004143 - Page 88 of 226 |
1 | with good business practice. |
2 | (2) A primary responsibility of purchasing personnel shall be to maintain good relations |
3 | with suppliers and potential suppliers. Relationships shall be maintained in a manner which assures |
4 | that no conflict of interest situations arise. |
5 | (A) All potential suppliers shall be given a fair opportunity to present their capabilities and |
6 | products. |
7 | (B) Reasonable effort shall be made to provide fair bidding opportunities to all qualified |
8 | and interested suppliers. |
9 | (C) During the procurement process, procurement personnel shall maintain the |
10 | confidentiality of information submitted by suppliers and potential suppliers. |
11 | (i) During the procurement process, supplier proposals shall be treated in confidence with |
12 | regard to technical approach and cost. |
13 | (ii) Distribution of information contained in supplier proposals shall be limited to those |
14 | having a "need to know" as determined by the Purchasing Agent. |
15 | (iii) Under no circumstances shall confidential information be made available to other |
16 | vendors. |
17 | (D) Procurement personnel are prohibited from engaging in any conduct which might cause |
18 | any existing or prospective supplier of goods or services to believe that its relationship with the |
19 | state will be affected by purchasing or failing to purchase goods or services from any procurement |
20 | personnel or any business associate of such procurement personnel. |
21 | (E) Under no circumstances may a vendor provide to procurement personnel, nor may |
22 | procurement personnel accept, any goods or services, regardless of monetary value, for personal |
23 | use for less than fair market value. |
24 | (F) Procurement personnel are prohibited from accepting gifts or gratuities in any form for |
25 | themselves or their families (spouses, parents, children, sisters, brothers, in-laws, etc.) from |
26 | contractors, subcontractors or suppliers now furnishing or desiring to furnish supplies or services |
27 | to the division of purchases. |
28 | (i) Gifts or gratuities shall mean, but are not limited to money, merchandise, advertising |
29 | media (any merchandise carrying a vendor's name or logo), gift certificates, trips (individually or |
30 | in groups), cocktail parties, dinners, evening entertainment, sporting events, etc. |
31 | (G) Inappropriate social interaction between procurement personnel and any current or |
32 | prospective contractors, subcontractors or suppliers and their representatives creating the |
33 | impression of favoritism shall be avoided. However, social interactions between state employees |
34 | and representatives of suppliers which are clearly of a personal nature, in which the parties involved |
| LC004143 - Page 89 of 226 |
1 | would normally be expected to reciprocate, and in which no reimbursement from the state is sought |
2 | by the employee, may be acceptable. However, the responsibility rests on the individual employee |
3 | to regulate his or her own actions and to seek advice from the State Purchasing Agent, or designee, |
4 | with respect to the Supplemental State Code of Procurement Ethics. |
5 | (3) It shall be the obligation of all state employees to avoid conflicts of interest with respect |
6 | to procurement, and to report promptly to the State Purchasing Agent all instances where a conflict |
7 | exists or is suspected to exist. |
8 | (4) The State Purchasing Agent shall investigate and issue determinations with respect to |
9 | any reports or complaints made under this section. |
10 | (5) All employees of the division of purchases shall be required to sign and submit annual |
11 | disclosure statements with respect to conflicts of interest. |
12 | (6) Procurement personnel shall not make purchases for personal use in the name of the |
13 | state or through the use of any state procurement forms. |
14 | (i.) If a procurement personnel violates the provisions of this section, the State Purchasing |
15 | Agent, or designee, with approval by the Chief Purchasing Officer, will recommend appropriate |
16 | consequences to the division of human resources, including but not limited to: reassignment of the |
17 | procurement personnel or other state employee involved, termination of employment of the |
18 | procurement personnel or other state employee involved. Additionally, if appropriate, the Chief |
19 | Purchasing Officer may refer the matter to the Ethics Commission pursuant to Chapter 36-14. |
20 | (ii) If a vendor violates the provisions of this section, the State Purchasing Agent, or |
21 | designee, with approval by the Chief Purchasing Officer, will recommend appropriate |
22 | consequences, including, but not limited to the suspension or debarment of any and all vendors |
23 | who may be involved. |
24 | SECTION 20. Sections 37-2-2, 37-2-13.1, 37-2-17, 37-2-17.1, 37-2-17.2, 37-2-18, 37-2- |
25 | 18.2, 37-2-19, 37-2-20, 37-2-25.1, 37-2-54 and 37-2-56 of the General Laws in Chapter 37-2 |
26 | entitled "State Purchases" are hereby amended to read as follows: |
27 | 37-2-2. General provisions. |
28 | (a) This chapter shall be liberally construed and applied to promote its underlying purposes |
29 | and policies. |
30 | (b) The purpose of the public procurement system for the State of Rhode Island and its |
31 | local public agencies is to deliver on a timely basis the best value product or service to the customer, |
32 | while maintaining the public’s trust and fulfilling public policy objectives in the best interest of the |
33 | State. The additional underlying purposes and policies of this chapter are to: |
34 | (1) Simplify, clarify, and modernize the law governing purchasing by the state of Rhode |
| LC004143 - Page 90 of 226 |
1 | Island and its local public agencies; |
2 | (2) Permit the continued development of purchasing policies and practices; |
3 | (3) Make as consistent as possible the purchasing laws among the various states; |
4 | (4) Provide for increased public confidence in the procedures followed in public |
5 | procurement; |
6 | (5) Insure the fair and equitable treatment of all persons who deal with the procurement |
7 | system of the state; |
8 | (6) Provide increased economy in state and public agency procurement activities by |
9 | fostering effective competition; |
10 | (7) Provide safeguards for the maintenance of a procurement system of quality, integrity |
11 | and highest ethical standards; and |
12 | (8) Ensure that a public agency, acting through its existing internal purchasing function, |
13 | adheres to the general principles, policies and practices enumerated herein. |
14 | 37-2-13.1. Procurement regulations — Request for proposal. |
15 | (a) No request for proposal shall change to a master-price master price agreement unless |
16 | the request for proposal is cancelled and reissued as a master price agreement. |
17 | (b) No vendor, parent corporation, subsidiary, affiliate, or subcontractor of any state vendor |
18 | may bid on a request for proposal if that person or entity has or had any contractual, financial, |
19 | business, or beneficial interest with the state or a conflict of interest as defined in chapter 36-14 |
20 | with any official, officer, or agency in charge of the request or if they materially participated or |
21 | were consulted with respect to the direct requirements, and/or technical aspects, or any other part |
22 | of the formation and promulgation of the request for proposals. except for in the situations outlined |
23 | in subsection (f) of this section. |
24 | (c) Further, no person or entity who or that acts acting as an operator or vendor for the state |
25 | may participate in any request for proposal relating to any audit, examination, independent |
26 | verification, review, or evaluation of any of the person’s or entity’s work, financials or operations |
27 | performed for or on behalf of the state, or any official, officer, or agency. |
28 | (c) (d) Persons or entities certified as “sole source” providers under § 37-2-21 shall be |
29 | exempt from the requirements of subsection (b) of this section. |
30 | (d) (e) Any person or entity submitting a proposal in response to a request for proposal |
31 | shall make a written certification attesting under the penalty of perjury that the terms of subsection |
32 | (b) of this section have been complied with or that the person or entity is exempt under subsection |
33 | (c) (d) of this section. |
34 | (f) Requests for information formally issued by the division of purchases, feasibility studies |
| LC004143 - Page 91 of 226 |
1 | and preliminary evaluations, and emergency procurements as defined in § 37-2-21 shall be exempt |
2 | from subsection (b) of this section. However, the division of purchases shall publicly disclose any |
3 | final prior feasibility studies and/or evaluation reports completed in a subsequent procurement |
4 | regarding a project. |
5 | 37-2-17. Method of source selection. |
6 | Except for purchases solicited pursuant to the provisions for small purchases set forth in § |
7 | 37-2-22, all state contracts and purchases shall be solicited through utilization of the Rhode Island |
8 | Vendor Information Program (RIVIP)the State’s eProcurement system as set forth in § 37-2-17.1. |
9 | Except as otherwise authorized by law, all state contracts shall be awarded by: |
10 | (1) Competitive sealed offers, pursuant to § 37-2-18; |
11 | (2) Competitive negotiation, pursuant to §§ 37-2-19 and 37-2-20; |
12 | (3) Emergency procurements, sole source procurements, and Nnoncompetitive |
13 | negotiation, pursuant to § 37-2-21; |
14 | (4) Small purchase procedures, pursuant to § 37-2-22; or |
15 | (5) Reverse auctions, pursuant to § 37-2-18.1. |
16 | 37-2-17.1. Rhode Island vendor information program (RIVIP) Rhode Island |
17 | eProcurement System. |
18 | (a) The chief purchasing officer is directed to institute an electronic vendor information |
19 | program which shall enable all solicitations invitations for bid and requests for a proposal to be |
20 | accessed electronically by all potential vendors. This program is to be readily accessible through |
21 | public access stations located at the following locations: |
22 | (1) One Capitol Hill, Providence, Rhode Island; |
23 | (2) City hall, town hall or public library of each of the thirty-nine (39) cities and towns in |
24 | the state. |
25 | (b) Further, the vendor information program shall be accessible to potential vendors |
26 | through means of computer modem. |
27 | (c) The chief purchasing officer may contract with auctioneers as defined in § 37-2-15(10) |
28 | to conduct electronic reverse auctions, provided that notification of the opportunity to participate |
29 | in the auction is posted on the RIVIP in accordance with the requirements of § 37-2-25.1. |
30 | (d) Any reference to Rhode Island vendor information program (RIVIP) in this chapter |
31 | shall be amended to the Rhode Island eProcurement System. |
32 | 37-2-17.2. Utilization of department of administration Rhode Island vendor |
33 | information program (RIVIP) Utilization of department of administration eProcurement |
34 | system. |
| LC004143 - Page 92 of 226 |
1 | All public agencies as defined by § 37-2-7(16) shall utilize the RIVIP eProcurement system |
2 | established by the chief purchasing officer for state agencies (director of the department of |
3 | administration) to implement the requirements of §§ 37-2-17 and 37-2-17.1. The director of |
4 | administration shall be authorized to assess prorated charges to public agencies to offset costs for |
5 | acquisition of equipment, computer and other development, consultant services, installation of |
6 | equipment, software, communications lines, initial and ongoing training and outreach, maintenance |
7 | and any other costs of implementing and operating the department of administration RIVIP |
8 | eProcurement system. |
9 | 37-2-18. Competitive sealed bidding. |
10 | (a) Contracts exceeding the amount provided by § 37-2-22 or authorized under the |
11 | procurement methods in § 37-2-17 shall be awarded by competitive sealed bidding unless it is |
12 | determined in writing that this method is not practicable or that the best value for the state may be |
13 | obtained by using an electronic reverse auction as set forth in § 37-2-18.1. Factors to be considered |
14 | in determining whether competitive sealed bidding is practicable shall include whether: |
15 | (1) Specifications can be prepared that permit award on the basis of either the lowest bid |
16 | price or the lowest evaluated bid price; and |
17 | (2) The available sources, the time and place of performance, and other relevant |
18 | circumstances as are appropriate for the use of competitive sealed bidding. |
19 | (b) The invitation for bids solicitation shall state whether the award shall be made on the |
20 | basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is |
21 | used the selection is not made on the basis of lowest price, the objective measurable criteria to be |
22 | utilized shall be set forth in the invitation for bids solicitation, if available. Subject to chapter 38-2, |
23 | the Access to Public Records Act, Aall documents submitted in response to the bid proposal are |
24 | public pursuant to chapter 38-2 upon opening of the bids shall be made public upon the opening of |
25 | the bids and are posted on the State’s eProcurement system for public inspection. The invitation |
26 | for bids shall state that each bidder must submit a copy of their bid proposal to be available for |
27 | public inspection upon the opening of the bids. The burden to identify and withhold from the public |
28 | copy that is released at the bid opening any trade secrets, commercial or financial information, or |
29 | other information the bidder deems not subject to public disclosure pursuant to chapter 38-2, the |
30 | Access to Public Records Act, shall rest with the bidder submitting the bid proposal. |
31 | (c) Unless the invitations for bid are accessible under the provisions as provided in § 37-2- |
32 | 17.1 Through the eProcurement system, public notice of the invitation for bids solicitation shall be |
33 | given a sufficient time prior to the date set forth therein for the opening of bids. Public notice may |
34 | include publication in a newspaper of general circulation in the state as determined by the |
| LC004143 - Page 93 of 226 |
1 | purchasing agent not less than seven (7) days nor more than twenty-eight (28) days before the date |
2 | set for the opening of the bids. The purchasing agent may make a written determination that the |
3 | twenty-eight (28) day limitation needs to be waived. The written determination shall state the |
4 | reason why the twenty-eight (28) day limitation is being waived and shall state the number of days, |
5 | giving a minimum and maximum, before the date set for the opening of bids when public notice is |
6 | to be given. |
7 | (d) Bids shall be opened and read aloud publicly posted on the eProcurement system at the |
8 | time and place designated in the invitation for bids solicitation. Each bid, together with the name |
9 | of the bidder, shall be recorded and an abstract made available for public inspection posted on the |
10 | eProcurement system unless otherwise provided herein. |
11 | (e) The chief purchasing officer shall adopt and file regulations governing the bidding of |
12 | highway and bridge construction projects in the state not later than December 31, 2011. |
13 | (f) (e) Immediately subsequent to the opening of the bids, the copies of bid documents |
14 | submitted pursuant to subsection 37-2-18(b) shall be made available for inspection by the public. |
15 | Any objection to any bid on the grounds that it is nonresponsive to the invitation for bids solicitation |
16 | must be filed with the purchasing agent within five (5) business days of the opening of the bids. |
17 | The purchasing agent shall issue a written determination as to whether the subject bid is |
18 | nonresponsive addressing each assertion in the objection and shall provide a copy of the |
19 | determination to the objector and all those who submitted bids at least seven (7) business days prior |
20 | to the award of the contract. If a bid is nonresponsive to the requirements in the invitation to bid, |
21 | the bid is invalid and the purchasing agent shall reject the bid. The purchasing agent shall have no |
22 | discretion to waive any requirements in the invitation to bid which are identified as mandatory. |
23 | Nothing in this section shall be construed to interfere with or invalidate the results of the due |
24 | diligence conducted by the division of purchasing to determine whether bids are responsive and |
25 | responsible. |
26 | (g) Subsequent to the awarding of the bid, all documents pertinent to the awarding of the |
27 | bid that were not made public pursuant to subsection 37-2-18(e) 37-2-18 (b) shall be made available |
28 | and open to public inspection, pursuant to chapter 38-2, the Access to Public Records Act, and |
29 | retained in the bid file. The copy of the bid proposal provided pursuant to subsection 37-2-18(b) |
30 | shall be retained until the bid is awarded. |
31 | (h) The contract shall be awarded with reasonable promptness by written notice to the |
32 | responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or |
33 | responsive bid price. |
34 | (i) Correction or withdrawal of bids may be allowed only to the extent permitted by |
| LC004143 - Page 94 of 226 |
1 | regulations issued by the chief purchasing officer. |
2 | (j) As of January 1, 2011, this section shall apply to contracts greater than one million |
3 | dollars ($1,000,000); on January 1, 2012 for all contracts greater than seven hundred fifty thousand |
4 | dollars ($750,000); on January 1, 2013 for all contracts greater than five hundred thousand dollars |
5 | ($500,000); and on January 1, 2014 for all contracts awarded pursuant to this section. All available |
6 | contracts awarded under this section shall be posted on the eProcurement system. |
7 | 37-2-18.2. Exemption from competitive bidding. |
8 | (a) The three (3) public institutions of higher education (the University of Rhode Island, |
9 | Rhode Island College and the Community College of Rhode Island) shall be exempt from the |
10 | competitive bidding process provisions of this chapter for research or research related activity |
11 | funded with federal funds or other third-party funds subject to rules and regulations promulgated |
12 | by the board of governors for higher education office of the postsecondary commissioner. |
13 | (b) In the event that none of the three Rhode Island public institutions of higher education |
14 | can provide the services for research or research-related activity, private institutions of higher |
15 | education shall also be exempted from the competitive bidding process provisions of this chapter |
16 | for research or research related activity funded with federal funds or other third-party funds. |
17 | (c) The State of Rhode Island has a large number of well-qualified institutions of higher |
18 | education. In instances where two (2) or more institutions of higher education can provide the |
19 | services covered by this section, preference shall be given to the institution of higher education that |
20 | is located within Rhode Island, all other factors being equal. |
21 | 37-2-19. Competitive negotiation. |
22 | (a) When, under regulations issued by the chief purchasing officer, the purchasing agent |
23 | determines in writing that the use of competitive sealed bidding is not practicable, and except as |
24 | provided in §§ 37-2-21 and 37-2-22, a contract may be awarded by competitive negotiation. |
25 | (b) Adequate public notice of the request for proposals to be negotiated shall be given in |
26 | the same manner as provided in § 37-2-18(c). |
27 | (c) The request for proposals shall indicate the relative importance of price and other |
28 | evaluation factors. |
29 | (d) Written or oral discussions may be conducted with all responsible offerors who submit |
30 | proposals determined in writing to be reasonably susceptible of being selected for award. All oral |
31 | discussions conducted with responsible offerors who submit proposals shall be memorialized in |
32 | writing and all such writings shall be deemed public record at the time the contract is awarded and |
33 | shall be made available for public inspection. Discussions shall not disclose any information |
34 | derived from proposals submitted by competing offerors. |
| LC004143 - Page 95 of 226 |
1 | (e) An award shall be made to the responsible offeror whose proposal is determined in |
2 | writing to be the most advantageous to the state, taking into consideration price and the evaluation |
3 | factors set forth in the request for proposals. Discussions need not be conducted if the purchasing |
4 | agent makes a written determination concerning one or more of the following: |
5 | (1) With respect to prices, where the prices are fixed by law or regulation, except that |
6 | consideration shall be given to competitive terms and conditions; |
7 | (2) Where time of delivery or performance will not permit discussions; or |
8 | (3) Where it can be clearly demonstrated and documented from the existence of adequate |
9 | competition or accurate prior cost experience with the particular supply, service, or construction |
10 | item that acceptance of an initial offer without discussion would result in fair and reasonable prices, |
11 | and the request for proposals notifies all offerors of the possibility that an award may be made on |
12 | the basis of the initial offers. |
13 | (f) Where time permits, the State Purchasing Agent may authorize a best and final offer |
14 | process to clarify requirements when there is a substantial price discrepancy among bidders or when |
15 | the cost exceeds the budget or in any circumstance determined to be in the best interest of the state. |
16 | 37-2-20. Negotiations after unsuccessful competitive sealed bidding Negotiations after |
17 | unsuccessful solicitation. |
18 | (a) In the event that all The State Purchasing Agent may authorize negotiation when bids |
19 | submitted pursuant to competitive sealed bidding under § 37-2-18 result in bid prices in excess of |
20 | the funds available, to clarify requirements or where there is a substantial price discrepancy or in |
21 | any circumstance determined to be in the best interest of the state. for the purchase and the chief |
22 | purchasing officer determines in writing The State Purchasing Agent shall consider the following: |
23 | (1) That there are no additional funds available from any source so as to permit an award |
24 | to the lowest responsive and responsible bidder, and |
25 | (2) The best interest of the state will not permit the delay attendant to a resolicitation under |
26 | revised specifications, or for revised quantities, under competitive sealed bidding as provided in § |
27 | 37-2-18, then a negotiated award may be made as set forth in subsection (b) or (d) of this section. |
28 | (b) Where there is more than one bidder offeror, competitive negotiations, pursuant to § |
29 | 37-2-19, shall may be conducted with the three (3) (or two (2) if there are only two (2)) bidders |
30 | offerors determined in writing to be the lowest responsive and responsible bidders, or the highest |
31 | scoring offerors, to the competitive sealed bid solicitation invitation. Competitive negotiations shall |
32 | be conducted under the following restrictions: |
33 | (1) If discussions pertaining to the revision of the specifications or quantities are held with |
34 | any potential offeror, all other potential offerors shall be afforded an opportunity to take part in |
| LC004143 - Page 96 of 226 |
1 | such discussions; and |
2 | (2) A request for proposals, based upon revised specifications or quantities, best and final |
3 | offer shall be issued as promptly as possible, shall provide for an expeditious response to the revised |
4 | requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid |
5 | price the highest score submitted by any responsive and responsible offeror. |
6 | (c) Contracts may be competitively negotiated when it is determined in writing by the |
7 | purchasing agent that the bid prices received by competitive sealed bidding were not independently |
8 | reached in open competition, and for which: |
9 | (1) Each competitive bidder has been notified of the intention to negotiate and is given |
10 | reasonable opportunity to negotiate; and |
11 | (2) The negotiated price is lower than the lowest rejected bid by any competitive bidder; |
12 | and |
13 | (3) The negotiated price is the lowest negotiated price offered by a competitive offeror. |
14 | (d) When, after competitive sealed bidding solicitation, it is determined in writing that there |
15 | is only one responsive and responsible bidder, a negotiated award may be made with the bidder |
16 | subject to the provisions of § 37-2-28. |
17 | 37-2-25.1. Prequalification of vendors for electronic reverse auctions. |
18 | (a) Potential bidders shall be prequalified for participation in each electronic auction. |
19 | (b) A request for qualifications shall be issued stating the intent to conduct a reverse auction |
20 | in accordance with the provisions of § 37-2-18.1. The request for qualifications shall identify the |
21 | goods and services to be purchased and the criteria to be used to determine how many and/or which |
22 | bidders will be selected to participate in the reverse auction. All requests for qualifications shall be |
23 | solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) |
24 | eProcurement system as set forth in § 37-2-17.1. |
25 | (c) Participants shall be selected based on the criteria set forth in the request for |
26 | qualifications, including agreement to any terms, conditions or other requirements of the |
27 | solicitation. Written or oral discussions may be conducted with all responsible vendors determined |
28 | in writing to be reasonably susceptible of being selected for award. |
29 | (d) Prior to the execution of the auction potential bidders shall be required to receive |
30 | instruction on the use of the selected electronic bidding procedure. Only bidders who successfully |
31 | complete the training phase of prequalification shall be permitted to participate in the electronic |
32 | reverse auction specified in the request for qualifications. |
33 | 37-2-54. Chief purchasing officer — Purchases. |
34 | (a) The chief purchasing officer, except as otherwise provided by law, shall purchase, or |
| LC004143 - Page 97 of 226 |
1 | delegate and control the purchase of, the combined requirements of all spending agencies of the |
2 | state including, but not limited to, interests in real property, contractual services, rentals of all types, |
3 | supplies, materials, equipment, and services, except that competitive bids may not be required: |
4 | (1) For contractual services where no competition exists such as sewage treatment, water, |
5 | and other public utility services; |
6 | (2) When, in the judgment of the department of administration, food, clothing, equipment, |
7 | supplies, or other materials to be used in laboratory and experimental studies can be purchased |
8 | otherwise to the best advantage of the state; |
9 | (3) When instructional materials are available from only one source; |
10 | (4) Where rates are fixed by law or ordinance; |
11 | (5) For library books; |
12 | (6) For commercial items that are purchased for resale; |
13 | (7) For professional, technical, or artistic services; |
14 | (8) For all other commodities, equipment, and services which, in the reasonable discretion |
15 | of the chief purchasing officer, are available from only one source; |
16 | (9) For interests in real property. |
17 | (10) For works of art for museum and public display; |
18 | (11) For published books, maps, periodicals, newspaper or journal subscriptions, and |
19 | technical pamphlets; |
20 | (12) For licenses for use of proprietary or patented systems; and |
21 | (13) For services of visiting speakers, professors, performing artists, and expert witnesses.; |
22 | and |
23 | (14) For research-related activities and services provided by colleges and universities |
24 | within the State of Rhode Island. |
25 | (b) Nothing in this section shall deprive the chief purchasing officer from negotiating with |
26 | vendors who maintain a general service administration price agreement with the United States of |
27 | America or any agency thereof or other governmental entities, provided, however, that no contract |
28 | executed under this provision shall authorize a price higher than is contained in the contract |
29 | between the general service administration and the vendor affected. |
30 | (c) The department of administration shall have supervision over all purchases by the |
31 | various spending agencies, except as otherwise provided by law, and shall prescribe rules and |
32 | regulations to govern purchasing by or for all spending agencies, subject to the approval of the |
33 | chief purchasing officer; and shall publish a manual of procedures to be distributed to agencies and |
34 | to be revised upon issuance of amendments to the procedures. No purchase or contract shall be |
| LC004143 - Page 98 of 226 |
1 | binding on the state or any agency thereof unless approved by the department or made under general |
2 | regulations which the chief purchasing officer may prescribe. |
3 | (d) The chief purchasing officer shall adopt regulations to require agencies to take and |
4 | maintain inventories of plant and equipment. The department of administration shall conduct |
5 | periodic physical audits of inventories. |
6 | (e) The department of administration shall require all agencies to furnish an estimate of |
7 | specific needs for supplies, materials, and equipment to be purchased by competitive bidding for |
8 | the purpose of permitting scheduling of purchasing in large volume. It shall establish and enforce |
9 | schedules for purchasing supplies, materials, and equipment. In addition, all agencies shall submit |
10 | to the department of administration, prior to the beginning of each fiscal year, an estimate of all |
11 | needs for supplies, materials, and equipment during that year which will have to be acquired |
12 | through competitive bidding. |
13 | (f) The director of the department of administration shall have the power: to transfer |
14 | between departments; to salvage; to exchange; and to condemn supplies and equipment. |
15 | (g) Unless the chief purchasing officer deems it is in the best interest of the state to proceed |
16 | otherwise, all property (including any interest in real property) shall be sold either by invitation of |
17 | sealed bids or by public auction; provided, however, that the selling price of any interest in real |
18 | property shall not be less than the appraised value thereof as determined by the department of |
19 | administration or the department of transportation for the requirements of that department. |
20 | (h) Subject to the provisions of this chapter, the chief purchasing officer shall purchase, or |
21 | otherwise acquire, all real property determined to be needed for state use, upon the approval of the |
22 | state properties committee as to the determination of need and as to the action of purchase or other |
23 | acquisition, provided that the amount paid shall not exceed the appraised value as determined by |
24 | the department of transportation (for such requirements of that department) or value set by eminent |
25 | domain procedure. |
26 | (i) The department of administration shall maintain records of all purchases and sales made |
27 | under its authority and shall make periodic summary reports of all transactions to the chief |
28 | purchasing officer, the governor, and the general assembly. The chief purchasing officer shall also |
29 | report trends in costs and prices, including savings realized through improved practices, to the |
30 | governor and general assembly. |
31 | (j) The chief purchasing officer shall attempt in every practicable way to insure that the |
32 | state is supplying its real needs at the lowest possible cost. Further, to assure that the lowest possible |
33 | cost is achieved, the chief purchasing officer may enter into cooperative purchasing agreements |
34 | with other governmental public entities and institutions of higher education. |
| LC004143 - Page 99 of 226 |
1 | 37-2-56. Purchasing for municipalities and regional school districts. Purchasing for |
2 | municipalities, and regional school districts, and institutions of higher education. |
3 | Any municipality, or regional school district, or institution of higher education of the state |
4 | may participate in state master price agreement contracts for the purchase of materials, supplies, |
5 | services and equipment entered into by the purchasing agent, provided, however, that the contractor |
6 | is willing, when requested by the municipality, or school district, or institution of higher education, |
7 | to extend the terms and conditions of the contract and that the municipality, or school district, or |
8 | institution of higher education will be responsible for payment directly to the vendor under each |
9 | purchase contract. Unless a state contract is the result of an intergovernmental cooperative purchase |
10 | contract to which a municipality, or school district, or institution of higher education is a party, the |
11 | purchasing agent shall not compel a successful bidder to extend the same terms and conditions to |
12 | a municipality, or school district, or institution of higher education. However, the purchasing agent |
13 | may, in the interest of obtaining better pricing on behalf of the state and local entities, solicit offers |
14 | based upon anticipated master price agreement utilization by municipalities, and school districts, |
15 | and institutions of higher education. |
16 | SECTION 21. Section 37-2-9.1 of the General Laws in Chapter 37-2 entitled "State |
17 | Purchases” is hereby repealed in its entirety. |
18 | § 37-2-9.1. Bidder registration fee. |
19 | The chief purchasing officer may adopt regulations to establish an annual fee, of not less |
20 | than twenty-five dollars ($25.00), which shall be paid by all potential bidders requesting to |
21 | subscribe to solicitation mailings for public bids for specific types of supplies, services, and |
22 | construction during a fiscal year, and may waive that fee for Rhode Island firms. Additionally, the |
23 | chief purchasing agent officer may delegate to the purchasing agent the authority to waive that fee |
24 | for an individual solicitation and to include unregistered bidders in the solicitation in the interest of |
25 | expanding competition. Nothing herein shall prevent any interested party from submitting a bid in |
26 | response to any solicitation of which they become aware. |
27 | SECTION 22. Chapter 37-14.2 of the General Laws entitled “Micro Business Act” is |
28 | hereby repealed in its entirety. |
29 | § 37-14.2-1. Short title. |
30 | This chapter shall be known and may be cited as “The Micro Businesses Act.” |
31 | § 37-14.2-2. Purpose. |
32 | The purpose of this chapter is to carry out the state’s policy of supporting the fullest |
33 | possible participation of micro businesses in the economic activity in the state of Rhode Island, |
34 | including, but not limited to, state-directed public construction programs and projects and in-state |
| LC004143 - Page 100 of 226 |
1 | purchases of goods and services. The purpose of this chapter includes assisting micro businesses |
2 | throughout the life of any contracts with the state of Rhode Island or its agencies. |
3 | § 37-14.2-3. Definitions. |
4 | As used in this chapter, the following words and terms shall have the following meanings |
5 | unless the context shall clearly indicate another or different meaning or intent: |
6 | (1) “Contract” means a mutually binding legal relationship, or any modification thereof, |
7 | obligating the seller to furnish supplies or services, including construction, and the buyer to pay for |
8 | them. As used in this chapter, a lease is a contract. |
9 | (2) “Contractor” means one who participates, through a contract or subcontract, in any |
10 | procurement or program covered by this chapter and includes lessees and material suppliers. |
11 | (3) “Micro business” means a Rhode Island-based business entity, regardless of whether it |
12 | is in the form of a corporation, limited liability company, limited partnership, general partnership, |
13 | or sole proprietorship, that has a total of ten (10) or fewer members, owners, and employees and |
14 | has gross sales totaling five hundred thousand dollars ($500,000) or less. |
15 | (4) “MB coordinator” means the official designated to have overall responsibility for |
16 | promoting, coordinating, documenting, and implementing efforts related to micro businesses. |
17 | (5) “Registered” means those micro businesses that have provided their business name, |
18 | address, owner-contact information, number of employees, and annual gross sales to the department |
19 | of administration. |
20 | § 37-14.2-4. Compilation and reporting of data on micro businesses. |
21 | (a) The department of administration shall compile and maintain data on the existence of |
22 | registered micro businesses to facilitate the achievement of the purpose of this chapter. Within sixty |
23 | (60) days of the effective date of this statute [July 20, 2016], the department of administration shall |
24 | submit a report to the governor and general assembly that describes the methodology being used to |
25 | compile such data and to report annual utilization of registered, micro businesses in state-directed |
26 | public construction programs and projects and in-state purchases of goods and services. The report |
27 | shall be made public contemporaneously with its submission to the governor and general assembly. |
28 | (b) The department of administration shall maintain a micro business registration database |
29 | that shall include the business name, address, owner-contact information, number of employees, |
30 | and annual gross sales. Such registration of micro businesses with the department of administration |
31 | shall be on a voluntary basis, and does not supersede any mandated, business-registration |
32 | requirements with the secretary of state or other general offices, as well as with any city or town as |
33 | applicable. |
34 | (c) On or before January 1, 2017, and on or before the first day of January in all years |
| LC004143 - Page 101 of 226 |
1 | thereafter, the department of administration shall submit a report to the governor and general |
2 | assembly consisting of data concerning the registration of micro businesses in the state. The data |
3 | shall include, but not be limited to: the number of registered micro businesses; the distribution of |
4 | registered, micro businesses among the thirty-nine (39) cities or towns in the state; the number of |
5 | registered, micro businesses that are also Rhode Island-certified minority business enterprises; and |
6 | the number of registered, micro businesses that are also Rhode Island-certified women business |
7 | enterprises. |
8 | (d) At the request of the director of the department of administration, the secretary of state, |
9 | or all other general officers of the state, all agencies of the state and all cities and towns shall make |
10 | reasonable modifications to their record keeping procedures to facilitate the compilation of data |
11 | concerning the existence of micro businesses in Rhode Island. |
12 | SECTION 23. Section 41-5-23 of the General Laws in Chapter 41-5 entitled “Boxing and |
13 | Wrestling” is hereby repealed. |
14 | § 41-5-23. Annual report to general assembly. |
15 | The division of gaming and athletics licensing shall make an annual report to the general |
16 | assembly on or before the first Wednesday in February, together with any recommendations for |
17 | legislation, that it may deem desirable. |
18 | SECTION 24. Section 42-11-2 of the General Laws in Chapter 42-11entitled “Department |
19 | of Administration” is hereby amended as follows: |
20 | 42-11-2. Powers and duties of department. |
21 | The department of administration shall have the following powers and duties: |
22 | (1) To prepare a budget for the several state departments and agencies, subject to the |
23 | direction and supervision of the governor; |
24 | (2) To administer the budget for all state departments and agencies, except as specifically |
25 | exempted by law; |
26 | (3) To devise, formulate, promulgate, supervise, and control accounting systems, |
27 | procedures, and methods for the state departments and agencies, conforming to such accounting |
28 | standards and methods as are prescribed by law; |
29 | (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and |
30 | services needed by state departments and agencies, except as specifically exempted by law; |
31 | (5) To prescribe standard specifications for those purchases and contracts and to enforce |
32 | compliance with specifications; |
33 | (6) To supervise and control the advertising for bids and awards for state purchases; |
34 | (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus |
| LC004143 - Page 102 of 226 |
1 | and salvage, and the transfer to or between state departments and agencies of needed supplies, |
2 | equipment, and materials; |
3 | (8) To maintain, equip, and keep in repair the state house, state office building, and other |
4 | premises owned or rented by the state for the use of any department or agency, excepting those |
5 | buildings, the control of which is vested by law in some other agency; |
6 | (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and |
7 | property, real and personal; |
8 | (10) To require reports from state agencies on the buildings and property in their custody; |
9 | (11) To issue regulations to govern the protection and custody of the property of the state; |
10 | (12) To assign office and storage space and to rent and lease land and buildings for the use |
11 | of the several state departments and agencies in the manner provided by law; |
12 | (13) To control and supervise the acquisition, operation, maintenance, repair, and |
13 | replacement of state-owned motor vehicles by state agencies; |
14 | (14) To maintain and operate central duplicating and mailing service for the several state |
15 | departments and agencies; |
16 | (15) To furnish the several departments and agencies of the state with other essential office |
17 | services; |
18 | (16) To survey and examine the administration and operation of the state departments and |
19 | agencies, submitting to the governor proposals to secure greater administrative efficiency and |
20 | economy, to minimize the duplication of activities, and to effect a better organization and |
21 | consolidation of functions among state agencies; |
22 | (17) To operate a merit system of personnel administration and personnel management as |
23 | defined in § 36-3-3 in connection with the conditions of employment in all state departments and |
24 | agencies within the classified service; |
25 | (18) To assign or reassign, with the approval of the governor, any functions, duties, or |
26 | powers established by this chapter to any agency within the department; |
27 | (19) To establish, maintain, and operate a data processing center or centers, approve the |
28 | acquisition and use of electronic data processing services by state agencies, furnish staff assistance |
29 | in methods, systems and programming work to other state agencies, and arrange for and effect the |
30 | centralization and consolidation of punch card and electronic data processing equipment and |
31 | services in order to obtain maximum utilization and efficiency; |
32 | (20) To devise, formulate, promulgate, supervise, and control a comprehensive and |
33 | coordinated statewide information system designed to improve the database used in the |
34 | management of public resources, to consult and advise with other state departments and agencies |
| LC004143 - Page 103 of 226 |
1 | and municipalities to assure appropriate and full participation in this system, and to encourage the |
2 | participation of the various municipalities of this state in this system by providing technical or other |
3 | appropriate assistance toward establishing, within those municipalities, compatible information |
4 | systems in order to obtain the maximum effectiveness in the management of public resources; |
5 | (i) The comprehensive and coordinated statewide information system may include a Rhode |
6 | Island geographic information system of land-related economic, physical, cultural and natural |
7 | resources. |
8 | (ii) In order to ensure the continuity of the maintenance and functions of the geographic |
9 | information system, the general assembly may annually appropriate such sum as it may deem |
10 | necessary to the department of administration for its support; |
11 | (21) To administer a statewide planning program including planning assistance to the state |
12 | departments and agencies; |
13 | (22) To administer a statewide program of photography and photographic services; |
14 | (23) To negotiate with public or private educational institutions in the state, in cooperation |
15 | with the department of health, for state support of medical education; |
16 | (24) To promote the expansion of markets for recovered material and to maximize their |
17 | return to productive economic use through the purchase of materials and supplies with recycled |
18 | content by the state of Rhode Island to the fullest extent practically feasible; |
19 | (25) To approve costs as provided in § 23-19-32; |
20 | (26) To provide all necessary civil service tests for individuals seeking employment as |
21 | social workers at the department of human services at least twice each year and to maintain an |
22 | adequate hiring list for this position at all times; |
23 | (27)(i) To prepare a report every three (3) months of all current property leases or rentals |
24 | by any state or quasi-state agency to include the following information: |
25 | (A) Name of lessor; |
26 | (B) Description of the lease (purpose, physical characteristics, and location); |
27 | (C) Cost of the lease; |
28 | (D) Amount paid to date; |
29 | (E) Date initiated; |
30 | (F) Date covered by the lease. |
31 | (ii) To prepare a report by October 31, 2014, of all current property owned by the state or |
32 | leased by any state agency or quasi-state agency to include the following information: |
33 | (A) Total square feet for each building or leased space; |
34 | (B) Total square feet for each building and space utilized as office space currently; |
| LC004143 - Page 104 of 226 |
1 | (C) Location of each building or leased space; |
2 | (D) Ratio and listing of buildings owned by the state versus leased; |
3 | (E) Total occupancy costs which shall include capital expenses, provided a proxy should |
4 | be provided to compare properties that are owned versus leased by showing capital expenses on |
5 | owned properties as a per square foot cost at industry depreciation rates; |
6 | (F) Expiration dates of leases; |
7 | (G) Number of workstations per building or leased space; |
8 | (H) Total square feet divided by number of workstations; |
9 | (I) Total number of vacant workstations; |
10 | (J) Percentage of vacant workstations versus total workstations available; |
11 | (K) Date when an action is required by the state to renew or terminate a lease; |
12 | (L) Strategic plan for leases commencing or expiring by June 30, 2016; |
13 | (M) Map of all state buildings which provides: cost per square foot to maintain, total |
14 | number of square feet, total operating cost, date each lease expires, number of persons per building |
15 | and total number of vacant seats per building; and |
16 | (N) Industry benchmark report which shall include total operating cost by full-time |
17 | equivalent employee, total operating cost by square foot and total square feet divided by full-time |
18 | equivalent employee; |
19 | (28) To prepare a report to the chairs of the house and senate finance committees by |
20 | December 15, 2021, and each year thereafter of all current property owned by the state or leased |
21 | by any state agency or quasi-state agency to include the following information: |
22 | (i) Total square feet for each building or leased space; |
23 | (ii) Total square feet for each building and space utilized as office space currently; |
24 | (iii) Location of each building or leased space; |
25 | (iv) Ratio and listing of buildings owned by the state versus leased; |
26 | (v) Total occupancy costs which shall include capital expenses, provided a proxy should |
27 | be provided to compare properties that are owned versus leased by showing capital expenses on |
28 | owned properties as a per square foot cost at industry depreciation rates; |
29 | (vi) Expiration dates of leases; |
30 | (vii) Number of workstations per building or leased space; |
31 | (viii) Total square feet divided by number of workstations; |
32 | (ix) Total number of vacant workstations; |
33 | (x) Percentage of vacant workstations versus total workstations available; |
34 | (xi) Date when an action is required by the state to renew or terminate a lease; |
| LC004143 - Page 105 of 226 |
1 | (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each |
2 | subsequent year thereafter; |
3 | (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number |
4 | of square feet, total operating cost, date each lease expires, number of persons per building and |
5 | total number of vacant seats per building; and |
6 | (xiv) Industry benchmark report that shall include total operating cost by full-time |
7 | equivalent employee, total operating cost by square foot and total square feet divided by full-time |
8 | equivalent employee; |
9 | (29) To provide by December 31, 1995, the availability of automatic direct deposit to any |
10 | recipient of a state benefit payment, provided that the agency responsible for making that payment |
11 | generates one thousand (1,000) or more such payments each month; |
12 | (30) To encourage municipalities, school districts, and quasi-public agencies to achieve |
13 | cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or |
14 | by entering into collaborative agreements with other municipalities, districts, or agencies. To assist |
15 | in determining whether the benefit levels including employee cost sharing and unit costs of such |
16 | benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies |
17 | as compared with state benefit levels and costs; and |
18 | (31) To administer a health benefit exchange in accordance with chapter 157 of this title. |
19 | SECTION 25. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled |
20 | “Department of Environmental Management” is hereby amended to read as follows: |
21 | 42-17.1-2. Powers and duties. |
22 | The director of environmental management shall have the following powers and duties: |
23 | (1) To supervise and control the protection, development, planning, and utilization of the |
24 | natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil, |
25 | clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, |
26 | shellfish, and other forms of aquatic, insect, and animal life; |
27 | (2) To exercise all functions, powers, and duties heretofore vested in the department of |
28 | agriculture and conservation, and in each of the divisions of the department, such as the promotion |
29 | of agriculture and animal husbandry in their several branches, including the inspection and |
30 | suppression of contagious diseases among animals; the regulation of the marketing of farm |
31 | products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious |
32 | insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of |
33 | contagious diseases among bees; the prevention of the sale of adulterated or misbranded |
34 | agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with |
| LC004143 - Page 106 of 226 |
1 | the University of Rhode Island, farmers’ institutes, and the various organizations established for |
2 | the purpose of developing an interest in agriculture; together with such other agencies and activities |
3 | as the governor and the general assembly may, from time to time, place under the control of the |
4 | department; and as heretofore vested by such of the following chapters and sections of the general |
5 | laws as are presently applicable to the department of environmental management and that were |
6 | previously applicable to the department of natural resources and the department of agriculture and |
7 | conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 |
8 | entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled |
9 | “Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled |
10 | “Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and |
11 | Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general |
12 | or public law relating to the department of agriculture and conservation or to any of its divisions or |
13 | bureaus; |
14 | (3) To exercise all the functions, powers, and duties heretofore vested in the division of |
15 | parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled |
16 | “Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning |
17 | Prevention and Lifesaving”; and by any other general or public law relating to the division of parks |
18 | and recreation; |
19 | (4) To exercise all the functions, powers, and duties heretofore vested in the division of |
20 | harbors and rivers of the department of public works, or in the department itself by such as were |
21 | previously applicable to the division or the department, of chapters 1 through 22 and sections |
22 | thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public |
23 | law relating to the division of harbors and rivers; |
24 | (5) To exercise all the functions, powers, and duties heretofore vested in the department of |
25 | health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by |
26 | chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5, |
27 | 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and |
28 | those functions, powers, and duties specifically vested in the director of environmental |
29 | management by the provisions of § 21-2-22, as amended, entitled “Inspection of Animals and |
30 | Milk”; together with other powers and duties of the director of the department of health as are |
31 | incidental to, or necessary for, the performance of the functions transferred by this section; |
32 | (6) To cooperate with the Rhode Island commerce corporation in its planning and |
33 | promotional functions, particularly in regard to those resources relating to agriculture, fisheries, |
34 | and recreation; |
| LC004143 - Page 107 of 226 |
1 | (7) To cooperate with, advise, and guide conservation commissions of cities and towns |
2 | created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter |
3 | 203 of the Public Laws, 1960; |
4 | (8) To assign or reassign, with the approval of the governor, any functions, duties, or |
5 | powers established by this chapter to any agency within the department, except as hereinafter |
6 | limited; |
7 | (9) To cooperate with the water resources board and to provide to the board facilities, |
8 | administrative support, staff services, and other services as the board shall reasonably require for |
9 | its operation and, in cooperation with the board and the statewide planning program, to formulate |
10 | and maintain a long-range guide plan and implementing program for development of major water- |
11 | sources transmission systems needed to furnish water to regional- and local-distribution systems; |
12 | (10) To cooperate with the solid waste management corporation and to provide to the |
13 | corporation such facilities, administrative support, staff services, and other services within the |
14 | department as the corporation shall reasonably require for its operation; |
15 | (11) To provide for the maintenance of waterways and boating facilities, consistent with |
16 | chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and |
17 | disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground water |
18 | protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland |
19 | beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council |
20 | pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management council in |
21 | the development and implementation of comprehensive programs for dredging as provided for in |
22 | §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal |
23 | sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the |
24 | comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein |
25 | shall be construed to abrogate the powers or duties granted to the coastal resources management |
26 | council under chapter 23 of title 46, as amended; |
27 | (12) To establish minimum standards, subject to the approval of the environmental |
28 | standards board, relating to the location, design, construction, and maintenance of all sewage- |
29 | disposal systems; |
30 | (13) To enforce, by such means as provided by law, the standards for the quality of air, and |
31 | water, and the design, construction, and operation of all sewage-disposal systems; any order or |
32 | notice issued by the director relating to the location, design, construction, or maintenance of a |
33 | sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director |
34 | shall forward the order or notice to the city or town wherein the subject property is located and the |
| LC004143 - Page 108 of 226 |
1 | order or notice shall be recorded in the general index by the appropriate municipal official in the |
2 | land evidence records in the city or town wherein the subject property is located. Any subsequent |
3 | transferee of that property shall be responsible for complying with the requirements of the order or |
4 | notice. Upon satisfactory completion of the requirements of the order or notice, the director shall |
5 | provide written notice of the same, which notice shall be similarly eligible for recordation. The |
6 | original written notice shall be forwarded to the city or town wherein the subject property is located |
7 | and the notice of satisfactory completion shall be recorded in the general index by the appropriate |
8 | municipal official in the land evidence records in the city or town wherein the subject property is |
9 | located. A copy of the written notice shall be forwarded to the owner of the subject property within |
10 | five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject |
11 | property within thirty (30) days after correction; |
12 | (14) To establish minimum standards for the establishment and maintenance of salutary |
13 | environmental conditions, including standards and methods for the assessment and the |
14 | consideration of the cumulative effects on the environment of regulatory actions and decisions, |
15 | which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential |
16 | cumulative effects that could adversely affect public health and/or impair ecological functioning; |
17 | (ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate |
18 | in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable |
19 | to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private |
20 | and public wells, unless broader use is approved by the general assembly. The department shall |
21 | report to the general assembly not later than March 15, 2008, with regard to the development and |
22 | application of the standards and methods in Jamestown; |
23 | (15) To establish and enforce minimum standards for permissible types of septage, |
24 | industrial-waste disposal sites, and waste-oil disposal sites; |
25 | (16) To establish minimum standards, subject to the approval of the environmental |
26 | standards board, for permissible types of refuse disposal facilities; the design, construction, |
27 | operation, and maintenance of disposal facilities; and the location of various types of facilities; |
28 | (17) To exercise all functions, powers, and duties necessary for the administration of |
29 | chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”; |
30 | (18) To designate, in writing, any person in any department of the state government or any |
31 | official of a district, county, city, town, or other governmental unit, with that official’s consent, to |
32 | enforce any rule, regulation, or order promulgated and adopted by the director under any provision |
33 | of law; provided, however, that enforcement of powers of the coastal resources management |
34 | council shall be assigned only to employees of the department of environmental management, |
| LC004143 - Page 109 of 226 |
1 | except by mutual agreement or as otherwise provided in chapter 23 of title 46; |
2 | (19) To issue and enforce the rules, regulations, and orders as may be necessary to carry |
3 | out the duties assigned to the director and the department by any provision of law; and to conduct |
4 | investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to |
5 | enforce those rules, regulations, and orders. Any license suspended under the rules, regulations, |
6 | and/or orders shall be terminated and revoked if the conditions that led to the suspension are not |
7 | corrected to the satisfaction of the director within two (2) years; provided that written notice is |
8 | given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of |
9 | termination. |
10 | Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a |
11 | contested licensing matter shall occur where resolution substantially deviates from the original |
12 | application unless all interested parties shall be notified of the proposed resolution and provided |
13 | with opportunity to comment upon the resolution pursuant to applicable law and any rules and |
14 | regulations established by the director; |
15 | (20) To enter, examine, or survey, at any greasonable time, places as the director deems |
16 | necessary to carry out his or her responsibilities under any provision of law subject to the following |
17 | provisions: |
18 | (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a |
19 | search warrant from an official of a court authorized to issue warrants, unless a search without a |
20 | warrant is otherwise allowed or provided by law; |
21 | (ii)(A) All administrative inspections shall be conducted pursuant to administrative |
22 | guidelines promulgated by the department in accordance with chapter 35 of this title; |
23 | (B) A warrant shall not be required for administrative inspections if conducted under the |
24 | following circumstances, in accordance with the applicable constitutional standards: |
25 | (I) For closely regulated industries; |
26 | (II) In situations involving open fields or conditions that are in plain view; |
27 | (III) In emergency situations; |
28 | (IV) In situations presenting an imminent threat to the environment or public health, safety, |
29 | or welfare; |
30 | (V) If the owner, operator, or agent in charge of the facility, property, site, or location |
31 | consents; or |
32 | (VI) In other situations in which a warrant is not constitutionally required. |
33 | (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the |
34 | director in his or her discretion deems it advisable, an administrative search warrant, or its |
| LC004143 - Page 110 of 226 |
1 | functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of |
2 | conducting an administrative inspection. The warrant shall be issued in accordance with the |
3 | applicable constitutional standards for the issuance of administrative search warrants. The |
4 | administrative standard of probable cause, not the criminal standard of probable cause, shall apply |
5 | to applications for administrative search warrants; |
6 | (I) The need for, or reliance upon, an administrative warrant shall not be construed as |
7 | requiring the department to forfeit the element of surprise in its inspection efforts; |
8 | (II) An administrative warrant issued pursuant to this subsection must be executed and |
9 | returned within ten (10) days of its issuance date unless, upon a showing of need for additional |
10 | time, the court orders otherwise; |
11 | (III) An administrative warrant may authorize the review and copying of documents that |
12 | are relevant to the purpose of the inspection. If documents must be seized for the purpose of |
13 | copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an |
14 | inventory of the documents taken. The time, place, and manner regarding the making of the |
15 | inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the |
16 | inventory shall be delivered to the person from whose possession or facility the documents were |
17 | taken. The seized documents shall be copied as soon as feasible under circumstances preserving |
18 | their authenticity, then returned to the person from whose possession or facility the documents were |
19 | taken; |
20 | (IV) An administrative warrant may authorize the taking of samples of air, water, or soil |
21 | or of materials generated, stored, or treated at the facility, property, site, or location. Upon request, |
22 | the department shall make split samples available to the person whose facility, property, site, or |
23 | location is being inspected; |
24 | (V) Service of an administrative warrant may be required only to the extent provided for |
25 | in the terms of the warrant itself, by the issuing court. |
26 | (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to |
27 | department personnel pursuant to an administrative warrant shall constitute a contempt of court and |
28 | shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six |
29 | (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal; |
30 | (21) To give notice of an alleged violation of law to the person responsible therefor |
31 | whenever the director determines that there are reasonable grounds to believe that there is a |
32 | violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted |
33 | pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the |
34 | attorney general to prosecute offenders as required by law; |
| LC004143 - Page 111 of 226 |
1 | (i) The notice shall provide for a time within which the alleged violation shall be remedied, |
2 | and shall inform the person to whom it is directed that a written request for a hearing on the alleged |
3 | violation may be filed with the director within twenty (20) days after service of the notice. The |
4 | notice will be deemed properly served upon a person if a copy thereof is served the person |
5 | personally; or sent by registered or certified mail to the person’s last known address; or if the person |
6 | is served with notice by any other method of service now or hereafter authorized in a civil action |
7 | under the laws of this state. If no written request for a hearing is made to the director within twenty |
8 | (20) days of the service of notice, the notice shall automatically become a compliance order; |
9 | (ii)(A) Whenever the director determines that there exists a violation of any law, rule, or |
10 | regulation within the director’s jurisdiction that requires immediate action to protect the |
11 | environment, the director may, without prior notice of violation or hearing, issue an immediate- |
12 | compliance order stating the existence of the violation and the action he or she deems necessary. |
13 | The compliance order shall become effective immediately upon service or within such time as is |
14 | specified by the director in such order. No request for a hearing on an immediate-compliance order |
15 | may be made; |
16 | (B) Any immediate-compliance order issued under this section without notice and prior |
17 | hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good |
18 | cause shown, the order may be extended one additional period not exceeding forty-five (45) days; |
19 | (iii) The director may, at his or her discretion and for the purposes of timely and effective |
20 | resolution and return to compliance, cite a person for alleged noncompliance through the issuance |
21 | of an expedited citation in accordance with § 42-17.6-3(c); |
22 | (iv) If a person upon whom a notice of violation has been served under the provisions of |
23 | this section or if a person aggrieved by any such notice of violation requests a hearing before the |
24 | director within twenty (20) days of the service of notice of violation, the director shall set a time |
25 | and place for the hearing, and shall give the person requesting that hearing at least five (5) days’ |
26 | written notice thereof. After the hearing, the director may make findings of fact and shall sustain, |
27 | modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that |
28 | decision shall be deemed a compliance order and shall be served upon the person responsible in |
29 | any manner provided for the service of the notice in this section; |
30 | (v) The compliance order shall state a time within which the violation shall be remedied, |
31 | and the original time specified in the notice of violation shall be extended to the time set in the |
32 | order; |
33 | (vi) Whenever a compliance order has become effective, whether automatically where no |
34 | hearing has been requested, where an immediate compliance order has been issued, or upon |
| LC004143 - Page 112 of 226 |
1 | decision following a hearing, the director may institute injunction proceedings in the superior court |
2 | of the state for enforcement of the compliance order and for appropriate temporary relief, and in |
3 | that proceeding, the correctness of a compliance order shall be presumed and the person attacking |
4 | the order shall bear the burden of proving error in the compliance order, except that the director |
5 | shall bear the burden of proving in the proceeding the correctness of an immediate compliance |
6 | order. The remedy provided for in this section shall be cumulative and not exclusive and shall be |
7 | in addition to remedies relating to the removal or abatement of nuisances or any other remedies |
8 | provided by law; |
9 | (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30) |
10 | days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to |
11 | review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the |
12 | petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of |
13 | certiorari; |
14 | (22) To impose administrative penalties in accordance with the provisions of chapter 17.6 |
15 | of this title and to direct that such penalties be paid into the account established by subsection (26); |
16 | (23) The following definitions shall apply in the interpretation of the provisions of this |
17 | chapter: |
18 | (i) Director: The term “director” shall mean the director of environmental management of |
19 | the state of Rhode Island or his or her duly authorized agent; |
20 | (ii) Person: The term “person” shall include any individual, group of individuals, firm, |
21 | corporation, association, partnership, or private or public entity, including a district, county, city, |
22 | town, or other governmental unit or agent thereof, and in the case of a corporation, any individual |
23 | having active and general supervision of the properties of the corporation; |
24 | (iii) Service: |
25 | (A) Service upon a corporation under this section shall be deemed to include service upon |
26 | both the corporation and upon the person having active and general supervision of the properties |
27 | of the corporation; |
28 | (B) For purposes of calculating the time within which a claim for a hearing is made |
29 | pursuant to subsection (21)(i), service shall be deemed to be the date of receipt of such notice or |
30 | three (3) days from the date of mailing of the notice, whichever shall first occur; |
31 | (24)(i) To conduct surveys of the present private and public camping and other recreational |
32 | areas available and to determine the need for and location of other camping and recreational areas |
33 | as may be deemed necessary and in the public interest of the state of Rhode Island and to report |
34 | back its findings on an annual basis to the general assembly on or before March 1 of every year; |
| LC004143 - Page 113 of 226 |
1 | (ii) Additionally, the director of the department of environmental management shall take |
2 | additional steps, including, but not limited to, matters related to funding as may be necessary to |
3 | establish such other additional recreational facilities and areas as are deemed to be in the public |
4 | interest; |
5 | (25)(i) To apply for and accept grants and bequests of funds, with the approval of the |
6 | director of administration, from other states, interstate agencies, and independent authorities, and |
7 | private firms, individuals, and foundations, for the purpose of carrying out his or her lawful |
8 | responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt |
9 | account created in the natural resources program for funds made available for that program’s |
10 | purposes or in a restricted receipt account created in the environmental protection program for |
11 | funds made available for that program’s purposes. All expenditures from the accounts shall be |
12 | subject to appropriation by the general assembly, and shall be expended in accordance with the |
13 | provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the |
14 | event that the trust account balance shows a surplus after the project as provided for in the grant or |
15 | bequest has been completed, the director may utilize the appropriated unspecified or appropriated |
16 | surplus funds for enhanced management of the department’s forest and outdoor public recreation |
17 | areas, or other projects or programs that promote the accessibility of recreational opportunities for |
18 | Rhode Island residents and visitors; |
19 | (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by |
20 | October 1 of each year, a detailed report on the amount of funds received and the uses made of such |
21 | funds; |
22 | (26) To establish fee schedules by regulation, with the approval of the governor, for the |
23 | processing of applications and the performing of related activities in connection with the |
24 | department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to |
25 | inspections performed by the department to determine compliance with chapter 19.1 and rules and |
26 | regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections |
27 | performed by the department to determine compliance with chapter 18.9 and the rules and |
28 | regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of |
29 | title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant |
30 | to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and |
31 | administration of underground storage tanks and all other programs administered under chapter 12 |
32 | 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 |
33 | they relate to any reviews and related activities performed under the provisions of the Groundwater |
34 | Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury- |
| LC004143 - Page 114 of 226 |
1 | added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all |
2 | enforcement, permitting and licensing matters to the administrative adjudication division for |
3 | environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,” |
4 | a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application |
5 | decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies |
6 | from the administrative adjudication fees will be deposited as general revenues and the amounts |
7 | appropriated shall be used for the costs associated with operating the administrative adjudication |
8 | division. |
9 | There is hereby established an account within the general fund to be called the water and |
10 | air protection program. The account shall consist of sums appropriated for water and air pollution |
11 | control and waste-monitoring programs and the state controller is hereby authorized and directed |
12 | to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof, |
13 | as may be required, from time to time, upon receipt by him or her of properly authenticated |
14 | vouchers. All amounts collected under the authority of this subsection (26) for the sewage-disposal- |
15 | system program and freshwater wetlands program will be deposited as general revenues and the |
16 | amounts appropriated shall be used for the purposes of administering and operating the programs. |
17 | The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of |
18 | each year a detailed report on the amount of funds obtained from fines and fees and the uses made |
19 | of the funds; |
20 | (27) To establish and maintain a list or inventory of areas within the state worthy of special |
21 | designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic |
22 | vistas, and scenic areas, and to make the list available to the public; |
23 | (28) To establish and maintain an inventory of all interests in land held by public and |
24 | private land trust and to exercise all powers vested herein to ensure the preservation of all identified |
25 | lands; |
26 | (i) The director may promulgate and enforce rules and regulations to provide for the orderly |
27 | and consistent protection, management, continuity of ownership and purpose, and centralized |
28 | records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part |
29 | through other interests, rights, or devices such as conservation easements or restrictions, by private |
30 | and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each |
31 | document submitted by a land trust; |
32 | (ii) The term “public land trust” means any public instrumentality created by a Rhode |
33 | Island municipality for the purposes stated herein and financed by means of public funds collected |
34 | and appropriated by the municipality. The term “private land trust” means any group of five (5) or |
| LC004143 - Page 115 of 226 |
1 | more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a |
2 | nonbusiness corporation for the purposes stated herein, or a national organization such as the nature |
3 | conservancy. The main purpose of either a public or a private land trust shall be the protection, |
4 | acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, |
5 | areas, or open space for the purpose of managing or maintaining, or causing to be managed or |
6 | maintained by others, the land, water, and other natural amenities in any undeveloped and relatively |
7 | natural state in perpetuity. A private land trust must be granted exemption from federal income tax |
8 | under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its |
9 | incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A |
10 | private land trust may not be incorporated for the exclusive purpose of acquiring or accepting |
11 | property or rights in property from a single individual, family, corporation, business, partnership, |
12 | or other entity. Membership in any private land trust must be open to any individual subscribing to |
13 | the purposes of the land trust and agreeing to abide by its rules and regulations including payment |
14 | of reasonable dues; |
15 | (iii)(A) Private land trusts will, in their articles of association or their bylaws, as |
16 | appropriate, provide for the transfer to an organization, created for the same or similar purposes, of |
17 | the assets, lands and land rights, and interests held by the land trust in the event of termination or |
18 | dissolution of the land trust; |
19 | (B) All land trusts, public and private, will record in the public records, of the appropriate |
20 | towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests |
21 | and rights acquired in land and will also file copies of all such documents and current copies of |
22 | their articles of association, their bylaws, and their annual reports with the secretary of state and |
23 | with the director of the Rhode Island department of environmental management. The director is |
24 | hereby directed to establish and maintain permanently a system for keeping records of all private |
25 | and public land trust land holdings in Rhode Island; |
26 | (29) The director will contact in writing, not less often than once every two (2) years, each |
27 | public or private land trust to ascertain: that all lands held by the land trust are recorded with the |
28 | director; the current status and condition of each land holding; that any funds or other assets of the |
29 | land trust held as endowment for specific lands have been properly audited at least once within the |
30 | two-year (2) period; the name of the successor organization named in the public or private land |
31 | trust’s bylaws or articles of association; and any other information the director deems essential to |
32 | the proper and continuous protection and management of land and interests or rights in land held |
33 | by the land trust. In the event that the director determines that a public or private land trust holding |
34 | land or interest in land appears to have become inactive, the director shall initiate proceedings to |
| LC004143 - Page 116 of 226 |
1 | effect the termination of the land trust and the transfer of its lands, assets, land rights, and land |
2 | interests to the successor organization named in the defaulting trust’s bylaws or articles of |
3 | association or to another organization created for the same or similar purposes. Should such a |
4 | transfer not be possible, then the land trust, assets, and interest and rights in land will be held in |
5 | trust by the state of Rhode Island and managed by the director for the purposes stated at the time |
6 | of original acquisition by the trust. Any trust assets or interests other than land or rights in land |
7 | accruing to the state under such circumstances will be held and managed as a separate fund for the |
8 | benefit of the designated trust lands; |
9 | (30) Consistent with federal standards, issue and enforce such rules, regulations, and orders |
10 | as may be necessary to establish requirements for maintaining evidence of financial responsibility |
11 | for taking corrective action and compensating third parties for bodily injury and property damage |
12 | caused by sudden and non-sudden accidental releases arising from operating underground storage |
13 | tanks; |
14 | (31) To enforce, by such means as provided by law, the standards for the quality of air, and |
15 | water, and the location, design, construction, and operation of all underground storage facilities |
16 | used for storing petroleum products or hazardous materials; any order or notice issued by the |
17 | director relating to the location, design, construction, operation, or maintenance of an underground |
18 | storage facility used for storing petroleum products or hazardous materials shall be eligible for |
19 | recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or |
20 | town wherein the subject facility is located, and the order or notice shall be recorded in the general |
21 | index by the appropriate municipal officer in the land-evidence records in the city or town wherein |
22 | the subject facility is located. Any subsequent transferee of that facility shall be responsible for |
23 | complying with the requirements of the order or notice. Upon satisfactory completion of the |
24 | requirements of the order or notice, the director shall provide written notice of the same, which |
25 | notice shall be eligible for recordation. The original, written notice shall be forwarded to the city |
26 | or town wherein the subject facility is located, and the notice of satisfactory completion shall be |
27 | recorded in the general index by the appropriate municipal official in the land-evidence records in |
28 | the city or town wherein the subject facility is located. A copy of the written notice shall be |
29 | forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any |
30 | event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction; |
31 | (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in |
32 | accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank |
33 | Financial Responsibility Act, as amended; |
34 | (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as |
| LC004143 - Page 117 of 226 |
1 | appropriate and/or as necessary, in order to accomplish the important public purposes of the survey |
2 | in gathering and maintaining data on Rhode Island natural history; making public presentations and |
3 | reports on natural history topics; ranking species and natural communities; monitoring rare species |
4 | and communities; consulting on open-space acquisitions and management plans; reviewing |
5 | proposed federal and state actions and regulations with regard to their potential impact on natural |
6 | communities; and seeking outside funding for wildlife management, land management, and |
7 | research; |
8 | (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including, |
9 | but not limited to, collaboration with watershed organizations and associations of lakefront property |
10 | owners on planning and management actions that will prevent and mitigate water quality |
11 | degradation, reduce the loss of native habitat due to infestation of non-native species, abate |
12 | nuisance conditions that result from excessive growth of algal or non-native plant species as well |
13 | as promote healthy freshwater riverine ecosystems; |
14 | (35) In implementing the programs established pursuant to this chapter, to identify critical |
15 | areas for improving service to customers doing business with the department, and to develop and |
16 | implement strategies to improve performance and effectiveness in those areas. Key aspects of a |
17 | customer-service program shall include, but not necessarily be limited to, the following |
18 | components: |
19 | (i) Maintenance of an organizational unit within the department with the express purpose |
20 | of providing technical assistance to customers and helping customers comply with environmental |
21 | regulations and requirements; |
22 | (ii) Maintenance of an employee-training program to promote customer service across the |
23 | department; |
24 | (iii) Implementation of a continuous business process evaluation and improvement effort, |
25 | including process reviews to encourage development of quality proposals; ensure timely and |
26 | predictable reviews; and result in effective decisions and consistent follow up and implementation |
27 | throughout the department; and publish an annual report on such efforts; |
28 | (iv) Creation of a centralized location for the acceptance of permit applications and other |
29 | submissions to the department; |
30 | (v) Maintenance of a process to promote, organize, and facilitate meetings prior to the |
31 | submission of applications or other proposals in order to inform the applicant on options and |
32 | opportunities to minimize environmental impact; improve the potential for sustainable |
33 | environmental compliance; and support an effective and efficient review and decision-making |
34 | process on permit applications related to the proposed project; |
| LC004143 - Page 118 of 226 |
1 | (vi) Development of single permits under multiple authorities otherwise provided in state |
2 | law to support comprehensive and coordinated reviews of proposed projects. The director may |
3 | address and resolve conflicting or redundant process requirements in order to achieve an effective |
4 | and efficient review process that meets environmental objectives; and |
5 | (vii) Exploration of the use of performance-based regulations coupled with adequate |
6 | inspection and oversight, as an alternative to requiring applications or submissions for approval |
7 | prior to initiation of projects. The department shall work with the office of regulatory reform to |
8 | evaluate the potential for adopting alternative compliance approaches and provide a report to the |
9 | governor and the general assembly by May 1, 2015; |
10 | (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty |
11 | feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all |
12 | sides facing the water, of an appropriate width and luminosity such that it can be seen by operators |
13 | of watercraft; |
14 | (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel |
15 | additive required or regulated by the department if the director finds that: |
16 | (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the |
17 | New England region that prevent the distribution of an adequate supply of the fuel or fuel additive |
18 | to consumers; |
19 | (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural |
20 | disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not |
21 | reasonably have been foreseen; and |
22 | (iii) It is in the public interest to grant the waiver. |
23 | Any temporary waiver shall be made in writing and shall be effective for twenty (20) |
24 | calendar days; provided, that the director may renew the temporary waiver, in writing, if it is |
25 | deemed necessary; and |
26 | (38)(i) To designate by rule certain waters of the state as shellfish or marine life project |
27 | management areas for the purpose of enhancing the cultivation and growth of marine species, |
28 | managing the harvest of marine species, facilitating the conduct by the department of experiments |
29 | in planting, cultivating, propagating, managing, and developing any and all kinds of marine life, |
30 | and any other related purpose. |
31 | (ii) Any such designation shall be by reference to fixed landmarks and include an explicit |
32 | description of the area to be designated. |
33 | (iii) Once so designated, the director may adopt rules and regulations addressing |
34 | restrictions on the quantities, types, or sizes of marine species which may be taken in any individual |
| LC004143 - Page 119 of 226 |
1 | management area, the times during which marine species may be taken, the manner or manners in |
2 | which marine species may be taken, the closure of such area to the taking of marine species, or any |
3 | other specific restrictions as may be deemed necessary. Such rules shall be exempt from the |
4 | requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9. |
5 | (iv) The director, upon the designation of a management area, may place any stakes, |
6 | bounds, buoys, or markers with the words “Rhode Island department of environmental |
7 | management” plainly marked on them, as will approximate the management area. Failure to place |
8 | or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or |
9 | administrative proceeding. |
10 | (v) Nothing in this section shall prevent the director from implementing emergency rules |
11 | pursuant to § 42-35-2.10. |
12 | SECTION 26. Section 42-64-36 of the General Laws in Chapter 42-64 entitled “Rhode |
13 | Island Commerce Corporation” is hereby amended to read as follows: |
14 | 42-64-36. Program accountability. |
15 | (a) The board of the Rhode Island commerce corporation shall be responsible for |
16 | establishing accountability standards, reporting standards, and outcome measurements for each of |
17 | its programs to include, but not be limited to, the use of tax credits, loans, loan guarantees, and |
18 | other financial transactions managed or utilized by the corporation. Included in the standards shall |
19 | be a set of principles and guidelines to be followed by the board to include: |
20 | (1) A set of outcomes against which the board will measure each program’s and offering’s |
21 | effectiveness; |
22 | (2) A set of standards for risk analysis for all of the programs especially the loans and loan |
23 | guarantee programs; and |
24 | (3) A process for reporting out all loans, loan guarantees, and any other financial |
25 | commitments made through the corporation that includes the purpose of the loan, financial data as |
26 | to payment history, and other related information. |
27 | (b) The board shall annually prepare a report starting in January 2015 which shall be |
28 | submitted to the house and senate. The report shall summarize the above listed information on each |
29 | of its programs and offerings and contain recommendations for modification, elimination, or |
30 | continuation. |
31 | (c) The commerce corporation shall prepare a report beginning January 1, 2019, which |
32 | shall be submitted to the house and senate within a period of thirty (30) forty-five (45) days of the |
33 | close of each quarter. The report shall summarize the information listed in subsection (a) of this |
34 | section on each of its programs and offerings, including any modifications, adjustments, clawbacks, |
| LC004143 - Page 120 of 226 |
1 | reallocations, alterations, or other changes, made from the close of the prior fiscal quarter and |
2 | include comparison data to the reports submitted pursuant to §§ 42-64.20-9(b), 42-64.21-8(a) and |
3 | (c), 42-64.22-14(a), 42-64.23-5(d), 42-64.24-5(d), 42-64.25-12, 42-64.26-6, 42-64.27-4, 42-64.28- |
4 | 9, 42-64.29-7(a), 42-64.31-3, 44-48.3-13(b) and (c), chapters 64.20, 64.21, 64.22, 64.23, 64.24, |
5 | 64.25, 64.26, 64.27, 64.28, 64.29, 64.30, 64.31, 64.32 of title 42 and § 44-48.3-13. |
6 | (d) The board shall coordinate its efforts with the office of revenue analysis to not duplicate |
7 | information on the use of tax credits and other tax expenditures. |
8 | SECTION 27. Section 42-64.19-3 of the General Laws in Chapter 42-64.19 entitled |
9 | “Executive Office of Commerce” is hereby amended to read as follows: |
10 | 42-64.19-3. Executive office of commerce. |
11 | (a) There is hereby established within the executive branch of state government an |
12 | executive office of commerce effective February 1, 2015, to serve as the principal agency of the |
13 | executive branch of state government for managing the promotion of commerce and the economy |
14 | within the state and shall have the following powers and duties in accordance with the following |
15 | schedule: |
16 | (1) On or about February 1, 2015, to operate functions from the department of business |
17 | regulation; |
18 | (2) On or about April 1, 2015, to operate various divisions and functions from the |
19 | department of administration; |
20 | (3) On or before September 1, 2015, to provide to the Senate and the House of |
21 | Representatives a comprehensive study and review of the roles, functions, and programs of the |
22 | department of administration and the department of labor and training to devise recommendations |
23 | and a business plan for the integration of these entities with the office of the secretary of commerce. |
24 | The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and |
25 | (4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce |
26 | and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy |
27 | secretary of commerce and housing shall succeed to the position of secretary of housing, and the |
28 | position of deputy secretary of commerce and housing shall cease to exist under this chapter. All |
29 | references in the general laws to the deputy secretary of commerce and housing shall be construed |
30 | to mean the secretary of housing. The secretary of housing shall be appointed by and report directly |
31 | to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy |
32 | secretary of commerce and housing. Until the formation of the new department of housing pursuant |
33 | to chapter 64.34 of this title, the secretary of housing shall reside within the executive office of |
34 | commerce for administrative purposes only. The secretary of housing shall: |
| LC004143 - Page 121 of 226 |
1 | (i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in |
2 | the field of urban planning, economics, or a related field of study or possess a juris doctor law |
3 | degree. Preference shall be provided to candidates having earned an advanced degree consisting of |
4 | an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have |
5 | documented five (5) years’ full-time experience employed in the administration of housing policy |
6 | and/or development; |
7 | (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and |
8 | developing a housing plan, including, but not limited to, the development of affordable housing |
9 | opportunities to assist in building strong community efforts and revitalizing neighborhoods; |
10 | (iii) Coordinate with all agencies directly related to any housing initiatives and participate |
11 | in the promulgation of any regulation having an impact on housing including, but not limited to, |
12 | the Rhode Island housing and mortgage finance corporation, the coastal resources management |
13 | council (CRMC), and state departments including, but not limited to: the department of |
14 | environmental management (DEM), the department of business regulation (DBR), the department |
15 | of transportation (DOT) and statewide planning, and the Rhode Island housing resources |
16 | commission; |
17 | (iv) Coordinate with the housing resources commission to formulate an integrated housing |
18 | report to include findings and recommendations to the governor, speaker of the house, senate |
19 | president, each chamber’s finance committee, and any committee whose purview is reasonably |
20 | related to, including, but not limited to, issues of housing, municipal government, and health on or |
21 | before December April 315, 20215, and annually thereafter which. This report shall include, but |
22 | not be limited to, the following: |
23 | (A) The total number of housing units in the state with per community counts, including |
24 | the number of Americans with Disabilities Act compliant special needs units; |
25 | (B) Every three years, beginning in 2026 and contingent upon funding for data collection, |
26 | an assessment of the suitability of existing housing stock in meeting accessibility needs of residents; |
27 | (BC) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A); |
28 | (CD) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of |
29 | the prior three (3) years in figures and as a percentage; |
30 | (DE) The number of net new units in development and number of units completed since |
31 | the prior report in the previous calendar year; |
32 | (EF) For each municipality the number of single-family, two-family (2), and three-family |
33 | (3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful |
34 | description of current conditions, including a statewide sum of each unit type; |
| LC004143 - Page 122 of 226 |
1 | (F) The total number of units by income type; |
2 | (G) A projection of the number of status quo units Every three years, beginning in 2026, a |
3 | projection of the number of units required to meet estimated population growth and based upon |
4 | household formation rates; |
5 | (H) A projection of the number of units required to meet housing formation trends; |
6 | (IH) A comparison of regional and other similarly situated state funding sources that |
7 | support housing development including a percentage of private, federal, and public support; |
8 | (JI) A reporting of unit types by number of bedrooms for rental properties including an |
9 | accounting of all: |
10 | (I) Single-family units; |
11 | (II) Accessory dwelling units; |
12 | (III) Two-family (2) units; |
13 | (IV) Three-family (3) units; |
14 | (V) Multi-unit sufficiently delineated units; |
15 | (VI) Mixed use sufficiently delineated units; and |
16 | (VII) Occupancy and vacancy rates for the prior three (3) years; |
17 | (KJ) A reporting of unit types by ownership including an accounting of all: |
18 | (I) Single-family units; |
19 | (II) Accessory dwelling units; |
20 | (III) Two-family (2) units; |
21 | (IV) Three-family (3) units; |
22 | (V) Multi-unit sufficiently delineated units; |
23 | (VI) Mixed use sufficiently delineated units; and |
24 | (VII) Occupancy and vacancy rates for the prior three (3) years; |
25 | (LK) A reporting of the number of applications submitted or filed for each community |
26 | according to unit type and an accounting of action taken with respect to each application to include, |
27 | approved, denied, appealed, approved upon appeal, and if approved, the justification for each |
28 | appeal approval; |
29 | (ML) A reporting of permits for each community according to affordability level that were |
30 | sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for |
31 | each approval; |
32 | (NM) A reporting of affordability by municipality that shall include the following: |
33 | (I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair- |
34 | market rate, and above moderate-income market-rate units; including the average and median costs |
| LC004143 - Page 123 of 226 |
1 | of those units; |
2 | (II) The percent and number of units of extremely low-, very low-, low-, and moderate- |
3 | income housing units by municipality required to satisfy the ten percent (10%) requirement |
4 | pursuant to chapter 24 of title 45; including the average and median costs of those units; |
5 | (III) The percent and number of units for the affordability levels above moderate-income |
6 | housing, including a comparison to fair-market rent and fair-market homeownership; including the |
7 | average and median costs of those units; |
8 | (IV) The percentage of cost burden by municipality with population equivalent; |
9 | (V) The percentage and number of home financing sources, including all private, federal, |
10 | state, or other public support; and |
11 | (VI) The disparities in mortgage loan financing by race and ethnicity based on Home |
12 | Mortgage Disclosure Act data by available geographies; |
13 | (VII) The annual median gross rent cost growth for each of the previous five (5) years by |
14 | unit type at each affordability level, by unit type municipality; and |
15 | (VIII) The annual growth in median owner-occupied home values for each of the previous |
16 | five (5) years by municipality; |
17 | (ON) A reporting of municipal healthy housing stock by unit type and number of bedrooms |
18 | and providing an assessment of the state’s existing housing stock and enumerating any risks to the |
19 | public health from that housing stock, including, but not limited to: the presence of lead, mold, safe |
20 | drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable |
21 | health detriment. Additionally, the report shall provide the percentage of the prevalence of health |
22 | risks by age of the stock for each community by unit type and number of bedrooms; and |
23 | (PO) A recommendation shall be included with the report required under this section that |
24 | shall provide consideration to any and all populations, ethnicities, income levels, and other relevant |
25 | demographic criteria determined by the secretary, and with regard to any and all of the criteria |
26 | enumerated elsewhere in the report separately or in combination, provide recommendations to |
27 | resolve any issues that provide an impediment to the development of housing, including specific |
28 | data and evidence in support of the recommendation. All data and methodologies used to present |
29 | evidence are subject to review and approval of the chief of revenue analysis, and that approval shall |
30 | include an attestation of approval by the chief to be included in the report; |
31 | (P) Municipal governments shall provide the Department of Housing’s requested data |
32 | relevant to this report on or before February 15, 2025 and annually thereafter. |
33 | (v) Have direct oversight over the office of housing and community development (OHCD) |
34 | and shall be responsible for coordinating with the secretary of commerce a shared staffing |
| LC004143 - Page 124 of 226 |
1 | arrangement until June 30, 2023, to carry out the provisions of this chapter; |
2 | (vi) On or before November 1, 2022, develop a housing organizational plan to be provided |
3 | to the general assembly that includes a review, analysis, and assessment of functions related to |
4 | housing of all state departments, quasi-public agencies, boards, and commissions. Provided, |
5 | further, the secretary, with the input from each department, agency, board, and commission, shall |
6 | include in the plan comprehensive options, including the advantages and disadvantages of each |
7 | option and recommendations relating to the functions and structure of the new department of |
8 | housing. |
9 | (vii) Establish rules and regulations as set forth in § 45-24-77. |
10 | (b) In this capacity, the office shall: |
11 | (1) Lead or assist state departments and coordinate business permitting processes in order |
12 | to: |
13 | (i) Improve the economy, efficiency, coordination, and quality of the business climate in |
14 | the state; |
15 | (ii) Design strategies and implement best practices that foster economic development and |
16 | growth of the state’s economy; |
17 | (iii) Maximize and leverage funds from all available public and private sources, including |
18 | federal financial participation, grants, and awards; |
19 | (iv) Increase public confidence by conducting customer centric operations whereby |
20 | commercial enterprises are supported and provided programs and services that will grow and |
21 | nurture the Rhode Island economy; and |
22 | (v) Be the state’s lead agency for economic development. |
23 | (c) The office shall include the office of regulatory reform and other administration |
24 | functions that promote, enhance, or regulate various service and functions in order to promote the |
25 | reform and improvement of the regulatory function of the state. |
26 | SECTION 28. Sections 42-72.8-2, 42-72.8-2.1, 42-72.8-3 and 42-72.8-4 of the General |
27 | Laws in Chapter 42-72.8 entitled “Department of Children, Youth and Families Higher Education |
28 | Incentive Grant” are hereby amended to read as follows: |
29 | 42-72.8-2. Administration of program. |
30 | (a) Each year the The department annually shall notify, identify and recommend from |
31 | among outreach to those youth in its legal custody, or who were in the Department’s legal custody |
32 | on their eighteenth (18th) birthday, beginning at age fourteen (14) and until the youth exits care, |
33 | who may satisfy the eligibility requirements prescribed in 42-72.8-2.1 those students who may be |
34 | eligible to apply for a for the Higher Education Opportunity Incentive Grant. The department of |
| LC004143 - Page 125 of 226 |
1 | elementary and secondary education shall afford all appropriate assistance to the department in the |
2 | identification of youth who may be eligible for such grants. Each selected qualified applicant will |
3 | receive grants a grant, to the extent of available funding, to supplement federal, state, private and |
4 | institutional scholarships, grants and loans work-study opportunities awarded to the higher |
5 | education institution for the applicant in an amount not to exceed the full cost of attendance, |
6 | including but not limited to: tuition, fees, and room and board charges books, academic support, |
7 | transportation, food and housing: The department shall request from the higher education institution |
8 | the qualified applicant’s unmet need calculated in accordance with federal and state laws and the |
9 | institution’s policies. For the Workforce Development Incentive Grant, each qualified applicant |
10 | shall receive a grant, to the extent of available funding, in an amount not to exceed the full cost of |
11 | attendance, including but not limited to: training, fees, books, transportation, food, and housing |
12 | calculated by the department, in collaboration with the Community College of Rhode Island. |
13 | Payments pursuant to this chapter shall be disbursed in accordance with the requirements of the |
14 | higher education institution. |
15 | (b) A grant period shall be limited to two (2) years of full-time study at the Community |
16 | College of Rhode Island, four (4) years of full-time study at Rhode Island College, and the |
17 | University of Rhode Island, and in no instance shall the grant period exceed a period of four (4) |
18 | years. Grant recipients shall be enrolled full-time and shall continue to make satisfactory progress |
19 | toward an academic certificate or degree as determined by the school in which they are enrolled; |
20 | (c) The department shall make recommendations for grant awards from among those youth |
21 | who: |
22 | (1) Have not yet reached the age of eighteen (18) on the day of recommendation, are in |
23 | the legal custody of the department on the day of recommendation and have remained in such |
24 | custody for at least twenty-four (24) months prior to the day of recommendation; or, for former |
25 | foster care, have reached the age of eighteen (18) prior to the date of recommendation, have not yet |
26 | reached the age of twenty-one (21) and were in the custody of the department from their sixteenth |
27 | (16th) to their eighteenth (18th) birthdays; and |
28 | (2) Have graduated from high school or received the equivalent of a high school diploma |
29 | not more than one year prior to the date of recommendation; and |
30 | (3) Has not reached his/her twenty-first (21st) birthday; except that youth who are |
31 | participating in this program on the date before his/her twenty-first (21st) birthday may remain |
32 | eligible until his/her twenty-third (23rd) birthday, as long as he/she continues to be considered a |
33 | full-time student by Community College of Rhode Island, Rhode Island College or University of |
34 | Rhode Island, and is making satisfactory progress, as determined by the school in which he/she is |
| LC004143 - Page 126 of 226 |
1 | enrolled, toward completion of his/her degree program. |
2 | 42-72.8-2.1. Eligibility. |
3 | (a) To be eligible for a Higher Education Opportunity Incentive Grant, a youth: |
4 | (1) Must have been in foster care in Rhode Island through the department for at least six |
5 | (6) months on or after their fourteenth birthday. The six (6) months can be non-consecutive periods |
6 | of foster care placement or participation in the voluntary extension of care pursuant to §14-1-6; |
7 | (2) Must be no older than twenty-three (23) years of age prior to June 30 of the application |
8 | year; |
9 | (3) Must have graduated from high school or received a high school equivalency diploma; |
10 | (4) Must be admitted to, and must enroll, attend, and make satisfactory progress towards |
11 | the completion of a degreed program of study at the Community College of Rhode Island, Rhode |
12 | Island College or the University of Rhode Island on a full-time or part-time basis enrolled in no |
13 | less than six (6) credits per semester; and |
14 | (5) Must complete the FAFSA and any required FAFSA verification, or for persons who |
15 | are legally unable to complete the FAFSA, must complete a comparable form created by the |
16 | institution by the applicable deadline for each year in which the student seeks to receive funding |
17 | under the aforesaid incentive grant; |
18 | (b) To be eligible for a Workforce Development Incentive Grant, a youth: |
19 | (1) Must have been in foster care in Rhode Island through the department for at least six |
20 | (6) months on or after their fourteenth birthday. The six (6) months can be non-consecutive periods |
21 | of foster care placement or participation in the voluntary extension of care pursuant to §14-1-6; |
22 | (2) Must be no older than twenty-three (23) years of age prior to June 30 of the application |
23 | year; |
24 | (3) Must have graduated from high school or received a high school equivalency diploma; |
25 | and |
26 | (4) Must be enrolled and attend a workforce development program at the community |
27 | college of Rhode Island approved by the commissioner of postsecondary education; |
28 | (c) Youth shall only be eligible for one of the incentive grants per academic year. |
29 | (d) Youth who meet the eligibility requirements in subsection (a) or (b) and who are |
30 | adopted or placed in guardianship through the department after their sixteenth (16) birthday are |
31 | eligible to receive the incentive grant. |
32 | 42-72.8-3. Selection of grant recipients. |
33 | (a) There shall be a grant award selection committee which shall consist of a representative |
34 | from each of the institutions of higher education appointed by their respective presidents, two (2) |
| LC004143 - Page 127 of 226 |
1 | representatives from the department of children, youth and families appointed by the director, one |
2 | representative from the department of elementary and secondary education appointed by the |
3 | commissioner, and one representative from the office of higher education appointed by the |
4 | commissioner and representatives of other organizations that the director of department of children, |
5 | youth and families believes can help further the goals of the program. Grant awards shall be made |
6 | by the department pursuant to its policies, procedures, rules and regulations. |
7 | (b) Grant awards shall be made on the basis of scholastic record, aptitude, financial need |
8 | and general interest in higher education. Recipients must comply with all application deadlines and |
9 | criteria for admission to the institution to which the recipient is making application and, further, |
10 | the recipient must have been granted admission by the admissions office of the institution. |
11 | Cumulative grant awards shall not exceed available appropriations in any fiscal year. The |
12 | department shall adopt policies, procedures, rules and or regulations, which are reasonably |
13 | necessary to implement the provisions of this chapter. |
14 | 42-72.8-4. Appropriation. |
15 | The general assembly shall appropriate no less than the sum of $ 50,000 for the fiscal year |
16 | ending June 30, 2000; $ 100,000 for the fiscal year ending June 30, 2001; $ 150,000 for the fiscal |
17 | year ending June 30, 2002; and $ 200,000 annually. for the fiscal year ending June 30, 2003 and |
18 | thereafter. No later than September 1, 2024 and annually thereafter, the department shall provide |
19 | an annual report to the governor, the speaker of the house of representatives and the president of |
20 | the senate regarding the funds distributed pursuant to this chapter. The report shall include: |
21 | (a) the total number of applicants in relation to the total number of grants authorized by |
22 | the department by school and approved workforce development program; |
23 | (b) the average unmet need for each grant recipient by each school and approved workforce |
24 | development program; |
25 | (c) the average award amount by grant program; and |
26 | (d) the total amount of funding distributed to each grant program. |
27 | The department annually shall present the report and an update regarding the Higher Education |
28 | Opportunity Incentive Grant and Workforce Development Incentive Grant to the youth advisory |
29 | board and key partners. |
30 | SECTION 29. All sections in this Article shall take effect upon passage, except Section 18, |
31 | which shall take effect July 1, 2024. |
| LC004143 - Page 128 of 226 |
1 | ARTICLE 4 |
2 | RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS |
3 | SECTION 1. This article shall serve as joint resolution required pursuant to Rhode Island |
4 | Laws 35-18-1, et seq. |
5 | SECTION 2. University of Rhode Island – Utility Infrastructure Upgrade Phase III. |
6 | WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode |
7 | Island (“University”) are proposing a project which involves the engineering and construction of |
8 | upgrades and component replacements to five (5) municipal-level Kingston Campus utility |
9 | systems; |
10 | WHEREAS, the University has engaged qualified engineering firms to examine its major |
11 | infrastructure systems; |
12 | WHEREAS, based on the condition and capabilities of these systems, the studies have |
13 | concluded that replacement of components and reconfiguration is advisable for each of these |
14 | extensive systems to ensure necessary steam, water, sanitary, and electrical support for the |
15 | University’s campuses for the next twenty (20) to forty (40) years; |
16 | WHEREAS, the University has also developed the required Stormwater Management Plan |
17 | for the Kingston Campus, which provides guidelines that are being incorporated into new building |
18 | projects under development and are driving stand-alone stormwater infrastructure projects as well; |
19 | WHEREAS, the University has successfully completed many extremely important |
20 | individual utility infrastructure projects in its continuing progression of work to upgrade and |
21 | replace infrastructure systems, but now needs additional investments beyond annual capital |
22 | resources; |
23 | WHEREAS, this project is the third phase in a phased implementation plan to upgrade and |
24 | improve the reliability of infrastructure on the University’s campuses; |
25 | WHEREAS, the total project cost associated with the completion of this phase of the |
26 | project and proposed financing method is nine million one hundred ninety-one thousand two |
27 | hundred fifty dollars ($9,191,250), including cost of issuance, debt service payments would be |
28 | supported by revenues derived from the University’s unrestricted general revenues, and total debt |
29 | service on the bonds is not expected to exceed eight hundred five thousand dollars ($805,000) |
30 | annually and sixteen million one hundred thousand dollars ($16,100,000) in the aggregate based |
31 | on an average interest rate of six (6%) percent and a twenty (20) year term; now, therefore be it |
32 | RESOLVED, that this General Assembly hereby approves financing in an amount not to |
33 | exceed nine million one hundred ninety-one thousand two hundred fifty dollars ($9,191,250) for |
34 | the Utility Infrastructure Upgrade Phase III project at the University; and be it further |
| LC004143 - Page 129 of 226 |
1 | RESOLVED, that, this Joint Resolution shall take effect upon passage by this General |
2 | Assembly. |
3 | SECTION 2. This article shall take effect upon passage. |
| LC004143 - Page 130 of 226 |
1 | ARTICLE 5 |
2 | RELATING TO CAPITAL DEVELOPMENT PROGRAM |
3 | SECTION 1. Proposition to be submitted to the people. -- At the general election to be |
4 | held on the Tuesday next after the first Monday in November 2024, there shall be submitted to the |
5 | people (“People”) of the State of Rhode Island (“State”), for their approval or rejection, the |
6 | following proposition: |
7 | "Shall the action of the general assembly, by an act passed at the January 2024 session, |
8 | authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode |
9 | Island for the capital projects and in the amount with respect to each such project listed below be |
10 | approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in |
11 | accordance with the provisions of said act?" |
12 | Project |
13 | (1) Higher Education Facilities $135,000,000 |
14 | Approval of this question will allow the State of Rhode Island to issue general obligation |
15 | bonds, refunding bonds, and/or temporary notes in an amount not to exceed one hundred and thirty- |
16 | five million dollars ($135,000,000) for capital improvements to higher education facilities, to be |
17 | allocated as follows: |
18 | (a) University of Rhode Island Biomedical Sciences Building |
19 | $80,000,000 |
20 | Provides eighty million dollars ($80,000,000) for the construction of a biomedical sciences |
21 | building to accelerate the education, research, and workforce development of life sciences for the |
22 | state. |
23 | (b) Rhode Island College Cybersecurity Building |
24 | $55,000,000 |
25 | Provides fifty-five million dollars ($55,000,000) to fund the renovation of Whipple Hall |
26 | and other improvements to support the Institute for Cybersecurity & Emerging Technologies. |
27 | (2) State Archives and History Center |
28 | $60,000,000 |
29 | Approval of this question will allow the State of Rhode Island to issue general obligation |
30 | bonds, refunding bonds, and/or temporary notes in an amount not to exceed sixty million dollars |
31 | ($60,000,000) for the construction of a new Rhode Island State Archives and History Center. |
32 | (3) Housing and Community Opportunity |
33 | $100,000,000 |
34 | Approval of this question will allow the State of Rhode Island to issue general obligation |
| LC004143 - Page 131 of 226 |
1 | bonds, refunding bonds, and/or temporary notes in an amount not to exceed one hundred million |
2 | dollars ($100,000,000) to increase affordable and middle-income housing production and |
3 | infrastructure, support community revitalization, and promote home ownership. |
4 | (4) Green Economy Bonds |
5 | $50,000,000 |
6 | Approval of this question will allow the State of Rhode Island to issue general obligation |
7 | bonds, refunding bonds, and/or temporary notes in an amount not to exceed fifty million dollars |
8 | ($50,000,000) for environmental and recreational purposes, to be allocated as follows: |
9 | (a) Port of Davisville Infrastructure at Quonset |
10 | $20,000,000 |
11 | Provides twenty million dollars ($20,000,000) for infrastructure projects that will support |
12 | the continued growth and modernization at the Port of Davisville. This investment will finance the |
13 | Port master plan. The work will include new port access roads, laydown area improvements, and |
14 | security upgrades to support the new Terminal Five Pier. These projects will upgrade World War |
15 | II-era infrastructure and position Davisville to accommodate offshore wind project cargo and |
16 | logistics staging while continuing to support the Port's existing businesses. |
17 | (b) Climate Resiliency and Public Access Projects |
18 | $2,000,000 |
19 | Provides two million dollars ($2,000,000) for up to seventy-five percent (75%) matching |
20 | grants to public and non-profit entities for restoring and/or improving resiliency of vulnerable |
21 | coastal habitats and restoring rivers and stream floodplains. These funds are expected to leverage |
22 | significant matching funds to support local programs to improve community resiliency and public |
23 | safety in the face of increased flooding, major storm events, and environmental degradation. |
24 | (c) Brownfields Remediation and Economic Development |
25 | $5,000,000 |
26 | Provides five million dollars ($5,000,000) for up to eighty percent (80%) matching grants |
27 | to public, private, and/or non-profit entities for brownfield remediation projects. |
28 | (d) Local Recreation Projects |
29 | $5,000,000 |
30 | Provides five million dollars ($5,000,000) for up to eighty percent (80%) matching grants |
31 | for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the |
32 | growing needs for active outdoor recreational facilities. |
33 | (e) Municipal Resiliency |
34 | $10,000,000 |
| LC004143 - Page 132 of 226 |
1 | Provides ten million dollars ($10,000,000) to provide financial assistance to municipalities |
2 | for restoring and/or improving resiliency of infrastructure, vulnerable coastal habitats, and restoring |
3 | rivers and stream floodplains. These funds will be prioritized to leverage significant matching funds |
4 | to support local programs to improve community resiliency and public safety in the face of |
5 | increased flooding, major storm events, and environmental degradation. |
6 | (f) Newport Cliff Walk |
7 | $8,000,000 |
8 | Provides eight million dollars ($8,000,000) for restoring and improving the resiliency of |
9 | the historic statewide tourism infrastructure of the public access walkway known as the Newport |
10 | Cliff Walk located in Newport, Rhode Island. |
11 | SECTION 2. Ballot labels and applicability of general election laws. -- The Secretary |
12 | of State shall prepare and deliver to the State Board of Elections ballot labels for each of the projects |
13 | provided for in Section 1 hereof with the designations "approve" or "reject" provided next to the |
14 | description of each such project to enable voters to approve or reject each such proposition. The |
15 | general election laws, so far as consistent herewith, shall apply to this proposition. |
16 | SECTION 3. Approval of projects by the people. -- If a majority of the People voting on |
17 | the proposition in Section 1 hereof shall vote to approve any project stated therein, said project |
18 | shall be deemed to be approved by the People. The authority to issue bonds, refunding bonds and/or |
19 | temporary notes of the State shall be limited to the aggregate amount for all such projects as set |
20 | forth in the proposition, which has been approved by the People. |
21 | SECTION 4. Bonds for the capital development program. -- The General Treasurer is |
22 | hereby authorized and empowered, with the approval of the Governor, and in accordance with the |
23 | provisions of this Act to issue capital development bonds in serial form, in the name of and on |
24 | behalf of the State of Rhode Island, in amounts as may be specified by the Governor in an aggregate |
25 | principal amount not to exceed the total amount for all projects approved by the People and |
26 | designated as "capital development loan of 2024 bonds." Provided, however, that the aggregate |
27 | principal amount of such capital development bonds and of any temporary notes outstanding at any |
28 | one time issued in anticipation thereof pursuant to Section 7 hereof shall not exceed the total amount |
29 | for all such projects approved by the People. All provisions in this Act relating to "bonds" shall |
30 | also be deemed to apply to "refunding bonds." |
31 | Capital development bonds issued under this Act shall be in denominations of one thousand |
32 | dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the |
33 | United States which at the time of payment shall be legal tender for public and private debts. These |
34 | capital development bonds shall bear such date or dates, mature at specified time or times, but not |
| LC004143 - Page 133 of 226 |
1 | mature beyond the end of the twentieth (20th) State fiscal year following the fiscal year in which |
2 | they are issued; bear interest payable semi-annually at a specified rate or different or varying rates: |
3 | be payable at designated time or times at specified place or places; be subject to express terms of |
4 | redemption or recall, with or without premium; be in a form, with or without interest coupons |
5 | attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration |
6 | and other provisions as may be fixed by the General Treasurer, with the approval by the Governor, |
7 | upon each issue of such capital development bonds at the time of each issue. Whenever the |
8 | Governor shall approve the issuance of such capital development bonds, the Governor’s approval |
9 | shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and |
10 | countersigned by Secretary of State and shall bear the seal of the State. The signature approval of |
11 | the Governor shall be endorsed on each bond. |
12 | SECTION 5. Refunding bonds for the 2024 capital development program. -- The |
13 | General Treasurer is hereby authorized and empowered, with the approval of the Governor, and in |
14 | accordance with the provisions of this Act, to issue bonds to refund the 2024 capital development |
15 | program bonds, in the name of and on behalf of the state, in amounts as may be specified by the |
16 | Governor in an aggregate principal amount not to exceed the total amount approved by the People, |
17 | to be designated as "capital development program loan of 2024 refunding bonds" (hereinafter |
18 | "Refunding Bonds"). |
19 | The General Treasurer with the approval of the Governor shall fix the terms and form of |
20 | any Refunding Bonds issued under this Act in the same manner as the capital development bonds |
21 | issued under this Act, except that the Refunding Bonds may not mature more than twenty (20) years |
22 | from the date of original issue of the capital development bonds being refunded. |
23 | The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and |
24 | net the underwriters’ cost, and cost of bond issuance, shall, upon their receipt, be paid by the |
25 | General Treasurer immediately to the paying agent for the capital development bonds which are to |
26 | be called and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they |
27 | are applied to prepay the capital development bonds. While such proceeds are held in trust, the |
28 | proceeds may be invested for the benefit of the State in obligations of the United States of America |
29 | or the State of Rhode Island. |
30 | If the General Treasurer shall deposit with the paying agent for the capital development |
31 | bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when |
32 | invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all |
33 | principal, interest, and premium, if any, on the capital development bonds until these bonds are |
34 | called for prepayment, then such capital development bonds shall not be considered debts of the |
| LC004143 - Page 134 of 226 |
1 | State of Rhode Island for any purpose starting from the date of deposit of such moneys with the |
2 | paying agent. The Refunding Bonds shall continue to be a debt of the State until paid. |
3 | The term "bond" shall include "note," and the term "refunding bonds" shall include |
4 | "refunding notes" when used in this Act. |
5 | SECTION 6. Proceeds of the capital development program. -- The General Treasurer is |
6 | directed to deposit the proceeds from the sale of capital development bonds issued under this Act, |
7 | exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond |
8 | issuance, in one or more of the depositories in which the funds of the State may be lawfully kept in |
9 | special accounts (hereinafter cumulatively referred to as "such capital development bond fund") |
10 | appropriately designated for each of the projects set forth in Section 1 hereof which shall have been |
11 | approved by the People to be used for the purpose of paying the cost of all such projects so |
12 | approved. |
13 | All monies in the capital development bond fund shall be expended for the purposes |
14 | specified in the proposition provided for in Section 1 hereof under the direction and supervision of |
15 | the Director of Administration (hereinafter referred to as "Director"). The Director or his or her |
16 | designee shall be vested with all power and authority necessary or incidental to the purposes of this |
17 | Act, including but not limited to, the following authority: (a) to acquire land or other real property |
18 | or any interest, estate or right therein as may be necessary or advantageous to accomplish the |
19 | purposes of this Act; (b) to direct payment for the preparation of any reports, plans and |
20 | specifications, and relocation expenses and other costs such as for furnishings, equipment |
21 | designing, inspecting and engineering, required in connection with the implementation of any |
22 | projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction, |
23 | rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other |
24 | improvements to land in connection with the implementation of any projects set forth in Section 1 |
25 | hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor |
26 | for repair, renovation or conversion of systems and structures as necessary for the 2024 capital |
27 | development program bonds or notes hereunder from the proceeds thereof. No funds shall be |
28 | expended in excess of the amount of the capital development bond fund designated for each project |
29 | authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section |
30 | 1, the proceeds shall be used for the following purposes: |
31 | Question 1, relating to bonds in the amount of one hundred and thirty-five million dollars |
32 | ($135,000,000) to provide funding for higher education facilities to be allocated as follows: |
33 | (b) University of Rhode Island Biomedical Sciences Building |
34 | $80,000,000 |
| LC004143 - Page 135 of 226 |
1 | Provides eighty million dollars ($80,000,000) for the construction of a biomedical sciences |
2 | building to accelerate the education, research, and workforce development of life sciences for the |
3 | state. |
4 | (b) Rhode Island College Cybersecurity Building |
5 | $55,000,000 |
6 | Provides fifty-five million dollars ($55,000,000) to fund the renovation of Whipple Hall |
7 | and other improvements to support the Institute for Cybersecurity & Emerging Technologies. |
8 | Question 2, relating to bonds in the amount of sixty million dollars ($60,000,000) for the |
9 | construction of a new Rhode Island State Archives and History Center. |
10 | Question 3, relating to bonds in the amount of one hundred million dollars ($100,000,000) |
11 | to increase affordable and middle-income housing production and infrastructure, support |
12 | community revitalization, and promote home ownership. |
13 | Question 4, relating to bonds in the amount of fifty million dollars ($50,000,000) for |
14 | environmental and recreational purposes, to be allocated as follows: |
15 | (a) Port of Davisville Infrastructure at Quonset |
16 | $20,000,000 |
17 | Provides twenty million dollars ($20,000,000) for infrastructure projects that will support |
18 | the continued growth and modernization at the Port of Davisville. This investment will finance the |
19 | Port master plan. The work will include new port access roads, laydown area improvements, and |
20 | security upgrades to support the new Terminal Five Pier. These projects will upgrade World War |
21 | II-era infrastructure and position Davisville to accommodate offshore wind project cargo and |
22 | logistics staging while continuing to support the Port's existing businesses. |
23 | (b) Climate Resiliency and Public Access Projects |
24 | $2,000,000 |
25 | Provides two million dollars ($2,000,000) for up to seventy-five percent (75%) matching |
26 | grants to public and non-profit entities for restoring and/or improving resiliency of vulnerable |
27 | coastal habitats and restoring rivers and stream floodplains. These funds are expected to leverage |
28 | significant matching funds to support local programs to improve community resiliency and public |
29 | safety in the face of increased flooding, major storm events, and environmental degradation. |
30 | (c) Brownfields Remediation and Economic Development |
31 | $5,000,000 |
32 | Provides five million dollars ($5,000,000) for up to eighty percent (80%) matching grants |
33 | to public, private, and/or non-profit entities for brownfield remediation projects. |
34 | (d) Local Recreation Projects |
| LC004143 - Page 136 of 226 |
1 | $5,000,000 |
2 | Provides five million dollars ($5,000,000) for up to eighty percent (80%) matching grants |
3 | for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the |
4 | growing needs for active outdoor recreational facilities. |
5 | (e) Municipal Resiliency |
6 | $10,000,000 |
7 | Provides ten million dollars ($10,000,000) to provide financial assistance to municipalities |
8 | for restoring and/or improving resiliency of infrastructure, vulnerable coastal habitats, and restoring |
9 | rivers and stream floodplains. These funds will be prioritized to leverage significant matching funds |
10 | to support local programs to improve community resiliency and public safety in the face of |
11 | increased flooding, major storm events, and environmental degradation. |
12 | (f) Newport Cliff Walk |
13 | $8,000,000 |
14 | Provides eight million dollars ($8,000,000) for restoring and improving the resiliency of |
15 | the historic statewide tourism infrastructure of the public access walkway known as the Newport |
16 | Cliff Walk located in Newport, Rhode Island. |
17 | SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority |
18 | of this Act shall be sold at not less than the principal amount thereof, in such mode and on such |
19 | terms and conditions as the General Treasurer, with the approval of the Governor, shall deem to be |
20 | in the best interests of the State. |
21 | Any premiums and accrued interest, net of the cost of bond issuance and underwriter’s |
22 | discount, which may be received on the sale of the capital development bonds or notes shall become |
23 | part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or regulation |
24 | to be used for some other purpose. |
25 | In the event that the amount received from the sale of the capital development bonds or |
26 | notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be |
27 | used to the extent possible to retire the bonds as the same may become due, to redeem them in |
28 | accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the |
29 | approval of the Governor, shall deem to be in the best interests of the state. |
30 | Any bonds or notes issued under the provisions of this Act and coupons on any capital |
31 | development bonds, if properly executed by the manual or electronic signatures of officers of the |
32 | State in office on the date of execution, shall be valid and binding according to their tenor, |
33 | notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall |
34 | for any reason have ceased to hold office. |
| LC004143 - Page 137 of 226 |
1 | SECTION 8. Bonds and notes to be tax exempt and general obligations of the State. - |
2 | - All bonds and notes issued under the authority of this Act shall be exempt from taxation in the |
3 | State and shall be general obligations of the State, and the full faith and credit of the State is hereby |
4 | pledged for the due payment of the principal and interest on each of such bonds and notes as the |
5 | same shall become due. |
6 | SECTION 9. Investment of moneys in fund. -- All moneys in the capital development |
7 | fund not immediately required for payment pursuant to the provisions of this act may be invested |
8 | by the investment commission, as established by Chapter 10 of Title 35, entitled “State Investment |
9 | Commission,” pursuant to the provisions of such chapter; provided, however, that the securities in |
10 | which the capital development fund is invested shall remain a part of the capital development fund |
11 | until exchanged for other securities; and provided further, that the income from investments of the |
12 | capital development fund shall become a part of the general fund of the State and shall be applied |
13 | to the payment of debt service charges of the State, unless directed by federal law or regulation to |
14 | be used for some other purpose, or to the extent necessary, to rebate to the United States treasury |
15 | any income from investments (including gains from the disposition of investments) of proceeds of |
16 | bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on |
17 | such bonds or notes from federal income taxation. |
18 | SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not |
19 | otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and |
20 | notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise |
21 | appropriated. |
22 | SECTION 11. Advances from general fund. -- The General Treasurer is authorized, with |
23 | the approval of the Director and the Governor, in anticipation of the issue of notes or bonds under |
24 | the authority of this Act, to advance to the capital development bond fund for the purposes specified |
25 | in Section 6 hereof, any funds of the State not specifically held for any particular purpose; provided, |
26 | however, that all advances made to the capital development bond fund shall be returned to the |
27 | general fund from the capital development bond fund forthwith upon the receipt by the capital |
28 | development fund of proceeds resulting from the issue of notes or bonds to the extent of such |
29 | advances. |
30 | SECTION 12. Federal assistance and private funds. -- In carrying out this act, the |
31 | Director, or his or her designee, is authorized on behalf of the State, with the approval of the |
32 | Governor, to apply for and accept any federal assistance which may become available for the |
33 | purpose of this Act, whether in the form of loan or grant or otherwise, to accept the provision of |
34 | any federal legislation therefor, to enter into, act and carry out contracts in connection therewith, |
| LC004143 - Page 138 of 226 |
1 | to act as agent for the federal government in connection therewith, or to designate a subordinate so |
2 | to act. Where federal assistance is made available, the project shall be carried out in accordance |
3 | with applicable federal law, the rules and regulations thereunder and the contract or contracts |
4 | providing for federal assistance, notwithstanding any contrary provisions of State law. Subject to |
5 | the foregoing, any federal funds received for the purposes of this Act shall be deposited in the |
6 | capital development bond fund and expended as a part thereof. The Director or his or her designee |
7 | may also utilize any private funds that may be made available for the purposes of this Act. |
8 | SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, 12 and this Section 13 of this article |
9 | shall take effect upon passage. The remaining sections of this article shall take effect when and if |
10 | the State Board of Elections shall certify to the Secretary of State that a majority of the qualified |
11 | electors voting on the proposition contained in Section 1 hereof have indicated their approval of all |
12 | or any projects thereunder. |
| LC004143 - Page 139 of 226 |
1 | ARTICLE 6 |
2 | RELATING TO TAXES AND FEES |
3 | SECTION 1. Chapter 3-6 of the General Laws entitled “Manufacturing and Wholesale |
4 | Licenses” is hereby amended by adding thereto the following section: |
5 | 3-6-18. License fee relief. |
6 | If the holder of a manufacturer’s license obtains a rectifier’s license or another type of |
7 | manufacturer’s license for further operations at the same premises, the department will waive the |
8 | license fee for the additional license. |
9 | SECTION 2. Section 5-20.5-11 of the General Laws in Chapter 5-20.5 entitled “Real Estate |
10 | Brokers and Salespersons” is hereby amended to read as follows: |
11 | 5-20.5-11. Fees and license renewals. |
12 | (a) The following fees shall be charged by the director: |
13 | (1) For each application, a fee of ten dollars ($10.00); |
14 | (2) For each examination, a fee, the cost of which is limited to the charge as designated by |
15 | the |
16 | appropriate testing service’s contract with the department of business regulation; |
17 | (3) For each original broker’s license issued, a fee of eighty-five dollars ($85.00) per |
18 | annum for the term of the license and for each annual renewal of the license, a fee of eighty-five |
19 | dollars ($85.00) per annum for the term of renewal. The total fees for the term of initial licensure |
20 | and of renewal must be paid at the time of application for the license; |
21 | (4) For each original salesperson’s license issued, a fee of sixty-five dollars ($65.00) per |
22 | annum for the term of the license and for each renewal of the license, a fee of sixty-five dollars |
23 | ($65.00) per annum for the term of the license. The total fees for the term of initial licensure and |
24 | of renewal must be paid at the time of application for the license; |
25 | (5) For each change from one broker to another broker by a salesperson, or a broker, a fee |
26 | of twenty-five dollars ($25.00), to be paid by the salesperson or the broker; |
27 | (65) For each broker’s license reinstated after its expiration date, a late fee of one hundred |
28 | dollars ($100), in addition to the required renewal fee; |
29 | (76) For each salesperson’s license reinstated after its expiration date, a late fee of one |
30 | hundred dollars ($100) in addition to the required renewal fee. |
31 | (b) Every licensed real estate broker and salesperson who desires to renew a license for the |
32 | succeeding year term shall apply for the renewal of the license upon a form furnished by the director |
33 | and containing information that is required by the director. Any renewal of a license is subject to |
34 | the same provisions covering issuance, suspension, and revocation of any license originally issued. |
| LC004143 - Page 140 of 226 |
1 | At no time shall any license be renewed without examination if the license has expired beyond a |
2 | period of |
3 | one year. |
4 | SECTION 3. Sections 11-9-13.4, 11-9-13.13, 11-9-13.15, and 11-9-13.20 of the General |
5 | Laws in Chapter 11-9 entitled "Children" are hereby amended to read as follows: |
6 | 11-9-13.4. Definitions. |
7 | As used in this chapter: |
8 | (1) “Bidi cigarette” means any product that (i) Contains tobacco that is wrapped in |
9 | temburni or tender leaf, or that is wrapped in any other material identified by rules of the department |
10 | of health that is similar in appearance or characteristics to the temburni or tender leaf, and (ii) Does |
11 | not contain a smoke filtering device. |
12 | (2) “Court” means any appropriate district court of the state of Rhode Island. |
13 | (3) “Dealer” is synonymous with the term “retail tobacco products dealer.” |
14 | (4) “Department of behavioral healthcare, developmental disabilities and hospitals” means |
15 | the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals |
16 | department, its employees, agents, or assigns. |
17 | (5) “Department of taxation” means the state of Rhode Island taxation division, its |
18 | employees, agents, or assigns. |
19 | (6) “Electronic nicotine-delivery system” means an electronic device that may be used to |
20 | simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, |
21 | and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, |
22 | electronic little cigars, electronic pipe, or electronic hookah, “heat not burn products,” e-liquids, e- |
23 | liquid products, or any related device and any cartridge or other component of such device. |
24 | (7) “Electronic nicotine-delivery system product” means any combination of electronic |
25 | nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid |
26 | container. Electronic nicotine-delivery system products shall not include hemp-derived consumable |
27 | cannabidiol (CBD) products as defined in § 2-26-3. |
28 | (8) “E-liquid” and “e-liquid products” means any liquid or substance placed in or sold for |
29 | use in an electronic nicotine-delivery system that generally utilizes a heating element that |
30 | aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine |
31 | derivative: |
32 | (i) Whether the liquid or substance contains nicotine or a nicotine derivative; or |
33 | (ii) Whether sold separately or sold in combination with a personal vaporizer, electronic |
34 | nicotine-delivery system, or an electronic inhaler. |
| LC004143 - Page 141 of 226 |
1 | (9) “License” is synonymous with the term “retail tobacco products dealer license” or |
2 | “electronic nicotine-delivery system license” or any license issued under chapter 20 of title 44 or |
3 | chapter 1 of title 23. |
4 | (10) “License holder” is synonymous with the term “retail tobacco products dealer” or |
5 | “electronic nicotine-delivery system license” or any licenses issued under chapter 20 of title 44 or |
6 | chapter 1 of title 23. |
7 | (11) “Little cigars” means and includes any roll, made wholly or in part of tobacco, |
8 | irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or |
9 | mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped |
10 | in leaf tobacco or any substance containing tobacco paper or any other material and where such roll |
11 | has an integrated filter, except where such wrapper is wholly or in greater part made of tobacco and |
12 | where such roll has an integrated filter and weighs over four (4) pounds per thousand (1,000). |
13 | (12) “Person” means any individual person, firm, fiduciary, partnership, trust, association, |
14 | or corporation licensed as a retail dealer to sell tobacco products within the state. |
15 | (13) “Retail tobacco products dealer” means the holder of a license to sell tobacco products |
16 | at retail and shall include holders of all other licenses issued under chapter 20 of title 44 or chapter |
17 | 1 of title 23. |
18 | (14) “Retail tobacco products dealer license” means a license to sell tobacco products |
19 | and/or electronic nicotine-delivery system products as defined in section 44-20-1(7) at retail as |
20 | issued by the department of taxation. |
21 | (15) “Spitting tobacco” also means snuff, powdered tobacco, chewing tobacco, dipping |
22 | tobacco, pouch tobacco, or smokeless tobacco. |
23 | (16) “Tobacco product(s)” means any product(s) containing, made of, or derived from |
24 | tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether |
25 | inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a little |
26 | cigar as defined in § 44-20.2-1, and any and all products as defined in § 44-20-1, electronic nicotine- |
27 | delivery system products, or any added substance that may be aerosolized, vaporized, or otherwise |
28 | delivered by such an electronic nicotine-delivery system device, whether or not that substance |
29 | contains nicotine. |
30 | (i) “Tobacco product(s)” does not include drugs, devices, or combination products |
31 | intended to treat tobacco or nicotine dependence that are authorized by the United States Food and |
32 | Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. Nor |
33 | does it include such authorized drugs, devices, or combination products with such treatment |
34 | purpose by individuals under age twenty-one (21) if prescribed by a licensed prescriber such as a |
| LC004143 - Page 142 of 226 |
1 | physician, nurse practitioner, or physician assistant. |
2 | (17) “Underage individual” or “underage individuals” means any individual under the age |
3 | of twenty-one (21). |
4 | 11-9-13.13. Nature and size of penalties. |
5 | (a) Any license holder who violates a requirement of § 11-9-13.6(2) or § 11-9-13.7, display |
6 | of specific signage, shall be subject to a fine in court of not less than thirty-five dollars ($35.00), |
7 | nor more than five hundred dollars ($500), per civil violation. |
8 | (b) The license holder is responsible for all violations of this section that occur at the |
9 | location for which the license is issued. Any license holder who or that violates the prohibition of |
10 | § 11-9-13.8(1) or § 11-9-13.20 shall be subject to civil fines as follows: |
11 | (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six- |
12 | month (36) period; |
13 | (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six- |
14 | month (36) period; |
15 | (3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the |
16 | license to sell tobacco products or electronic nicotine-delivery systems for the third violation within |
17 | any thirty-six-month (36) period; |
18 | (4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90) suspension |
19 | of the license to sell tobacco products or electronic nicotine-delivery systems for each violation in |
20 | excess of three (3). |
21 | (c) Any person who or that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes; |
22 | or § 11-9-13.8(2), regarding factory-wrapped packs as sealed and certified by the manufacturer; |
23 | shall be subject to a penalty of five hundred dollars ($500) for each violation. |
24 | (d) The department of taxation and/or the department of health shall not issue a license to |
25 | any individual, business, firm, fiduciary, partnership, trust, association, or corporation, the license |
26 | of which has been revoked or suspended; to any corporation, an officer of which has had his or her |
27 | license revoked or suspended; or to any individual who is, or has been, an officer of a corporation |
28 | the license of which has been revoked or suspended so long as such revocations or suspensions are |
29 | in effect. |
30 | (e) The court may suspend the imposition of a license suspension of the license secured |
31 | from the Rhode Island tax administrator or department of health for a violation of subsections (b)(3) |
32 | and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the |
33 | sale of tobacco products, including electronic nicotine-delivery system products, to an underage |
34 | individual and the license holder can demonstrate to the court that those measures have been taken |
| LC004143 - Page 143 of 226 |
1 | and that employees have received training. No person or individual shall sell tobacco products, |
2 | including electronic nicotine-delivery system products, at retail without first being trained in the |
3 | legal sale of tobacco products, including electronic nicotine-delivery system products. Training |
4 | shall teach employees what constitutes a tobacco product, including an electronic nicotine-delivery |
5 | system product; legal age of sale; acceptable identification; how to refuse a direct sale to an |
6 | underage individual or secondary sale to an individual twenty-one (21) years or older; and all |
7 | applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the |
8 | provisions of this section were reviewed with all employees who conduct, or will conduct, tobacco |
9 | product sales, including electronic nicotine-delivery system product sales. Each employee who |
10 | sells or will sell tobacco products, including electronic nicotine-delivery system products, shall sign |
11 | an acknowledgement form attesting that the provisions of this section were reviewed with him or |
12 | her. Each form shall be maintained by the retailer for as long as the employee is so employed and |
13 | for no less than one year after termination of employment. The measures to prevent the sale of |
14 | tobacco products, including electronic nicotine-delivery system products, to underage individuals |
15 | shall be defined by the department of behavioral healthcare, developmental disabilities and |
16 | hospitals in rules and regulations. |
17 | 11-9-13.15. Penalty for operating without a dealer license. |
18 | (a) Any individual or business who or that violates this chapter by selling or conveying a |
19 | tobacco product or electronic nicotine-delivery system product without a retail tobacco products |
20 | dealer license shall be cited for that violation and shall be required to appear in court for a hearing |
21 | on the citation. |
22 | (b) Any individual or business cited for a violation under this section of this chapter shall: |
23 | (1) Either post a two-thousand-five-hundred-dollar ($2,500) bond with the court within ten |
24 | (10) days of the citation; or |
25 | (2) Sign and accept the citation indicating a promise to appear in court. |
26 | (c) An individual or business who or that has accepted the citation may: |
27 | (1) Pay a ten-thousand-dollar ($10,000) fine, either by mail or in person, within ten (10) |
28 | days after receiving the citation; or |
29 | (2) If that individual or business has posted a bond, forfeit the bond by not appearing at the |
30 | scheduled hearing. If the individual or business cited pays the ten-thousand-dollar ($10,000) fine |
31 | or forfeits the bond, that individual or business is deemed to have admitted the cited violation and |
32 | to have waived the right to a hearing on the issue of commission on the violation. |
33 | (d) The court after a hearing on a citation shall make a determination as to whether a |
34 | violation has been committed. If it is established that the violation did occur, the court shall impose |
| LC004143 - Page 144 of 226 |
1 | a ten-thousand-dollar ($10,000) fine, in addition to any court costs or other court fees. |
2 | 11-9-13.20. Packaging of electronic nicotine-delivery system liquid. |
3 | (a) No liquid, whether or not such liquid contains nicotine, that is intended for human |
4 | consumption and used in an electronic nicotine-delivery system, as defined in § 11-9-13.4, shall be |
5 | sold unless the liquid is contained in child-resistant packaging. |
6 | (b) Any liquid nicotine container that is sold at retail in this state must satisfy the child- |
7 | resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b), when tested in accordance |
8 | with the method described in 16 C.F.R. § 1700.20. All licensees under § 23-1-56 § 44-20-2 shall |
9 | ensure that any liquid sold by the licensee intended for human consumption and used in an |
10 | electronic-nicotine delivery system, as defined in § 11-9-13.4, is sold in a liquid nicotine container |
11 | that meets the requirements described and referenced in this subsection. |
12 | (c) For the purposes of this section, “liquid nicotine container” means a bottle or other |
13 | container of a liquid or other substance where the liquid or substance is sold, marketed, or intended |
14 | for use in a vapor product. A “liquid nicotine container” does not include a liquid or other substance |
15 | in a cartridge that is sold, marketed, or intended for use in a vapor product, provided that such |
16 | cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. |
17 | (d) Any licensee or any person required to be licensed under § 23-1-56 § 44-20-2 who or |
18 | that fails to comply with this section shall be subject to the penalties provided in § 11-9-13.13. |
19 | (e) The licensee is responsible for all violations of this section that occur at the location for |
20 | which the license is issued. |
21 | (f) No licensee or person shall be found in violation of this section if the licensee or person |
22 | relied in good faith on documentation provided by or attributed to the manufacturer of the |
23 | packaging of the aforementioned liquid that such packaging meets the requirements of this section. |
24 | (g) On or after October 1, 2024, any product found to be in violation of this chapter shall |
25 | be considered contraband and subject to the confiscation provisions outlined in § 44-20-15. |
26 | SECTION 4. Section 16-21.2-5 of the General Laws in Chapter 16-21.2 entitled "The |
27 | Rhode Island Substance Abuse Prevention Act" is hereby repealed: |
28 | 16-21.2-5. Funding of substance abuse prevention program. |
29 | (a) Money to fund the Rhode Island Substance Abuse Prevention Act shall be appropriated |
30 | from state general revenues and shall be raised by assessing an additional penalty of thirty dollars |
31 | ($30.00) for all speeding violations as set forth in § 31-43-5.1. The money shall be deposited as |
32 | general revenues. The department of behavioral healthcare, developmental disabilities and |
33 | hospitals may utilize up to ten percent (10%) of the sums appropriated for the purpose of |
34 | administering the substance abuse prevention program. |
| LC004143 - Page 145 of 226 |
1 | (b) Grants made under this chapter shall not exceed money available in the substance abuse |
2 | prevention program. |
3 | SECTION 5. Section 16-21.3-3 of the General Laws in Chapter 16-21.3 entitled "The |
4 | Rhode Island Student Assistance Junior High/Middle School Act" is hereby repealed: |
5 | 16-21.3-3. Funding of junior high/middle school student assistance program. |
6 | (a) Money to fund this program shall be raised by assessing an additional substance abuse |
7 | prevention assessment of thirty dollars ($30.00) for all moving motor vehicle violations handled |
8 | by the traffic tribunal including, but not limited to, those violations set forth in § 31-41.1-4, except |
9 | for speeding. The money shall be deposited in a restricted purpose receipt account separate from |
10 | all other accounts within the department of behavioral healthcare, developmental disabilities and |
11 | hospitals. The restricted purpose receipt account shall be known as the junior high/middle school |
12 | student assistance fund and the traffic tribunal shall transfer money from the junior high/middle |
13 | school student assistance fund to the department of behavioral healthcare, developmental |
14 | disabilities and hospitals for the administration of the Rhode Island Student Assistance Junior |
15 | High/Middle School Act. |
16 | (b) The department of behavioral healthcare, developmental disabilities and hospitals may |
17 | utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose of |
18 | administering the program. |
19 | SECTION 6. Effective October 1, 2024, Sections 23-1-55, 23-1-56, 23-1-57, and 23-1-58 |
20 | of the General Laws in Chapter 23-1 entitled "Department of Health" are hereby repealed. |
21 | 23-1-55. Electronic nicotine delivery system distributor, and dealer licenses required — |
22 | Definitions. |
23 | Definitions. Whenever used in §§ 23-1-56 to 23-1-58, unless the context requires |
24 | otherwise: |
25 | (1) “Dealer” means any person, whether located within or outside of this state, who sells |
26 | or distributes electronic nicotine-delivery system products to a consumer in this state; |
27 | (2) “Distributor” means any person: |
28 | (i) Whether located within or outside of this state, other than a dealer, who sells or |
29 | distributes electronic nicotine-delivery system products within or into this state. Such term shall |
30 | not include any electronic nicotine-delivery system products manufacturer, export warehouse |
31 | proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine- |
32 | delivery system products in this state only to licensed distributors or to an export warehouse |
33 | proprietor or another manufacturer with a valid permit; |
34 | (ii) Selling electronic nicotine-delivery system products directly to consumers in this state |
| LC004143 - Page 146 of 226 |
1 | by means of at least twenty-five (25) electronic nicotine-delivery system product vending |
2 | machines; |
3 | (iii) Engaged in this state in the business of manufacturing electronic nicotine-delivery |
4 | system products or any person engaged in the business of selling electronic nicotine-delivery |
5 | system products to dealers, or to other persons, for the purpose of resale only; provided that seventy- |
6 | five percent (75%) of all electronic nicotine-delivery system products sold by that person in this |
7 | state are sold to dealers or other persons for resale and selling electronic nicotine-delivery system |
8 | products directly to at least forty (40) dealers or other persons for resale; or |
9 | (iv) Maintaining one or more regular places of business in this state for that purpose; |
10 | provided, that seventy-five percent (75%) of the sold electronic nicotine-delivery system products |
11 | are purchased directly from the manufacturer and selling electronic nicotine-delivery system |
12 | products directly to at least forty (40) dealers or other persons for resale; |
13 | (3) “Electronic nicotine-delivery system” means the products as defined in § 11-9-13.4(6). |
14 | 23-1-56. License. |
15 | (a) Each person engaging in the business of selling electronic nicotine-delivery system |
16 | products in the state, including any distributor or dealer, shall secure a license annually from the |
17 | department before engaging in that business or continuing to engage in it. A separate application |
18 | and license is required for each place of business operated by a distributor or dealer. If the applicant |
19 | for a license does not have a place of business in this state, the license shall be issued for such |
20 | applicant’s principal place of business, wherever located. A licensee shall notify the department |
21 | within thirty (30) days in the event that it changes its principal place of business. A separate license |
22 | is required for each class of business if the applicant is engaged in more than one of the activities |
23 | required to be licensed by this section. No person shall maintain or operate, or cause to be operated, |
24 | a vending machine for electronic nicotine-delivery systems without procuring a dealer’s license for |
25 | each machine. |
26 | (b) The director shall have authority to set a reasonable fee not to exceed twenty-five |
27 | dollars ($25.00) for the issuance of the license. |
28 | (c) Each issued license shall be prominently displayed on the premises, if any, covered by |
29 | the license. |
30 | (d) The director shall create and maintain a website setting forth the identity of all licensed |
31 | persons under this section, itemized by type of license possessed, and shall update the site no less |
32 | frequently than six (6) times per year. |
33 | (e) A manufacturer or importer may sell or distribute electronic nicotine-delivery systems |
34 | to a person located or doing business within the state only if such person is a licensed distributor. |
| LC004143 - Page 147 of 226 |
1 | An importer may obtain electronic nicotine-delivery systems only from a licensed manufacturer. A |
2 | distributor may sell or distribute electronic nicotine-delivery systems to a person located or doing |
3 | business within this state only if such person is a licensed distributor or dealer. A distributor may |
4 | obtain electronic nicotine-delivery systems only from a licensed manufacturer, importer, or |
5 | distributor. A dealer may obtain electronic nicotine-delivery systems only from a licensed |
6 | distributor. |
7 | (f)(1) No license under this chapter may be granted, maintained, or renewed if the |
8 | applicant, or any combination of persons owning directly or indirectly any interests in the applicant: |
9 | (i) Is delinquent in any tax filings for one month or more; or |
10 | (ii) Had a license under this chapter revoked within the past two (2) years. |
11 | (2) No person shall apply for a new license, or renewal of a license and no license shall be |
12 | issued or renewed for any person, unless all outstanding fines, fees, or other charges relating to any |
13 | license held by that person have been paid. |
14 | (3) No license shall be issued relating to a business at any specific location until all prior |
15 | licenses relating to that location have been officially terminated and all fines, fees, or charges |
16 | relating to the prior licenses have been paid or otherwise resolved or if the director has found that |
17 | the person applying for the new license is not acting as an agent for the prior licensee who is subject |
18 | to any such related fines, fees, or charges that are still due. Evidence of such agency status includes, |
19 | but is not limited to, a direct familial relationship and/or employment, contractual, or other formal |
20 | financial or business relationship with the prior licensee. |
21 | (4) No person shall apply for a new license pertaining to a specific location in order to |
22 | evade payment of any fines, fees, or other charges relating to a prior license for that location. |
23 | (5) No new license shall be issued for a business at a specific location for which a license |
24 | has already issued unless there is a bona fide, good-faith change in ownership of the business at |
25 | that location. |
26 | (6) No license or permit shall be issued, renewed or maintained for any person, including |
27 | the owners of the business being licensed, who has been convicted of violating any criminal law |
28 | relating to tobacco products and/or electronic nicotine-delivery system products, the payment of |
29 | taxes, or fraud, or has been ordered to pay civil fines of more than twenty-five thousand dollars |
30 | ($25,000) for violations of any civil law relating to tobacco products and/or electronic nicotine- |
31 | delivery system products, the payment of taxes, or fraud. |
32 | 23-1-57. Penalties for unlicensed business. |
33 | Any distributor or dealer who sells, offers for sale, or possesses with intent to sell, |
34 | electronic nicotine-delivery system products without a license as provided in § 23-1-56, shall be |
| LC004143 - Page 148 of 226 |
1 | fined in accordance with the provisions of, and the penalties contained in, § 23-1-58. |
2 | 23-1-58. Penalty for operating without a dealer license. |
3 | (a) Any individual or business who violates this chapter by selling or conveying an |
4 | electronic nicotine-delivery system product without a retail license shall be cited for that violation |
5 | and shall be required to appear in district court for a hearing on the citation. |
6 | (b) Any individual or business cited for a violation hereunder shall: |
7 | (1) Either post a five hundred dollar ($500) bond with the district court within ten (10) days |
8 | of the citation; or |
9 | (2) Sign and accept the citation indicating a promise to appear in court. |
10 | (c) An individual or business who or that has accepted the citation may: |
11 | (1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) days |
12 | after receiving the citation; or |
13 | (2) If that individual or business has posted a bond, forfeit the bond by not appearing at the |
14 | scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine or |
15 | forfeits the bond, that individual or business is deemed to have admitted the cited violation and to |
16 | have waived the right to a hearing on the issue of commission on the violation. |
17 | (d) The court, after a hearing on a citation, shall make a determination as to whether a |
18 | violation has been committed. If it is established that the violation did occur, the court shall impose |
19 | a five hundred dollar ($500) fine in addition to any court costs or fees. |
20 | SECTION 7. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records” |
21 | is hereby amended to read as follows: |
22 | 23-3-25. Fees for copies and searches. |
23 | (a) The state registrar shall charge fees for searches and copies as follows: |
24 | (1) For a search of two (2) consecutive calendar years under one name and for issuance of |
25 | a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or |
26 | a certification that the record cannot be found, and each duplicate copy of a certificate or |
27 | certification issued at the same time, the fee is as set forth in § 23-1-54. |
28 | (2) For each additional calendar year search, if applied for at the same time or within three |
29 | (3) months of the original request and if proof of payment for the basic search is submitted, the fee |
30 | is as set forth in § 23-1-54. |
31 | (3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54. |
32 | (4) For processing of adoptions, legitimations, or paternity determinations as specified in |
33 | §§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54. |
34 | (5) For making authorized corrections, alterations, and additions, the fee is as set forth in |
| LC004143 - Page 149 of 226 |
1 | § 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and |
2 | additions on records filed before one year of the date on which the event recorded has occurred. |
3 | (6) For examination of documentary proof and the filing of a delayed record, there is a fee |
4 | as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of |
5 | a certified copy of a delayed record. |
6 | (b) Fees collected under this section by the state registrar shall be deposited in the general |
7 | fund of this state, according to the procedures established by the state treasurer. |
8 | (c) The local registrar shall charge fees for searches and copies of records as follows: |
9 | (1) For a search of two (2) consecutive calendar years under one name and for issuance of |
10 | a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a |
11 | certification of birth or a certification that the record cannot be found, the fee is twenty dollars |
12 | ($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is |
13 | fifteen dollars ($15.00). |
14 | (2) For each additional calendar year search, if applied for at the same time or within three |
15 | (3) months of the original request and if proof of payment for the basic search is submitted, the fee |
16 | is two dollars ($2.00). |
17 | (d) Fees collected under this section by the local registrar shall be deposited in the city or |
18 | town treasury according to the procedures established by the city or town treasurer except that six |
19 | dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the |
20 | general fund of this state. |
21 | (e) To acquire, maintain, and operate an electronic statewide registration system (ESRS), |
22 | the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified |
23 | records request, no more than three dollars ($3.00) for each duplicate certified record, and no more |
24 | than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record |
25 | requested for a local registrar. Notwithstanding the provisions of subsection (d), any such |
26 | surcharges collected by the local registrar shall be submitted to the state registrar. Any funds |
27 | collected from the surcharges listed above shall be deposited into the information technology |
28 | restricted receipt account (ITRR account) established pursuant to § 42-11-2.5(a). as general |
29 | revenues. |
30 | SECTION 8. Effective January 1, 2025, Section 23-27.3-108.2 of the General Laws in |
31 | Chapter 23-27.3 entitled “State Building Code; Article 1; Administration and Enforcement” is |
32 | hereby amended to read as follows: |
33 | 23-27.3-108.2. State building commissioner’s duties. |
34 | (a) This code shall be enforced by the state building commissioner as to any structures or |
| LC004143 - Page 150 of 226 |
1 | buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction |
2 | of the state or any of its departments, commissions, agencies, or authorities established by an act |
3 | of the general assembly, and as to any structures or buildings or parts thereof that are built upon |
4 | any land owned by or under the jurisdiction of the state; provided, however, that for the purposes |
5 | of this section structures constituting tents and/or membrane frame structures as defined in this state |
6 | building code and any regulations promulgated hereunder shall be subject to an annual certification |
7 | process to be established by the state building commissioner in conjunction with the state fire |
8 | marshal and shall not be subject to recurring permit and fee requirements as otherwise required by |
9 | this code. |
10 | (b) Permit fees for the projects shall be established by the committee. The fees shall be |
11 | deposited as general revenues. |
12 | (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001) |
13 | percent levy of the total construction cost for each permit issued. The levy shall be limited to a |
14 | maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2) |
15 | dwellings. This additional levy shall be transmitted monthly to the state building office at the |
16 | department of business regulation, and shall be used to staff and support the purchase or lease and |
17 | operation of a web-accessible service and/or system to be utilized by the state and municipalities |
18 | for uniform, statewide electronic plan review, permit management, and inspection system and other |
19 | programs described in this chapter. The fee levy shall be deposited as general revenues. |
20 | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide |
21 | process for electronic plan review, permit management, and inspection. The process shall include, |
22 | but |
23 | not be limited to: applications; submission of building plans and plans for developments and plots; |
24 | plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and |
25 | collections; |
26 | and workflow and report management. |
27 | (3) On or before December 1, 2013, the building commissioner, with the assistance of the |
28 | office of regulatory reform, shall implement the standard statewide process for electronic plan |
29 | review, permit management, and inspection. In addition, the building commissioner shall develop |
30 | a technology and implementation plan for a standard web-accessible service or system to be utilized |
31 | by the state and municipalities for uniform, statewide electronic plan review, permit management, |
32 | and inspection. The plan shall include, but not be limited to: applications; submission of building |
33 | plans and plans for developments and plots; plan review; permitting; inspections; inspection |
34 | scheduling; project tracking; fee calculation and collections; and workflow and report management. |
| LC004143 - Page 151 of 226 |
1 | (d) The building commissioner shall, upon request by any state contractor described in § |
2 | 37-2-38.1, review, and when all conditions for certification have been met, certify to the state |
3 | controller that the payment conditions contained in § 37-2-38.1 have been met. |
4 | (e) The building commissioner shall coordinate the development and implementation of |
5 | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before |
6 | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement |
7 | the provisions of this section and § 23-27.3-115.6. |
8 | (f) The building commissioner shall submit, in coordination with the state fire marshal, a |
9 | report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, |
10 | providing the status of the web-accessible service and/or system implementation and any |
11 | recommendations for process or system improvement. In every report submitted on or after April, |
12 | 2024, the building commissioner shall provide the following information: |
13 | (1) The identity of every municipality in full compliance with the provisions § 23-27.3- |
14 | 115.6 |
15 | and the rules and regulations promulgated pursuant to the provisions of this section; |
16 | (2) The identity of every municipality failing to fully implement and comply with the |
17 | provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the |
18 | provisions of this section, and the nature, extent, and basis or reason for the failure or |
19 | noncompliance; and |
20 | (3) Recommendations to achieve compliance by all municipalities with the provisions of § |
21 | 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. |
22 | (g) The building commissioner shall assist with facilitating the goals and objectives set |
23 | forth in § 28-42-84(a)(9). |
24 | SECTION 9. Effective January 1, 2025, Section 23-28.19-1 of the General Laws in Chapter |
25 | 23-28.19 entitled “Tents – Grandstands – Air Supported Structures” is hereby amended to read as |
26 | follows: |
27 | 23-28.19-1. Tents for which license required — Application and issuance. |
28 | (a) No tent exceeding three hundred fifty square feet (350 sq. ft.) in area shall be erected, |
29 | maintained, operated, or used in any city or town in this state except under a license from the |
30 | licensing authorities of the city or town; provided, however, that for tent installations on state |
31 | property or in jurisdictions otherwise subject to the authority of the state fire marshal, structures |
32 | constituting tents and/or membrane frame structures as defined in the state building code and any |
33 | regulations promulgated thereunder, shall be subject to an annual certification process to be |
34 | established by the state building commissioner in conjunction with the state fire marshal pursuant |
| LC004143 - Page 152 of 226 |
1 | to § 23-27.3-108.2 and shall not be subject to recurring permit and fee requirements as otherwise |
2 | required by the code. The license shall not be issued for a period exceeding thirty (30) days and |
3 | shall be revocable for cause. Application shall be made on proper form and, when deemed |
4 | necessary by the licensing authorities, shall include plans drawn to scale, showing exits, aisles, and |
5 | seating arrangements and details of the structural support of tent, seats, and platforms, etc. No |
6 | license shall be issued until the provisions of this chapter have been complied with, and approval |
7 | has been obtained from the building department, the police department, the fire department, and, |
8 | when tents are to be used for fifty (50) or more persons, from each and every department having |
9 | jurisdiction over places of assembly. |
10 | (b) For the purposes of this section, the fire marshal shall have no jurisdiction over tents |
11 | on the property of one-(1) or two-(2) family private dwellings. Nothing contained in this section |
12 | shall prohibit the fire marshal from requiring a license for a tent smaller than three hundred fifty |
13 | square feet (350 sq. ft.) where other sections of the fire code deem it necessary, including, but not |
14 | limited to, use, occupancy, opening, exposure, an increase in occupancy of a commercial |
15 | establishment, and any other similar factors. |
16 | (c) The state fire marshal shall provide training to all assistant deputy fire marshals as |
17 | defined by § 23-28.2-9 as soon as practicable to ensure the consistent enforcement of the fire safety |
18 | code pursuant to § 23-28.2-4. |
19 | SECTION 10. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel |
20 | Tax" is hereby amended to read as follows: |
21 | 31-36-20. Disposition of proceeds.(a) Notwithstanding any other provision of law to |
22 | the contrary, all moneys paid into the general treasury under the provisions of this chapter or chapter |
23 | 37 of this title, and title 46 shall be applied to and held in a separate fund and be deposited in any |
24 | depositories that may be selected by the general treasurer to the credit of the fund, which fund shall |
25 | be known as the Intermodal Surface Transportation Fund; provided, that in fiscal year 2004 for the |
26 | months of July through April six and eighty-five hundredth cents ($0.0685) per gallon of the tax |
27 | imposed and accruing for the liability under the provisions of § 31-36-7, less refunds and credits, |
28 | shall be transferred to the Rhode Island public transit authority as provided under § 39-18-21. For |
29 | the months of May and June in fiscal year 2004, the allocation shall be five and five hundredth |
30 | cents ($0.0505). Thereafter, until fiscal year 2006, the allocation shall be six and twenty-five |
31 | hundredth cents ($0.0625). For fiscal years 2006 through FY 2008, the allocation shall be seven |
32 | and twenty-five hundredth cents ($0.0725); provided, that expenditures shall include the costs of |
33 | a market survey of non-transit users and a management study of the agency to include the |
34 | feasibility of moving the Authority into the Department of Transportation, both to be conducted |
| LC004143 - Page 153 of 226 |
1 | under the auspices of the state budget officer. The state budget officer shall hire necessary |
2 | consultants to perform the studies, and shall direct payment by the Authority. Both studies shall |
3 | be transmitted by the Budget Officer to the 2006 session of the General Assembly, with |
4 | comments from the Authority. For fiscal year 2009, the allocation shall be seven and seventy- |
5 | five hundredth cents ($0.0775), of which one-half cent ($0.005) shall be derived from the one |
6 | cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-11. For fiscal years |
7 | 2010 and thereafter, the allocation shall be nine and seventy-five hundredth cents ($0.0975), of |
8 | which of one-half cent ($0.005) shall be derived from the one cent ($0.01) per gallon environmental |
9 | protection fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall be transferred to the |
10 | Elderly/Disabled Transportation Program of the department of human services, For fiscal years |
11 | 2025 and thereafter, twenty-one percent (21%) of one cent ($0.0021) per gallon shall be transferred |
12 | to the Elderly/Disabled Transportation Program of the department of human services, and seventy- |
13 | nine percent (79%) of one cent ($0.0079) shall be directly transferred to the Rhode Island public |
14 | transit authority for the elderly/disabled transportation program. and tThe remaining cents per |
15 | gallon shall be available for general revenue as determined by the following schedule: |
16 | (i) For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for |
17 | general revenue. |
18 | (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for |
19 | general revenue. |
20 | (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general |
21 | revenue. |
22 | (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for |
23 | general revenue. |
24 | (v) For the months of July through April in fiscal year 2004, one and four-tenths cents |
25 | ($0.014) shall be available for general revenue. For the months of May through June in fiscal year |
26 | 2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter, |
27 | until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006 |
28 | through fiscal year 2009 one cent ($0.01) shall be available for general revenue. |
29 | (2) All deposits and transfers of funds made by the tax administrator under this section, |
30 | including those to the Rhode Island public transit authority, the department of human services, the |
31 | Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-four |
32 | (24) hours of receipt or previous deposit of the funds in question. |
33 | (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of |
34 | Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by |
| LC004143 - Page 154 of 226 |
1 | the Director of the Rhode Island Department of Transportation, or his or her designee, or at the |
2 | election of the Director of the Rhode Island Department of Transportation, with the approval of the |
3 | Director of the Department of Administration, to an indenture trustee, administrator, or other third |
4 | party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in |
5 | order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and |
6 | Enactment Approving the Financing of Various Department of Transportation Projects adopted |
7 | during the 2003 session of the General Assembly, and approved by the Governor. |
8 | (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred |
9 | to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital |
10 | expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a |
11 | toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to |
12 | remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing |
13 | transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments |
14 | thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution |
15 | set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any |
16 | other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly |
17 | authorized to issue bonds and notes previously authorized under said Joint Resolution for the |
18 | purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet |
19 | River Bridge and the termination thereof. |
20 | (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund |
21 | shall be dedicated to the department of transportation, subject to annual appropriation by the general |
22 | assembly. The director of transportation shall submit to the general assembly, budget office and |
23 | office of the governor annually an accounting of all amounts deposited in and credited to the fund |
24 | together with a budget for proposed expenditures for the succeeding fiscal year in compliance with |
25 | §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized |
26 | and directed to draw his or her orders upon the general treasurer for the payments of any sum or |
27 | portion of the sum that may be required from time to time upon receipt of properly authenticated |
28 | vouchers. |
29 | (c) At any time the amount of the fund is insufficient to fund the expenditures of the |
30 | department of transportation, not to exceed the amount authorized by the general assembly, the |
31 | general treasurer is authorized, with the approval of the governor and the director of administration, |
32 | in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for |
33 | the purposes specified in this section, any funds of the state not specifically held for any particular |
34 | purpose. However, all the advances made to the fund shall be returned to the general fund |
| LC004143 - Page 155 of 226 |
1 | immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the |
2 | extent of the advances. |
3 | SECTION 11. Section 44-1-34 of the General Laws in Chapter 44-1 entitled “State Tax |
4 | Officials” is hereby amended to read as follows: |
5 | 44-1-34. Tax administrator to prepare list of delinquent taxpayers — Notice — Public |
6 | inspection. |
7 | (a) Notwithstanding any other provision of law, the tax administrator may, on a quarterly |
8 | basis, |
9 | (1) Prepare a list of the one hundred (100) delinquent taxpayers under chapter 44-30 who |
10 | owe the largest amount at least $50,000 of state tax and whose taxes have been unpaid for a period |
11 | in excess of ninety (90) days following the date their tax was due. |
12 | (2) Prepare a list of the one hundred (100) delinquent taxpayers collectively under chapters |
13 | 44-11, 44-12, 44-13, 44-14, 44-15, 44-17, 44-18, and 44-20, who owe the largest amount at least |
14 | $50,000 of state tax and whose taxes have been unpaid for a period in excess of ninety (90) days |
15 | following the date their tax was due. |
16 | (3) Each list may contain the name and address of each delinquent taxpayer, the type of tax |
17 | levied, and the amount of the delinquency, including interest and penalty, as of the end of the |
18 | quarter. No taxpayer shall be included on such list if the tax assessment in question is the subject |
19 | of an appeal. |
20 | (b) The tax administrator shall not list any delinquent taxpayer until such time as he or she |
21 | gives the delinquent taxpayer thirty (30) days’ notice of intent to publish the taxpayer’s |
22 | delinquency. Said notice shall be sent to the taxpayer’s last known address by regular and certified |
23 | mail. If during said thirty (30) day period the taxpayer makes satisfactory arrangement for payment |
24 | of the delinquent tax, the name of such taxpayer shall not be published as long as the taxpayer does |
25 | not default on any payment agreement entered into with the division of taxation. |
26 | (c) Any such list prepared by the tax division shall be available to the public for inspection |
27 | by any person and may be published by the tax administrator on the tax division website. |
28 | SECTION 12. Effective January 1, 2025, Sections 44-11-2, 44-11-2.3, 44-11-4.1, and 44- |
29 | 11-11 of the General Laws in Chapter 44-11 entitled "Business Corporation Tax" is hereby |
30 | amended to read as follows: |
31 | 44-11-2. Imposition of Tax. |
32 | (a) Each corporation shall annually pay to the state a tax equal to nine percent (9%) of net |
33 | income, as defined in § 44-11-11, qualified in § 44-11-12, and apportioned to this state as provided |
34 | in §§ 44-11-13 — 44-11-15, for the taxable year. For tax years beginning on or after January 1, |
| LC004143 - Page 156 of 226 |
1 | 2015, each corporation shall annually pay to the state a tax equal to seven percent (7.0%) of net |
2 | income, as defined in § 44-11-13 — 44-11-15, for the taxable year. |
3 | (b) A corporation shall pay the amount of any tax as computed in accordance with |
4 | subsection (a) after deducting from "net income," as used in this section, fifty percent (50%) of the |
5 | excess of capital gains over capital losses realized during the taxable year, if for the taxable year: |
6 | (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its |
7 | own behalf and not as a broker, underwriter, or distributor; |
8 | (2) Its gross receipts derived from these activities during the taxable year amounted to at |
9 | least ninety percent (90%) of its total gross receipts derived from all of its activities during the year. |
10 | "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable |
11 | consideration, received during the taxable year in connection with the conduct of the taxpayer's |
12 | activities. |
13 | (c) A corporation shall not pay the amount of the tax computed on the basis of its net |
14 | income under subsection (a), but shall annually pay to the state a tax equal to ten cents ($.10) for |
15 | each one hundred dollars ($100) of gross income for the taxable year or a tax of one hundred dollars |
16 | ($100), whichever tax shall be the greater, if for the taxable year the corporation is either a "personal |
17 | holding company" registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a- |
18 | 1 et seq., "regulated investment company," or a "real estate investment trust" as defined in the |
19 | federal income tax law applicable to the taxable year. "Gross income" means gross income as |
20 | defined in the federal income tax law applicable to the taxable year, plus: |
21 | (1) Any interest not included in the federal gross income; minus |
22 | (2) Interest on obligations of the United States or its possessions, and other interest exempt |
23 | from taxation by this state; and minus |
24 | (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during the |
25 | taxable year. |
26 | (d) (1) A small business corporation having an election in effect under subchapter S, 26 |
27 | U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except |
28 | that the corporation shall be subject to the provisions of subsection (a), to the extent of the income |
29 | that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after |
30 | January 1, 2015, a small business corporation having an election in effect under subchapter S, 26 |
31 | U.S.C. § 1361 et seq., shall be subject to the minimum tax under § 44-11-2(e). |
32 | (2) The shareholders of the corporation who are residents of Rhode Island shall include in |
33 | their income their proportionate share of the corporation's federal taxable income. |
34 | (3) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] |
| LC004143 - Page 157 of 226 |
1 | (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.] |
2 | (e) Minimum tax. The tax imposed upon any corporation under this section, including a |
3 | small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et |
4 | seq., shall not be less than four hundred fifty dollars ($450). For tax years beginning on or after |
5 | January 1, 2017, the tax imposed shall not be less than four hundred dollars ($400). For tax years |
6 | beginning on or after January 1, 2025, the tax imposed shall not be less than three hundred fifty |
7 | dollars ($350.00). |
8 | 44-11-2.3. Pass-through entities - Election to pay state income tax at the entity level. |
9 | (a) Definitions. As used in this section: |
10 | (1) “Election” means the annual election to be made by the pass-through entity by filing |
11 | the prescribed tax form and remitting the appropriate tax. |
12 | (2) “Net income” means the net ordinary income, net rental real estate income, other net |
13 | rental income, guaranteed payments, and other business income less specially allocated |
14 | depreciation and deductions allowed pursuant to § 179 of the United States Revenue Code (26 |
15 | U.S.C. § 179), all of which would be reported on federal tax form schedules C and E. Net income |
16 | for purposes of this section does not include specially allocated investment income or any other |
17 | types of deductions. |
18 | (3) “Owner” means an individual who is a shareholder of an S Corporation; a partner in a |
19 | general partnership, a limited partnership, or a limited liability partnership; a member of a limited |
20 | liability company, a beneficiary of a trust; or a sole proprietor. |
21 | (4) “Pass-through entity” means a corporation that for the applicable tax year is treated as |
22 | an S Corporation under I.R.C. 1362(a) (26 U.S.C. § 1362(a)), or a general partnership, limited |
23 | partnership, limited liability partnership, trust, limited liability company or unincorporated sole |
24 | proprietorship that for the applicable tax year is not taxed as a corporation for federal tax purposes |
25 | under the state’s regulations. |
26 | (5) “State tax credit” means the amount of tax paid by the pass-through entity at the entity |
27 | level that is passed through to an owner on a pro rata basis. For tax years beginning on or after |
28 | January 1, 2025, “State tax credit” means ninety percent (90%) of the amount of tax paid by the |
29 | pass-through entity at the entity level that is passed through to an owner on a pro rata basis. |
30 | (b) Elections. |
31 | (1) For tax years beginning on or after January 1, 2019, a pass-through entity may elect to |
32 | pay the state tax at the entity level at the rate of five and ninety-nine hundredths percent (5.99%). |
33 | (2) If a pass-through entity elects to pay an entity tax under this subsection, the entity shall |
34 | not have to comply with the provisions of § 44-11-2.2 regarding withholding on non-resident |
| LC004143 - Page 158 of 226 |
1 | owners. In that instance, the entity shall not have to comply with the provisions of § 44-11-2.2 |
2 | regarding withholding on non-resident owners. |
3 | (c) Reporting. |
4 | (1) The pass-through entity shall report the pro rata share of the state income taxes paid by |
5 | the entity which sums will be allowed as a state tax credit for an owner on his or her personal |
6 | income tax return. |
7 | (2) The pass-through entity shall also report the pro rata share of the state income taxes |
8 | paid by the entity as an income (addition) modification to be reported by an owner on his or her |
9 | personal income tax returns. |
10 | (d) State tax credit shall be the amount of tax paid by the pass-through entity, at the entity |
11 | level, which is passed through to the owners, on a pro rata basis. For tax years beginning on or |
12 | after January 1, 2025, state tax credit shall be ninety percent (90%) of the amount of tax paid by |
13 | the pass-through entity, at the entity level, which is passed through to the owners, on a pro rata |
14 | basis. |
15 | (e) A similar type of tax imposed by another state on the owners’ income paid at the state |
16 | entity level shall be deemed to be allowed as a credit for taxes paid to another jurisdiction in |
17 | accordance with the provisions of § 44-30-18. |
18 | (f) “Combined reporting” as set forth in § 44-11-4.1 shall not apply to reporting under this |
19 | section. |
20 | 44-11-4.1. Combined reporting. |
21 | (a) For tax years beginning on or after January 1, 2015, each C corporation which is part |
22 | of an unitary business with one or more other corporations must file a return, in a manner prescribed |
23 | by the tax administrator, for the combined group containing the combined income, determined |
24 | under this section, of the combined group. |
25 | (b) An affiliated group of C corporations, as defined in section 1504 of the Internal Revenue |
26 | Code, may elect to be treated as a combined group with respect to the combined reporting |
27 | requirement imposed by § 44-11-4.1(a) for the taxable year in lieu of an unitary business group. |
28 | The election shall be upon the condition that all C corporations which at any time during the taxable |
29 | year have been members of the affiliated group consent to be included in such group. The filing of |
30 | a consolidated return for the combined group shall be considered as such consent. Such election |
31 | may not be revoked in less than five (5) years unless approved by the tax administrator. |
32 | (c) The use of a combined report does not disregard the separate identities of the taxpayer |
33 | members of the combined group. Each taxpayer member is responsible for tax based on its taxable |
34 | income or loss apportioned to this state. |
| LC004143 - Page 159 of 226 |
1 | (d) Members of a combined group shall exclude as a member and disregard the income and |
2 | apportionment factors of any corporation not incorporated in the United States (a “non US |
3 | corporation”) if the sales factors outside the United States is eighty percent (80%) or more. If a non |
4 | US corporation is includible as a member in the combined group, to the extent that such non US |
5 | corporation’s income is subject to the provisions of a federal income tax treaty, such income is not |
6 | includible in the combined group net income. Such member shall also not include in the combined |
7 | report any expenses or apportionment factors attributable to income that is subject to the provisions |
8 | of a federal income tax treaty. For purposes of this chapter, “federal income tax treaty” means a |
9 | comprehensive income tax treaty between the United States and a foreign jurisdiction, other than a |
10 | foreign jurisdiction which is defined as a tax haven; provided, however, that if the tax administrator |
11 | determines that a combined group member non US corporation is organized in a tax haven that has |
12 | a federal income treaty with the United States, its income subject to a federal income tax treaty, |
13 | and any expenses or apportionment factors attributable to such income, shall not be included in the |
14 | combined group net income or combined report if: (i) the transactions conducted between such non |
15 | US corporation and other members of the combined group are done on an arm’s length basis and |
16 | not with the principal purpose to avoid the payment of taxes due under this chapter; or (ii) the |
17 | member establishes that the inclusion of such net income in combined group net income is |
18 | unreasonable. |
19 | (e) Net operating losses. A tracing protocol shall apply to net operating losses created |
20 | before January 1, 2015. Such net operating losses shall be allowed to offset only the income of the |
21 | corporation that created the net operating loss; the net operating loss cannot be shared with other |
22 | members of the combined group. No deduction is allowable for a net operating loss sustained |
23 | during any taxable year in which a taxpayer was not subject to Rhode Island business corporation |
24 | tax. For net operating losses created in tax years beginning on or after January 1, 2015 such loss |
25 | allowed shall be the same as the net operating loss deduction allowed under section 172 of the |
26 | internal revenue code for the combined group, except that: |
27 | (1) Any net operating loss included in determining the deduction shall be adjusted to reflect |
28 | the inclusions and exclusions from entire net income required by § 44-11-11 (a) and § 44-11-11.1; |
29 | (2) The deduction shall not include any net operating loss sustained during any taxable year |
30 | in which the member was not subject to the tax imposed by this chapter; and |
31 | (3) Limitation on 26 U.S.C. § 172 deduction. |
32 | (i) The deduction shall not exceed the deduction for the taxable year allowable under |
33 | section 172 of the internal revenue code; provided, that the deduction for a taxable year may not be |
34 | carried back to any other taxable year for Rhode Island purposes but shall only be allowable on a |
| LC004143 - Page 160 of 226 |
1 | carry forward basis for the five (5) succeeding taxable years.; and |
2 | (ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not |
3 | exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided, that the |
4 | deduction for a taxable year may not be carried back to any other taxable year for Rhode Island |
5 | purposes but shall only be allowable on a carry forward basis for the twenty (20) succeeding taxable |
6 | years. |
7 | (f) Tax credits and tax rate reduction. |
8 | (1) A tracing protocol shall apply to Rhode Island tax credits earned before tax years |
9 | beginning on or before January 1, 2015. Such Rhode Island tax credits shall be allowed to offset |
10 | only the tax liability of the corporation that earned the credits; the Rhode Island tax credits cannot |
11 | be shared with other members of the combined group. Rhode Island tax credits earned in tax years |
12 | beginning on or after January 1, 2015, may be applied to other members of the group. |
13 | (2) The tax rate reductions authorized under chapter 64.5 of title 42 (Jobs Development |
14 | Act) and chapter 64.14 of title 42 (I-195 Redevelopment Act of 2011) shall be allowed against the |
15 | net income of the entire combined group. |
16 | (g) The tax administrator shall prescribe and amend, from time to time, rules and |
17 | regulations as he or she may deem necessary in order that the tax liability of any group of |
18 | corporations filing as a combined group and each corporation in the combined group, liable to |
19 | taxation under this chapter, may be determined, computed, assessed, collected, and adjusted in a |
20 | manner as to clearly reflect the combined income of the combined group and the individual income |
21 | of each member of the combined group. Such rules and regulations, shall include but are not be |
22 | limited to, issues such as the inclusion or exclusion of a corporation in the combined group, the |
23 | characterization and sourcing of each member’s income, and whether certain common activities |
24 | constitute the conduct of a unitary business. |
25 | (h) The tax administrator shall on or before March 15, 2018, based upon the actual tax |
26 | filings of companies under this act for a two year period, submit a report to the chairperson of the |
27 | house finance committee and the senate finance committee and the house fiscal advisor and the |
28 | senate fiscal advisor analyzing the policy and fiscal ramifications of the changes enacted to business |
29 | corporations tax statutes, as enacted in budget article 12 of the Fiscal Year 2015 appropriations act. |
30 | The report shall include but not be limited to the impact upon categories of business, size of |
31 | business and similar information as contained in § 44-11-45 [repealed], which required the original |
32 | report. |
33 | 44-11-11. “Net income” defined. |
34 | (a)(1) “Net income” means, for any taxable year and for any corporate taxpayer, the taxable |
| LC004143 - Page 161 of 226 |
1 | income of the taxpayer for that taxable year under the laws of the United States, plus: |
2 | (i) Any interest not included in the taxable income; |
3 | (ii) Any specific exemptions; |
4 | (iii) The tax imposed by this chapter; |
5 | (iv) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck |
6 | Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus |
7 | Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or |
8 | any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount |
9 | of the loan forgiven exceeds $250,000; and minus: |
10 | (v) Interest on obligations of the United States or its possessions, and other interest exempt |
11 | from taxation by this state; and |
12 | (vi) The federal net operating loss deduction. ; and |
13 | (vii) For any taxable year beginning on or after January 1, 2025, in the case of a taxpayer |
14 | that is licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any |
15 | expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under |
16 | 26 U.S.C. § 280E. |
17 | (2) All binding federal elections made by or on behalf of the taxpayer applicable either |
18 | directly or indirectly to the determination of taxable income shall be binding on the taxpayer except |
19 | where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode |
20 | Island taxable income shall not include the “gross-up of dividends” required by the federal Internal |
21 | Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the |
22 | foreign tax credit. |
23 | (b) A net operating loss deduction shall be allowed, which shall be the same as the net |
24 | operating loss deduction allowed under 26 U.S.C. § 172, except that: |
25 | (1) Any net operating loss included in determining the deduction shall be adjusted to reflect |
26 | the inclusions and exclusions from entire net income required by subsection (a) of this section and |
27 | § 44-11-11.1; |
28 | (2) The deduction shall not include any net operating loss sustained during any taxable year |
29 | in which the taxpayer was not subject to the tax imposed by this chapter; and |
30 | (3) Limitation on 26 U.S.C. § 172 deduction. |
31 | (i) The deduction shall not exceed the deduction for the taxable year allowable under 26 |
32 | U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other |
33 | taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the |
34 | five (5) succeeding taxable years. ; and |
| LC004143 - Page 162 of 226 |
1 | (ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not |
2 | exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided, that the |
3 | deduction for a taxable year may not be carried back to any other taxable year for Rhode Island |
4 | purposes but shall only be allowable on a carry forward basis for the twenty (20) succeeding taxable |
5 | years. |
6 | (c) “Domestic international sales corporations” (referred to as DISCs), for the purposes of |
7 | this chapter, will be treated as they are under federal income tax law and shall not pay the amount |
8 | of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in |
9 | the same manner as it is treated under federal income tax law as it exists on December 31, 1984. |
10 | (d) A corporation that qualifies as a “foreign sales corporation” (FSC) under the provisions |
11 | of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year a valid |
12 | election under federal law to be treated as a FSC, shall not pay the amount of the tax computed |
13 | under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same manner as it |
14 | is treated under federal income tax law as it exists on January 1, 1985. |
15 | (e) For purposes of a corporation’s state tax liability, any deduction to income allowable |
16 | under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer |
17 | for at least seven years. The division of taxation shall promulgate, in its discretion, rules and |
18 | regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c). |
19 | SECTION 13. Effective January 1, 2025, Section 44-18-30.1 of the General Laws in |
20 | Chapter 44-18 entitled "Sales and Use Taxes – Liability and Computation" is hereby amended to |
21 | read as follows: |
22 | 44-18-30.1. Application for certificate of exemption - Fees. |
23 | A fee of twenty-five dollars ($25.00) shall be paid by all All organizations applying for seeking a |
24 | certificate of exemption from the Rhode Island sales and use tax under § 44-18-30(5)(i) shall apply |
25 | for a certificate of exemption on forms prescribed by the tax administrator. The certificate of |
26 | exemption shall be valid for four (4) years from the date of issue. All fees collected under this |
27 | section shall be allocated to the tax administrator for enforcement and collection of all taxes. All |
28 | certificates issued prior to the effective date of this section shall expire four (4) years from the |
29 | effective date of this section. |
30 | SECTION 14. Effective September 1, 2024, Sections 44-20-12 and 44-20-13 of the |
31 | General Laws in Chapter 44-20 entitled “Cigarette and Other Tobacco Products Tax” are hereby |
32 | amended to read as follows: |
33 | 44-20-12. Tax imposed on cigarettes sold. |
34 | A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax |
| LC004143 - Page 163 of 226 |
1 | to be evidenced by stamps, which may be affixed only by licensed distributors to the packages |
2 | containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this |
3 | chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under |
4 | this chapter. The tax is at the rate of two hundred twelve and one-half (212.5) two hundred twenty- |
5 | five (225) mills for each cigarette. |
6 | 44-20-13. Tax imposed on unstamped cigarettes. |
7 | A tax is imposed at the rate of two hundred twelve and one-half (212.5) two hundred |
8 | twenty-five (225) mills for each cigarette upon the storage or use within this state of any cigarettes |
9 | not stamped in accordance with the provisions of this chapter in the possession of any consumer |
10 | within this state. |
11 | SECTION 15. Effective September 1, 2024, Chapter 44-20 of the General Laws entitled |
12 | "Cigarette and Other Tobacco Products Tax" is hereby amended by adding thereto the following |
13 | section: |
14 | 44-20-12.7. Floor stock tax on cigarettes and stamps. |
15 | (a) Each person engaging in the business of selling cigarettes at retail in this state shall pay |
16 | a tax or excise to the state for the privilege of engaging in that business during any part of the |
17 | calendar year 2024. In calendar year 2024, the tax shall be measured by the number of cigarettes |
18 | held by the person in this state at 12:01 a.m. on September 1, 2024, and is computed at the rate of |
19 | twelve and one half (12.5) mills for each cigarette on September 1, 2024. |
20 | (b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a |
21 | tax or excise to the state for the privilege of engaging in that business during any part of the calendar |
22 | year 2024. The tax is measured by the number of stamps, whether affixed or to be affixed to |
23 | packages of cigarettes, as required by § 44-20-28. In calendar year 2024 the tax is measured by the |
24 | number of stamps, whether affixed or to be affixed, held by the distributor at 12:01 a.m. on |
25 | September 1, 2024, and is computed at the rate of twelve and one half (12.5) mills per cigarette in |
26 | the package to which the stamps are affixed or to be affixed. |
27 | (c) Each person subject to the payment of the tax imposed by this section shall, on or before |
28 | September 16, 2024, file a return, under oath or certified under the penalties of perjury, with the |
29 | tax administrator on forms furnished by him or her, showing the amount of cigarettes and the |
30 | number of stamps in that person's possession in this state at 12:01 a.m. on September 1, 2024, as |
31 | described in this section above, and the amount of tax due, and shall at the time of filing the return |
32 | pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure |
33 | to make a return containing the information required by the tax administrator. |
34 | (d) The tax administrator may prescribe rules and regulations, not inconsistent with law, |
| LC004143 - Page 164 of 226 |
1 | regarding the assessment and collection of the tax imposed by this section. |
2 | SECTION 16. Effective October 1, 2024, the title of Chapter 44-20 of the General Laws |
3 | entitled "Cigarette and Other Tobacco Products Tax" is hereby amended to read as follows: |
4 | CHAPTER 44-20 |
5 | Cigarette and Other Tobacco Products Tax |
6 | CHAPTER 44-20 |
7 | Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products |
8 | SECTION 17. Effective October 1, 2024, Sections 44-20-1, 44-20-2, 44-20-3, 44-20-4, 44- |
9 | 20-4.1, 44-20-5, 44-20-8.2, 44-20-13.2, 44-20-15, 44-20-33, 44-20-35, 44-20-40, 44-20-40.1, 44- |
10 | 20-43, 44-20-45, 44-20-47, and 44-20-51.1 of the General Laws in Chapter 44-20 entitled |
11 | "Cigarette and Other Tobacco Products Tax" are hereby amended to read as follows: |
12 | 44-20-1. Definitions. |
13 | Whenever used in this chapter, unless the context requires otherwise: |
14 | (1) “Administrator” means the tax administrator; |
15 | (2) “Cigarettes” means and includes any cigarettes suitable for smoking in cigarette form, |
16 | and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow |
17 | cylinder or cone, made with paper or any other material, with or without a filter suitable for use in |
18 | making cigarettes; |
19 | (3) “Dealer” means any person whether located within or outside of this state, who sells or |
20 | distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
21 | products to a consumer in this state; |
22 | (4) “Distributor” means any person: |
23 | (A) Whether located within or outside of this state, other than a dealer, who sells or |
24 | distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
25 | products within or into this state. Such term shall not include any cigarette or other tobacco product |
26 | manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. § 5712, |
27 | if such person sells or distributes cigarettes and/or other tobacco products and/or electronic |
28 | nicotine-delivery system products in this state only to licensed distributors, or to an export |
29 | warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712; |
30 | (B) Selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery |
31 | system products directly to consumers in this state by means of at least twenty-five (25) vending |
32 | machines; |
33 | (C) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco |
34 | products and/or electronic nicotine-delivery system products or any person engaged in the business |
| LC004143 - Page 165 of 226 |
1 | of selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
2 | products to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five |
3 | percent (75%) of all cigarettes and/or other tobacco products and/or electronic nicotine-delivery |
4 | system products sold by that person in this state are sold to dealers or other persons for resale and |
5 | selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system products |
6 | directly to at least forty (40) dealers or other persons for resale; or |
7 | (D) Maintaining one or more regular places of business in this state for that purpose; |
8 | provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products |
9 | and/or electronic nicotine-delivery system products are purchased directly from the manufacturer |
10 | and selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
11 | products directly to at least forty (40) dealers or other persons for resale; |
12 | (5) “E-liquid” and “e-liquid products” mean any liquid or substance placed in or sold for |
13 | use in an electronic nicotine-delivery system which generally utilizes a heating element that |
14 | aerosolizes, vaporizes or combusts a liquid or other substance containing nicotine or nicotine |
15 | derivative: |
16 | (a) whether the liquid or substance contains nicotine or a nicotine derivative; or, |
17 | (b) whether sold separately or sold in combination with a personal vaporizer, electronic |
18 | nicotine-delivery system, or an electronic inhaler. |
19 | (6) "Electronic nicotine-delivery system" means an electronic device that may be used to |
20 | simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, |
21 | and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, |
22 | electronic little cigars, electronic pipe, electronic hookah, “heat not burn products,” e-liquids, e- |
23 | liquid products, or any related device and any cartridge or other component of such device. |
24 | (7) "Electronic nicotine-delivery system products" means any combination of electronic |
25 | nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid |
26 | container. Electronic nicotine-delivery system products shall include hemp-derived consumable |
27 | CBD products as defined in § 2-26-3. |
28 | (58) “Importer” means any person who imports into the United States, either directly or |
29 | indirectly, a finished cigarette or other tobacco product and/or electronic nicotine-delivery system |
30 | product for sale or distribution; |
31 | (69) “Licensed,” when used with reference to a manufacturer, importer, distributor or |
32 | dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for |
33 | the type of business being engaged in. When the term “licensed” is used before a list of entities, |
34 | such as “licensed manufacturer, importer, wholesale dealer, or retailer dealer,” such term shall be |
| LC004143 - Page 166 of 226 |
1 | deemed to apply to each entity in such list; |
2 | (710) “Manufacturer” means any person who manufactures, fabricates, assembles, |
3 | processes, or labels a finished cigarette and/or other tobacco products and/or electronic nicotine- |
4 | delivery system products; |
5 | (811) “Other tobacco products” (OTP) means any cigars (excluding Little Cigars, as |
6 | defined in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco |
7 | (including granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco |
8 | suitable for smoking in a pipe or otherwise), chewing tobacco (including Cavendish, twist, plug, |
9 | scrap and any other kinds and forms of tobacco suitable for chewing), any and all forms of hookah, |
10 | shisha and “mu’assel” tobacco, snuff, and shall include any other articles or products made of or |
11 | containing tobacco, in whole or in part, or any tobacco substitute, except cigarettes; |
12 | (912) “Person” means any individual, including an employee or agent, firm, fiduciary, |
13 | partnership, corporation, trust, or association, however formed; |
14 | (1013) “Pipe” means an apparatus made of any material used to burn or vaporize products |
15 | so that the smoke or vapors can be inhaled or ingested by the user; |
16 | (1114) “Place of business” means any location where cigarettes and/or other tobacco |
17 | products and/or electronic nicotine-delivery system products are sold, stored, or kept, including, |
18 | but not limited to; any storage room, attic, basement, garage or other facility immediately adjacent |
19 | to the location. It also includes any receptacle, hide, vessel, vehicle, airplane, train, or vending |
20 | machine; |
21 | (1215) “Sale” or “sell” means gifts, exchanges, and barter of cigarettes and/or other |
22 | tobacco products and/or electronic nicotine-delivery system products. The act of holding, storing, |
23 | or keeping cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
24 | products at a place of business for any purpose shall be presumed to be holding the cigarettes and/or |
25 | other tobacco products and/or electronic nicotine-delivery system products for sale. Furthermore, |
26 | any sale of cigarettes and/or other tobacco products and/or electronic nicotine-delivery system |
27 | products by the servants, employees, or agents of the licensed dealer during business hours at the |
28 | place of business shall be presumed to be a sale by the licensee; |
29 | (1316) “Stamp” means the impression, device, stamp, label, or print manufactured, printed, |
30 | or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of |
31 | the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a |
32 | sale or distribution in this state that is exempt from state tax under the provisions of state law; and |
33 | also includes impressions made by metering machines authorized to be used under the provisions |
34 | of this chapter. |
| LC004143 - Page 167 of 226 |
1 | 44-20-2. Manufacturer, iImporter, distributor, and dealer licenses required — |
2 | Licenses required. |
3 | (a) Each manufacturer engaging in the business of selling any cigarette and/or any tobacco |
4 | products and/or electronic nicotine-delivery system products in this state shall secure a license, |
5 | unless otherwise prohibited by federal law, from the administrator before engaging in that business, |
6 | or continuing to engage in it. |
7 | (b) Each person engaging in the business of selling cigarette and/or any tobacco products |
8 | and/or any electronic nicotine-delivery system products in this state, including any manufacturer, |
9 | importer, distributor or dealer, shall secure a license from the administrator before engaging in that |
10 | business, or continuing to engage in it. A separate application and license is required for each place |
11 | of business operated by a distributor, manufacturer, importer, or dealer; provided, that an operator |
12 | of vending machines for cigarette products is not required to obtain a distributor’s license for each |
13 | machine. If the applicant for a license does not have a place of business in this state, the license |
14 | shall be issued for such applicant’s principal place of business, wherever located. A licensee shall |
15 | notify the administrator within thirty (30) days in the event that it changes its principal place of |
16 | business. A separate license is required for each class of business if the applicant is engaged in |
17 | more than one of the activities required to be licensed by this section. No person shall maintain or |
18 | operate or cause to be operated a vending machine for cigarette products without procuring a |
19 | dealer’s license for each machine. |
20 | (c) Effective October 1, 2024, the administrator shall implement a single license and |
21 | renewal application that allows for the licensure of retailers/dealers of cigarettes and/or any tobacco |
22 | products and/or any electronic nicotine-delivery system products and a separate single license and |
23 | renewal application that allows for the licensure of distributors, manufacturers, and importers of |
24 | cigarettes and/or any tobacco products and/or any electronic nicotine-delivery system products. |
25 | (d) Immediately following the enactment of this chapter, any electronic nicotine-delivery |
26 | system products distributor or dealer, licensed in good-standing by the department of health |
27 | pursuant to chapter 1 of title 23, shall be considered licensed for purposes of compliance with this |
28 | chapter until the renewal date for such license pursuant to chapter 20 of title 44 occurs; thereafter, |
29 | such distributors and dealers shall be required to comply with the license requirements in this |
30 | chapter. |
31 | 44-20-3. Penalties for unlicensed business. |
32 | Any manufacturer, importer, distributor or dealer who sells, offers for sale, or possesses |
33 | with intent to sell, cigarettes and/or any other tobacco products and/or any electronic nicotine- |
34 | delivery system products, without a license as provided in § 44-20-2, shall be guilty of a |
| LC004143 - Page 168 of 226 |
1 | misdemeanor, and shall be fined not more than ten thousand dollars ($10,000) for each offense, or |
2 | be imprisoned for a term not to exceed one (1) year, or be punished by both a fine and |
3 | imprisonment. |
4 | 44-20-4. Application for license — Display. |
5 | All licenses are issued by the tax administrator upon approval of application, stating, on |
6 | forms prescribed by the tax administrator, the information he or she may require for the proper |
7 | administration of this chapter. Each application for an a manufacturer, importer’s, or distributor’s |
8 | license shall be accompanied by a fee of one thousand dollars ($1,000); provided, that for a |
9 | distributor who does not affix stamps, the fee shall be one hundred dollars ($100); each application |
10 | for a dealer’s license shall be accompanied by a an application fee of twenty-five dollars ($25.00). |
11 | Each issued license shall be prominently displayed on the premises within this state, if any, covered |
12 | by the license. In the instance of an application for a distributor’s license, the administrator shall |
13 | require, in addition to other information as may be deemed necessary, the filing of affidavits from |
14 | three (3) cigarette manufacturers with national distribution stating that the manufacturer will supply |
15 | the distributor if the applicant is granted a license. |
16 | 44-20-4.1. License availability. |
17 | (a) No license under this chapter may be granted, maintained or renewed if the applicant, |
18 | or any combination of persons owning directly or indirectly any interests in the applicant: |
19 | (1) Owes five hundred dollars ($500) or more in delinquent taxes; |
20 | (2) Is delinquent in any tax filings for one month or more; |
21 | (3) Had a license under this chapter revoked by the administrator within the past two (2) |
22 | years; |
23 | (4) Has been convicted of a crime relating to cigarettes and/or other tobacco products; |
24 | (5) Is a cigarette manufacturer or importer that is neither: (i) A participating manufacturer |
25 | as defined in subsection II (jj) of the “Master Settlement Agreement” as defined in § 23-71-2; nor |
26 | (ii) In full compliance with chapter 20.2 of this title and § 23-71-3; |
27 | (6) Has imported, or caused to be imported, into the United States any cigarette, and/or |
28 | other tobacco product and/or electronic nicotine-delivery system products in violation of 19 U.S.C. |
29 | § 1681a or any other state or federal law; or |
30 | (7) Has imported, or caused to be imported into the United States, or manufactured for sale |
31 | or distribution in the United States any cigarette that does not fully comply with the Federal |
32 | Cigarette Labeling and Advertising Act (15 U.S.C. § 1331 et seq.). |
33 | (b)(1) No person shall apply for a new license or permit (as defined in § 44-19-1) or |
34 | renewal of a license or permit, and no license or permit shall be issued or renewed for any applicant, |
| LC004143 - Page 169 of 226 |
1 | or any combination of persons owning directly or indirectly any interests in the applicant, unless |
2 | all outstanding fines, fees, or other charges relating to any license or permit held by the applicant, |
3 | or any combination of persons owning directly or indirectly any interests in the applicant, as well |
4 | as any other tax obligations of the applicant, or any combination of persons owning directly or |
5 | indirectly any interests in the applicant have been paid. |
6 | (2) No license or permit shall be issued relating to a business until all prior licenses or |
7 | permits relating to that business or to that location have been officially terminated and all fines, |
8 | fees, or charges relating to the prior license or permit have been paid or otherwise resolved or the |
9 | administrator has found that the person applying for the new license or permit is not acting as an |
10 | agent for the prior licensee or permit holder who is subject to any such related fines, fees or charges |
11 | that are still due. Evidence of such agency status includes, but is not limited to, a direct familial |
12 | relationship and/or an employment, contractual, or other formal financial or business relationship |
13 | with the prior licensee or permit holder. |
14 | (3) No person shall apply for a new license or permit pertaining to a specific location in |
15 | order to evade payment of any fines, fees, or other charges relating to a prior license or permit. |
16 | (4) No new license or permit shall be issued for a business at a specific location for which |
17 | a license or permit already has been issued unless there is a bona fide, good-faith change in |
18 | ownership of the business at that location. |
19 | (5) No license or permit shall be issued, renewed, or maintained for any person, including |
20 | the owners of the business being licensed or having applied and received a permit, that has been |
21 | convicted of violating any criminal law relating to tobacco products, the payment of taxes, or fraud |
22 | or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000) dollars |
23 | for violations of any civil law relating to tobacco products, the payment of taxes, or fraud. |
24 | 44-20-5. Expiration, Dduration, and renewal of manufacturer’s, importer’s, |
25 | distributor’s and dealer’s licenses — Renewal. |
26 | (a) Effective October 1, 2024 to add manufacturer and distributor: Any manufacturer, |
27 | importer, or distributor license and any license issued by the tax administrator authorizing a dealer |
28 | to sell cigarettes and/or other tobacco products and/or electronic nicotine-delivery system products |
29 | or a manufacturer to sell electronic nicotine-delivery system products in this state shall expire at |
30 | midnight on June 30 next succeeding the date of issuance unless (1) suspended or revoked by the |
31 | tax administrator, (2) the business with respect to which the license was issued changes ownership, |
32 | (3) the manufacturer, importer, distributor or dealer ceases to transact the business for which the |
33 | license was issued, or (4) after a period of time set by the administrator; provided such period of |
34 | time shall not be longer than three (3) years, in any of which cases the license shall expire and |
| LC004143 - Page 170 of 226 |
1 | terminate and the holder shall immediately return the license to the tax administrator. |
2 | (b) Every holder of a dealer’s license shall annually, on or before February 1 of each year, |
3 | renew its license by filing an application for renewal along with a twenty-five dollar ($25.00) |
4 | renewal fee. The renewal license is valid for the period July 1 of that calendar year through June |
5 | 30 of the subsequent calendar year. |
6 | 44-20-8.2. Transactions only with licensed manufacturers, importers, distributors, |
7 | and dealers. |
8 | A manufacturer or importer may sell or distribute cigarettes and/or other tobacco products |
9 | and/or electronic nicotine-delivery system products to a person located or doing business within |
10 | this state, only if such person is a licensed importer or distributor. An importer may obtain cigarettes |
11 | and/or other tobacco products and/or electronic nicotine-delivery system products only from a |
12 | licensed manufacturer. A distributor may sell or distribute cigarettes and/or other tobacco products |
13 | and/or electronic nicotine-delivery system products to a person located or doing business within |
14 | this state, only if such person is a licensed distributor or dealer. A distributor may obtain cigarettes |
15 | and/or other tobacco products and/or electronic nicotine-delivery system products only from a |
16 | licensed manufacturer, importer, or distributor. A dealer may obtain cigarettes and/or other tobacco |
17 | products and/or electronic nicotine-delivery system products only from a licensed distributor. |
18 | 44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, and |
19 | pipe tobacco products, and electronic nicotine-delivery system products. |
20 | (a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, and pipe |
21 | tobacco products, and electronic nicotine-delivery system products sold, or held for sale in the state |
22 | by any person, the payment of the tax to be accomplished according to a mechanism established by |
23 | the administrator, division of taxation, department of revenue. The tax imposed by this section shall |
24 | be as follows: |
25 | (1) At the rate of eighty percent (80%) of the wholesale cost of other tobacco products, |
26 | cigars, pipe tobacco products, and smokeless tobacco other than snuff. |
27 | (2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of |
28 | cigars, the tax shall not exceed fifty cents ($.50) for each cigar. |
29 | (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like |
30 | rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight |
31 | as listed by the manufacturer; provided, however, that any product listed by the manufacturer as |
32 | having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 |
33 | ounces. |
34 | (4) Effective October 1, 2024, at the rate of eighty percent (80%) of the wholesale cost of |
| LC004143 - Page 171 of 226 |
1 | electronic nicotine-delivery system products as defined herein. |
2 | (i) Existing Inventory Floor Tax: For all electronic nicotine-delivery system products held |
3 | by licensed electronic nicotine-delivery system products retailers as of October 1, 2024: Each |
4 | person engaging in the business of selling electronic nicotine-delivery system products at retail in |
5 | this state shall pay a tax measured by the wholesale cost of electronic nicotine-delivery system |
6 | products held by the person in this state at 12:01 a.m. on October 1, 2024, and is computed at the |
7 | rate of eighty percent (80%) of the wholesale cost of electronic nicotine-delivery system products |
8 | on October 1, 2024. Each person subject to the payment of the tax imposed by this section shall, |
9 | on or before October 16, 2024, file a return, under oath or certified under the penalties of perjury, |
10 | with the administrator on forms furnished by him or her, showing wholesale cost of electronic |
11 | nicotine-delivery system products in that person’s possession in this state at 12:01 a.m. on October |
12 | 1, 2024, as described in this section, and the amount of tax due, and shall at the time of filing the |
13 | return pay the tax to the administrator. Failure to obtain forms shall not be an excuse for the failure |
14 | to make a return containing the information required by the administrator. |
15 | (ii) For all electronic nicotine-delivery system products sold by licensed electronic |
16 | nicotine-delivery system products distributors, manufacturers and/or importers in Rhode Island as |
17 | of October 1, 2024: any person engaging in the business of distributing at wholesale electronic |
18 | nicotine-delivery system products in this state shall pay a tax measured by the wholesale cost of |
19 | electronic nicotine-delivery system products computed at the rate of eighty percent (80%) of the |
20 | wholesale cost of electronic nicotine-delivery system products. |
21 | (iii) Exemptions. The provisions of this chapter shall not apply to any product used for |
22 | research purposes by a bona fide educational or governmental organization. |
23 | (b) Prior to October 1, 2024: Any dealer having in his or her possession any other tobacco |
24 | products with respect to the storage or use of which a tax is imposed by this section shall, within |
25 | five (5) days after coming into possession of the other tobacco products in this state, file a return |
26 | with the tax administrator in a form prescribed by the tax administrator. The return shall be |
27 | accompanied by a payment of the amount of the tax shown on the form to be due. Records required |
28 | under this section shall be preserved on the premises described in the relevant license in such a |
29 | manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized |
30 | personnel of the administrator. |
31 | Effective October 1, 2024, all other tobacco products, and electronic nicotine delivery |
32 | system products sold at wholesale in Rhode Island must be sold by a Rhode Island licensed |
33 | distributor, manufacturer or importer and purchases of other tobacco products and/or electronic |
34 | nicotine delivery system products from an unlicensed distributor, manufacturer or importer are |
| LC004143 - Page 172 of 226 |
1 | prohibited. Any other tobacco products and/or electronic nicotine delivery system products |
2 | purchased and/or obtained from an unlicensed person shall be subject to the terms of this chapter |
3 | including but not limited to section 44-20-15 and shall be taxed pursuant to section 44-20-13.2. |
4 | (c) The proceeds collected are paid into the general fund. |
5 | 44-20-15. Confiscation of contraband cigarettes, other tobacco products, electronic |
6 | nicotine-delivery system products, and other property. |
7 | (a) All cigarettes, and other tobacco products, and/or electronic nicotine-delivery system |
8 | products that are held for sale or distribution within the borders of this state in violation of the |
9 | requirements of this chapter or federal law are declared to be contraband goods and may be seized |
10 | by the tax administrator or his or her agents, or employees, or by any sheriff, or his or her deputy, |
11 | or any police officer when directed by the tax administrator to do so, without a warrant. All |
12 | contraband goods seized by the state under this chapter shall be destroyed. |
13 | (b) All fixtures, equipment, and all other materials and personal property on the premises |
14 | of any distributor or dealer who, with the intent to defraud the state, fails to keep or make any |
15 | record, return, report, or inventory; keeps or makes any false or fraudulent record, return, report, or |
16 | inventory required by this chapter; refuses to pay any tax imposed by this chapter; or attempts in |
17 | any manner to evade or defeat the requirements of this chapter shall be forfeited to the state. |
18 | 44-20-33. Sale of contraband cigarettes, or contraband other tobacco products or |
19 | contraband electronic nicotine-delivery system products prohibited. |
20 | No distributor shall sell, and no other person shall sell, offer for sale, display for sale, or |
21 | possess with intent to sell any contraband other tobacco products without written record of the |
22 | payment of tax imposed by this chapter, or contraband electronic nicotine-delivery system products |
23 | without written record of the payment of tax imposed by this chapter or contraband cigarettes, the |
24 | packages or boxes of which do not bear stamps evidencing the payment of the tax imposed by this |
25 | chapter. |
26 | 44-20-35. Penalties for violations as to unstamped contraband cigarettes, or |
27 | contraband other tobacco products or contraband electronic nicotine-delivery system |
28 | products. |
29 | (a) Any person who violates any provision of §§ 44-20-33 and 44-20-34 shall be fined or |
30 | imprisoned, or both fined and imprisoned, as follows: |
31 | (1) For a first offense in a twenty-four-month (24) period, fined not more than ten (10) |
32 | times the retail value of the contraband cigarettes, contraband electronic nicotine-delivery system |
33 | products, and/or contraband other tobacco products, or be imprisoned not more than one (1) year, |
34 | or be both fined and imprisoned; |
| LC004143 - Page 173 of 226 |
1 | (2) For a second or subsequent offense in a twenty-four-month (24) period, fined not more |
2 | than twenty-five (25) times the retail value of the contraband cigarettes, contraband electronic |
3 | nicotine-delivery system products, and/or contraband other tobacco products, or be imprisoned not |
4 | more than three (3) years, or be both fined and imprisoned. |
5 | (b) When determining the amount of a fine sought or imposed under this section, evidence |
6 | of mitigating factors, including history, severity, and intent shall be considered. |
7 | 44-20-40. Records — Investigation and inspection of books, premises and stock. |
8 | (a) Each manufacturer, importer, distributor and dealer shall maintain copies of invoices or |
9 | equivalent documentation for, or itemized for, each of its facilities for each transaction (other than |
10 | a retail transaction with a consumer) involving the sale, purchase, transfer, consignment, or receipt |
11 | of cigarettes, other tobacco products and electronic nicotine-delivery system products. The invoices |
12 | or documentation shall show the name and address of the other party and the quantity by brand |
13 | style of the cigarettes, other tobacco products and electronic nicotine-delivery system products |
14 | involved in the transaction. All records and invoices required under this section must be safely |
15 | preserved for three (3) years in a manner to insure permanency and accessibility for inspection by |
16 | the administrator or his or her authorized agents. |
17 | (b) Records required under this section shall be preserved on the premises described in the |
18 | relevant license in such a manner as to ensure permanency and accessibility for inspection at |
19 | reasonable hours by authorized personnel of the administrator. With the administrator’s permission, |
20 | persons with multiple places of business may retain centralized records, but shall transmit |
21 | duplicates of the invoices or the equivalent documentation to each place of business within twenty- |
22 | four (24) hours upon the request of the administrator or his or her designee. |
23 | (c) The administrator or his or her authorized agents may examine the books, papers, |
24 | reports and records of any manufacturer, importer, distributor or dealer in this state for the purpose |
25 | of determining whether taxes imposed by this chapter have been fully paid, and may investigate |
26 | the stock of cigarettes, other tobacco products and/or electronic nicotine-delivery system products |
27 | in or upon any premises for the purpose of determining whether the provisions of this chapter are |
28 | being obeyed. The administrator in his or her sole discretion may share the records and reports |
29 | required by such sections with law enforcement officials of the federal government or other states. |
30 | 44-20-40.1. Inspections. |
31 | (a) The administrator or his or her duly authorized agent shall have authority to enter and |
32 | inspect, without a warrant during normal business hours, and with a warrant during nonbusiness |
33 | hours, the facilities and records of any manufacturer, importer, distributor, or dealer. |
34 | (b) In any case where the administrator or his or her duly authorized agent, or any police |
| LC004143 - Page 174 of 226 |
1 | officer of this state, has knowledge or reasonable grounds to believe that any vehicle is transporting |
2 | cigarettes, or other tobacco products or electronic nicotine-delivery system products in violation of |
3 | this chapter, the administrator, such agent, or such police officer, is authorized to stop such vehicle |
4 | and to inspect the same for contraband cigarettes, or contraband other tobacco products or |
5 | contraband electronic nicotine-delivery system products. |
6 | 44-20-43. Violations as to reports and records. |
7 | Any person who fails to submit the reports required in this chapter or by the tax |
8 | administrator under this chapter, or who makes any incomplete, false, or fraudulent report, or who |
9 | refuses to permit the tax administrator or his or her authorized agent to examine any books, records, |
10 | papers, or stocks of cigarettes, or other tobacco products or electronic nicotine-delivery system |
11 | products as provided in this chapter, or who refuses to supply the tax administrator with any other |
12 | information which the tax administrator requests for the reasonable and proper enforcement of the |
13 | provisions of this chapter, shall be guilty of a misdemeanor punishable by imprisonment up to one |
14 | (1) year, or a fine of not more than five thousand dollars ($5,000), or both, for the first offense, and |
15 | for each subsequent offense, shall be fined not more than ten thousand dollars ($10,000), or be |
16 | imprisoned not more than five (5) years, or both. |
17 | 44-20-45. Importation of cigarettes, and/or other tobacco products, and/or electronic |
18 | nicotine-delivery system products with intent to evade tax. |
19 | Any person, firm, corporation, club, or association of persons who or that orders any |
20 | cigarettes, and/or other tobacco products, and/or electronic nicotine-delivery system products for |
21 | another; or pools orders for cigarettes, and/or other tobacco products, and/or electronic nicotine- |
22 | delivery system products from any persons; or conspires with others for pooling orders; or receives |
23 | in this state any shipment of contraband cigarettes, and/or contraband other tobacco products, |
24 | and/or electronic nicotine-delivery system products on which the tax imposed by this chapter has |
25 | not been paid, for the purpose and intention of violating the provisions of this chapter or to avoid |
26 | payment of the tax imposed in this chapter, is guilty of a felony and shall be fined one hundred |
27 | thousand dollars ($100,000) or five (5) times the retail value of the cigarettes, other tobacco |
28 | products, and/or electronic nicotine-delivery system products involved, whichever is greater, or |
29 | imprisoned not more than fifteen (15) years, or both. |
30 | 44-20-47. Hearings by tax administrator. |
31 | Any person aggrieved by any action under this chapter of the tax administrator or his or |
32 | her authorized agent for which a hearing is not elsewhere provided may apply to the tax |
33 | administrator, in writing, within thirty (30) days of the action for a hearing, stating the reasons why |
34 | the hearing should be granted and the manner of relief sought. The tax administrator shall notify |
| LC004143 - Page 175 of 226 |
1 | the applicant of the time and place fixed for the hearing. After the hearing, the tax administrator |
2 | may make the order in the premises as may appear to the tax administrator just and lawful and shall |
3 | furnish a copy of the order to the applicant. The tax administrator may, by notice in writing, at any |
4 | time, order a hearing on his or her own initiative and require the taxpayer or any other individual |
5 | whom the tax administrator believes to be in possession of information concerning any |
6 | manufacture, importation, or sale of cigarettes, other tobacco products, and/or electronic nicotine- |
7 | delivery system products to appear before the tax administrator or his or her authorized agent with |
8 | any specific books of account, papers, or other documents, for examination relative to the hearing. |
9 | 44-20-51.1. Civil penalties. |
10 | (a) Whoever omits, neglects, or refuses to comply with any duty imposed upon him/her by |
11 | this chapter, or to do, or cause to be done, any of the things required by this chapter, or does |
12 | anything prohibited by this chapter, shall, in addition to any other penalty provided in this chapter, |
13 | be liable as follows: |
14 | (1) For a first offense in a twenty-four-month (24) period, a penalty of not more than ten |
15 | (10) times the retail value of the cigarettes, and/or other tobacco products and/or electronic nicotine- |
16 | delivery system products involved; and |
17 | (2) For a second or subsequent offense in a twenty-four-month (24) period, a penalty of |
18 | not more than twenty-five (25) times the retail value of the cigarettes, and/or other tobacco products |
19 | and/or contraband electronic nicotine-delivery system products involved. |
20 | (b) Whoever omits, neglects, or refuses to comply with any duty imposed upon him/her by |
21 | this chapter, or to do, or cause to be done, any of the things required by this chapter, or does |
22 | anything prohibited by this chapter, fails to pay any tax imposed by this chapter at the time |
23 | prescribed by law or regulations, shall, in addition to any other penalty provided in this chapter, be |
24 | liable for a penalty of one thousand dollars ($1,000) or not more than five (5) times the tax due but |
25 | unpaid, whichever is greater. |
26 | (c) When determining the amount of a penalty sought or imposed under this section, |
27 | evidence of mitigating or aggravating factors, including history, severity, and intent, shall be |
28 | considered. |
29 | SECTION 18. Effective October 1, 2024, Chapter 44-20 of the General Laws entitled |
30 | "Cigarette and Other Tobacco Products Tax" is hereby amended by adding thereto the following |
31 | sections: |
32 | 44-20-60. Exemption of sales of certain electronic nicotine-delivery system products. |
33 | Notwithstanding any provision of the general or public laws to the contrary, the sale of |
34 | electronic nicotine-delivery system products are exempted from the taxes imposed by this chapter |
| LC004143 - Page 176 of 226 |
1 | if they are subject to the taxes imposed by chapter 28.11 of title 21 and chapter 70 of this title. |
2 | 44-20-61. Product restrictions on electronic nicotine-delivery system products. |
3 | (a) For purposes of this section, the following terms shall have the following meanings: |
4 | (1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or |
5 | aroma of tobacco, distinguishable by an ordinary consumer, imparted either prior to, or during, |
6 | consumption of an electronic nicotine-delivery system product or component part thereof, |
7 | including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen, |
8 | chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice or which impart |
9 | a cooling or numbing sensation. The determination of whether an electronic nicotine-delivery |
10 | system product has a characterizing flavor shall not be based solely on the use of additives, |
11 | flavorings, or particular ingredients, but shall instead consider all aspects of a final product |
12 | including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements. |
13 | A flavor shall be presumed to be a characterizing flavor if a dealer, manufacturer, or distributor has |
14 | made a statement or claim directed to consumers or the public about such flavor, whether expressed |
15 | or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco). |
16 | (2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine- |
17 | delivery system product that imparts a characterizing flavor. |
18 | (b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, |
19 | flavored electronic nicotine-delivery system products to consumers within the State of Rhode |
20 | Island is hereby prohibited. Compassion centers and licensed cultivators registered with the State |
21 | of Rhode Island Department of Business Regulations- Office of Cannabis Regulation under chapter |
22 | 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or |
23 | are derived from tobacco or nicotine, natural or synthetic. |
24 | 44-20-62. Disclosure of information-electronic nicotine-delivery system products |
25 | licensees. |
26 | The department of health shall disclose to the tax administrator all information regarding |
27 | persons and entities who hold, or previously held, a license issued pursuant to § 23-1-56. |
28 | SECTION 19. Effective October 1, 2024, Section 44-20-6 of the General Laws in Chapter |
29 | 44-20 entitled "Cigarette and Other Tobacco Products Tax" is hereby repealed. |
30 | 44-20-6. Expiration and renewal of distributors’ licenses. |
31 | Each distributor’s license issued under the provisions of § 44-20-4 expires at midnight on |
32 | May 31 next succeeding the date of issuance, unless sooner revoked by the tax administrator, as |
33 | provided in § 44-20-8, or unless the business with respect to which the license was issued changes |
34 | ownership, in either of which cases the holder of the license shall immediately return it to the tax |
| LC004143 - Page 177 of 226 |
1 | administrator. The holder of each license may, annually, before the expiration date of the license |
2 | then held by the licensee, renew his or her license for a further period of one year, on application |
3 | accompanied by the fee prescribed in § 44-20-4. |
4 | SECTION 20. Effective October 1, 2024, Sections 44-20.1-3 of the General Laws in |
5 | Chapter 44-20.1 entitled "Delivery Sales of Cigarettes" is hereby amended to read as follows: |
6 | 44-20.1-3. Age Verification requirements. |
7 | (a) No person, including but not limited to online retailers, shall mail, ship, or otherwise |
8 | deliver cigarettes, other tobacco products, or electronic nicotine delivery systems in connection |
9 | with a delivery sale unless such person prior to the first delivery sale to such consumer: |
10 | (1) Obtains from the prospective consumer a certification that includes: |
11 | (i) A reliable confirmation that the consumer is at least the legal minimum purchase age; |
12 | and |
13 | (ii) A statement signed by the prospective consumer in writing that certifies the prospective |
14 | consumer’s address and that the consumer is at least eighteen twenty-one (1821) years of age. Such |
15 | statement shall also confirm: |
16 | (A) That the prospective consumer understands that signing another person’s name to such |
17 | certification is illegal; |
18 | (B) That the sale of cigarettes to individuals under the legal minimum purchase age is |
19 | illegal; |
20 | (C) That the purchase of cigarettes by individuals under the legal minimum purchase age |
21 | is illegal under the laws of the state; and |
22 | (D) That the prospective consumer wants to receive mailings from a tobacco company; |
23 | (2) Makes a good faith effort to verify the information contained in the certification |
24 | provided by the prospective consumer pursuant to subsection (1) against a commercially available |
25 | database, or obtains a photocopy or other image of the valid, government-issued identification |
26 | stating the date of birth or age of the individual placing the order; |
27 | (3) Provides to the prospective consumer, via e-mail or other means, a notice that meets |
28 | the requirements of § 44-20.1-4; and |
29 | (4) In the case of an order for cigarettes pursuant to an advertisement on the Internet, |
30 | receives payment for the delivery sale from the prospective consumer by a credit or debit card that |
31 | has been issued in such consumer’s name or by check. |
32 | (b) Persons accepting purchase orders for delivery sales may request that the prospective |
33 | consumers provide their e-mail addresses. |
34 | (c) The division of taxation, in consultation with the department of health, may promulgate |
| LC004143 - Page 178 of 226 |
1 | rules and regulations pertaining to this section. |
2 | SECTION 21. Effective January 1, 2025, Section 44-23-1 of the General Laws in Chapter |
3 | 44-23 entitled "Estate and Transfer Taxes – Enforcement and Collection" is hereby amended to |
4 | read as follows: |
5 | 44-23-1. Statements filed by executors, administrators and heirs-at-law. |
6 | (a) Every executor, administrator, and heir-at-law, within nine (9) months after the death |
7 | of the decedent, shall file with the tax administrator a statement under oath showing the full and |
8 | fair cash value of the estate, the amounts paid out from the estate for claims, expenses, charges, and |
9 | fees, and the statement shall also provide the names and addresses of all persons entitled to take |
10 | any share or interest of the estate as legatees or distributees of the estate. |
11 | (b) For estates of decedents with a date of death prior to January 1, 2025, A a fee of fifty |
12 | dollars ($50.00) is shall be paid when filing any statement required by this section. All fees received |
13 | under this section are allocated to the tax administrator for enforcement and collection of taxes. |
14 | (c) For estates of decedents with a date of death on or after January 1, 2025, no fee shall be |
15 | paid when filing any statement required by this section. |
16 | SECTION 22. Effective January 1, 2025, Section 44-30-12 of the General Laws in Chapter |
17 | 44-30 entitled "Personal Income Tax; Part II; Residents" is hereby amended to read as follows: |
18 | 44-30-12. Rhode Island income of a resident individual. |
19 | (a) General. The Rhode Island income of a resident individual means his or her adjusted |
20 | gross income for federal income tax purposes, with the modifications specified in this section. |
21 | (b) Modifications increasing federal adjusted gross income. There shall be added to federal |
22 | adjusted gross income: |
23 | (1) Interest income on obligations of any state, or its political subdivisions, other than |
24 | Rhode Island or its political subdivisions; |
25 | (2) Interest or dividend income on obligations or securities of any authority, commission, |
26 | or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the |
27 | extent exempted by the laws of the United States from federal income tax but not from state income |
28 | taxes; |
29 | (3) The modification described in § 44-30-25(g); |
30 | (4)(i) The amount defined below of a nonqualified withdrawal made from an account in |
31 | the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified |
32 | withdrawal is: |
33 | (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal |
34 | Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57- |
| LC004143 - Page 179 of 226 |
1 | 6.1; and |
2 | (B) A withdrawal or distribution that is: |
3 | (I) Not applied on a timely basis to pay “qualified higher education expenses” as defined |
4 | in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made; |
5 | (II) Not made for a reason referred to in § 16-57-6.1(e); or |
6 | (III) Not made in other circumstances for which an exclusion from tax made applicable by |
7 | Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover, |
8 | withdrawal, or distribution is made within two (2) taxable years following the taxable year for |
9 | which a contributions modification pursuant to subsection (c)(4) of this section is taken based on |
10 | contributions to any tuition savings program account by the person who is the participant of the |
11 | account at the time of the contribution, whether or not the person is the participant of the account |
12 | at the time of the transfer, rollover, withdrawal or distribution; |
13 | (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B) |
14 | of this section, there shall be added to the federal adjusted gross income of that person for the |
15 | taxable year of the withdrawal an amount equal to the lesser of: |
16 | (A) The amount equal to the nonqualified withdrawal reduced by the sum of any |
17 | administrative fee or penalty imposed under the tuition savings program in connection with the |
18 | nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the |
19 | person’s federal adjusted gross income for the taxable year; and |
20 | (B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of |
21 | this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less |
22 | the amount of any nonqualified withdrawal for the two (2) prior taxable years included in |
23 | computing the person’s Rhode Island income by application of this subsection for those years. Any |
24 | amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode |
25 | Island income for residents, nonresidents and part-year residents; |
26 | (5) The modification described in § 44-30-25.1(d)(3)(i); |
27 | (6) The amount equal to any unemployment compensation received but not included in |
28 | federal adjusted gross income; |
29 | (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a |
30 | qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and |
31 | (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck |
32 | Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus |
33 | Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or |
34 | any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount |
| LC004143 - Page 180 of 226 |
1 | of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount |
2 | of a pass-through entity’s loan forgiveness in excess of $250,000. |
3 | (c) Modifications reducing federal adjusted gross income. There shall be subtracted from |
4 | federal adjusted gross income: |
5 | (1) Any interest income on obligations of the United States and its possessions to the extent |
6 | includible in gross income for federal income tax purposes, and any interest or dividend income on |
7 | obligations, or securities of any authority, commission, or instrumentality of the United States to |
8 | the extent includible in gross income for federal income tax purposes but exempt from state income |
9 | taxes under the laws of the United States; provided, that the amount to be subtracted shall in any |
10 | case be reduced by any interest on indebtedness incurred or continued to purchase or carry |
11 | obligations or securities the income of which is exempt from Rhode Island personal income tax, to |
12 | the extent the interest has been deducted in determining federal adjusted gross income or taxable |
13 | income; |
14 | (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1); |
15 | (3) The amount of any withdrawal or distribution from the “tuition savings program” |
16 | referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal |
17 | or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal; |
18 | (4) Contributions made to an account under the tuition savings program, including the |
19 | “contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the |
20 | following limitations, restrictions and qualifications: |
21 | (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the |
22 | taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint |
23 | return; |
24 | (ii) The following shall not be considered contributions: |
25 | (A) Contributions made by any person to an account who is not a participant of the account |
26 | at the time the contribution is made; |
27 | (B) Transfers or rollovers to an account from any other tuition savings program account or |
28 | from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26 |
29 | U.S.C. § 529; or |
30 | (C) A change of the beneficiary of the account; |
31 | (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal |
32 | adjusted gross income to less than zero (0); |
33 | (iv) The contributions carryover to a taxable year for purpose of this subdivision is the |
34 | excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition |
| LC004143 - Page 181 of 226 |
1 | savings program for all preceding taxable years for which this subsection is effective over the sum |
2 | of: |
3 | (A) The total of the subtractions under this subdivision allowable to the taxpayer for all |
4 | such preceding taxable years; and |
5 | (B) That part of any remaining contribution carryover at the end of the taxable year which |
6 | exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable |
7 | years not included in the addition provided for in this subdivision for those years. Any such part |
8 | shall be disregarded in computing the contributions carryover for any subsequent taxable year; |
9 | (v) For any taxable year for which a contributions carryover is applicable, the taxpayer |
10 | shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax |
11 | return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a |
12 | joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a |
13 | subsequent taxable year, the computation shall reflect how the carryover is being allocated between |
14 | the prior joint filers; |
15 | (5) The modification described in § 44-30-25.1(d)(1); |
16 | (6) Amounts deemed taxable income to the taxpayer due to payment or provision of |
17 | insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or |
18 | other coverage plan; |
19 | (7) Modification for organ transplantation. |
20 | (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted |
21 | gross income if he or she, while living, donates one or more of his or her human organs to another |
22 | human being for human organ transplantation, except that for purposes of this subsection, “human |
23 | organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract |
24 | modification that is claimed hereunder may be claimed in the taxable year in which the human |
25 | organ transplantation occurs. |
26 | (ii) An individual may claim that subtract modification hereunder only once, and the |
27 | subtract modification may be claimed for only the following unreimbursed expenses that are |
28 | incurred by the claimant and related to the claimant’s organ donation: |
29 | (A) Travel expenses. |
30 | (B) Lodging expenses. |
31 | (C) Lost wages. |
32 | (iii) The subtract modification hereunder may not be claimed by a part-time resident or a |
33 | nonresident of this state; |
34 | (8) Modification for taxable Social Security income. |
| LC004143 - Page 182 of 226 |
1 | (i) For tax years beginning on or after January 1, 2016: |
2 | (A) For a person who has attained the age used for calculating full or unreduced Social |
3 | Security retirement benefits who files a return as an unmarried individual, head of household, or |
4 | married filing separate whose federal adjusted gross income for the taxable year is less than eighty |
5 | thousand dollars ($80,000); or |
6 | (B) A married individual filing jointly or individual filing qualifying widow(er) who has |
7 | attained the age used for calculating full or unreduced Social Security retirement benefits whose |
8 | joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars |
9 | ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross |
10 | income. |
11 | (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and |
12 | (c)(8)(i)(B) of this section shall be increased annually by an amount equal to: |
13 | (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this |
14 | section adjusted for inflation using a base tax year of 2000, multiplied by; |
15 | (B) The cost-of-living adjustment with a base year of 2000. |
16 | (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is |
17 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds |
18 | the consumer price index for the base year. The consumer price index for any calendar year is the |
19 | average of the consumer price index as of the close of the twelve-month (12) period ending on |
20 | August 31, of such calendar year. |
21 | (iv) For the purpose of this section the term “consumer price index” means the last |
22 | consumer price index for all urban consumers published by the department of labor. For the purpose |
23 | of this section the revision of the consumer price index which is most consistent with the consumer |
24 | price index for calendar year 1986 shall be used. |
25 | (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), |
26 | such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a |
27 | married individual filing separate return, if any increase determined under this section is not a |
28 | multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple |
29 | of twenty-five dollars ($25.00); |
30 | (9) Modification of taxable retirement income from certain pension plans or annuities. |
31 | (i) For tax years beginning on or after January 1, 2017, until the tax year beginning January |
32 | 1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax |
33 | years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, a |
34 | modification shall be allowed for up to twenty thousand dollars ($20,000), and for tax years |
| LC004143 - Page 183 of 226 |
1 | beginning on or after January 1, 2025, a modification shall be allowed for up to fifty thousand |
2 | dollars ($50,000), of taxable pension and/or annuity income that is included in federal adjusted |
3 | gross income for the taxable year: |
4 | (A) For a person who has attained the age used for calculating full or unreduced Social |
5 | Security retirement benefits who files a return as an unmarried individual, head of household, or |
6 | married filing separate whose federal adjusted gross income for such taxable year is less than the |
7 | amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not |
8 | to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning |
9 | January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years |
10 | beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, and an amount |
11 | not to exceed fifty thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, |
12 | of taxable pension and/or annuity income includible in federal adjusted gross income; or |
13 | (B) For a married individual filing jointly or individual filing qualifying widow(er) who |
14 | has attained the age used for calculating full or unreduced Social Security retirement benefits whose |
15 | joint federal adjusted gross income for such taxable year is less than the amount used for the |
16 | modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000 |
17 | for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022, |
18 | and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after |
19 | January 1, 2023, until the tax year beginning January 1, 2024, and an amount not to exceed fifty |
20 | thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension |
21 | and/or annuity income includible in federal adjusted gross income. |
22 | (ii) Adjustment for inflation. The dollar amount contained by reference in subsections |
23 | (c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on |
24 | or after January 1, 2018, by an amount equal to: |
25 | (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B) |
26 | of this section adjusted for inflation using a base tax year of 2000, multiplied by; |
27 | (B) The cost-of-living adjustment with a base year of 2000. |
28 | (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is |
29 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds |
30 | the consumer price index for the base year. The consumer price index for any calendar year is the |
31 | average of the consumer price index as of the close of the twelve-month (12) period ending on |
32 | August 31, of such calendar year. |
33 | (iv) For the purpose of this section, the term “consumer price index” means the last |
34 | consumer price index for all urban consumers published by the department of labor. For the purpose |
| LC004143 - Page 184 of 226 |
1 | of this section, the revision of the consumer price index which is most consistent with the consumer |
2 | price index for calendar year 1986 shall be used. |
3 | (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00), |
4 | such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a |
5 | married individual filing a separate return, if any increase determined under this section is not a |
6 | multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple |
7 | of twenty-five dollars ($25.00). |
8 | (vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by |
9 | reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in |
10 | subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in |
11 | subsection (c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection |
12 | (c)(8)(i)(B), as adjusted for inflation; |
13 | (10) Modification for Rhode Island investment in opportunity zones. For purposes of a |
14 | taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by |
15 | the taxpayer for at least seven (7) years, a modification to income shall be allowed for the |
16 | incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and |
17 | the federal benefit allowed under 26 U.S.C. § 1400Z-2(c); |
18 | (11) Modification for military service pensions. |
19 | (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed |
20 | as follows: |
21 | (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal |
22 | adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted |
23 | gross income; |
24 | (ii) As used in this subsection, the term “military service” shall have the same meaning as |
25 | set forth in 20 C.F.R. § 212.2; |
26 | (iii) At no time shall the modification allowed under this subsection alone or in conjunction |
27 | with subsection (c)(9) exceed the amount of the military service pension received in the tax year |
28 | for which the modification is claimed; and |
29 | (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in |
30 | gross income for federal tax purposes.; and |
31 | (13) For tax years beginning on or after January 1, 2025, in the case of a taxpayer that is |
32 | licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any |
33 | expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under |
34 | 26 U.S.C. § 280E. |
| LC004143 - Page 185 of 226 |
1 | (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or |
2 | subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as |
3 | beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44- |
4 | 30-17. |
5 | (e) Partners. The amounts of modifications required to be made under this section by a |
6 | partner, which relate to items of income or deduction of a partnership, shall be determined under § |
7 | 44-30-15. |
8 | SECTION 23. Section 44-34.1-2 of the General Laws in Chapter 44-34.1 entitled “Motor |
9 | Vehicle and Trailer Excise Tax Elimination Act of 1998” is hereby amended to read as follows: |
10 | 44-34.1-2. City, town, and fire district reimbursement. |
11 | (a) In fiscal years 2024 and thereafter, cities, towns, and fire districts shall receive |
12 | reimbursements, as set forth in this section, from state general revenues equal to the amount of lost |
13 | tax revenue due to the phase out of the excise tax. When the tax is phased out, cities, towns, and |
14 | fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-18 in |
15 | an amount equal to any lost revenue resulting from the excise tax elimination. |
16 | (b)(1) In fiscal year years 2024 and thereafter, cities, towns, and fire districts shall receive |
17 | the following reimbursement amounts: |
18 | Barrington $ 5,894,822 |
19 | Bristol $ 2,905,818 |
20 | Burrillville $ 5,053,933 |
21 | Central Falls $ 2,077,974 |
22 | Charlestown $ 1,020,877 |
23 | Coventry $ 5,872,396 |
24 | Cranston $ 22,312,247 |
25 | Cumberland $ 6,073,469 |
26 | East Greenwich $ 2,417,332 |
27 | East Providence $ 11,433,479 |
28 | Exeter $ 2,241,381 |
29 | Foster $ 1,652,251 |
30 | Glocester $ 2,381,941 |
31 | Hopkinton $ 1,629,259 |
32 | Jamestown $ 622,793 |
33 | Johnston $ 10,382,785 |
34 | Lincoln $ 5,683,015 |
| LC004143 - Page 186 of 226 |
1 | Little Compton $ 366,775 |
2 | Middletown $ 1,976,448 |
3 | Narragansett $ 1,831,251 |
4 | Newport $ 2,223,671 |
5 | New Shoreham $ 163,298 |
6 | North Kingstown $ 5,378,818 |
7 | North Providence $ 9,619,286 |
8 | North Smithfield $ 4,398,531 |
9 | Pawtucket $ 16,495,506 |
10 | Portsmouth $ 2,414,242 |
11 | Providence $ 34,131,596 |
12 | Richmond $ 1,448,455 |
13 | Scituate $ 1,977,127 |
14 | Smithfield $ 7,098,694 |
15 | South Kingstown $ 3,930,455 |
16 | Tiverton $ 1,748,175 |
17 | Warren $ 2,090,911 |
18 | Warwick $ 25,246,254 |
19 | Westerly $ 5,765,523 |
20 | West Greenwich $ 1,331,725 |
21 | West Warwick $ 5,673,744 |
22 | Woonsocket $ 9,324,776 |
23 | Lime Rock Fire District $ 133,933 |
24 | Lincoln Fire District $ 208,994 |
25 | Manville Fire District $ 64,862 |
26 | Quinnville Fire District $ 13,483 |
27 | (2) In fiscal year 2024, funds shall be distributed to the cities, towns, and fire districts as |
28 | follows: |
29 | (i) On August 1, 2023, twenty-five percent (25%) of the funds. |
30 | (ii) On November 1, 2023, twenty-five percent (25%) of the funds. |
31 | (iii) On February 1, 2024, twenty-five percent (25%) of the funds. |
32 | (iv) On May 1, 2024, twenty-five percent (25%) of the funds. |
33 | The funds shall be distributed to each city, town, and fire district in the same proportion as |
34 | distributed in fiscal year 2023. |
| LC004143 - Page 187 of 226 |
1 | (3) For the city of East Providence, the payment schedule is twenty-five percent (25%) on |
2 | November 1, 2023, twenty-five percent (25%) on February 1, 2024, twenty-five percent (25%) on |
3 | May 1, 2024, and twenty-five percent (25%) on August 1, 2024. |
4 | (4) On any of the payment dates specified in subsections (b)(2)(i) through (b)(2)(iv) or |
5 | (b)(3) of this section, the director of revenue is authorized to deduct previously made over- |
6 | payments or add supplemental payments as may be required to bring the reimbursements into full |
7 | compliance with the requirements of this chapter. |
8 | (c) When the tax is phased out to August 1, of the following fiscal year the director of |
9 | revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of |
10 | sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to |
11 | the amount of funds distributed to the cities, towns, and fire districts under this chapter during the |
12 | fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year |
13 | following the phase-out received by each city, town, and fire district, calculated to the nearest one- |
14 | hundredth of one percent (0.01%). The director of the department of revenue shall transmit those |
15 | calculations to the governor, the speaker of the house, the president of the senate, the chairperson |
16 | of the house finance committee, the chairperson of the senate finance committee, the house fiscal |
17 | advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for |
18 | the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to |
19 | the cities, towns, and fire districts under this chapter for the second fiscal year following the phase- |
20 | out and each year thereafter. The cities, towns, and fire districts shall receive that amount of sales |
21 | tax in the proportions calculated by the director of revenue as that received in the fiscal year |
22 | following the phase-out. |
23 | (d) (c) In fiscal years 2025 and thereafter, twenty-five percent (25%) of the funds shall be |
24 | distributed to the cities, towns, and fire districts on August 1, 2024, and every August 1 thereafter; |
25 | twenty-five percent (25%) shall be distributed on November 1, 2024, and every November 1 |
26 | thereafter; twenty-five percent (25%) shall be distributed on February 1, 2025, and every February |
27 | 1 thereafter; and twenty-five percent (25%) shall be distributed on May 1, 2025, and every May 1 |
28 | thereafter. |
29 | (e) (d) For the city of East Providence, in fiscal years 2025 and thereafter, twenty-five |
30 | percent (25%) shall be distributed on November 1, 2024, and every November 1 thereafter, twenty- |
31 | five percent (25%) shall be distributed on February 1, 2025, and every February 1 thereafter; |
32 | twenty-five percent (25%) shall be distributed on May 1, 2025, and every May 1 thereafter; and |
33 | twenty-five percent (25%) of the funds shall be distributed on August 1, 2025, and every August 1 |
34 | thereafter. |
| LC004143 - Page 188 of 226 |
1 | SECTION 24. Effective January 1, 2025, Sections 46-12-39.1, 46-12-40 and 46-12-41 of |
2 | the General Laws in Chapter 46-12 entitled “Water Pollution” is hereby amended to read as follows: |
3 | 46-12-39.1. No discharge awareness and education certificate decal - Required. |
4 | (a) Definitions. As used in this section and in conjunction with this chapter, the following |
5 | terms shall be construed as follows: |
6 | (1) “Certification agent” means a marina or boatyard which is capable of installing sewage |
7 | disposal holding tanks and related equipment; a certified marine sewage pump-out facility, |
8 | including a mobile facility; other established marine businesses, included, but not limited to, marine |
9 | surveyors and mobile marine repair facilities, that are experienced in the evaluation, repair and/or |
10 | installation of boat sewage systems; and local harbor masters and assistant harbor masters. “Marine |
11 | sanitation device” means either a marine sanitation device-type I, a marine sanitation device-type |
12 | II, or a marine sanitation device-type III with a holding tank and through-hull fitting that would |
13 | allow sewage to be discharged overboard. |
14 | (b) No person shall operate or moor for more than thirty (30) days, a boat in the waters of |
15 | the state, that has a permanently installed marine toilet unless such boat displays in a prominent |
16 | position an approved “no discharge certificate decal.” At the time of registration, a boat owner shall |
17 | be provided with educational material notifying them that, if the recipient boat has a marine |
18 | sanitation device, the marine sanitation device must be properly secured in a manner that prevents |
19 | overboard discharges when operating in Rhode Island waters consistent with R.I. Gen. Laws § 46- |
20 | 12-39. |
21 | (c) Subsection 45-12-39.1(b) shall not apply to any vessel carrying a valid certificate of |
22 | inspection issued by the U.S. Coast Guard pursuant to title 46 of the U.S. Code. |
23 | (d) Two (2) no discharge certificate decals, differing in color, shall be made available by |
24 | the department of environmental management for issuance to boats subject to the requirements of |
25 | this section. |
26 | (1) Decals of one color shall signify that the recipient boat has a marine toilet, in proper |
27 | working order, which is either a marine sanitation device-type I, a marine sanitation device-type II, |
28 | or a marine sanitation device-type III with a holding tank and through-hull fitting that would allow |
29 | sewage to be discharged overboard, but the boat owner or operator had taken the steps necessary |
30 | to prevent the discharge of sewage into the waters of the state. |
31 | (2) Decals of the other color shall signify that the recipient boat either has a marine |
32 | sanitation device-type III with a holding tank and no through-hull fitting that would allow sewage |
33 | to be discharged overboard, or no marine toilet at all. |
34 | (e) Certification shall remain in effect for forty-eight (48) months after each certification, |
| LC004143 - Page 189 of 226 |
1 | and no additional certification shall be required during that period. |
2 | (f) The department of environmental management shall collect and deposit into a separate |
3 | general revenue account a fee of ten dollars ($10.00) for each certificate to defray the cost of |
4 | implementation of this section. |
5 | (g) Certificate decals may be obtained from any certification agent. |
6 | (h) Before a certificate decal may be issued, a certification agent must visually inspect each |
7 | permanently installed marine toilet on a boat, as well as any associated plumbing or holding tank |
8 | fixtures, to ascertain whether the boat is in compliance with § 46-12-39. If necessary, the |
9 | certification agent shall perform a color-dye flush test of each toilet to verify compliance. |
10 | (i) For inspections conducted pursuant to this section, certification agents may collect and |
11 | retain a fee, not to exceed twenty-five dollars ($25.00) for each permanently installed marine toilet |
12 | aboard each boat. This fee shall be in addition to the minimum ten dollar ($10.00) fee for each |
13 | decal issued, which certification agents shall collect and forward to the department of |
14 | environmental management pursuant to subsection (f) above. |
15 | 46-12-40. Penalty for violations. |
16 | (a) Every person in violation of § 46-12-39 or owning, operating or causing to be operated, |
17 | upon the waters of the state, a boat in violation of the provisions of § 46-12-39 or aiding in so doing, |
18 | shall for the first offense be punished by a fine of not more than five hundred dollars ($500), or be |
19 | imprisoned for not more than one year in the adult correctional institutions, or both such fine and |
20 | imprisonment, and for a second and each subsequent offense shall be fined not more than one |
21 | thousand dollars ($1,000), or be imprisoned for not more than one year in the adult correctional |
22 | institutions, or both such fine and imprisonment, in the discretion of the court. If a municipality |
23 | assists in the prosecution of a violation of § 46-12-39 any fine imposed for that violation shall be |
24 | paid one-half (½) thereof to the general treasurer of the state and one-half (½) thereof to the |
25 | treasurer of the town or city where the offense occurred. |
26 | (b) Every person in violation of § 46-12-39.1, or owning, operating or causing to be |
27 | operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39.1, shall |
28 | be guilty of a civil violation and subject to a fine of up to one hundred dollars ($100). If a |
29 | municipality assists in the prosecution of a violation of § 46-12-39.1, any fine imposed for that |
30 | violation shall be paid one-half (½) thereof to the general treasurer of the state and one-half (½) |
31 | thereof to the treasurer of the town or city where the offense occurred. |
32 | (cb) Notwithstanding any inconsistent provision of law, the municipal court shall have |
33 | concurrent jurisdiction with the district court to hear and adjudicate violations under this section. |
34 | 46-12-41. Enforcement. |
| LC004143 - Page 190 of 226 |
1 | (a) The department of environmental management, harbormasters, assistant harbormasters, |
2 | police officers authorized to make arrests, and employees of the department of environmental |
3 | management authorized to enforce the provisions of chapter 22 of this title shall have the authority |
4 | to enforce the provisions of § 46-12-39 and § 46-12-39.1. In the exercise of enforcing the provisions |
5 | of § 46-12-39 they shall have the authority to stop and board any vessel subject to this chapter, |
6 | regardless of whether the vessel is under way, making way, docked, or moored. |
7 | (b) Harbormasters and assistant harbormasters are authorized to make periodic color dye |
8 | flush tests of boats subject to § 46-12-39.1, and may check such boats moored in their jurisdictions |
9 | for no discharge certificate decals, as required pursuant to § 46-12-39.1 compliance with § 46-12- |
10 | 39. |
11 | (c) Municipalities of the state may deny a mooring permit to any boat not in compliance |
12 | with § 46-12-39.1 46-12-39. |
13 | SECTION 25. All sections shall take effect upon passage, except for Sections 14 and 15 |
14 | which shall be effective September 1, 2024, and Sections 6, 16, 17, 18, 19, and 20, which shall be |
15 | effective October 1, 2024, and Sections 8, 9, 12, 13, 21, 22, and 24, which shall be effective on |
16 | January 1, 2025. |
| LC004143 - Page 191 of 226 |
1 | ARTICLE 7 |
2 | RELATING TO ECONOMIC DEVELOPMENT |
3 | SECTION 1. Sections 42-64.16-2 and 42-64.16-3 of the General Laws in Chapter 64.16 |
4 | entitled “The Innovate Rhode Island Small Business Program” are hereby amended to read as |
5 | follows: |
6 | 42-64.16-2. Establishment of matching funds program. |
7 | (a) There is established the Rhode Island SBIR/STTR Matching Funds Program to be |
8 | administered by STAC. In order to foster job creation and economic development in the state, |
9 | STAC may provide grants to eligible businesses to match funds received by a business as a SBIR |
10 | or STTR Phase I or II award, and to encourage businesses to apply for further SBIR or STTR |
11 | awards, and commercialize their technology and research. |
12 | (b) Eligibility. In order to be eligible for a grant under this section, a business must satisfy |
13 | all of the following conditions: |
14 | (1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer |
15 | employees. For the purposes of this section, Rhode Island-based business is one that has its |
16 | principal place of business and at least fifty-one percent (51%) of its employees residing in this |
17 | state. |
18 | (2) The business must have received an SBIR/STTR Phase I award from a participating |
19 | federal agency in response to a specific federal solicitation. To receive the full Phase I matching |
20 | grant, the business must also have submitted a final Phase I report, demonstrated that the sponsoring |
21 | agency has interest in the Phase II proposal, and submitted a Phase II proposal to the agency. To |
22 | receive the full Phase II matching grant, the business must also have submitted a final Phase II |
23 | report. |
24 | (3) The business must satisfy all federal SBIR/STTR requirements. |
25 | (4) The business shall not receive concurrent funding support from other sources that |
26 | duplicates the purpose of this section. |
27 | (5) For a Phase I and II matching grant, the business must certify that at least fifty-one |
28 | percent (51%) of the research described in the federal SBIR/STTR Phase I, II and any further |
29 | SBIR/STTR proposals and commercialization will be conducted in this state and that the business |
30 | will remain a Rhode Island-based business for the duration of the SBIR/STTR Phase I, II any |
31 | further SBIR/STTR projects and commercialization. |
32 | (6) For a Phase I and II matching grant, the business must demonstrate its ability to conduct |
33 | research in its SBIR/STTR Phase II proposal. |
34 | (7) For a Phase III commercialization grant, the business must have completed their Phase |
| LC004143 - Page 192 of 226 |
1 | II SBIR/STTR award and submitted a final Phase II report. |
2 | (8) For a Phase III commercialization grant, the business must certify that at least fifty-one |
3 | percent (51%) of the research described in the Phase III application and any other further |
4 | SBIR/STTR proposals and commercialization will be conducted in this state and that the business |
5 | will remain a Rhode Island-based business, as defined by Rhode Island General Law 42-64.16- |
6 | 2(b)(1) for at least five (5) years following award of the Phase III grant. |
7 | (c) Phase I and II Matching Grant. STAC may award grants to match the funds received |
8 | by a business through a SBIR/STTR Phase I or II proposal up to a maximum of one hundred fifty |
9 | three hundred thousand dollars ($150300,000). Seventy-five percent (75%) of the total grant shall |
10 | be remitted to the business upon receipt of the SBIR/STTR Phase I or II award and application for |
11 | funds under this section. Twenty-five percent (25%) of the total grant shall be remitted to the |
12 | business upon submission by the business of the Phase II application to the funding agency and |
13 | acceptance of the Phase I or II report by the funding agency. A business may receive only one grant |
14 | under this section per year. A business may receive only one grant under this section with respect |
15 | to each federal proposal submission. Over its lifetime, a business may receive a maximum of six |
16 | (6) awards under this section. |
17 | (d) Phase III Commercialization Grant. STAC may award grants of up to $500,000 to |
18 | an eligible business to support commercialization of the results achieved through SBIR/STTR |
19 | Phase I and Phase II funding. Grants shall be approved in consultation with the Rhode Island |
20 | Commerce Corporation. Twenty-five percent (25%) of the total grant funding shall be remitted to |
21 | the business upon award of the Phase III grant and execution of a grant agreement. Sixty-five |
22 | percent (65%) of the total grant funding shall be remitted to the business upon request for |
23 | reimbursement for eligible research and development expenses, as defined by STAC, in connection |
24 | with the project for which the business received the award. Ten percent (10%) of the total grant |
25 | funding shall be remitted to the business five (5) years following the date of award of the Phase III |
26 | grant, provided that the business has remained a Rhode Island-based business, as defined by Rhode |
27 | Island General Law 42-64.16-2(b)(1) for the duration of the grant period. |
28 | (de) Application. A business shall apply, under oath, to STAC for a grant under this |
29 | section on a form prescribed by STAC that includes at least all of the following: |
30 | (1) The name of the business, the form of business organization under which it is operated, |
31 | and the names and addresses of the principals or management of the business. |
32 | (2) For a Phase I or II matching grant, an acknowledgement of receipt of the Phase I or II |
33 | report and Phase II proposal by the relevant federal agency. |
34 | (3) For a Phase III commercialization grant, an acknowledgement of the terms of the grant |
| LC004143 - Page 193 of 226 |
1 | and proof of eligibility, as defined in subsection (b) of this section. |
2 | (34) Any other information necessary for STAC to evaluate the application. |
3 | 42-64.16-3. Establishment of bioscience & engineering internship program. |
4 | (a) There is hereby established the Innovate Rhode Island Bioscience & Engineering |
5 | Internship Program to be administered by STAC. In order to promote workforce development and |
6 | education in the bioscience and engineering fields and enhance the talent pipeline for Rhode Island |
7 | businesses engaged in the biosciences and engineering, STAC may reimburse eligible bioscience |
8 | and engineering companies for eligible internship stipends. The reimbursements shall be paid from |
9 | the Innovate Rhode Island Small Business Account established in this chapter. |
10 | (b) Bioscience and engineering definitions. |
11 | (1) Bioscience definition. For the purposes of this section, “bioscience” shall mean |
12 | advanced and applied sciences that expand the understanding of human physiology and have the |
13 | potential to lead to medical advances or therapeutic applications. |
14 | (2) Engineering definition. For the purposes of this section, “engineering” shall mean the |
15 | creative application of advanced mathematics and natural sciences to design or develop complex |
16 | structures, machines, processes, or systems. |
17 | (c) Business eligibility. In order to be eligible for reimbursement under this section, a |
18 | business must satisfy all of the following conditions: |
19 | (1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer |
20 | employees. For the purposes of this section, a Rhode Island-based business is one that has its |
21 | principal place of business and at least fifty-one percent (51%) of its employees in this state. |
22 | (2) The business must be primarily engaged in a bioscience or engineering field and must |
23 | demonstrate its ability to conduct research in bioscience or engineering. |
24 | (3) The business must host the internship in Rhode Island. |
25 | (4) The business must offer interns a hands-on learning experience and at least one mentor |
26 | directly overseeing the internship. |
27 | (5) Any two or more related businesses that are commonly controlled by any person or |
28 | entity, directly or indirectly, are limited to reimbursement under this section available for one |
29 | business only. |
30 | (d) Intern eligibility. In order to be an eligible intern under this section, a prospective |
31 | intern must satisfy all of the following requirements: |
32 | (1) The prospective intern must be a Rhode Island resident and must attend a college or |
33 | university located in Rhode Island. |
34 | (2) For students enrolled in community college, the student must be enrolled in an |
| LC004143 - Page 194 of 226 |
1 | Associate’s Degree or Certificate program or completed one within the past year; for students |
2 | enrolled in four-year college or university, the student must have or will have completed at least |
3 | sophomore year the semester before the internship, or have graduated within the past year; for |
4 | graduate students, the student must be enrolled in a Master’s Degree program or received their |
5 | Master’s Degree within the past year. |
6 | (3) The intern cannot be the spouse, child, grandchild, sibling, niece, nephew, or spouse of |
7 | a child, grandchild, sibling, niece, or nephew of any employee of the business. |
8 | (4) The intern cannot participate in more than one internship subsidized under this section |
9 | in the same calendar year. |
10 | (5) The intern cannot participate in more than two internships subsidized under this section, |
11 | over two calendar years, with the same business. |
12 | (e) Reimbursement. STAC may reimburse eligible companies for pay rates up to twelve |
13 | dollars ($12) per hour the Rhode Island minimum wage, as defined in chapter 12-3 of title 28, for |
14 | a total reimbursement of no more than three six thousand five hundred dollars ($3,06,500) per |
15 | eligible intern in a bioscience or engineering internship program. Businesses may seek |
16 | reimbursement for up to two (2) interns per calendar year. Interns shall be paid directly by the |
17 | eligible business. Eligible businesses may seek reimbursement under this section by providing |
18 | certification and proof of payment to STAC. |
19 | (f) Business application. A business shall apply, under oath, to STAC to qualify for |
20 | reimbursement under this section on a form prescribed by STAC that includes at least all of the |
21 | following: |
22 | (1) The name of the business, the form of business organization under which it is operated, |
23 | and the names and addresses of the principals or management of the business. |
24 | (2) Certification that the business meets the requirements for eligibility under this section. |
25 | (3) A description of the bioscience or engineering internship program that the business |
26 | intends to offer. |
27 | (4) Any other information necessary for STAC to evaluate the application. |
28 | (g) Prospective intern application. A prospective intern shall apply, under oath, to STAC |
29 | to qualify for an internship under this section on a form prescribed by STAC that includes at least |
30 | all of the following: |
31 | (1) The prospective intern’s name, address, college or university, program of study, year |
32 | of study at the college or university, and degree of attainment. |
33 | (2) Certification that prospective intern meets the requirements for eligibility under this |
34 | section. |
| LC004143 - Page 195 of 226 |
1 | (3) Proof of Rhode Island residency. |
2 | (4) Proof of enrollment in a college or university in Rhode Island or proof of having |
3 | graduated from a college or university in Rhode Island within the past year. |
4 | (5) Resume and cover letter. |
5 | (6) Any other information necessary for STAC to evaluate the application. |
6 | (h) Application process. STAC may receive applications from businesses and prospective |
7 | interns throughout the calendar year and make determinations relating to eligibility under this |
8 | section. STAC may make available to eligible businesses the eligible intern applications. Eligible |
9 | businesses looking to host interns may review applications, interview candidates, and select and |
10 | hire interns according to their qualifications and the businesses’ needs. |
11 | SECTION 2. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled |
12 | “Rebuild Rhode Island Tax Credit Act” is hereby amended to read as follows: |
13 | 42-64.20-10. Sunset. |
14 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
15 | 2024.December 31, 2025. |
16 | SECTION 3. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode |
17 | Island Tax Increment Financing” is hereby amended to read as follows: |
18 | 42-64.21-9. Sunset. |
19 | The commerce corporation shall enter into no agreement under this chapter after December |
20 | 31, 2024.December 31, 2025. |
21 | SECTION 4. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax |
22 | Stabilization Incentive” is hereby amended to read as follows: |
23 | 42-64.22-15. Sunset. |
24 | The commerce corporation shall enter into no agreement under this chapter after December |
25 | 31, 2024.December 31, 2025. |
26 | SECTION 5. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First |
27 | Wave Closing Fund Act” is hereby amended to read as follows: |
28 | 42-64.23-8. Sunset. |
29 | No financing shall be authorized to be reserved pursuant to this chapter after December 31, |
30 | 2024.December 31, 2025. |
31 | SECTION 6. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195 |
32 | Redevelopment Project Fund Act” is hereby amended as follows: |
33 | 42-64.24-8. Sunset. |
34 | No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant |
| LC004143 - Page 196 of 226 |
1 | to this chapter after December 31, 2024.December 31, 2025. |
2 | SECTION 7. Section 42-64.25-14 of the General Laws in Chapter 42-64.24 entitled “Small |
3 | Business Assistance Program Act” is hereby amended as follows: |
4 | 42-64.25-14. Sunset. |
5 | No grants, funding, or incentives shall be authorized pursuant to this chapter after |
6 | December 31, 2024.December 31, 2025. |
7 | SECTION 8. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled “Stay |
8 | Invested in RI Wavemaker Fellowships” is hereby amended to read as follows: |
9 | 42-64.26-12. Sunset. |
10 | No incentives or credits shall be authorized pursuant to this chapter after December 31, |
11 | 2024.December 31, 2025. |
12 | SECTION 9. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main |
13 | Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows: |
14 | 42-64.27-6. Sunset. |
15 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
16 | 2024.December 31, 2025. |
17 | SECTION 10. Sections 42-64.28-2, 42-64.28-3, 42-64.28-4, 42-64.28-5, 42-64.28-6, 42- |
18 | 64.28-7, 42-64.28-9, 42-64.28-10 of the General Laws in Chapter 64.28 entitled "Innovation |
19 | Initiative" are hereby amended to read as follows: |
20 | 42-64.28-2. Definitions. |
21 | As used in this chapter: |
22 | (1) “Commerce corporation” means the Rhode Island commerce corporation established |
23 | pursuant to § 42-64-1 et seq. |
24 | (2) “Employee-owned business” shall mean any entity that is a small business and: |
25 | (i) Is, in whole or in part, a workers’ cooperative as defined in § 7-6.2-2(5); or |
26 | (ii) Has an employee stock ownership plan, as defined in 26 U.S.C. § 4975(e)(7); |
27 | (23) “Manufacturer” shall mean any entity that: |
28 | (i) Uses any premises within the state primarily for the purpose of transforming raw |
29 | materials into a finished product for trade through any or all of the following operations: adapting, |
30 | altering, finishing, making, processing, refining, metalworking, and ornamenting, but shall not |
31 | include fabricating processes incidental to warehousing or distribution of raw materials, such as |
32 | alteration of stock for the convenience of a customer; or |
33 | (ii) Is described in codes 31-33 of the North American Industry Classification system, as |
34 | revised from time to time. |
| LC004143 - Page 197 of 226 |
1 | (34) “Match” shall mean a funding match, or in kind services provided by a third party. |
2 | (45) “Small business” means a business that is resident in Rhode Island, has its business |
3 | facility located within the state, and employs five hundred (500) or fewer persons. |
4 | (56) “Small business manufacturer” shall mean a business that meets the definitions of |
5 | terms small business and manufacturer as defined herein. |
6 | (67) “Targeted industry” means any advanced, promising or otherwise prioritized industry |
7 | identified in the economic development vision and policy promulgated pursuant to § 42-64.17-1 |
8 | or, until such time as any such economic development vision and policy is promulgated, as |
9 | identified by the commerce corporation. |
10 | 42-64.28-3. Programs established. |
11 | (a) The Rhode Island commerce corporation shall establish a voucher program and an |
12 | innovation network program as provided under this chapter. The programs are subject to available |
13 | appropriations and such other funding as may be dedicated to the programs. |
14 | (b) There is established an account in the name of the “innovation initiative fund” (the |
15 | “fund”) under the control of the commerce corporation to fund the programs. |
16 | (1) The fund shall consist of: |
17 | (i) Money appropriated in the state budget to the fund; |
18 | (ii) Money made available to the fund through federal grants, programs, or private |
19 | contributions; |
20 | (iii) Application or other fees paid to the fund to process applications for awards under |
21 | this chapter; and |
22 | (iv) Any other money made available to the fund. |
23 | (c) Voucher program. The commerce corporation is authorized to develop and implement |
24 | an innovation voucher program to provide financing to small businesses to purchase research and |
25 | development support or other forms of technical assistance and services from Rhode Island |
26 | institutions of higher education and other providers and to fund research and development by and |
27 | for small business manufacturers. |
28 | (d) Innovation network program. The commerce corporation is authorized to provide |
29 | innovation grants to organizations, including nonprofit organizations, for-profit organizations, |
30 | universities, and co-working space operators that offer technical assistance, space on flexible terms, |
31 | and access to capital to businesses in advanced or targeted industries, or businesses that are |
32 | evaluating a transition to become employee-owned businesses, regardless of industry. The |
33 | commerce corporation shall only issue grants under this subsection when those grants are matched |
34 | by private-sector or nonprofit partners. The commerce corporation shall establish guidelines for |
| LC004143 - Page 198 of 226 |
1 | appropriate matching criteria under this section, including necessary matching ratios. |
2 | (e) Invention incentive program. The commerce corporation is authorized to develop and |
3 | implement an invention incentive program to provide grants to small businesses and individuals to |
4 | reduce barriers to filing a patent application. The commerce corporation shall establish guidelines |
5 | for eligible recipients under this section, including industry, business size, and other criteria. |
6 | 42-64.28-4. Eligible uses. |
7 | (a) Vouchers available under this chapter shall be used for the benefit of small businesses |
8 | to access technical assistance and other services including, but not limited to: research, |
9 | technological development, product development, commercialization, market development, |
10 | technology exploration, and improved business practices that implement strategies to grow |
11 | business and create operational efficiencies. |
12 | (b) Vouchers available under this chapter shall be used to provide funding to finance |
13 | internal research and development by and for small business manufacturers, including, but not |
14 | limited to: research, technological development, product development, commercialization, market |
15 | development, technology exploration, and improved business practices that implement strategies |
16 | to grow business and create operational efficiencies. Subject to appropriation, the commerce |
17 | corporation shall reserve an amount not to exceed fifty percent (50%) of the voucher program’s |
18 | annual appropriation to be made available in fiscal year 2018 for vouchers awarded to small |
19 | business manufacturers under this subsection. |
20 | (c) Matching fund awards shall be used for the benefit of small businesses in industries |
21 | designated from time to time by the corporation, including without limitation: life science and |
22 | healthcare, food and agriculture, clean technology and energy efficiency, and cyber security to pay |
23 | for and access technological assistance, to procure space on flexible terms, and to access capital |
24 | from organizations, including nonprofit organizations, for-profit organizations, universities, and |
25 | co-working space businesses. Provided, however, that any business that is evaluating a transition |
26 | to become an employee-owned business, regardless of industry, shall be an eligible beneficiary of |
27 | a matching fund award. |
28 | (d) Grant awards through the invention incentive program shall be used in the form of |
29 | reimbursement for allowable expenses incurred, per regulations promulgated by the Commerce |
30 | Corporation, in connection with the submission of a patent application to the United States Patent |
31 | and Trademark Office. Reimbursement shall only occur following the submission of a patent |
32 | application by the eligible recipient. No more than one award per individual shall be allowed. |
33 | 42-64.28-5. Qualification. |
34 | (a) To qualify for a voucher, for an invention incentive grant, or for a matching fund award |
| LC004143 - Page 199 of 226 |
1 | under this chapter, a business or individual must make application to the commerce corporation, |
2 | and upon selection, shall enter into an agreement with the commerce corporation. The commerce |
3 | corporation shall have no obligation to issue any voucher, make any award, or grant any benefits |
4 | under this chapter. |
5 | 42-64.28-6. Voucher amounts and matching fund awards. |
6 | (a) Voucher award amounts to a selected applicant shall be determined by the corporation, |
7 | to be in the minimum amount of five thousand dollars ($5,000) and the maximum amount of fifty |
8 | thousand dollars ($50,000), subject to appropriations or other available moneys in the fund. |
9 | (b) Matching fund awards shall be awarded to organizations in an amount approved by the |
10 | corporation, subject to appropriations or other available moneys in the fund. |
11 | (c) Invention incentive grant amounts shall not exceed five thousand dollars ($5,000) per |
12 | awardee, subject to appropriations or other available moneys in the fund. |
13 | 42-64.28-7. Rules and regulations. |
14 | The commerce corporation is hereby authorized to promulgate such rules and regulations |
15 | as are necessary to fulfill the purposes of this chapter, including the criteria by which voucher, |
16 | invention incentive grant, and matching fund applications will be judged, awards will be approved, |
17 | and vendors of services will be approved. |
18 | 42-64.28-9. Reporting requirements. |
19 | The commerce corporation shall submit a report annually, no later than sixty (60) days |
20 | after the end of the fiscal year to the speaker of the house and the president of the senate detailing: |
21 | (1) the total amount of innovation vouchers, invention incentive grants, and matching funds |
22 | awarded; (2) the number of innovation vouchers, invention incentive grants, and matching fund |
23 | awards approved, (3) the amount of each voucher, invention incentive grant, or matching fund |
24 | award and a description of services purchased; and (4) such other information as the commerce |
25 | corporation deems necessary. |
26 | 42-64.28-10. Sunset. |
27 | No vouchers, grants, or incentives shall be authorized pursuant to this chapter after |
28 | December 31, 2024.December 31, 2025. |
29 | SECTION 11. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled “High |
30 | School, College, and Employer Partnerships” is hereby amended as follows: |
31 | 42-64.31-4. Sunset. |
32 | No grants shall be authorized pursuant to this chapter after December 31, 2024.December |
33 | 31, 2025. |
34 | SECTION 12. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled “Air |
| LC004143 - Page 200 of 226 |
1 | Service Development Fund” is hereby amended as follows: |
2 | 42-64.32-6. Sunset. |
3 | No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant |
4 | to this chapter after December 31, 2024.December 31, 2025. |
5 | SECTION 13. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode |
6 | Island New Qualified Jobs Incentive Act of 2015” is hereby amended as follows: |
7 | 44-48.3-14. Sunset. |
8 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
9 | 2024.December 31, 2025. |
10 | SECTION 14. This act shall take effect upon passage. |
| LC004143 - Page 201 of 226 |
1 | ARTICLE 8 |
2 | RELATING TO EDUCATION |
3 | SECTION 1. Sections 16-7.2-3 and 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled |
4 | "The Education Equity and Property Tax Relief Act" are hereby amended to read as follows: |
5 | 16-7.2-3. Permanent foundation education aid established. |
6 | (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall |
7 | take effect. The foundation education aid for each district shall be the sum of the core instruction |
8 | amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2), |
9 | which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to |
10 | determine the foundation aid. |
11 | (1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core- |
12 | instruction amount as established by the department of elementary and secondary education, |
13 | derived from the average of northeast regional expenditure data for the states of Rhode Island, |
14 | Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics |
15 | (NCES) that will adequately fund the student instructional needs as described in the basic education |
16 | program and multiplied by the district average daily membership as defined in § 16-7-22. |
17 | Expenditure data in the following categories: instruction and support services for students, |
18 | instruction, general administration, school administration, and other support services from the |
19 | National Public Education Financial Survey, as published by NCES, and enrollment data from the |
20 | Common Core of Data, also published by NCES, will be used when determining the core- |
21 | instruction amount. The core-instruction amount will be updated annually. For the purpose of |
22 | calculating this formula, school districts’ resident average daily membership shall exclude charter |
23 | school and state-operated school students. Beginning in FY 2025, the increase in the core- |
24 | instruction amount shall not exceed the average five-year annual percentage change in the |
25 | consumer price index. |
26 | (2) The amount to support high-need students beyond the core-instruction amount shall be |
27 | determined by multiplying a student success factor of forty percent (40%) by the core instruction |
28 | per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child |
29 | whose family income is at or below one hundred eighty-five percent (185%) of federal poverty |
30 | guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget |
31 | submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of |
32 | elementary and secondary education shall develop and utilize a poverty measure that in the |
33 | department’s assessment most accurately serves as a proxy for the poverty status referenced in this |
34 | subsection and does not rely on the administration of school nutrition programs. The department |
| LC004143 - Page 202 of 226 |
1 | shall utilize this measure in calculations pursuant to this subsection related to the application of the |
2 | student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state |
3 | share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department |
4 | may also include any recommendations which seek to mitigate any disruptions associated with the |
5 | implementation of this new poverty measure or improve the accuracy of its calculation. Beginning |
6 | with the FY 2024 calculation, students whose family income is at or below one hundred eighty- |
7 | five percent (185%) of federal poverty guidelines will be determined by participation in the |
8 | supplemental nutrition assistance program (SNAP). The number of students directly certified |
9 | through the department of human services shall be multiplied by a factor of 1.6. |
10 | (b) The department of elementary and secondary education shall provide an estimate of the |
11 | foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate |
12 | shall include the most recent data available as well as an adjustment for average daily membership |
13 | growth or decline based on the prior year experience. |
14 | (c) In addition, the department shall report updated figures based on the average daily |
15 | membership as of October 1 by December 1. |
16 | (d) Local education agencies may set aside a portion of funds received under subsection |
17 | (a) to expand learning opportunities such as after school and summer programs, full-day |
18 | kindergarten and/or multiple pathway programs, provided that the basic education program and all |
19 | other approved programs required in law are funded. |
20 | (e) The department of elementary and secondary education shall promulgate such |
21 | regulations as are necessary to implement fully the purposes of this chapter. |
22 | (f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to |
23 | state fiscal year 2025, the department of elementary and secondary education shall evaluate the |
24 | number of students by district who qualify as multilingual learner (MLL) students and MLL |
25 | students whose family income is at or below one hundred eighty-five percent (185%) of federal |
26 | poverty guidelines. The submission shall also include segmentation of these populations by levels |
27 | as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for |
28 | English proficiency. The department shall also prepare and produce expense data sourced from the |
29 | uniform chart of accounts to recommend funding levels required to support students at the various |
30 | levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the |
31 | department shall recommend a funding solution to meet the needs of multilingual learners; this may |
32 | include but not be limited to inclusion of MLL needs within the core foundation formula amount |
33 | through one or multiple weights to distinguish different students of need or through categorical |
34 | means. |
| LC004143 - Page 203 of 226 |
1 | (2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to |
2 | state fiscal year 2026, the department of elementary and secondary education shall develop |
3 | alternatives to identify students whose family income is at or below one hundred eighty-five percent |
4 | (185%) of federal poverty guidelines through participation in state-administered programs, |
5 | including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare |
6 | and other programs that include the collection of required supporting documentation. The |
7 | department may also include any recommendations that seek to mitigate any disruptions associated |
8 | with implementation of this new poverty measure or improve the accuracy of its calculation. |
9 | (3) The department shall also report with its annual budget request information regarding |
10 | local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall |
11 | also compare these local contributions to state foundation education aid by community. The |
12 | department shall also report compliance to each city or town school committee and city or town |
13 | council. |
14 | 16-7.2-6. Categorical programs, state funded expenses. |
15 | In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent |
16 | foundation education-aid program shall provide direct state funding for: |
17 | (a) Excess costs associated with special education students. Excess costs are defined when |
18 | an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary |
19 | costs are those educational costs that exceed the state-approved threshold based on an amount |
20 | above four times the core foundation amount (total of core-instruction amount plus student success |
21 | amount). The department of elementary and secondary education shall prorate the funds available |
22 | for distribution among those eligible school districts if the total approved costs for which school |
23 | districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; |
24 | and the department of elementary and secondary education shall also collect data on those |
25 | educational costs that exceed the state-approved threshold based on an amount above two (2), three |
26 | (3), and five (5) times the core-foundation amount; |
27 | (b) Career and technical education costs to help meet initial investment requirements |
28 | needed to transform existing, or create new, comprehensive, career and technical education |
29 | programs and career pathways in critical and emerging industries and to help offset the higher- |
30 | than-average costs associated with facilities, equipment maintenance and repair, and supplies |
31 | necessary for maintaining the quality of highly specialized programs that are a priority for the state. |
32 | The department shall develop criteria for the purpose of allocating any and all career and technical |
33 | education funds as may be determined by the general assembly on an annual basis. The department |
34 | of elementary and secondary education shall prorate the funds available for distribution among |
| LC004143 - Page 204 of 226 |
1 | those eligible school districts if the total approved costs for which school districts are seeking |
2 | reimbursement exceed the amount of funding available in any fiscal year; |
3 | (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. |
4 | The department shall recommend criteria for the purpose of allocating any and all early childhood |
5 | program funds as may be determined by the general assembly; |
6 | (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure |
7 | that appropriate funding is available to support their students. Additional support for Central Falls |
8 | is needed due to concerns regarding the city’s capacity to meet the local share of education costs. |
9 | This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside |
10 | the permanent foundation education-aid formula, including, but not limited to, transportation, |
11 | facility maintenance, and retiree health benefits shall be shared between the state and the city of |
12 | Central Falls. The fund shall be annually reviewed to determine the amount of the state and city |
13 | appropriation. The state’s share of this fund may be supported through a reallocation of current |
14 | state appropriations to the Central Falls school district. At the end of the transition period defined |
15 | in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional |
16 | support for the Davies and the Met Center is needed due to the costs associated with running a |
17 | stand-alone high school offering both academic and career and technical coursework. The |
18 | department shall recommend criteria for the purpose of allocating any and all stabilization funds as |
19 | may be determined by the general assembly; |
20 | (e) Excess costs associated with transporting students to out-of-district non-public schools. |
21 | This fund will provide state funding for the costs associated with transporting students to out-of- |
22 | district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of |
23 | non-public out-of-district transportation for those districts participating in the statewide system. |
24 | The department of elementary and secondary education shall prorate the funds available for |
25 | distribution among those eligible school districts if the total approved costs for which school |
26 | districts are seeking reimbursement exceed the amount of funding available in any fiscal year; |
27 | (f) Excess costs associated with transporting students within regional school districts. This |
28 | fund will provide direct state funding for the excess costs associated with transporting students |
29 | within regional school districts, established pursuant to chapter 3 of this title. This fund requires |
30 | that the state and regional school district share equally the student transportation costs net any |
31 | federal sources of revenue for these expenditures. The department of elementary and secondary |
32 | education shall prorate the funds available for distribution among those eligible school districts if |
33 | the total approved costs for which school districts are seeking reimbursement exceed the amount |
34 | of funding available in any fiscal year; |
| LC004143 - Page 205 of 226 |
1 | (g) Public school districts that are regionalized shall be eligible for a regionalization bonus |
2 | as set forth below: |
3 | (1) As used herein, the term “regionalized” shall be deemed to refer to a regional school |
4 | district established under the provisions of chapter 3 of this title, including the Chariho Regional |
5 | School district; |
6 | (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus |
7 | shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the |
8 | regionalization bonus shall commence in the first fiscal year following the establishment of a |
9 | regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional |
10 | School District; |
11 | (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the |
12 | state’s share of the foundation education aid for the regionalized district as calculated pursuant to |
13 | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year; |
14 | (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the |
15 | state’s share of the foundation education aid for the regionalized district as calculated pursuant to |
16 | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year; |
17 | (5) The regionalization bonus shall cease in the third fiscal year; |
18 | (6) The regionalization bonus for the Chariho regional school district shall be applied to |
19 | the state share of the permanent foundation education aid for the member towns; and |
20 | (7) The department of elementary and secondary education shall prorate the funds available |
21 | for distribution among those eligible regionalized school districts if the total, approved costs for |
22 | which regionalized school districts are seeking a regionalization bonus exceed the amount of |
23 | funding appropriated in any fiscal year; |
24 | (h) Additional state support for English learners (EL). The amount to support EL students |
25 | shall be determined by multiplying an EL factor of fifteen percent (15%)twenty-five percent (25%) |
26 | by the core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of |
27 | additional state support to EL students identified using widely adopted, independent standards and |
28 | assessments identified by the commissioner. All categorical funds distributed pursuant to this |
29 | subsection must be used to provide high-quality, research-based services to EL students and |
30 | managed in accordance with requirements set forth by the commissioner of elementary and |
31 | secondary education. The department of elementary and secondary education shall collect |
32 | performance reports from districts and approve the use of funds prior to expenditure. The |
33 | department of elementary and secondary education shall ensure the funds are aligned to activities |
34 | that are innovative and expansive and not utilized for activities the district is currently funding; |
| LC004143 - Page 206 of 226 |
1 | (i) State support for school resource officers. For purposes of this subsection, a school |
2 | resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority |
3 | who is deployed by an employing police department or agency in a community-oriented policing |
4 | assignment to work in collaboration with one or more schools. School resource officers should have |
5 | completed at least forty (40) hours of specialized training in school policing, administered by an |
6 | accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years, |
7 | school districts or municipalities that choose to employ school resource officers shall receive direct |
8 | state support for costs associated with employing such officers at public middle and high schools. |
9 | Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of |
10 | salaries and benefits for the qualifying positions. Funding will be provided for school resource |
11 | officer positions established on or after July 1, 2018, provided that: |
12 | (1) Each school resource officer shall be assigned to one school: |
13 | (i) Schools with enrollments below one thousand two hundred (1,200) students shall |
14 | require one school resource officer; |
15 | (ii) Schools with enrollments of one thousand two hundred (1,200) or more students shall |
16 | require two school resource officers; |
17 | (2) School resource officers hired in excess of the requirement noted above shall not be |
18 | eligible for reimbursement; and |
19 | (3) Schools that eliminate existing school resource officer positions and create new |
20 | positions under this provision shall not be eligible for reimbursement; and |
21 | (j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to |
22 | the transition plan in § 16-7.2-7. |
23 | SECTION 2. Sections 16-8-10 and 16-8-10.1 of the General Laws in Chapter 16-8 entitled |
24 | “Federal Aid” are hereby amended to read as follows: |
25 | 16-8-10. Mandatory school lunch programs. |
26 | All public elementary and secondary schools shall be required to make type A federally |
27 | reimbursable lunches available to students attending those schools through the USDA’s National |
28 | School Lunch Program (NSLP) in accordance with federal regulation as well as rules and |
29 | regulations adopted from time to time by the department of elementary and secondary education. |
30 | To the extent that federal, state, and other funds are available, free and reduced price type A |
31 | reimbursable lunches shall be provided to all students from families that meet the current specific |
32 | criteria established by federal and state regulations to qualify for free or reduced-price meals. The |
33 | state of Rhode Island shall provide additional funds to public schools in an amount equal to the |
34 | difference between the federal reimbursement rate for a free lunch and the federal reimbursement |
| LC004143 - Page 207 of 226 |
1 | rate received for each student eligible for a reduced-price lunch and receiving lunch. The |
2 | requirement that type A reimbursable lunches be provided shall apply to locally managed school |
3 | lunch programs, and school lunch programs administered directly by the department of elementary |
4 | and secondary education or by any other public agency whether using school facilities or a |
5 | commercial catering service. The department of elementary and secondary education is further |
6 | authorized to expand the school lunch program to the extent that federal, state, and/or local funds |
7 | are available by the utilization of one or more food preparation centers for delivery to participating |
8 | schools for the purpose of providing meals to students on a more economical basis than could be |
9 | provided by a community acting individually. |
10 | 16-8-10.1. Mandatory school breakfast programs. |
11 | (a) All public elementary and secondary schools shall be required to make a federally |
12 | reimbursable school breakfasts program available to students attending the those schools through the |
13 | USDA’s School Breakfast Program (SBP) in accordance with federal regulation as well as. The |
14 | breakfast meal shall meet any rules and regulations that are adopted by the commissioner. from time |
15 | to time by the department of elementary and secondary education. To the extent that federal, state, |
16 | and other funds are available, free reimbursable breakfasts shall be provided to all students from |
17 | families that meet the current specific criteria established by federal and state regulations to qualify |
18 | for free or reduced-price meals. The state of Rhode Island shall provide additional funds to public |
19 | schools in an amount equal to the difference between the federal reimbursement rate received for a |
20 | free breakfast and the federal reimbursement rate received for each student eligible for a reduced- |
21 | price breakfast and receiving breakfast. |
22 | (b) The state of Rhode Island shall provide school districts a per breakfast subsidy for each |
23 | breakfast served to students. The general assembly shall annually appropriate some sum and |
24 | distribute it based on each district’s proportion of the number of breakfasts served in the prior |
25 | school year relative to the statewide total in the same year. This subsidy shall augment the nonprofit |
26 | school food service account and be used for expenses incurred in providing nutritious breakfast |
27 | meals to students. |
28 | SECTION 3. This article shall take effect upon passage. |
| LC004143 - Page 208 of 226 |
1 | ARTICLE 9 |
2 | RELATING TO HEALTH AND HUMAN SERVICES |
3 | SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing |
4 | of Healthcare Facilities” is hereby amended to read as follows: |
5 | 23-17-38.1 Hospitals -- Licensing Fee. |
6 | (a) There is imposed a hospital licensing fee for state |
7 | fiscal year 2022 against each hospital in the state. The hospital licensing fee is equal to five and six |
8 | hundred fifty-six thousandths percent (5.656%) of the net patient-services revenue of every hospital |
9 | for the hospital’s first fiscal year ending on or after January 1, 2020, except that the license fee for |
10 | all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven |
11 | percent (37%). The discount for Washington County hospitals is subject to approval by the |
12 | Secretary of the U.S. Department of Health and Human Services of a state plan amendment |
13 | submitted by the executive office of health and human services for the purpose of pursuing a waiver |
14 | of the uniformity requirement for the hospital license fee. This licensing fee shall be administered |
15 | and collected by the tax administrator, division of taxation within the department of revenue, and |
16 | all the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every |
17 | hospital shall pay the licensing fee to the tax administrator on or before July 13, 2022, and payments |
18 | shall be made by electronic transfer of monies to the general treasurer and deposited to the general |
19 | fund. Every hospital shall, on or before June 15, 2022, make a return to the tax administrator |
20 | containing the correct computation of net patient-services revenue for the hospital fiscal year |
21 | ending September 30, 2020, and the licensing fee due upon that amount. All returns shall be signed |
22 | by the hospital’s authorized representative, subject to the pains and penalties of perjury. |
23 | (b) (a) There is also imposed a hospital licensing fee for state fiscal year 2023 against each |
24 | hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent |
25 | (5.42%) of the net patient-services revenue of every hospital for the hospital’s first fiscal year |
26 | ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington |
27 | County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for |
28 | Washington County hospitals is subject to approval by the Secretary of the U.S. Department of |
29 | Health and Human Services of a state plan amendment submitted by the executive office of health |
30 | and human services for the purpose of pursuing a waiver of the uniformity requirement for the |
31 | hospital license fee. This licensing fee shall be administered and collected by the tax administrator, |
32 | division of taxation within the department of revenue, and all the administration, collection, and |
33 | other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to |
34 | the tax administrator on or before June 30, 2023, and payments shall be made by electronic transfer |
| LC004143 - Page 209 of 226 |
1 | of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or |
2 | before May 25, 2023, make a return to the tax administrator containing the correct computation of |
3 | net patient-services revenue for the hospital fiscal year ending September 30, 2021, and the |
4 | licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized |
5 | representative, subject to the pains and penalties of perjury. |
6 | (c) (b) There is also imposed a hospital licensing fee described in subsections (d) (c) |
7 | through (g) (f) for state fiscal years 2024 and 2025 against net patient-services revenue of every |
8 | non-government owned hospital as defined herein for the hospital’s first fiscal year ending on or |
9 | after January 1, 2022. The hospital licensing fee shall have three (3) tiers with differing fees based |
10 | on inpatient and outpatient net patient-services revenue. The executive office of health and human |
11 | services, in consultation with the tax administrator, shall identify the hospitals in each tier, subject |
12 | to the definitions in this section, by July 15, 2023, and shall notify each hospital of its tier by August |
13 | 1, 2023. |
14 | (d) (c) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or |
15 | Tier 3. |
16 | (1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and twelve hundredths |
17 | percent (13.12%) of the inpatient net patient-services revenue derived from inpatient net patient- |
18 | services revenue of every Tier 1 hospital. |
19 | (2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and thirty hundredths |
20 | percent (13.30%) of the net patient-services revenue derived from outpatient net patient-services |
21 | revenue of every Tier 1 hospital. |
22 | (e) (d) Tier 2 is composed of high Medicaid/uninsured cost hospitals and independent |
23 | hospitals. |
24 | (1) The inpatient hospital licensing fee for Tier 2 is equal to two and sixty-three hundredths |
25 | percent (2.63%) of the inpatient net patient-services revenue derived from inpatient net patient- |
26 | services revenue of every Tier 2 hospital. |
27 | (2) The outpatient hospital licensing fee for Tier 2 is equal to two and sixty-six hundredths |
28 | percent (2.66%) of the outpatient net patient-services revenue derived from outpatient net patient- |
29 | services revenue of every Tier 2 hospital. |
30 | (f) (e) Tier 3 is composed of hospitals that are Medicare-designated low-volume hospitals |
31 | and rehabilitative hospitals. |
32 | (1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-one hundredths |
33 | percent (1.31%) of the inpatient net patient-services revenue derived from inpatient net patient- |
34 | services revenue of every Tier 3 hospital. |
| LC004143 - Page 210 of 226 |
1 | (2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-three |
2 | hundredths percent (1.33%) of the outpatient net patient-services revenue derived from outpatient |
3 | net patient-services revenue of every Tier 3 hospital. |
4 | (g) (f) There is also imposed a hospital licensing fee for state fiscal years 2024 and 2025 |
5 | against state-government owned and operated hospitals in the state as defined herein. The hospital |
6 | licensing fee is equal to five and twenty-five hundredths percent (5.25%) of the net patient-services |
7 | revenue of every hospital for the hospital’s first fiscal year ending on or after January 1, 2022. |
8 | (h) (g) The hospital licensing fee described in subsections (c) (b) through (g) (f) is subject |
9 | to U.S. Department of Health and Human Services approval of a request to waive the requirement |
10 | that healthcare-related taxes be imposed uniformly as contained in 42 C.F.R. § 433.68(d). |
11 | (i) (h) This hospital licensing fee shall be administered and collected by the tax |
12 | administrator, division of taxation within the department of revenue, and all the administration, |
13 | collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the |
14 | licensing fee to the tax administrator before June 30 of each fiscal year, and payments shall be made |
15 | by electronic transfer of monies to the tax administrator and deposited to the general fund. Every |
16 | hospital shall, on or before August 1, 2023, make a return to the tax administrator containing the |
17 | correct computation of inpatient and outpatient net patient-services revenue for the hospital fiscal |
18 | year ending in 2022, and the licensing fee due upon that amount. All returns shall be signed by the |
19 | hospital’s authorized representative, subject to the pains and penalties of perjury. |
20 | (j) (i) For purposes of this section the following words and phrases have the following |
21 | meanings: |
22 | (1) “Gross patient-services revenue” means the gross revenue related to patient care |
23 | services. |
24 | (2) “High Medicaid/uninsured cost hospital” means a hospital for which the hospital’s total |
25 | uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital’s total net |
26 | patient-services revenues, is equal to six percent (6.0%) or greater. |
27 | (3) “Hospital” means the actual facilities and buildings in existence in Rhode Island, |
28 | licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on |
29 | that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital |
30 | conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient |
31 | and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness, |
32 | disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid |
33 | managed care payment rates for a court-approved purchaser that acquires a hospital through |
34 | receivership, special mastership, or other similar state insolvency proceedings (which court- |
| LC004143 - Page 211 of 226 |
1 | approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly |
2 | negotiated rates between the court-approved purchaser and the health plan, and such rates shall be |
3 | effective as of the date that the court-approved purchaser and the health plan execute the initial |
4 | agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital |
5 | payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2), |
6 | respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12) |
7 | period as of July 1 following the completion of the first full year of the court-approved purchaser’s |
8 | initial Medicaid managed care contract. |
9 | (4) “Independent hospitals” means a hospital not part of a multi-hospital system. |
10 | (5) “Inpatient net patient-services revenue” means the charges related to inpatient care |
11 | services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual |
12 | allowances. |
13 | (6) “Medicare-designated low-volume hospital” means a hospital that qualifies under 42 |
14 | C.F.R. 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher |
15 | incremental costs associated with a low volume of discharges. |
16 | (7) “Net patient-services revenue” means the charges related to patient care services less |
17 | (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances. |
18 | (8) “Non-government owned hospitals” means a hospital not owned and operated by the |
19 | state of Rhode Island. |
20 | (9) “Outpatient net patient-services revenue” means the charges related to outpatient care |
21 | services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual |
22 | allowances. |
23 | (10) “Rehabilitative hospital” means Rehabilitation Hospital Center licensed by the Rhode |
24 | Island department of health. |
25 | (11) “State-government owned and operated hospitals” means a hospital facility licensed |
26 | by the Rhode Island department of health, owned and operated by the state of Rhode Island. |
27 | (k) (j) The tax administrator in consultation with the executive office of health and human |
28 | services shall make and promulgate any rules, regulations, and procedures not inconsistent with |
29 | state law and fiscal procedures that he or she deems necessary for the proper administration of this |
30 | section and to carry out the provisions, policy, and purposes of this section. |
31 | (l) (k) The licensing fee imposed by subsection (a) shall apply to hospitals as defined herein |
32 | that are duly licensed on July 1, 2021 2022, and shall be in addition to the inspection fee imposed |
33 | by § 23-17-38 and to any licensing fees previously imposed in accordance with this section. |
34 | (m) The licensing fee imposed by subsection (b) shall apply to hospitals as defined herein |
| LC004143 - Page 212 of 226 |
1 | that are duly licensed on July 1, 2022, and shall be in addition to the inspection fee imposed by § |
2 | 23-17-38 and to any licensing fees previously imposed in accordance with this section. |
3 | (n) (l) The licensing fees imposed by subsections (c) (b) through (g) (f) shall apply to |
4 | hospitals as defined herein that are duly licensed on July 1, 2023, and shall be in addition to the |
5 | inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in accordance |
6 | with this section. |
7 | SECTION 2. Section 40-8-19 of the General Laws in Chapter 40-8 entitled “Medical |
8 | Assistance” is hereby amended to read as follows: |
9 | 40-8-19. Rates of payment to nursing facilities. |
10 | (a) Rate reform. |
11 | (1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of |
12 | title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to |
13 | Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be |
14 | incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. § |
15 | 1396a(a)(13). The executive office of health and human services (“executive office”) shall |
16 | promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, |
17 | 2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., |
18 | of the Social Security Act. |
19 | (2) The executive office shall review the current methodology for providing Medicaid |
20 | payments to nursing facilities, including other long-term-care services providers, and is authorized |
21 | to modify the principles of reimbursement to replace the current cost-based methodology rates with |
22 | rates based on a price-based methodology to be paid to all facilities with recognition of the acuity |
23 | of patients and the relative Medicaid occupancy, and to include the following elements to be |
24 | developed by the executive office: |
25 | (i) A direct-care rate adjusted for resident acuity; |
26 | (ii) An indirect-care and other direct-care rate comprised of a base per diem for all |
27 | facilities; |
28 | (iii) Revision of rates as necessary based on increases in direct and indirect costs beginning |
29 | October 2024 utilizing data from the most recent finalized year of facility cost report. The per diem |
30 | rate components deferred in subsections (a)(2)(i) and (a)(2)(ii) of this section shall be adjusted |
31 | accordingly to reflect changes in direct and indirect care costs since the previous rate review; |
32 | (iv) Application of a fair-rental value system; |
33 | (v) Application of a pass-through system; and |
34 | (vi) Adjustment of rates by the change in a recognized national nursing home inflation |
| LC004143 - Page 213 of 226 |
1 | index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will not |
2 | occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, 2015. |
3 | The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, October 1, 2019, |
4 | and October 2022. Effective July 1, 2018, rates paid to nursing facilities from the rates approved |
5 | by the Centers for Medicare and Medicaid Services and in effect on October 1, 2017, both fee-for- |
6 | service and managed care, will be increased by one and one-half percent (1.5%) and further |
7 | increased by one percent (1%) on October 1, 2018, and further increased by one percent (1%) on |
8 | October 1, 2019. Effective October 1, 2022, rates paid to nursing facilities from the rates approved |
9 | by the Centers for Medicare and Medicaid Services and in effect on October 1, 2021, both fee-for- |
10 | service and managed care, will be increased by three percent (3%). In addition to the annual nursing |
11 | home inflation index adjustment, there shall be a base rate staffing adjustment of one-half percent |
12 | (0.5%) on October 1, 2021, one percent (1.0%) on October 1, 2022, and one and one-half percent |
13 | (1.5%) on October 1, 2023. The inflation index shall be applied without regard for the transition |
14 | factors in subsections (b)(1) and (b)(2). For purposes of October 1, 2016, adjustment only, any rate |
15 | increase that results from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) |
16 | shall be dedicated to increase compensation for direct-care workers in the following manner: Not |
17 | less than 85% of this aggregate amount shall be expended to fund an increase in wages, benefits, |
18 | or related employer costs of direct-care staff of nursing homes. For purposes of this section, direct- |
19 | care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), certified nursing |
20 | assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff, dietary staff, or |
21 | other similar employees providing direct-care services; provided, however, that this definition of |
22 | direct-care staff shall not include: (i) RNs and LPNs who are classified as “exempt employees” |
23 | under the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, certified medical |
24 | technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-party vendor or |
25 | staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, or designee, a |
26 | certification that they have complied with the provisions of this subsection (a)(2)(vi) with respect |
27 | to the inflation index applied on October 1, 2016. Any facility that does not comply with the terms |
28 | of such certification shall be subjected to a clawback, paid by the nursing facility to the state, in the |
29 | amount of increased reimbursement subject to this provision that was not expended in compliance |
30 | with that certification. |
31 | (3) Commencing on October 1, 2021, eighty percent (80%) of any rate increase that results |
32 | from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) of this section shall be |
33 | dedicated to increase compensation for all eligible direct-care workers in the following manner on |
34 | October 1, of each year. |
| LC004143 - Page 214 of 226 |
1 | (i) For purposes of this subsection, compensation increases shall include base salary or |
2 | hourly wage increases, benefits, other compensation, and associated payroll tax increases for |
3 | eligible direct-care workers. This application of the inflation index shall apply for Medicaid |
4 | reimbursement in nursing facilities for both managed care and fee-for-service. For purposes of this |
5 | subsection, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), |
6 | certified nursing assistants (CNAs), certified medication technicians, licensed physical therapists, |
7 | licensed occupational therapists, licensed speech-language pathologists, mental health workers |
8 | who are also certified nurse assistants, physical therapist assistants, housekeeping staff, laundry |
9 | staff, dietary staff or other similar employees providing direct-care services; provided, however |
10 | that this definition of direct-care staff shall not include: |
11 | (A) RNs and LPNs who are classified as “exempt employees” under the federal Fair Labor |
12 | Standards Act (29 U.S.C. § 201 et seq.); or |
13 | (B) CNAs, certified medication technicians, RNs or LPNs who are contracted or |
14 | subcontracted through a third-party vendor or staffing agency. |
15 | (4)(i) By July 31, 2021, and July 31 of each year thereafter, nursing facilities shall submit |
16 | to the secretary or designee a certification that they have complied with the provisions of subsection |
17 | (a)(3) of this section with respect to the inflation index applied on October 1. The executive office |
18 | of health and human services (EOHHS) shall create the certification form nursing facilities must |
19 | complete with information on how each individual eligible employee’s compensation increased, |
20 | including information regarding hourly wages prior to the increase and after the compensation |
21 | increase, hours paid after the compensation increase, and associated increased payroll taxes. A |
22 | collective bargaining agreement can be used in lieu of the certification form for represented |
23 | employees. All data reported on the compliance form is subject to review and audit by EOHHS. |
24 | The audits may include field or desk audits, and facilities may be required to provide additional |
25 | supporting documents including, but not limited to, payroll records. |
26 | (ii) Any facility that does not comply with the terms of certification shall be subjected to a |
27 | clawback and twenty-five percent (25%) penalty of the unspent or impermissibly spent funds, paid |
28 | by the nursing facility to the state, in the amount of increased reimbursement subject to this |
29 | provision that was not expended in compliance with that certification. |
30 | (iii) In any calendar year where no inflationary index is applied, eighty percent (80%) of |
31 | the base rate staffing adjustment in that calendar year pursuant to subsection (a)(2)(vi) of this |
32 | section shall be dedicated to increase compensation for all eligible direct-care workers in the |
33 | manner referenced in subsections (a)(3)(i), (a)(3)(i)(A), and (a)(3)(i)(B) of this section. |
34 | (b) Transition to full implementation of rate reform. For no less than four (4) years after |
| LC004143 - Page 215 of 226 |
1 | the initial application of the price-based methodology described in subsection (a)(2) to payment |
2 | rates, the executive office of health and human services shall implement a transition plan to |
3 | moderate the impact of the rate reform on individual nursing facilities. The transition shall include |
4 | the following components: |
5 | (1) No nursing facility shall receive reimbursement for direct-care costs that is less than |
6 | the rate of reimbursement for direct-care costs received under the methodology in effect at the time |
7 | of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care |
8 | costs under this provision will be phased out in twenty-five-percent (25%) increments each year |
9 | until October 1, 2021, when the reimbursement will no longer be in effect; and |
10 | (2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate the |
11 | first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty- |
12 | five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall |
13 | be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and |
14 | (3) The transition plan and/or period may be modified upon full implementation of facility |
15 | per diem rate increases for quality of care-related measures. Said modifications shall be submitted |
16 | in a report to the general assembly at least six (6) months prior to implementation. |
17 | (4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning |
18 | July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall |
19 | not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent with the |
20 | other provisions of this chapter, nothing in this provision shall require the executive office to restore |
21 | the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) period. |
22 | SECTION 3. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled |
23 | “Uncompensated Care” are hereby amended to read as follows: |
24 | 40-8.3-2. Definitions. |
25 | As used in this chapter: |
26 | (1) “Base year” means, for the purpose of calculating a disproportionate share payment for |
27 | any fiscal year ending after September 30, 2022 2023, the period from October 1, 2020 2021, |
28 | through September 30, 2021 2022, and for any fiscal year ending after September 30, 2023 2024, |
29 | the period from October 1, 2021 2022, through September 30, 2022 2023. |
30 | (2) “Medicaid inpatient utilization rate for a hospital” means a fraction (expressed as a |
31 | percentage), the numerator of which is the hospital’s number of inpatient days during the base year |
32 | attributable to patients who were eligible for medical assistance during the base year and the |
33 | denominator of which is the total number of the hospital’s inpatient days in the base year. |
34 | (3) “Participating hospital” means any nongovernment and nonpsychiatric hospital that: |
| LC004143 - Page 216 of 226 |
1 | (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year |
2 | and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to |
3 | § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless |
4 | of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23- |
5 | 17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient |
6 | care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or |
7 | pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care |
8 | payment rates for a court-approved purchaser that acquires a hospital through receivership, special |
9 | mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued |
10 | a hospital license after January 1, 2013), shall be based upon the newly negotiated rates between |
11 | the court-approved purchaser and the health plan, and the rates shall be effective as of the date that |
12 | the court-approved purchaser and the health plan execute the initial agreement containing the newly |
13 | negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient |
14 | hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall |
15 | thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1 |
16 | following the completion of the first full year of the court-approved purchaser’s initial Medicaid |
17 | managed care contract; |
18 | (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%) |
19 | during the base year; and |
20 | (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during |
21 | the payment year. |
22 | (4) “Uncompensated-care costs” means, as to any hospital, the sum of: (i) The cost incurred |
23 | by the hospital during the base year for inpatient or outpatient services attributable to charity care |
24 | (free care and bad debts) for which the patient has no health insurance or other third-party coverage |
25 | less payments, if any, received directly from such patients; and (ii) The cost incurred by the hospital |
26 | during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less |
27 | any Medicaid reimbursement received therefor; multiplied by the uncompensated-care index.; and |
28 | (iii) the sum of (4)(i) and 4(ii) shall be offset by the estimated hospital’s commercial equivalent |
29 | rates state directed payment for the current SFY in which the disproportionate share hospital (DSH) |
30 | payment is made. The sum of (4)(i), (4)(ii), and (4)(iii) shall be multiplied by the uncompensated |
31 | care index. |
32 | (5) “Uncompensated-care index” means the annual percentage increase for hospitals |
33 | established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including |
34 | the payment year; provided, however, that the uncompensated-care index for the payment year |
| LC004143 - Page 217 of 226 |
1 | ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%), |
2 | and that the uncompensated-care index for the payment year ending September 30, 2008, shall be |
3 | deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care |
4 | index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight |
5 | hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending |
6 | September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September |
7 | 30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018, |
8 | September 30, 2019, September 30, 2020, September 30, 2021, September 30, 2022, September |
9 | 30, 2023, and September 30, 2024, and September 30, 2025, shall be deemed to be five and thirty |
10 | hundredths percent (5.30%). |
11 | 40-8.3-3. Implementation |
12 | (a) For federal fiscal year 2022, commencing on October 1, 2021, and ending September |
13 | 30, 2022, the executive office of health and human services shall submit to the Secretary of the |
14 | United States Department of Health and Human Services a state plan amendment to the Rhode |
15 | Island Medicaid DSH Plan to provide: |
16 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
17 | $145.1 million, shall be allocated by the executive office of health and human services to the Pool |
18 | D component of the DSH Plan; and |
19 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
20 | proportion to the individual participating hospital’s uncompensated-care costs for the base year, |
21 | inflated by the uncompensated-care index to the total uncompensated-care costs for the base year |
22 | inflated by the uncompensated-care index for all participating hospitals. The disproportionate share |
23 | payments shall be made on or before June 30, 2022, and are expressly conditioned upon approval |
24 | on or before July 5, 2022, by the Secretary of the United States Department of Health and Human |
25 | Services, or his or her authorized representative, of all Medicaid state plan amendments necessary |
26 | to secure for the state the benefit of federal financial participation in federal fiscal year 2022 for |
27 | the disproportionate share payments. |
28 | (b) (a) For federal fiscal year 2023, commencing on October 1, 2022, and ending |
29 | September 30, 2023, the executive office of health and human services shall submit to the Secretary |
30 | of the United States Department of Health and Human Services a state plan amendment to the |
31 | Rhode Island Medicaid DSH Plan to provide: |
32 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
33 | $159.0 million, shall be allocated by the executive office of health and human services to the Pool |
34 | D component of the DSH Plan; and |
| LC004143 - Page 218 of 226 |
1 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
2 | proportion to the individual participating hospital’s uncompensated-care costs for the base year, |
3 | inflated by the uncompensated-care index to the total uncompensated-care costs for the base year |
4 | inflated by the uncompensated-care index for all participating hospitals. The disproportionate share |
5 | payments shall be made on or before June 15, 2023, and are expressly conditioned upon approval |
6 | on or before June 23, 2023, by the Secretary of the United States Department of Health and Human |
7 | Services, or his or her authorized representative, of all Medicaid state plan amendments necessary |
8 | to secure for the state the benefit of federal financial participation in federal fiscal year 2023 for |
9 | the disproportionate share payments. |
10 | (c) (b) For federal fiscal year 2024, commencing on October 1, 2023, and ending |
11 | September 30, 2024, the executive office of health and human services shall submit to the Secretary |
12 | of the United States Department of Health and Human Services a state plan amendment to the |
13 | Rhode Island Medicaid DSH Plan to provide: |
14 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
15 | $14.8 7 million, shall be allocated by the executive office of health and human services to the Pool |
16 | D component of the DSH Plan; and |
17 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
18 | proportion to the individual participating hospital’s uncompensated-care costs for the base year, |
19 | inflated by the uncompensated-care index to the total uncompensated-care costs for the base year |
20 | inflated by the uncompensated-care index for all participating hospitals. The disproportionate share |
21 | payments shall be made on or before June 15 30, 2024, and are expressly conditioned upon approval |
22 | on or before June 23, 2024, by the Secretary of the United States Department of Health and Human |
23 | Services, or his or her authorized representative, of all Medicaid state plan amendments necessary |
24 | to secure for the state the benefit of federal financial participation in federal fiscal year 2024 for |
25 | the disproportionate share payments. |
26 | (c) For federal fiscal year 2025, commencing on October 1, 2024, and ending September |
27 | 30, 2025, the executive office of health and human services shall submit to the Secretary of the |
28 | United States Department of Health and Human Services a state plan amendment to the Rhode |
29 | Island Medicaid DSH Plan to provide: |
30 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
31 | $14.7 million, shall be allocated by the executive office of health and human services to the Pool |
32 | D component of the DSH Plan; and |
33 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
34 | proportion to the individual participating hospital’s uncompensated-care costs for the base year, |
| LC004143 - Page 219 of 226 |
1 | inflated by the uncompensated-care index to the total uncompensated-care costs for the base year |
2 | inflated by the uncompensated-care index of all participating hospitals. The disproportionate share |
3 | payments shall be made on or before June 30, 2025, and are expressly conditioned upon approval |
4 | on or before June 23, 2025, by the Secretary of the United States Department of Health and Human |
5 | Services, or his or her authorized representative, of all Medicaid state plan amendments necessary |
6 | to secure for the state the benefit of federal financial participating in federal fiscal year 2025 for |
7 | the disproportionate share payments. |
8 | (d) No provision is made pursuant to this chapter for disproportionate-share hospital |
9 | payments to participating hospitals for uncompensated-care costs related to graduate medical |
10 | education programs. |
11 | (e) The executive office of health and human services is directed, on at least a monthly |
12 | basis, to collect patient-level uninsured information, including, but not limited to, demographics, |
13 | services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island. |
14 | SECTION 4. Section 40.1-8.5-8 of the General Laws in Chapter 40.1-8.5 entitled |
15 | “Community Mental Health Services” is hereby amended to read as follows: |
16 | 40.1-8.5-8. Certified community behavioral health clinics. |
17 | (a) The executive office of health and human services is authorized and directed to submit |
18 | to the Secretary of the United States Department of Health and Human Services a state plan |
19 | amendment for the purposes of establishing Certified Community Behavioral Health Clinics in |
20 | accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014. |
21 | (b) The executive office of health and human services shall amend its Title XIX State plan |
22 | pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C § 1397 et seq.] of the |
23 | Social Security Act as necessary to cover all required services for persons with mental health and |
24 | substance use disorders at a certified community behavioral health clinic through a monthly |
25 | bundled payment methodology that is specific to each organization’s anticipated costs and inclusive |
26 | of all required services within Section 223 of the federal Protecting Access to Medicare Act of |
27 | 2014. Such certified community behavioral health clinics shall adhere to the federal model, |
28 | including payment structures and rates. Any change in Federal requirements and/or guidance may |
29 | result in and necessitate the executive office of health and human services delaying the |
30 | implementation of such certified clinics. |
31 | (c) A certified community behavioral health clinic means any licensed behavioral health |
32 | organization that meets the federal certification criteria of Section 223 of the Protecting Access to |
33 | Medicare Act of 2014. The department of behavioral healthcare, developmental disabilities and |
34 | hospitals shall define additional criteria to certify the clinics including, but not limited to the |
| LC004143 - Page 220 of 226 |
1 | provision of, these services: |
2 | (1) Outpatient mental health and substance use services; |
3 | (2) Twenty-four (24) hour mobile crisis response and hotline services; |
4 | (3) Screening, assessment, and diagnosis, including risk assessments; |
5 | (4) Person-centered treatment planning; |
6 | (5) Primary care screening and monitoring of key indicators of health risks; |
7 | (6) Targeted case management; |
8 | (7) Psychiatric rehabilitation services; |
9 | (8) Peer support and family supports; |
10 | (9) Medication-assisted treatment; |
11 | (10) Assertive community treatment; and |
12 | (11) Community-based mental health care for military service members and veterans. |
13 | (d) Subject to the approval from the United States Department of Health and Human |
14 | Services’ Centers for Medicare and Medicaid Services, the certified community behavioral health |
15 | clinic model pursuant to this chapter shall be established by February 1, 2024 July 1, 2024, and |
16 | include any enhanced Medicaid match for required services or populations served. |
17 | (e) By August 1, 2022, the executive office of health and human services will issue the |
18 | appropriate purchasing process and vehicle for organizations that want to participate in the Certified |
19 | Community Behavioral Health Clinic model program. |
20 | (f) The organizations will submit a detailed cost report developed by the department of |
21 | behavioral healthcare, developmental disabilities and hospitals with approval from the executive |
22 | office of health and human services, that includes the cost for the organization to provide the |
23 | required services. |
24 | (g) The department of behavioral healthcare, developmental disabilities and hospitals, in |
25 | coordination with the executive office of health and human services, will prepare an analysis of |
26 | proposals, determine how many behavioral health clinics can be certified in FY 2024 and the costs |
27 | for each one. Funding for the Certified Behavioral Health Clinics will be included in the FY 2024 |
28 | budget recommended by the Governor. |
29 | (h) The executive office of health and human services shall apply for the federal Certified |
30 | Community Behavioral Health Clinics Demonstration Program if another round of funding |
31 | becomes available. |
32 | SECTION 5. Rhode Island Medicaid Reform Act of 2008 Resolution. |
33 | WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode |
34 | Island Medicaid Reform Act of 2008”; and |
| LC004143 - Page 221 of 226 |
1 | WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws |
2 | section 42-12.4-1, et seq.; and |
3 | WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the secretary |
4 | of the executive office of health and human Services is responsible for the review and coordination |
5 | of any Medicaid section 1115 demonstration waiver requests and renewals as well as any initiatives |
6 | and proposals requiring amendments to the Medicaid state plan or category II or III changes as |
7 | described in the demonstration, “with potential to affect the scope, amount, or duration of publicly- |
8 | funded health care services, provider payments or reimbursements, or access to or the availability |
9 | of benefits and services provided by Rhode Island general and public laws”; and |
10 | WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is |
11 | fiscally sound and sustainable, the secretary requests legislative approval of the following proposals |
12 | to amend the demonstration; and |
13 | WHEREAS, implementation of adjustments may require amendments to the Rhode |
14 | Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the |
15 | demonstration. Further, adoption of new or amended rules, regulations and procedures may also |
16 | be required: |
17 | (a) Nursing Facility Payment Technical Correction. The executive office of health and |
18 | human services will clarify that the “other direct care” component of the nursing facility per diem |
19 | may be revised as necessary based on increases from the most recently finalized year of the cost |
20 | report used in the State’s rate review. |
21 | (b) DSH Uncompensated Care Calculation. The executive office of health and human |
22 | services proposes to seek approval from the federal centers for Medicare and Medicaid services to |
23 | evaluate the impact of the recently enacted hospital directed payments for payments as a percentage |
24 | of commercial equivalent rates in the calculation of base year uncompensated care used for |
25 | disproportionate share hospital payments. |
26 | (c) Provider Reimbursement Rates. The secretary of the executive office of health and |
27 | human services is authorized to pursue and implement any waiver amendments, state plan |
28 | amendments, and/or changes to the applicable department’s rules, regulations, and procedures |
29 | required to implement updates to Medicaid provider reimbursement rates consisting of rate |
30 | increases equal to one third (1/3) of the increases recommended in the Social and Human Service |
31 | Programs Review Final Report produced by the office of the health insurance commissioner |
32 | pursuant to Rhode Island General Laws section 42-14.5-3(t)(2)(x) and including any revisions to |
33 | these recommendations noted by the executive office of health and human services in its SFY 25 |
34 | budget submission. except that one hundred (100) percent of the recommended rate increases for |
| LC004143 - Page 222 of 226 |
1 | Early Intervention shall be implemented in SFY 25, rather than one third of the increases. This |
2 | shall further include the recommendation that these rate updates shall be effective on October 1, |
3 | 2024. |
4 | (d) Federal Financing Opportunities. The executive off health and human services |
5 | proposes that it shall review Medicaid requirements and opportunities under the U.S. Patient |
6 | Protection and Affordable Care Act of 2010 (PPACA) and various other recently enacted federal |
7 | laws and pursue any changes in the Rhode Island Medicaid program that promote, increase and |
8 | enhance service quality, access and cost-effectiveness that may require a Medicaid state plan |
9 | amendment or amendment under the terms and conditions of Rhode Island’s section 1115 waiver, |
10 | its successor, or any extension thereof. Any such actions by the executive office of health and |
11 | human services shall not have an adverse impact on beneficiaries or cause there to be an increase |
12 | in expenditures beyond the amount appropriated for state fiscal year 2025. |
13 | Now, therefore, be it: |
14 | RESOLVED, that the General Assembly hereby approves the proposals stated above in the |
15 | recitals; and be it further; |
16 | RESOLVED, that the secretary of the executive office of health and human services is |
17 | authorized to pursue and implement any waiver amendments, state plan amendments, and/or |
18 | changes to the applicable department’s rules, regulations and procedures approved herein and as |
19 | authorized by Rhode Island General Laws section 42-12.4; and be it further; |
20 | RESOLVED, that this Joint Resolution shall take effect on July 1, 2024. |
21 | SECTION 6. This article shall take effect upon passage, except for Section 6 which shall |
22 | take effect as of July 1, 2024. |
| LC004143 - Page 223 of 226 |
1 | ARTICLE 10 |
2 | RELATING TO LEASES |
3 | SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode |
4 | Island General Laws § 37-6-2(d) authorizing various lease agreements for office space and |
5 | operating space. |
6 | SECTION 2. Department of Corrections (249 Roosevelt Avenue, Pawtucket). |
7 | WHEREAS, the Department of Corrections currently occupies approximately 4,700 square |
8 | feet at 249 Roosevelt Avenue in the City of Pawtucket; |
9 | WHEREAS, the Department of Corrections currently has a current lease agreement, in full |
10 | force and effect, with PUI O, Inc., for approximately 4,700 square feet of office space located at |
11 | 249 Roosevelt Avenue, in the City of Pawtucket; |
12 | WHEREAS, the existing lease expires on July 31, 2024, and the Department of Corrections |
13 | wishes to renew this lease for an additional five-year term; |
14 | WHEREAS, the State of Rhode Island, acting by and through the Department of |
15 | Corrections attests to the fact that there are no clauses in the lease agreement with PUI O, Inc., that |
16 | would interfere with the Department of Corrections lease agreement or use of the facility; |
17 | WHEREAS, the leased premises provide a critical location for the offices of the |
18 | Department of Corrections from which the Department can fulfill its mission; |
19 | WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June |
20 | 30, 2024 is $99,734.04; |
21 | WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years |
22 | of the renewal term will not exceed $106,716.00; |
23 | WHEREAS, the payment of the annual base rent will be made from funds available to the |
24 | Department of Corrections for the payments of rental and lease costs based on annual |
25 | appropriations made by the General Assembly; and |
26 | WHEREAS, the State Properties Committee now respectfully requests the approval of the |
27 | General Assembly for the lease agreement between the Department of Corrections and PUI O, Inc., |
28 | for leased space located at 249 Roosevelt Avenue, Pawtucket; now therefore be it |
29 | RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the |
30 | lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed |
31 | $533,580.00; |
32 | RESOLVED, that this Joint Resolution shall take effect upon passage by the General |
33 | Assembly; |
34 | RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly |
| LC004143 - Page 224 of 226 |
1 | certified copies of this resolution to the Governor, the Director of the Department of Corrections, |
2 | the Director of Administration, the State Budget Officer, and the Chair of the State Properties |
3 | Committee. |
4 | SECTION 3. This article shall take effect upon passage. |
| LC004143 - Page 225 of 226 |
1 | ARTICLE 11 |
2 | RELATING TO EFFECTIVE DATE |
3 | SECTION 1. This act shall take effect as of July 1, 2024, except as otherwise provided |
4 | herein. |
5 | SECTION 2. This article shall take effect upon passage. |
======== | |
LC004143 | |
======== | |
| LC004143 - Page 226 of 226 |