2017 -- H 5204 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO 2017 STATUTORY CONSTRUCTION BILL -- LAW REVISION

SUBMISSION

     Introduced By: Representatives Shekarchi, and Morgan

     Date Introduced: January 26, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

ARTICLE I--STATUTORY CONSTRUCTION

     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

titles 19 and 20 contained in volume 4 of the General Laws of R.I., including every chapter and

section therein, and any chapters and sections of titles 19 and 20 not included in this act may be

and are hereby reenacted as if fully set forth herein.

     SECTION 2. Section 3-5-21 of the General Laws in Chapter 3-5 entitled "Licenses

Generally" is hereby amended to read as follows:

     3-5-21. Revocation or suspension of licenses -- Fines for violating conditions of

license.

     (a) Every license is subject to revocation or suspension and a licensee is subject to fine by

the board, body, or official issuing the license, or by the department or by the division of taxation,

on its own motion, for:

     (1) Breach by the holder of the license of the conditions on which it was issued; or

     (2) Violation by the holder of the license of any rule or regulation applicable; or

     (3) Any fraudulent act or "material misrepresentation" made by an applicant for a license

or a licensee, including, but not limited to, any misrepresentation or of information upon which

the licensing board reasonably relies in rendering any decision concerning a license, licensee, or

establishment; or

     (4) Breach of any provisions of this chapter; or

     (5) Operating in any manner inconsistent with the license, or in any manner consistent

with another class license, without first coming before the board for a new license application.

     (b) Any fine imposed pursuant to this section shall not exceed five hundred dollars ($500)

for the first offense and shall not exceed one thousand dollars ($1,000) for each subsequent

offense. For the purposes of this section, any offense committed by a licensee three (3) years after

a previous offense shall be considered a first offense.

     (c) In the event that a licensee is required to hire a police detail and the police refuse to

place a detail at the location because a licensee has failed to pay outstanding police detail bills or

to reach a payment plan agreement with the police department, the license board may prohibit the

licensee from opening its place of business until such time as the police detail bills are paid or a

payment plan agreement is reached.

     (d) Upon any violation by a licensee under § 3-5-21, the local licensing board, at its sole

discretion, may impose a limitation on the hours of operation of the licensee, regardless of the

license type, and notwithstanding any prior approval of an application for a later closing time.

     SECTION 3. Section 5-69-2 of the General Laws in Chapter 5-69 entitled "License

Procedure for Chemical Dependency Professionals" is hereby amended to read as follows:

     5-69-2. Definitions. [Effective January 1, 2017.]

     As used in this chapter:

     (1) "ACDP" means an advanced chemical dependency professional certification as per

the Rhode Island board for certification of chemical dependency professionals requirements.

     (2) "ACDP II" means an advanced chemical dependency professional II certification as

per the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse.

"ICRC/AODA".

     (3) "Acudetox Specialist (ADS)" means an individual licensed as a chemical-dependency

professional or clinical supervisor who holds a certificate of training that meets or exceeds the

NADA training from a recognized agency.

     (4) "Advertise" includes, but is not limited to, the issuing of, or causing to be distributed,

any card, sign, or device to any person; or the causing, permitting, or allowing of any sign or

marking on, or in, any building or structure, or in any newspaper or magazine or in any directory,

or on radio or television, or by the use of any other means designed to secure public attention.

     (5) "Approved, continuing education" means research and training programs, college and

university courses, in-service training programs, seminars, and conferences designed to maintain

and enhance the skills of substance-abuse counselors or clinical supervisors and which are

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recognized by the ICRC/AODA member board.

     (6) "Auricular acudetox" means the subcutaneous insertion of sterile, disposable,

acupuncture needles in consistent, predetermined, bilateral locations on the ear in accordance

with the NADA protocol.

     (7) "CDCS" means chemical-dependency clinical supervisor.

     (8) "Clergy" includes any minister, priest, rabbi, Christian Science practitioner, or any

other similar religious counselor.

     (9) "Continuum of care network" means public and private substance-abuse care agencies

such as detoxification centers, emergency rooms, hospitals, treatment centers, outpatient- and

day-treatment clinics, and community residences for substance abusers. The services employ, or

refer to, medical, psychological, health, and counseling professions professionals that who treat

substance abuse and related concerns.

     (10) "Department" means the Rhode Island department of health.

     (11) "Director" means the director of the Rhode Island department of health.

     (12) "Documented professional work experience" means the ICRC/AODA member

board-approved form, completed by an employer or approved supervisor, verifying dates of

employment and responsibilities.

     (13) "Experience" means six thousand (6,000) hours of supervised practice of chemical-

dependency counseling in a department of behavioral healthcare, developmental disabilities and

hospitals licensed or ICRC/AODA member-board-approved facility during a sixty-month (60)

period of time immediately preceding the date of application for licensure.

     (14) "General supervision" means available by telephone, cellphone, or electronic means

during business hours.

     (15) "ICRC/AODA" means International Certification and Reciprocity

Consortium/Alcohol and Other Drug Abuse.

     (16) "Licensed, chemical-dependency clinical supervisor" means an individual licensed

by the department of health to practice and supervise substance-abuse counseling and who meets

the qualification established in this section.

     (17) "Licensed, chemical-dependency professional" means an individual licensed by the

department of health to practice substance-abuse counseling and who meets the qualifications

established in this section.

     (18) "Licensing board" or "board" means the board of licensing for chemical-dependency

professionals.

     (19) "Member Board" means the Rhode Island board for certification of chemical

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dependency professionals.

     (20) "National Acupuncture Detoxification Association" ("NADA") means a not-for-

profit organization that provides a certificate of acudetox training.

     (21) "Practice of substance-abuse counseling" means rendering, or offering to render,

professional service for any fee, monetary or otherwise, documented to individuals, families, or

groups. Those professional services include the application of the ICRC/AODA, specific

knowledge, skills, counseling theory, and application of techniques to define goals and develop a

treatment plan of action aimed toward the prevention, education, or treatment in the recovery

process of substance abuse within the continuum-of-care service network. The practice further

includes, but is not limited to, networking and making referrals to medical, social services,

psychological, psychiatric, and/or legal resources when indicated.

     (22) "Recognized education institution" means any educational institution, which that

grants an associate, bachelor, masters, or doctoral degree and which that is recognized by the

board, or by a nationally or regionally recognized educational or professional accrediting

organization.

     (23) "Substance abuse" means addictive (chronic or habitual) consumption, injection,

inhalation, or behavior of/with a substance (such as alcohol and drugs), progressively injuring

and afflicting the user's psychological, physical, social, economical, and/or spiritual functioning.

     (24) "Supervision" means no less than one hour per week and consists of individual or

group supervision with a clinician licensed or certified in substance-abuse counseling with

education, supervisory experience, and ethics approved by the ICRC/AODA member.

     SECTION 4. Section 12-25-17 of the General Laws in Chapter 12-25 entitled "Criminal

Injuries Compensation" is hereby amended to read as follows:

     12-25-17. Definitions.

     As used in this chapter:

     (1) "Administrator" means the program administrator of this chapter.

     (2) "Child" means an unmarried person who is under eighteen (18) years of age and

includes a stepchild or an adopted child.

     (3) "Court" means the superior court.

     (4) "Dependent" means a person wholly or partially dependent upon the income of the

victim at the time of his or her death or would have been so dependent but for the incapacity due

to the injury from which the death resulted. The term includes a child of the victim born after the

death of the victim.

     (5) "Office" means the office of the general treasurer.

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     (6) "Pecuniary loss" includes:

     (i) For personal injury:

     (A) Medical expenses (including psychiatric care) for which the victim is not

compensated by any other source;

     (B) Hospital expenses for which the victim is not compensated by any other source;

     (C) Loss of past earnings for which the victim is not compensated by any other source;

     (D) Loss of future earnings because of a disability resulting from the personal injury for

which the victim is not compensated by any other source.

     (ii) For death:

     (A) Funeral and burial expenses for which the victim's estate is not compensated by any

other source; and

     (B) Loss of support to the dependents of the victim for which the dependents are not

compensated by any other source.

     (iii) Any other expenses actually and necessarily incurred as a result of the personal

injury or death for which the victim or his or her estate is not compensated by any other source,

but it does not include property damage.

     (7) "Personal injury" means actual bodily harm, mental or nervous shock, and a

pregnancy resulting from sexual attack.

     (8) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child,

grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.

     (9) "Resident" means any person who has his or her residence within the state of Rhode

Island.

     (10) "State" includes the District of Columbia, the fifty (50) states, and the United States'

territories and possessions.

     (11) "Treasurer" means the general treasurer of the state of Rhode Island or his or her

designee.

     (12) "Victim" means a person who is injured or killed by any act of a person or persons

which is within the description of any of the offenses specified in § 12-25-20 and which act

occurs in the state of Rhode Island. "Victim" also means a resident of the state of Rhode Island

who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United

States or within the United States as referred to in 42 U.S.C. § 10603b.

     (13) "1972 Act" means the Criminal Injuries Compensation Act of 1972, established

pursuant to former §§ 12-25-1 -- 12-25-12.1.

     (14) "1996 Act" means the Criminal Injuries Compensation Act of 1996, established

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pursuant to §§ 12-25-16 -- 12-25-30 12-25-31.

     SECTION 5. Section 12-32-5 of the General Laws in Chapter 12-32 entitled "Cell Phone

Tracking" is hereby amended to read as follows:

     12-32-5. Reporting requirements.

     (a) By January 31 of each calendar year, each law-enforcement agency that collects

collected any location information from electronic devices in the previous calendar year shall

issue a report identifying the number of warrants issued for location information for an electronic

device that were approved and denied in the previous year, including:

     (1) The identity of the agency making the application; and

     (2) The offense specified in the warrant or application therefor; and

     (3) The number of warrants granted, in full or in part, and the number denied; and

     (4) The number and duration of any extensions of the warrant.

     SECTION 6. Section 15-7-26 of the General Laws in Chapter 15-7 entitled "Adoption of

Children" is hereby amended to read as follows:

     15-7-26. Notice to natural father.

     (a) If the court, after examination, determines that the natural father has not joined in a

petition either for the termination of parental rights of or a petition for adoption or has not

executed a waiver, then the court shall cause inquiry to be made of the mother, as the court in its

discretion shall deem appropriate.

     (b) (1) If, after the inquiry, the natural father is identified to the satisfaction of the court,

he or she shall be given notice in accordance with § 15-7-8 or in any other manner that the court

may direct. Proof of giving the notice shall be filed with the court before a petition for

termination of parental rights or a petition for adoption is granted. If the natural father fails to

appear, or if appearing fails to claim any rights to the child, the court shall enter an order

terminating his or her rights with reference to the child. If the natural father, or a man

representing himself or herself to be the natural father, claims rights to the child, the court shall

proceed to determine his or her rights.

     (2) If, after the inquiry, the court is able to identify the natural father but his or her

whereabouts are unknown, or if the court is unable to identify the natural father, the court, on the

basis of all information available, shall determine whether there is a reasonable probability that

publication of notice of the proceeding will lead to the ascertainment of his or her identity or

whereabouts. If so, the court may order publication in accordance with § 15-7-9.

     SECTION 7. Section 16-7.2-5 of the General Laws in Chapter 16-7.2 entitled "The

Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

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     16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical

High School, and the Metropolitan Regional Career and Technical Center.

     (a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies,

Jr. Career and Technical High School (Davies), and the Metropolitan Regional Career and

Technical Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual

enrollment data for any charter public school shows a ten percent (10%) or greater change from

the prior year enrollment which is used as the reference year average daily membership, the last

six (6) monthly payments to the charter public school will be adjusted to reflect actual enrollment.

The state share of the permanent foundation education aid shall be paid by the state directly to the

charter public schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated

using the state-share ratio of the district of residence of the student as set forth in § 16-7.2-4. The

department of elementary and secondary education shall provide the general assembly with the

calculation of the state share of permanent foundation education aid for charter public schools

delineated by school district.

     (b) The local share of education funding shall be paid to the charter public school,

Davies, and the Met Center by the district of residence of the student and shall be the local, per-

pupil cost calculated by dividing the local appropriation to education from property taxes, net of

debt service, and capital projects, as defined in the uniform chart of accounts by the average daily

membership for each city and town, pursuant to § 16-7-22, for the reference year.

     (c) Beginning in FY 2017, there shall be a reduction to the local per pupil funding paid by

the district of residence to charter public schools, Davies, and the Met Center. This reduction

shall be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the

district of residence pursuant to subsection (b) or (ii) The per-pupil value of the district's costs for

non-public textbooks, transportation for non-public students, retiree health benefits, out-of-district

special-education tuition and transportation, services for students age eighteen (18) to twenty-one

(21) years old, pre-school screening and intervention, and career and technical education, tuition

and transportation costs, debt service and rental costs minus the average expenses incurred by

charter schools for those same categories of expenses as reported in the uniform chart of accounts

for the prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of

elementary and secondary education. In the case where audited financials result in a change in the

calculation after the first tuition payment is made, the remaining payments shall be based on the

most recent audited data. For those districts whose greater reduction occurs under the calculation

of (ii), there shall be an additional reduction to payments to mayoral academies with teachers who

do not participate in the state teacher's retirement system under chapter 8 of title 36 equal to the

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per-pupil value of teacher retirement costs attributable to unfunded liability as calculated by the

state's actuary for the prior preceding fiscal year.

     (d) Local district payments to charter public schools, Davies, and the Met Center for each

district's students enrolled in these schools shall be made on a quarterly basis in July, October,

January, and April; however, the first local-district payment shall be made by August 15, instead

of July. Failure of the community to make the local-district payment for its student(s) enrolled in

a charter public school, Davies, and/or the Met Center may result in the withholding of state

education aid pursuant to § 16-7-31.

     (e) Beginning in FY 2017, school districts with charter public school, Davies, and the

Met Center enrollment, that, combined, comprise five percent (5%) or more of the average daily

membership as defined in § 16-17-22 16-7-22, shall receive additional aid for a period of three

(3) years. Aid in FY 2017 shall be equal to the number of charter public school, open-enrollment

schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times

a per-pupil amount of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to

the number of charter public school, open-enrollment schools, Davies, or the Met Center students

as of the reference year as defined in § 16-7-16 times a per-pupil amount of one hundred dollars

($100). Aid in FY 2019 shall be equal to the number of charter public school, open-enrollment

schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times

a per-pupil amount of fifty dollars ($50.00). The additional aid shall be used to offset the adjusted

fixed costs retained by the districts of residence.

     SECTION 8. Section 16-24-1 of the General Laws in Chapter 16-24 entitled "Children

With Disabilities [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     16-24-1. Duty of school committee to provide special education.

     (a) In any city or town where there is a child with a disability within the age range as

designated by the regulations of the state board of regents for elementary and secondary

education, who is functionally limited to such an extent that normal educational growth and

development is prevented, the school committee of the city or town where the child resides shall

provide the type of special education that will best satisfy the needs of the child with a disability,

as recommended and approved by the state board of regents for elementary and secondary

education in accordance with its regulations governing the education of children with disabilities.

     (b) Notwithstanding any other federal or state law or regulation, the school committee

where a parentally placed child who has, or develops, a disability in private school resides, shall

provide the child with the same free and appropriate education as it provides to children in public

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schools. These children shall have the same rights and remedies in the regulations of the board of

regents for elementary and secondary education governing the education of children with

disabilities as children in public school relative to initially determining eligibility,

implementation, and/or any other rights and remedies relative to any special education services

the child may be eligible or to receive from the public school district.

     (c) For the purpose of this statute, a parentally placed child who has, or develops, a

disability in private school is defined as a child enrolled or placed in a private school by the

unilateral decision of his or her parents and without consolation of the public school district, who

either has, or at some point while at the private school is diagnosed with, a learning disability.

Parents who unilaterally enroll their child in a private school are required to pay the tuition costs

related to the child's education that are unrelated to the child's disability, and the public school

district where the child resides is responsible for payment of the services related to the child's

disability as developed and determined in the child's individual education plan.

     (d) For the purpose of this statute, a free and appropriate education is defined as special

education services and related services that:

     (1) Are provided at public expense, under public supervision and direction, and without

charge;

     (2) Meet all of the standards and requirements of the state of Rhode Island department of

education and requirements of the regulations of the board of regents for elementary and

secondary education governing the education of children with disabilities, which shall include

initial evaluation and determination procedures;

     (3) Include preschool, elementary school or secondary school education in the state; and

     (4) Are provided in conformity with an individualized education program that meets the

requirements of the regulations of the board of regents for elementary and secondary education

governing the education of children with disabilities.

     (e) In those cases that an individual education plan has been adopted for a child and the

child moves to another town or city, the plan shall remain in effect until a new plan is adopted for

the child in the new town or city.

     (f) A child with a disability as referenced in subsection (a) of this section shall have

available to them any benefits provided by this section up to their twenty-first birthday. Provided,

in the event such a child with a disability is enrolled in a post-secondary or transitional

educational program as part of the services provided to the child by the school committee or local

education agency (LEA), and such child reaches twenty-one (21) years of age during a school or

program year, then the school committee's or LEA's obligation to pay for the post-secondary or

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transitional program shall continue through to the conclusion of the school or program's academic

year. Students who require more extensive care will remain under the direction of the department

of rehabilitative services and will be transitioned through the individual education plan prior to

reaching age twenty-one (21).

     SECTION 9. Section 17-19-33 of the General Laws in Chapter 17-19 entitled "Conduct

of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:

     17-19-33. Sealing of voting equipment -- Sealing and forwarding of results,

programmed memory devices and keys.

     (a) The copies of the printout tape from the optical-scan precinct-count unit obtained

pursuant to § 17-19-32 shall be distributed as follows:

     (1) The first copy, which includes the opening of the polling place information,

signatures of the warden and clerk, a timed audit trail of certain events occurring with respect to

the optical-scan precinct-count system, and the vote totals for each candidate, shall be attached to

the return sheet as provided in § 17-19-11 and immediately delivered to the local board of

canvassers where it is processed and delivered to the state board of elections through a procedure

promulgated by the state board;

     (2) A copy shall be made available to the public at the polling place;

     (3) A copy shall be immediately delivered to the local board of canvassers attached to the

return sheet as provided in § 17-19-11, together with the polling place supplies, including the key

to the optical-scan precinct-count unit and other voting equipment and containers; and

     (4) A copy shall be included with the voted ballots and packaged pursuant to this chapter.

     (5) The certified paper or electronic voter list containing voters' signatures shall be

secured separately and returned to the local board of canvassers.

     (6) All completed official affidavits, forms, reports, and supplies shall be packaged and

delivered to the local board for subsequent delivery to the state board.

     (b) The warden shall:

     (1) Remove all voted ballots from the compartment of the optical-scan precinct-count

unit and package them in the container provided and labeled as voted ballots and stored pursuant

to § 17-19-39.1;

     (2) [Deleted by P.L. 2016, ch. 174, § 1 and P.L. 2016, ch. 190, § 1].

     (3) Package all ballots from the emergency bin that have not been counted in the

container provided and labeled as manual-count ballots, and delivered deliver to the local

canvassing authority. Any ballots packaged and labeled as manual-count ballots shall remain

sealed and delivered to the state board through a procedure promulgated by the state board.

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     (c) All ballots so packaged shall be immediately delivered to the local canvassing

authority.

     (d) [Deleted by P.L. 2016, ch. 174, § 1 and P.L. 2016, ch. 190, § 1].

     SECTION 10. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled

"Licensing of Health-Care Facilities" is hereby amended to read as follows:

     23-17-38.1. Hospitals -- Licensing fee.

     (a) There is also imposed a hospital licensing fee at the rate of five and eight hundred

sixty-two thousandths percent (5.862%) upon the net patient-services revenue of every hospital

for the hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for

all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven

percent (37%). The discount for Washington County hospitals is subject to approval by the

Secretary of the U.S. Department of Health and Human Services of a state plan amendment

submitted by the executive office of health and human services for the purpose of pursuing a

waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be

administered and collected by the tax administrator, division of taxation within the department of

revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall

apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 11,

2016, and payments shall be made by electronic transfer of monies to the general treasurer and

deposited to the general fund. Every hospital shall, on or before June 13, 2016, make a return to

the tax administrator containing the correct computation of net patient-services revenue for the

hospital fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All

returns shall be signed by the hospital's authorized representative, subject to the pains and

penalties of perjury.

     (b) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty-

two thousandths percent (5.652%) upon the net patient-services revenue of every hospital for the

hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all

hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent

(37%). The discount for Washington County hospitals is subject to approval by the Secretary of

the U.S. Department of Health and Human Services of a state plan amendment submitted by the

executive office of health and human services for the purpose of pursuing a waiver of the

uniformity requirement for the hospital license fee. This licensing fee shall be administered and

collected by the tax administrator, division of taxation within the department of revenue, and all

the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every

hospital shall pay the licensing fee to the tax administrator on or before July 10, 2017, and

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payments shall be made by electronic transfer of monies to the general treasurer and deposited to

the general fund. Every hospital shall, on or before June 14, 2017, make a return to the tax

administrator containing the correct computation of net patient-services revenue for the hospital

fiscal year ending September 30, 2015 and the licensing fee due upon that amount. All returns

shall be signed by the hospital's authorized representative, subject to the pains and penalties of

perjury.

     (c) For purposes of this section the following words and phrases have the following

meanings:

     (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on

that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23

(hospital conversions) and § 23-17-6(b) (change in effective control), that provides short-term

acute inpatient and/or outpatient care to persons who require definitive diagnosis and treatment

for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the

negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires a

hospital through receivership, special mastership, or other similar state insolvency proceedings

(which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based

upon the newly negotiated rates between the court-approved purchaser and the health plan, and

such rates shall be effective as of the date that the court-approved purchaser and the health plan

execute the initial agreement containing the newly negotiated rate. The rate-setting methodology

for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-8-

13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases

for each annual twelve-month (12) period as of July 1 following the completion of the first full

year of the court-approved purchaser's initial Medicaid managed care contract.

     (2) "Gross patient-services revenue" means the gross revenue related to patient care

services.

     (3) "Net patient-services revenue" means the charges related to patient care services less

(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.

     (d) The tax administrator shall make and promulgate any rules, regulations, and

procedures not inconsistent with state law and fiscal procedures that he or she deems necessary

for the proper administration of this section and to carry out the provisions, policy, and purposes

of this section.

     (e) The licensing fee imposed by this section shall apply to hospitals as defined herein

that are duly licensed on July 1, 2016, and shall be in addition to the inspection fee imposed by §

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23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.

     SECTION 11. Section 23-24.9-3 of the General Laws in Chapter 23-24.9 entitled

"Mercury Reduction and Education Act" is hereby amended to read as follows:

     23-24.9-3. Definitions. [Effective until January 1, 2020.]

     For the purpose of this chapter:

     (1) "Component" means a mercury-added product which that is incorporated into

another product to form a fabricated mercury-added product, including, but not limited to,

electrical switches and lamps.

     (2) "Department" means the department of environmental management.

     (3) "Director" means the director of the department of environmental management or any

subordinate or subordinates to whom the director has delegated the powers and duties vested in

him or her by this chapter.

     (4) "Fabricated mercury-added product" means a product that consists of a combination

of individual components that combine to make a single unit, including, but not limited to,

mercury-added measuring devices, lamps, and switches to which mercury or a mercury

compound is intentionally added in order to provide a specific characteristic, appearance, or

quality, or to perform a specific function or for any other reason.

     (5) "Formulated mercury-added product" means a product that includes, but is not limited

to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials

that are sold as a consistent mixture of chemicals to which mercury or a mercury compound is

intentionally added in order to provide a specific characteristic, appearance, or quality, or to

perform a specific function or for any other reason.

     (6) "Healthcare facility" means any hospital, nursing home, extended care extended-

care facility, long-term care long-term-care facility, clinical or medical laboratory, state or

private health or mental institution, clinic, physician's office, or health maintenance organization.

     (7) "Manufacturer" means any person, firm, association, partnership, corporation,

governmental entity, organization, combination, or joint venture that produces a mercury-added

product or an importer or domestic distributor of a mercury-added product produced in a foreign

country. In the case of a multi-component, mercury-added product, the manufacturer is the last

manufacturer to produce or assemble the product. If the multi-component product is produced in

a foreign country, the manufacturer is the importer or domestic distributor. In the case of

mercury-containing thermostats, the manufacturer is the original equipment manufacturer who or

that sells or sold a mercury-containing thermostat under a brand or label it the manufacturer

owns, or is or was licensed to use a mercury-containing thermostat produced by other suppliers.

LC000790/SUB A/2 - Page 13 of 69

     (8) "Mercury-added button cell battery" means a button cell battery to which the

manufacturer intentionally introduces mercury for the operation of the battery.

     (9) "Mercury-added novelty" means a mercury-added product intended mainly for

personal or household enjoyment or adornment. Mercury-added novelties include, but are not

limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard

statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear),

or similar products.

     (10) "Mercury-added product" means a product, commodity, chemical, or a product with

a component that contains mercury or a mercury compound intentionally added to the product,

commodity, chemical, or component in order to provide a specific characteristic, appearance, or

quality, or to perform a specific function or for any other reason. These products include

formulated mercury-added products and fabricated mercury-added products.

     (11) "Mercury fever thermometer" means a mercury-added product that is used for

measuring body temperature.

     (12) "Mercury-containing thermostat" means a product or device that uses a mercury

switch to sense and control room temperature through communication with heating, ventilating,

or air-conditions equipment. "Mercury-containing thermostat" includes thermostats used to sense

and control room temperature in residential, commercial, industrial, and other buildings, but does

not include a thermostat used to sense and control temperature as part of a manufacturing process.

     (13) "Person" means an individual, trust, firm, joint stock company, corporation

(including a government corporation), partnership, association, the federal government or any

agency or subdivision thereof, a state, municipality, commission, political subdivision of a state,

or any interstate body.

     (14) "Thermostat retailer" means a person or entity who or that sells thermostats of any

kind directly to homeowners or other nonprofessionals through any selling or distribution

mechanism, including, but not limited to, sales using the internet or catalogues. A retailer may

also be a wholesaler if it meets the definition of wholesaler.

     (15) "Thermostat wholesaler" means a person or entity that is engaged in the

distribution and wholesale sale of thermostats and other heating, ventilation, and air-conditioning

components to contractors who install heating, ventilation, and air-conditioning components.

     (16) "Contractor" means a person engaged in the business of installation, service, or

removal of heating, ventilation, and air-conditioning components.

     (17) "Qualified contractor" means a person engaged in the business of installation,

service, or removal of heating, ventilation, and air-conditioning components who employs seven

LC000790/SUB A/2 - Page 14 of 69

(7) or more service technicians or installers or who is located in an area outside of an urban area,

as defined by the United States bureau of the census.

     (18) "Local government collections" means collections completed by household

hazardous waste facilities, solid waste management agencies, environmental management

agencies, or the department of health.

     23-24.9-3. Definitions. [Effective January 1, 2020.]

     For the purpose of this chapter:

     (1) "Component" means a mercury-added product which that is incorporated into

another product to form a fabricated mercury-added product, including, but not limited to,

electrical switches and lamps.

     (2) "Contractor" means a person engaged in the business of installation, service, or

removal of heating, ventilation, and air-conditioning components.

     (3) "Corporation" means the Rhode Island resource recovery corporation created and

established pursuant to chapter 19 of title 23.

     (4) "Covered entity" means any person who presents to a collection facility that is

included in an approved plan:

     (i) Any number of compact fluorescent mercury-containing lamps; or

     (ii) Ten (10) or fewer mercury-containing lamps that are not compact fluorescent lamps

and are not from a large-use application.

     (5) "Department" means the department of environmental management.

     (6) "Director" means the director of the department of environmental management or any

subordinate or subordinates to whom the director has delegated the powers and duties vested in

him or her by this chapter.

     (7) "Fabricated mercury-added product" means a product that consists of a combination

of individual components that combine to make a single unit, including, but not limited to,

mercury-added measuring devices, lamps, and switches to which mercury, or a mercury

compound, is intentionally added in order to provide a specific characteristic, appearance, or

quality, or to perform a specific function, or for any other reason.

     (8) "Formulated mercury-added product" means a product that includes, but is not limited

to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials

that are sold as a consistent mixture of chemicals to which mercury, or a mercury compound, is

intentionally added in order to provide a specific characteristic, appearance, or quality, or to

perform a specific function, or for any other reason.

     (9) "Healthcare facility" means any hospital, nursing home, extended-care facility, long-

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term care facility, clinical or medical laboratory, state or private health or mental institution,

clinic, physician's office, or health maintenance organization.

     (10) "Local government collections" means collections completed by household

hazardous-waste facilities, solid-waste management agencies, environmental management

agencies, or the department of health.

     (11) "Manufacturer" means any person, firm, association, partnership, corporation,

governmental entity, organization, combination, or joint venture that produces a mercury-added

product or an importer or domestic distributor of a mercury-added product produced in a foreign

country. In the case of a multi-component mercury-added product, the manufacturer is the last

manufacturer to produce or assemble the product. If the multi-component product is produced in

a foreign country, the manufacturer is the importer or domestic distributor. In the case of

mercury-containing thermostats, the manufacturer is the original equipment manufacturer who or

that sells or sold a mercury-containing thermostat under a brand or label it the manufacturer

owns, or is or was licensed to use a mercury-containing thermostat produced by other suppliers.

      (12) In the case of mercury-containing lamps, the manufacturer is a person or entity who

or that:

     (i) Manufactures or manufactured a mercury-containing lamp under his, her, or its own

brand or label for sale in the state;

     (ii) Sells in the state under its own brand or label a mercury-containing lamp produced by

another supplier;

     (iii) Owns a brand that he, she or it licenses, or licensed to another person or entity for

use on a mercury-containing lamp sold in the state;

     (iv) Imports into the United States for sale in the state a mercury-containing lamp

manufactured by a person or entity without a presence in the United States;

     (v) Manufactures a mercury-containing lamp for sale in the state without affixing a brand

name; or

     (vi) Assumes the responsibilities, obligation, and liabilities of a manufacturer as defined

under paragraphs (i) through (v) of this subsection.

     (13) "Mercury-added button cell battery" means a button cell battery to which the

manufacturer intentionally introduces mercury for the operation of the battery.

     (14) "Mercury-added novelty" means a mercury-added product intended mainly for

personal or household enjoyment or adornment. Mercury-added novelties include, but are not

limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard

statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear),

LC000790/SUB A/2 - Page 16 of 69

or similar products.

     (15) "Mercury-added product" means a product, commodity, chemical, or a product with

a component that contains mercury or a mercury compound intentionally added to the product,

commodity, chemical, or component in order to provide a specific characteristic, appearance, or

quality, or to perform a specific function or for any other reason. These products include

formulated mercury-added products and fabricated mercury-added products.

     (16) "Mercury-containing lamp" means a general-purpose lamp to which mercury is

intentionally added during the manufacturing process. "Mercury-containing lamp" does not mean

a lamp used for medical, disinfection, treatment, or industrial purposes.

     (17) "Mercury-containing thermostat" means a product or device that uses a mercury

switch to sense and control room temperature through communication with heating, ventilating,

or air-conditioning equipment. "Mercury-containing thermostat" includes thermostats used to

sense and control room temperature in residential, commercial, industrial, and other buildings, but

does not include a thermostat used to sense and control temperature as part of a manufacturing

process.

     (18) "Mercury fever thermometer" means a mercury-added product that is used for

measuring body temperature.

     (19) "Person" means an individual, trust, firm, joint stock company, corporation

(including a government corporation), partnership, association, the federal government or any

agency or subdivision thereof, a state, municipality, commission, political subdivision of a state,

or any interstate body.

     (20) "Qualified contractor" means a person or entity engaged in the business of

installation, service, or removal of heating, ventilation, and air-conditioning components who or

that employs seven (7) or more service technicians or installers or who or that is located in an

area outside of an urban area, as defined by the United States bureau of the census.

      (21) "Thermostat retailer" means a person or entity who or that sells thermostats of any

kind directly to homeowners or other nonprofessionals through any selling or distribution

mechanism, including, but not limited to, sales using the internet or catalogues. A retailer may

also be a wholesaler if it meets the definition of wholesaler.

     (22) "Thermostat wholesaler" means a person or entity who or that is engaged in the

distribution and wholesale sale of thermostats and other heating, ventilation, and air-conditioning

components to contractors who install heating, ventilation, and air-conditioning components.

     SECTION 12. Section 27-1.2-5 of the General Laws in Chapter 27-1.2 entitled

"Corporate Governance Annual Disclosure" is hereby amended to read as follows:

LC000790/SUB A/2 - Page 17 of 69

     27-1.2-5. Contents of corporate governance annual disclosure. [Effective January 1,

2017.]

     (a) The insurer or insurance group shall have discretion over the responses to the CGAD

inquiries, provided the CGAD shall contain the material information necessary to permit the

commissioner to obtain an understanding of the insurer's or group's corporate governance

structure, policies, and practices. The commissioner may request additional information that they

deem the commissioner deems material and necessary to provide the commissioner with a clear

understanding of the corporate governance policies; the reporting or information system; or

controls implementing those policies.

     (b) Notwithstanding subsection (a), the CGAD shall be prepared consistent with the

corporate governance annual disclosure regulation adopted by the division of insurance and

supporting information shall be maintained and made available upon examination or upon request

of the commissioner.

     SECTION 13. Section 31-41.3-8 of the General Laws in Chapter 31-41.3 entitled

"Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as

follows:

     31-41.3-8. Procedure notice.

     (a) Except as expressly provided in this chapter, all prosecutions based on evidence

produced by an automated school-zone-speed-enforcement system shall follow the procedures

established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the

chief judge of the district court chief magistrate of the traffic tribunal for the hearing of civil

traffic violations. Citations may be issued by an officer solely based on evidence obtained by use

of an automated school-zone-speed-enforcement system. All citations issued based on evidence

obtained from an automated school-zone-speed-enforcement system shall be issued within

fourteen (14) days of the violation.

     (b) It shall be sufficient to commence a prosecution based on evidence obtained from an

automated school-zone-speed-enforcement system, provided that a copy of the citation and

supporting documentation be mailed to the address of the registered owner kept on file by the

registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of issuance

shall be the date of mailing.

     (c) The officer issuing the citation shall certify under penalties of perjury that the

evidence obtained from the automated school-zone-speed-enforcement system was sufficient to

demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all

prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient

LC000790/SUB A/2 - Page 18 of 69

proof of actual notice in all cases where the citation is not answered within the time period

permitted.

     (d) The citation shall contain all the information provided for in the uniform summons as

referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the

traffic tribunal.

     (e) In addition to the information in the uniform summons, the following information

shall be attached to the citation:

     (1) Copies of two (2) or more photographs, or microphotographs, or other recorded

images taken as proof of the violation; and

     (2) A signed statement by a trained law enforcement officer that, based on inspection of

recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31

relating to speed restrictions: and

     (3) A statement that recorded images are evidence of a violation of this chapter; and

     (4) A statement that the person who receives a summons under this chapter may either

pay the civil penalty in accordance with the provisions of § 31-41.1-3, or elect to stand trial for

the alleged violation.

     SECTION 14. Section 34-25.2-6 of the General Laws in Chapter 34-25.2 entitled "Rhode

Island Home Loan Protection Act" is hereby amended to read as follows:

     34-25.2-6. Limitations and prohibited practices regarding high-cost home loans.

     A high-cost home loan shall be subject to the following additional limitations and

prohibited practices:

     (a) In connection with a high-cost home loan, no creditor shall directly or indirectly

finance any points or fees which total is greater than five percent (5%) or of the total loan amount

of or eight hundred dollars ($800) whichever is greater.

     (b) No prepayment fees or penalties shall be included in the loan documents for a high-

cost home loan.

     (c) No high-cost home loan may contain a scheduled payment that is more than twice as

large as the average of earlier scheduled payments. This provision does not apply when the

payment schedule is adjusted to the seasonal or irregular income of the borrower.

     (d) No high-cost home loan may include payment terms under which the outstanding

principal balance or accrued interest will increase at any time over the course of the loan because

the regularly scheduled periodic payments do not cover the full amount of interest due.

     (e) No high-cost home loan may contain a provision that increases the interest rate after

default. This provision does not apply to interest rate changes in a variable rate variable-rate

LC000790/SUB A/2 - Page 19 of 69

loan otherwise consistent with the provisions of the loan documents, provided the change in the

interest rate is not triggered by the event of default or the acceleration of the indebtedness.

     (f) No high-cost home loan may include terms under which more than two (2) periodic

payments required under the loan are consolidated and paid in advance from the loan proceeds

provided to the borrower.

     (g) A creditor may not make a high-cost home loan without first receiving certification

from a counselor with a third-party nonprofit organization approved by the United States

Department of Housing and Urban Development that the borrower has received counseling on the

advisability of the loan transaction.

     (h) A high-cost home loan shall not be extended to a borrower unless a reasonable

creditor would believe at the time the loan is closed that one or more of the borrowers will be able

to make the scheduled payments associated with the loan based upon a consideration of his or her

current and expected income, current obligations, employment status, and other financial

resources, other than the borrower's equity in the collateral that secures the repayment of the loan.

There is a rebuttable presumption that the borrower is able to make the scheduled payments to

repay the obligation if, at the time the loan is consummated, said borrower's total monthly debts,

including amounts under the loan, do not exceed fifty percent (50%) of said borrower's monthly

gross income as verified by tax returns, payroll receipts, and other third-party income verification.

     (i) A creditor may not pay a contractor under a home-improvement contract from the

proceeds of a high-cost home loan, unless:

     (1) The creditor is presented with a signed and dated completion certificate showing that

the home improvements have been completed; and

     (2) The instrument is payable to the borrower or jointly to the borrower and the

contractor, or, at the election of the borrower, through a third-party escrow agent in accordance

with terms established in a written agreement signed by the borrower, the creditor, and the

contractor prior to the disbursement.

     (j) A creditor may not charge a borrower any fees or other charges to modify, renew,

extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-

cost home loan.

     (k) A creditor shall not make available a high-cost home loan that provides for a late

payment fee except as follows:

     (1) The late payment fee shall not be in excess of three percent (3%) of the amount of the

payment past due.

     (2) The late payment fee shall only be assessed for a payment past due for fifteen (15)

LC000790/SUB A/2 - Page 20 of 69

days or more or ten (10) days or more in cases of bi-weekly mortgage payment arrangement.

     (3) The late payment fee shall not be imposed more than once with respect to a single late

payment. If a late payment fee is deducted from a payment made on the loan, and the deduction

causes a subsequent default on a subsequent payment, no late payment fee may be imposed for

the default.

     (4) A creditor shall treat each payment as posted on the same business day as it was

received.

     (l) All high-cost home loan documents that create a debt or pledge property as collateral

shall contain the following notice on the first page in a conspicuous manner: "Notice: This a high-

cost home loan subject to special rules under state law. Purchasers or assignees of this high-cost

home loan may be liable for all claims and defenses by the borrower with respect to the home

loan."

     SECTION 15. Section 39-1-27.12 of the General Laws in Chapter 39-1 entitled "Public

Utilities Commission" is hereby amended to read as follows:

     39-1-27.12. Low-Income Home-Energy Assistance Program Enhancement Plan.

     (a) The Low-Income Home-Energy Assistance Program Enhancement Plan (hereinafter

"LIHEAP Enhancement Plan") is hereby created to supplement the federal Low-Income Home-

Energy Assistance Program ("LIHEAP") funding being received by customers of Rhode Island

electric- and gas-distribution companies.

     (b) Within a period of time sufficient to accomplish the purposes of this section, but not

longer than ninety (90) days after the effective date of this chapter, the department of human

services shall develop a recommended monthly "LIHEAP enhancement charge" rate for the

following year and make a filing with the commission pursuant to this chapter recommending

rates. Thereafter annually, but no later than October 15 of each year, the department shall make

filings with the commission to recommend the LIHEAP enhancement charge rates for each class

of electric- and natural-gas distribution company customer for the following year.

     (c) A LIHEAP enhancement charge approved by the commission shall have the following

limitations:

     (1) For electric-distribution company customers, the charge shall not be more than ten

dollars ($10.00) per year.

     (2) For natural-gas-distribution company customers, the charge shall not be more than ten

dollars ($10.00) per year.

     (3) The total projected annual revenue for the LIHEAP enhancement plan through

charges to all electric- and natural-gas-distribution company customers shall not exceed seven

LC000790/SUB A/2 - Page 21 of 69

million five hundred thousand dollars ($7,500,000) and shall not be below six million five

hundred thousand dollars ($6,500,000).

     A minimum of five percent (5%) shall be allocated to provide assistance to customers

who are seeking LIHEAP certification for the sole purpose of entering into an arrearage plan as

defined in § 39-2-1(d)(2) between April 15 and September 30 of each year. Such customers must

be a homeless family or individual who is transitioning from a shelter into housing and provide

who have provided documentation acceptable to the department of human services. Any funds

remaining at the end of the fiscal year shall be available for the upcoming winter season.

     (d) The commission shall open a docket, to consider for approval, LIHEAP enhancement

charge rates proposed by the department. In reviewing the recommended rates, the commission

shall give due consideration to the recommendations of the department and the standards set forth

in subsection (c). The commission shall issue a decision within sixty (60) days after said

recommendations and report are filed with the commission establishing the enhancement plan

charge rates.

     (e) The electric- or gas-distribution company shall use the funds collected through this

enhancement plan charge to provide a credit to customers' accounts that are receiving federal

LIHEAP assistance payments in a manner determined by the department of human services. The

department of human services shall designate to the gas- or electric-distribution company the

qualifying customer accounts and the amounts to be credited to those customer accounts,

provided that the total amount to be credited to those accounts shall be fully funded by, and not

exceed, the total amount collected through the enhancement plan charge. The electric- or gas-

distribution company's added administrative expenses to process the credit assignments provided

to it by the department of human services will be recoverable either from the LIHEAP

enhancement charge or through a separate charge approved by the public utilities commission.

     (f) As used in this section, "electric- and natural-gas-distribution company" means a

company as defined in subsection 39-1-2(12), but not including the Block Island Power Company

or the Pascoag Utility District.

     SECTION 16. Section 39-2-1 of the General Laws in Chapter 39-2 entitled "Duties of

Utilities and Carriers" is hereby amended to read as follows:

     39-2-1. Reasonable and adequate services -- Reasonable and just charges.

     (a) Every public utility is required to furnish safe, reasonable, and adequate services and

facilities. The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any

public utility for the conveyance or transportation of any persons or property, including sewage,

between points within the state; or for any heat, light, water, or power produced, transmitted,

LC000790/SUB A/2 - Page 22 of 69

distributed, delivered, or furnished; or for any telephone or telegraph message conveyed; or for

any service rendered or to be rendered in connection therewith, shall be reasonable and just, and

every unjust or unreasonable charge for the service is prohibited and declared unlawful, and no

public utility providing heat, light, water, or power produced, transmitted, distributed, delivered,

or furnished shall terminate the service or deprive any home or building, or whatsoever, of

service if the reason therefor is nonpayment of the service without first notifying the user of the

service, or the owner, or owners, of the building as recorded with the utility of the impending

service termination by written notice at least ten (10) days prior to the effective date of the

proposed termination of service.

     (1) Effective immediately, following the issuance of a decision by the commission under

39-1-27.2(d) § 39-1-27.12(d), the utility shall collect a LIHEAP enhancement charge from all

utility customers, for the funding of the LIHEAP Enhancement Fund.

     (b) Any existing rules and regulations dealing with the termination of utility service and

establishing reasonable methods of debt collection promulgated by the commission pursuant to

this chapter and the provisions of § 39-1.1-3 including, but not limited to, any rules and

regulations dealing with deposit and deferred-payment arrangements, winter moratorium and

medical emergency protections, and customer dispute resolution procedures, shall be applicable

to any public utility which that distributes electricity.

     (c) The commission shall promulgate such further rules and regulations as are necessary

to protect consumers following the introduction of competition in the electric industry and which

that are consistent with this chapter and the provisions of § 39-1.1-3. In promulgating such rules

and regulations, the commission shall confer with the retail electric licensing commission and

shall give reasonable consideration to any and all recommendations of the retail electric licensing

commission.

     (d) (1) On or before August 15, 2011, the commission shall administer such rules and

regulations, as may be necessary, to implement the purpose of subdivision (2) of this subsection

and to provide for the restoration of electric and/or gas service to low-income home energy

assistance program (LIHEAP)-eligible households, as this eligibility is defined in the current

LIHEAP state plan for Rhode Island filed with the U.S. Department of Health and Human

Services.

     (2) Effective no later than September 1, 2016, notwithstanding the provisions of part V

sections 4(E)(1)(B) and (C) of the public utilities commission rules and regulations governing the

termination of residential electric-, gas-, and water-utility service, a LIHEAP-eligible customer,

as defined above in this section, who has been terminated from gas and/or electric service or is

LC000790/SUB A/2 - Page 23 of 69

recognized, pursuant to a rule or decision by the division, as being scheduled for actual shut-off

of service on a specific date, shall not be deprived electric and/or gas utility service provided the

following conditions are met:

     (i) The customer has an account balance of at least three hundred dollars ($300) that is

more than sixty (60) days past due;

     (ii) The customer is eligible for the federal low-income home-energy assistance program

and the account is enrolled in the utility low-income rate if offered;

     (iii) If utility service has been terminated, the customer shall make an initial payment of

twenty-five percent (25%) of the unpaid balance, unless the commission has enacted emergency

regulations in which case the customer shall pay the down payment required by the emergency

regulations;

     (iv) The customer agrees to participate in energy efficiency programs;

     (v) The customer applies for other available energy-assistance programs, including fuel

assistance and weatherization;

     (vi) The customer agrees to make at least twelve (12) monthly payments in an amount

determined by the utility and based on the customer's average monthly usage of the previous year,

and the customer's actual or anticipated fuel assistance, if known. The electric- and/or gas-utility

company shall review the payment plan every three (3) months and may adjust said plan based on

the following: the amount of or change in fuel assistance; the customer moves, actual usage

differs from estimated usage; and/or significant changes in the company's energy costs or rates

from the time of anticipated enrollment;

     (vii) With each payment, a portion of the customer's outstanding account balance shall be

forgiven in an amount equal to the total past-due balance divided by the number of months in the

customer agreement;

     (viii) Up to one thousand five hundred dollars ($1,500) shall be forgiven in a twelve-

month (12) period. If the outstanding account balance is greater than one thousand five hundred

dollars ($1,500), the length of the agreement may, at the request of the customer, be extended for

more than twelve (12) months to accommodate the total outstanding balance, provided that the

customer is current with payments at the conclusion of the previous twelve-month (12) period;

     (ix) The customer agrees to remain current with payments. For purposes of this

subsection, remaining current shall mean that the customer: (A) Misses no more than two (2)

payments in a twelve-month (12) period covered by the agreement; and (B) That the amount due

under the agreement is paid in full, by the conclusion of the twelve-month (12) period of the

agreement;

LC000790/SUB A/2 - Page 24 of 69

     (x) Failure to comply with the payment provisions set forth in this subsection shall be

grounds for the customer to be removed from the repayment program established by this

subsection and the balance due on the unpaid balance shall be due and payable in full, in

accordance with the rules of the commission governing the termination of residential electric-,

gas-, and water-utility service, provided, that any arrearage already forgiven under subsection

(d)(2)(ii) of this section shall remain forgiven and be written off by the utility. The amount of the

arrearage, so forgiven, shall be recovered by the electric and/or gas company through an annual

reconciling factor approved by the commission;

     (xi) The commission may promulgate rules and regulations to implement this section that

ensure efficient administration of the program in a non-discriminatory manner consistent with the

goal of providing assistance to customers who are willing and able to meet their obligations to the

utility under this program;

     (xii) Each public utility that provides gas or electric service to residential ratepayers shall

file tariffs implementing the requirements of this section on a date to be determined by the

commission which shall allow for the program to be in place no later than October 1, 2016; and

     (xiii) After two (2) years from the date of completion of the plan or removal from the

plan for failure to remain current with payments and upon recommendation from a community

action partnership agency, a customer shall be eligible to enroll in a subsequent arrearage

forgiveness plan.

     (xiv) A customer, who completes the schedule of payments pursuant to this subsection,

shall have the balance of any arrearage forgiven, and the customer's obligation to the gas and/or

electric company for such unpaid balance shall be deemed to be fully satisfied. The amount of the

arrearage, so forgiven, shall be treated as bad debt for purposes of cost recovery by the gas or the

electric company up to the amount allowed in the gas and/or electric company's most recent

general rate filing. In the event the gas or electric company's bad debt for a calendar year exceeds

the amount allowed in the most recent general-rate filing for the same period, the gas or electric

company shall be entitled to recovery of those write-offs that were the result of the arrearage

forgiveness plan set forth in this section.

     (3) A customer terminated from service under the provisions of subdivision (d)(1) or

(d)(2) shall be eligible for restoration of service in accordance with the applicable provisions of

part V section 4(E)(1)(C), or its successor provision, of the public utilities commission rules and

regulations governing the termination of residential electric, gas, and water service.

     (e) The commission shall complete a comprehensive review of all utility- and energy-

related programs and policies impacting protected classes and low-income ratepayers. In

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conducting its review, the commission shall consult with the division, the attorney general, the

utility, the department of human services, the ratepayers advisory board established by § 39-1-

37.1, community-based organizations, a homeless advisory group, and community action

agencies, each of whom shall cooperate with meetings scheduled by the commission and any

requests for information received by the commission by providing responses within twenty-one

(21) days from issuance. The commission shall submit a report of its findings and

recommendations to the governor and the general assembly no later than November 1, 2018. No

later than November 15, 2017, and annually thereafter, the commission shall submit to the

governor, the senate president, and the speaker of the house a report on the effectiveness of the

customer arrearage program which shall include a cost-benefit analysis and recommendations to

improve effectiveness of the arrearage program.

     SECTION 17. Section 39-26.4-2 of the General Laws in Chapter 39-26.4 entitled "Net

Metering" is hereby amended to read as follows:

     39-26.4-2. Definitions.

     Terms not defined in this section herein shall have the same meaning as contained in

chapter 26 of title 39 of the general laws. When used in this chapter:

     (1) "Community remote-net-metering system" means a facility generating electricity

using an eligible net-metering resource that allocates net-metering credits to a minimum of one

account for system associated with low or moderate housing eligible credit recipients, or three (3)

eligible credit-recipient customer accounts, provided that no more than fifty percent (50%) of the

credits produced by the system are allocated to one eligible credit recipient, and provided further

at least fifty percent (50%) of the credits produced by the system are allocated to the remaining

eligible credit recipients in an amount not to exceed that which is produced annually by twenty-

five kilowatt (25 kW) AC capacity. The community remote-net-metering system may transfer

credits to eligible credit recipients in an amount that is equal to or less than the sum of the usage

of the eligible credit recipient accounts measured by the three-year (3) average annual

consumption of energy over the previous three (3) years. A projected annual consumption of

energy may be used until the actual three-year (3) average annual consumption of energy over the

previous three (3) years at the eligible credit recipient accounts becomes available for use in

determining eligibility of the generating system. The community remote-net-metering system

may be owned by the same entity that is the customer of record on the net-metered account or

may be owned by a third party.

     (2) "Electric-distribution company" shall have the same meaning as § 39-1-2, but shall

not include block island power company or Pascoag utility district, each of whom shall be

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required to offer net metering to customers through a tariff approved by the public utilities

commission after a public hearing. Any tariff or policy on file with the public utilities

commission on the date of passage of this chapter shall remain in effect until the commission

approves a new tariff.

     (3) "Eligible credit recipient" means one of the following eligible recipients in the

electric-distribution company's service territory whose electric service account or accounts may

receive net-metering credits from a community remote net-metering system. Eligible credit

recipients include the following definitions:

     (i) Residential accounts in good standing.

     (ii) "Low- or moderate-income housing eligible credit recipient" means an electric service

account or accounts in good standing associated with any housing development or developments

owned or operated by a public agency, nonprofit organization, limited-equity housing

cooperative, or private developer, that receives assistance under any federal, state, or municipal

government program to assist the construction or rehabilitation of housing affordable to low- or

moderate-income households, as defined in the applicable federal or state statute, or local

ordinance, encumbered by a deed restriction or other covenant recorded in the land records of the

municipality in which the housing is located, that:

     (A) Restricts occupancy of no less than fifty percent (50%) of the housing to households

with a gross, annual income that does not exceed eighty percent (80%) of the area median income

as defined annually by the United States Department of Housing and Urban Development (HUD);

     (B) Restricts the monthly rent, including a utility allowance, that may be charged to

residents, to an amount that does not exceed thirty percent (30%) of the gross, monthly income of

a household earning eight eighty percent (80%) of the area, median income as defined annually

by HUD;

     (C) That has an original term of not less than thirty (30) years from initial occupancy.

Electric service account or accounts in good standing associated with housing developments that

are under common ownership or control may be considered a single low- or moderate-income

housing-eligible credit recipient for purposes of this section. The value of the credits shall be used

to provide benefits to tenants.

     (4) "Eligible net-metering resource" means eligible renewable-energy resource, as

defined in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically

excluding all other listed eligible biomass fuels;

     (5) "Eligible net-metering system" means a facility generating electricity using an eligible

net-metering resource that is reasonably designed and sized to annually produce electricity in an

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amount that is equal to, or less than, the renewable self-generator's usage at the eligible net-

metering-system site measured by the three-year (3) average annual consumption of energy over

the previous three (3) years at the electric-distribution account(s) located at the eligible net-

metering-system site. A projected annual consumption of energy may be used until the actual

three-year (3) average annual consumption of energy over the previous three (3) years at the

electric-distribution account(s) located at the eligible net-metering-system site becomes available

for use in determining eligibility of the generating system. The eligible net-metering system may

be owned by the same entity that is the customer of record on the net-metered accounts or may be

owned by a third party that is not the customer of record at the eligible net-metering system site

and which may offer a third-party, net-metering financing arrangement or public entity, net-

metering financing arrangement, as applicable. Notwithstanding any other provisions of this

chapter, any eligible net-metering resource: (i) Owned by a public entity or multi-municipal

collaborative or (ii) Owned and operated by a renewable-generation developer on behalf of a

public entity or multi-municipal collaborative through public entity net-metering financing

arrangement shall be treated as an eligible net-metering system and all accounts designated by the

public entity or multi-municipal collaborative for net metering shall be treated as accounts

eligible for net metering within an eligible net-metering-system site.

     (6) "Eligible net-metering-system site" means the site where the eligible net-metering

system or community remote net-metering system is located or is part of the same campus or

complex of sites contiguous to one another and the site where the eligible net-metering system or

community remote-net-metering system is located or a farm in which the eligible net-metering

system or community remote-net-metering system is located. Except for an eligible net-metering

system owned by or operated on behalf of a public entity or multi-municipal collaborative

through a public entity net-metering financing arrangement, the purpose of this definition is to

reasonably assure that energy generated by the eligible net-metering system is consumed by net-

metered electric service account(s) that are actually located in the same geographical location as

the eligible net-metering system. All energy generated from any eligible net-metering system is,

and will be considered, consumed at the meter where the renewable-energy resource is

interconnected for valuation purposes. Except for an eligible net-metering system owned by, or

operated on behalf of, a public entity or multi-municipal collaborative through a public entity net-

metering financing arrangement, or except for a community remote-net-metering system, all of

the net-metered accounts at the eligible net-metering-system site must be the accounts of the same

customer of record and customers are not permitted to enter into agreements or arrangements to

change the name on accounts for the purpose of artificially expanding the eligible net-metering-

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system site to contiguous sites in an attempt to avoid this restriction. However, a property owner

may change the nature of the metered service at the accounts at the site to be master metered in

the owner's name, or become the customer of record for each of the accounts, provided that the

owner becoming the customer of record actually owns the property at which the account is

located. As long as the net-metered accounts meet the requirements set forth in this definition,

there is no limit on the number of accounts that may be net metered within the eligible net-

metering-system site.

     (7) "Excess renewable net-metering credit" means a credit that applies to an eligible net-

metering system or community remote-net-metering system for that portion of the production of

electrical energy beyond one hundred percent (100%) and no greater than one hundred twenty-

five percent (125%) of the renewable self-generator's own consumption at the eligible net-

metering-system site or the sum of the usage of the eligible credit recipient accounts associated

with the community remote-net-metering system during the applicable billing period. Such excess

renewable net-metering credit shall be equal to the electric-distribution company's avoided cost

rate, which is hereby declared to be the electric-distribution company's standard offer service

kilowatt hour (kWh) charge for the rate class and time-of-use billing period (if applicable)

applicable to the customer of record for the eligible net-metering system or applicable to the

customer of record for the community remote-net-metering system. The commission shall have

the authority to make determinations as to the applicability of this credit to specific generation

facilities to the extent there is any uncertainty or disagreement.

     (8) "Farm" shall be defined in accordance with § 44-27-2, except that all buildings

associated with the farm shall be eligible for net-metering credits as long as: (i) The buildings are

owned by the same entity operating the farm or persons associated with operating the farm; and

(ii) The buildings are on the same farmland as the project on either a tract of land contiguous

with, or reasonably proximate to, such farmland or across a public way from such farmland.

     (9) "Multi-municipal collaborative" means a group of towns and/or cities that enter into

an agreement for the purpose of co-owning a renewable-generation facility or entering into a

financing arrangement pursuant to subdivision (16).

     (10) "Municipality" means any Rhode Island town or city, including any agency or

instrumentality thereof, with the powers set forth in title 45 of the general laws.

     (11) "Net metering" means using electrical energy generated by an eligible, net-metering

system for the purpose of self-supplying electrical energy and power at the eligible net-metering-

system site, or with respect to a community remote-net-metering system, for the purpose of

generating net-metering credits to be applied to the electric bills of the eligible credit recipients

LC000790/SUB A/2 - Page 29 of 69

associated with the community net-metering system. The amount so generated will thereby offset

consumption at the eligible net-metering system site through the netting process established in

this chapter, or with respect to a community remote-net-metering system, the amounts generated

in excess of that amount will result in credits being applied to the eligible credit-recipient

accounts associated with the community remote-net-metering system.

     (12) "Net-metering customer" means a customer of the electric-distribution company

receiving and being billed for distribution service whose distribution account(s) are being net

metered.

     (13) "Person" means an individual, firm, corporation, association, partnership, farm, town

or city of the State of Rhode Island, multi-municipal collaborative, or the State of Rhode Island or

any department of the state government, governmental agency, or public instrumentality of the

state.

     (14) "Project" means a distinct installation of an eligible net-metering system or a

community remote-net-metering system. An installation will be considered distinct if it is

installed in a different location, or at a different time, or involves a different type of renewable

energy.

     (15) "Public entity" means the state of Rhode Island, municipalities, wastewater

treatment facilities, public transit agencies or any water distributing plant or system employed for

the distribution of water to the consuming public within this state including the water supply

board of the city of Providence.

     (16) "Public entity net-metering financing arrangement" means arrangements entered into

by a public entity or multi-municipal collaborative with a private entity to facilitate the financing

and operation of a net-metering resource, in which the private entity owns and operates an

eligible net-metering resource on behalf of a public entity or multi-municipal collaborative,

where: (i) The eligible net-metering resource is located on property owned or controlled by the

public entity or one of the municipalities, as applicable, and (ii) The production from the eligible

net-metering resource and primary compensation paid by the public entity or multi-municipal

collaborative to the private entity for such production is directly tied to the consumption of

electricity occurring at the designated net-metered accounts.

     (17) "Renewable net-metering credit" means a credit that applies to an eligible net-

metering system or a community remote-net-metering system up to one hundred percent (100%)

of either the renewable self-generator's usage at the eligible net-metering-system site or the sum

of the usage of the eligible credit-recipient accounts associated with the community remote net-

metering system over the applicable billing period. This credit shall be equal to the total kilowatt

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hours of electrical energy generated up to the amount consumed on-site, and/or generated up to

the sum of the eligible credit-recipient account usage during the billing period multiplied by the

sum of the distribution company's:

     (i) Standard offer service kilowatt hour charge for the rate class applicable to the net-

metering customer, except that for remote public entity and multi-municipality collaborative net-

metering systems that submit an application for an interconnection study on or after July 1, 2017,

and community remote-net-metering systems, the standard offer service kilowatt-hour charge

shall be net of the renewable energy standard charge or credit;

     (ii) Distribution kilowatt-hour charge;

     (iii) Transmission kilowatt-hour charge; and

     (iv) Transition kilowatt-hour charge.

     Notwithstanding the foregoing, except for systems that have requested an interconnection

study for which payment has been received by the distribution company, or if an interconnection

study is not required, a completed and paid interconnection application, by December 31, 2018,

the renewable net-metering credit for all remote public entity and multi-municipal collaborative

net-metering systems shall not include the distribution kilowatt hour charge commencing on

January 1, 2050.

     (18) "Renewable self-generator" means an electric distribution service customer of record

for the eligible net-metering system or community remote-net-metering system at the eligible net-

metering-system site which system is primarily designed to produce electrical energy for

consumption by that same customer at its distribution service account(s), and/or, with respect to

community remote-net-metering systems, electrical energy which generates net-metering credits

to be applied to offset the eligible credit-recipient account usage.

     (19) "Third party" means and includes any person or entity, other than the renewable self-

generator, who owns or operates the eligible net-metering system or community remote-net-

metering system on the eligible net-metering-system site for the benefit of the renewable self-

generator.

     (20) "Third-party, net-metering financing arrangement" means the financing of eligible

net-metering systems or community remote-net-metering systems through lease arrangements or

power/credit purchase agreements between a third party and renewable self-generator, except for

those entities under a public entity net-metering finance arrangement. A third party engaged in

providing financing arrangements related to such net-metering systems with a public or private

entity is not a public utility as defined in § 39-1-2.

     SECTION 18. Section 42-11.2-3 of the General Laws in Chapter 42-11.2 entitled

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"Affordable Housing Opportunity" is hereby amended to read as follows:

     42-11.2-3. Definitions.

     Terms used in this chapter shall be defined as follows, unless another meaning is

expressed or clearly apparent from the language or context:

     (1) "Eligible owner" means any of the following entities, provided that it shall have the

legal right to lease or sub-lease existing, newly constructed, or substantially rehabilitated dwelling

units.

     (i) A mutual housing association, a nonprofit housing development corporation, a

limited equity housing cooperative, a limited partnership in which a nonprofit housing

development corporation is the general partner, or a limited partnership in which a

corporation wholly owned by a nonprofit housing development corporation is the general

partner.

     (ii) Any other person or entity the department elects to contract with.

     (2) "Fair market rent" means the fair rental amount for a dwelling unit, as established by

the executive department pursuant to § 42-11.2-9.

     (i) A mutual housing association, a nonprofit housing development corporation, a

limited equity housing cooperative, a limited partnership in which a nonprofit housing

development corporation is the general partner, or a limited partnership in which a

corporation wholly owned by a nonprofit housing development corporation is the general

partner.

     (ii) Any other person or entity the department elects to contract with.

     (3) "Housing costs" means an amount equal to the fair market rent for an assisted unit,

plus a utility allowance for that unit as determined by the executive department.

     (4) "Limited equity housing cooperative" means a cooperative housing association or

corporation organized and operated primarily for the benefit of low and moderate income

persons, and whose equity, after allowance for maximum transfer value of its stock, is

permanently dedicated to providing housing to persons of low or moderate income or to a

charitable purpose.

     (5) "Low-income family" means an individual or family whose total income does not

exceed sixty percent (60%) of the median family income adjusted by family size for the area of

the state in which the family lives, as determined annually by the U.S. Department of Housing

and Urban Development.

     (6) "Mutual housing association" means a nonprofit corporation, incorporated pursuant to

chapter 6 of title 7 and having articles of incorporation approved by the executive director of the

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Rhode Island housing and mortgage finance corporation, having as one of its purposes the

prevention and elimination of neighborhood deterioration and the preservation of neighborhood

stability by affording community and resident involvement in the provision of high-quality, long-

term housing for low and moderate income families in which residents: (i) participate in the

ongoing operation and management of that housing; (ii) have the right to continue residing in the

housing for as long as they comply with the terms of their occupancy agreement; and (iii) do not

possess an equity or ownership interest in the housing.

     (7) "Nonprofit housing development corporation" means a nonprofit corporation, which

has applied under 42 U.S.C. § 501(c)(3) for approval as a § 501(c)(3) corporation with the

Internal Revenue Service, or been so approved, and which is organized and operated with one of

its principal purposes being to provide housing for low and moderate income persons.

     (8) "Utility allowance" means an amount established by the executive department

pursuant to § 42-11.2-10.

     SECTION 19. Section 42-17.1-2 of the General Laws in Chapter 16-77.4 entitled

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

     42-17.1-2. Powers and duties.

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

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

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

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

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

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

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

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

and suppression of contagious diseases among animals; the regulation of the marketing of farm

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

injurious insects and diseases; protection from forest fires; the inspection of apiaries and the

suppression of contagious diseases among bees; the prevention of the sale of adulterated or

misbranded agricultural seeds; promotion and encouragement of the work of farm bureaus, in

cooperation with the University of Rhode Island, farmers' institutes, and the various organizations

established for the purpose of developing an interest in agriculture; together with such other

agencies and activities as the governor and the general assembly may, from time to time, place

under the control of the department; and as heretofore vested by such of the following chapters

and sections of the general laws as are presently applicable to the department of environmental

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management and that were previously applicable to the department of natural resources and the

department of agriculture and conservation or to any of its divisions: chapters 1 through 22,

inclusive, as amended, in title 2 entitled "Agriculture and Forestry"; chapters 1 through 17,

inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry"; chapters 1 through

19, inclusive, as amended, in title 20 entitled "Fish and Wildlife"; chapters 1 through 32,

inclusive, as amended, in title 21 entitled "Food and Drugs"; chapter 7 of title 23, as amended,

entitled "Mosquito Abatement"; and by any other general or public law relating to the department

of agriculture and conservation or to any of its divisions or bureaus;

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

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

"Parks and Recreational Areas"; by chapter 22.5 of title 23, as amended, entitled "Drowning

Prevention and Lifesaving"; and by any other general or public law relating to the division of

parks and recreation;

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

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

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

thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or

public law relating to the division of harbors and rivers;

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

of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety"; and

by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4,

5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry";

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

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

Milk"; together with other powers and duties of the director of the department of health as are

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

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

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

and recreation;

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

created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter

203 of the Public Laws, 1960;

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

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

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limited;

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

administrative support, staff services, and such other services as the board shall reasonably

require for its operation and, in cooperation with the board and the statewide planning program,

to formulate and maintain a long-range guide plan and implementing program for development of

major water-sources transmission systems needed to furnish water to regional- and local-

distribution systems;

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

corporation such facilities, administrative support, staff services, and such other services within

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

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

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

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

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

upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the

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

council in the development and implementation of comprehensive programs for dredging as

provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material

management and disposal sites in accordance with the protocols established pursuant to § 46-6.1-

5(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties

granted herein shall be construed to abrogate the powers or duties granted to the coastal resources

management council under chapter 23 of title 46, as amended;

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

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

disposal systems;

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

and water, and the design, construction, and operation of all sewage-disposal systems; any order

or notice issued by the director relating to the location, design, construction, or maintenance of a

sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director

shall forward the order or notice to the city or town wherein the subject property is located and

the order or notice shall be recorded in the general index by the appropriate municipal official in

the land evidence records in the city or town wherein the subject property is located. Any

subsequent transferee of that property shall be responsible for complying with the requirements of

the order or notice. Upon satisfactory completion of the requirements of the order or notice, the

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director shall provide written notice of the same, which notice shall be similarly eligible for

recordation. The original written notice shall be forwarded to the city or town wherein the subject

property is located and the notice of satisfactory completion shall be recorded in the general index

by the appropriate municipal official in the land evidence records in the city or town wherein the

subject property is located. A copy of the written notice shall be forwarded to the owner of the

subject property within five (5) days of a request for it, and, in any event, shall be forwarded to

the owner of the subject property within thirty (30) days after correction;

     (14) To establish minimum standards for the establishment and maintenance of salutary

environmental conditions, including standards and methods for the assessment and the

consideration of the cumulative effects on the environment of regulatory actions and decisions,

which standards for consideration of cumulative effects shall provide for: (i) Evaluation of

potential cumulative effects that could adversely effect public health and/or impair ecological

functioning; (ii) Analysis of such other matters relative to cumulative effects as the department

may deem appropriate in fulfilling its duties, functions and powers; which standards and methods

shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for

water supply on private and public wells, unless broader use is approved by the general assembly.

The department shall report to the general assembly not later than March 15, 2008, with regard to

the development and application of such standards and methods in Jamestown;

     (15) To establish and enforce minimum standards for permissible types of septage,

industrial-waste disposal sites, and waste-oil disposal sites;

     (16) To establish minimum standards, subject to the approval of the environmental

standards board, for permissible types of refuse disposal facilities; the design, construction,

operation, and maintenance of disposal facilities; and the location of various types of facilities;

     (17) To exercise all functions, powers, and duties necessary for the administration of

chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act";

     (18) To designate, in writing, any person in any department of the state government or

any official of a district, county, city, town, or other governmental unit, with that official's

consent, to enforce any rule, regulation, or order promulgated and adopted by the director under

any provision of law; provided, however, that enforcement of powers of the coastal resources

management council shall be assigned only to employees of the department of environmental

management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;

     (19) To issue and enforce such rules, regulations, and orders as may be necessary to carry

out the duties assigned to the director and the department by any provision of law; and to conduct

such investigations and hearings and to issue, suspend, and revoke such licenses as may be

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necessary to enforce those rules, regulations, and orders. Any license suspended under such rules,

regulations, and/or orders shall be terminated and revoked if the conditions that led to the

suspension are not corrected to the satisfaction of the director within two (2) years; provided that

written notice is given by certified mail, return receipt requested, no less than sixty (60) days

prior to the date of termination.

     Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a

contested licensing matter shall occur where resolution substantially deviates from the original

application unless all interested parties shall be notified of said proposed resolution and provided

with opportunity to comment upon said resolution pursuant to applicable law and any rules and

regulations established by the director;

     (20) To enter, examine, or survey, at any reasonable time, such places as the director

deems necessary to carry out his or her responsibilities under any provision of law subject to the

following provisions:

     (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

search warrant from an official of a court authorized to issue warrants, unless a search without a

warrant is otherwise allowed or provided by law;

     (ii) (A) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated by the department in accordance with chapter 35 of title 42;

     (B) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

     (I) For closely regulated industries;

     (II) In situations involving open fields or conditions that are in plain view;

     (III) In emergency situations;

     (IV) In situations presenting an imminent threat to the environment or public health,

safety, or welfare;

     (V) If the owner, operator, or agent in charge of the facility, property, site, or location

consents; or

     (VI) In other situations in which a warrant is not constitutionally required.

     (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

director in his or her discretion deems it advisable, an administrative search warrant, or its

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose

of conducting an administrative inspection. The warrant shall be issued in accordance with the

applicable constitutional standards for the issuance of administrative search warrants. The

administrative standard of probable cause, not the criminal standard of probable cause, shall

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apply to applications for administrative search warrants;

     (I) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the department to forfeit the element of surprise in its inspection efforts;

     (II) An administrative warrant issued pursuant to this subsection must be executed and

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise;

     (III) An administrative warrant may authorize the review and copying of documents that

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare

an inventory of the documents taken. The time, place, and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of

the inventory shall be delivered to the person from whose possession or facility the documents

were taken. The seized documents shall be copied as soon as feasible under circumstances

preserving their authenticity, then returned to the person from whose possession or facility the

documents were taken;

     (IV) An administrative warrant may authorize the taking of samples of air, water, or soil

or of materials generated, stored, or treated at the facility, property, site, or location. Upon

request, the department shall make split samples available to the person whose facility, property,

site, or location is being inspected;

     (V) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself, by the issuing court.

     (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to

department personnel pursuant to an administrative warrant shall constitute a contempt of court

and shall subject the refusing party to sanctions, which in the court's discretion may result in up to

six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per

refusal.

     (21) To give notice of an alleged violation of law to the person responsible therefor

whenever the director determines that there are reasonable grounds to believe that there is a

violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted

pursuant to authority granted to him or her, unless other notice and hearing procedure is

specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney

general to prosecute offenders as required by law;

     (i) The notice shall provide for a time within which the alleged violation shall be

remedied, and shall inform the person to whom it is directed that a written request for a hearing

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on the alleged violation may be filed with the director within ten (10) days after service of the

notice. The notice will be deemed properly served upon a person if a copy thereof is served him

or her personally; or sent by registered or certified mail to his or her last known address; or if he

or she is served with notice by any other method of service now or hereafter authorized in a civil

action under the laws of this state. If no written request for a hearing is made to the director

within ten (10) days of the service of notice, the notice shall automatically become a compliance

order;

     (ii) (A) Whenever the director determines that there exists a violation of any law, rule, or

regulation within his or her jurisdiction that requires immediate action to protect the environment,

he or she may, without prior notice of violation or hearing, issue an immediate-compliance order

stating the existence of the violation and the action he or she deems necessary. The compliance

order shall become effective immediately upon service or within such time as is specified by the

director in such order. No request for a hearing on an immediate-compliance order may be made;

     (B) Any immediate-compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days; provided, however, that for

good cause shown, the order may be extended one additional period not exceeding forty-five (45)

days.

     (iii) The director may, at his or her discretion and for the purposes of timely and effective

resolution and return to compliance, cite a person for alleged noncompliance through the issuance

of an expedited citation in accordance with subsection 42-17.6-3(c);

     (iv) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

director within ten (10) days of the service of notice of violation, the director shall set a time and

place for the hearing, and shall give the person requesting that hearing at least five (5) days

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

decision shall be deemed a compliance order and shall be served upon the person responsible in

any manner provided for the service of the notice in this section;

     (v) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order;

     (vi) Whenever a compliance order has become effective, whether automatically where no

hearing has been requested, where an immediate compliance order has been issued, or upon

decision following a hearing, the director may institute injunction proceedings in the superior

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court of the state for enforcement of the compliance order and for appropriate temporary relief,

and in that proceeding, the correctness of a compliance order shall be presumed and the person

attacking the order shall bear the burden of proving error in the compliance order, except that the

director shall bear the burden of proving in the proceeding the correctness of an immediate

compliance order. The remedy provided for in this section shall be cumulative and not exclusive

and shall be in addition to remedies relating to the removal or abatement of nuisances or any

other remedies provided by law;

     (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)

days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to

review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the

petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of

certiorari.

     (22) To impose administrative penalties in accordance with the provisions of chapter 17.6

of this title and to direct that such penalties be paid into the account established by subdivision

(26); and

     (23) The following definitions shall apply in the interpretation of the provisions of this

chapter:

     (i) Director: The term "director" shall mean the director of environmental management of

the state of Rhode Island or his or her duly authorized agent;

     (ii) Person: The term "person" shall include any individual, group of individuals, firm,

corporation, association, partnership, or private or public entity, including a district, county, city,

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

having active and general supervision of the properties of such corporation;

     (iii) Service: (A) Service upon a corporation under this section shall be deemed to include

service upon both the corporation and upon the person having active and general supervision of

the properties of such corporation;

     (B) For purposes of calculating the time within which a claim for a hearing is made

pursuant to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or

three (3) days from the date of mailing of said notice, whichever shall first occur.

     (24) (i) To conduct surveys of the present private and public camping and other

recreational areas available and to determine the need for and location of such other camping and

recreational areas as may be deemed necessary and in the public interest of the state of Rhode

Island and to report back its findings on an annual basis to the general assembly on or before

March 1 of every year;

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     (ii) Additionally, the director of the department of environmental management shall take

such additional steps, including, but not limited to, matters related to funding as may be necessary

to establish such other additional recreational facilities and areas as are deemed to be in the public

interest.

     (25) (i) To apply for and accept grants and bequests of funds, with the approval of the

director of administration, from other states, interstate agencies, and independent authorities, and

private firms, individuals, and foundations, for the purpose of carrying out his or her lawful

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

account created in the natural resources program for funds made available for that program's

purposes or in a restricted receipt account created in the environmental protection program for

funds made available for that program's purposes. All expenditures from the accounts shall be

subject to appropriation by the general assembly, and shall be expended in accordance with the

provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the

event that the trust account balance shows a surplus after the project as provided for in the grant

or bequest has been completed, the director may utilize said appropriated unspecified or

appropriated surplus funds for enhanced management of the department's forest and outdoor

public recreation areas, or other projects or programs that promote the accessibility of recreational

opportunities for Rhode Island residents and visitors;

     (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by

October 1 of each year, a detailed report on the amount of funds received and the uses made of

such funds.

     (26) To establish fee schedules by regulation, with the approval of the governor, for the

processing of applications and the performing of related activities in connection with the

department's responsibilities pursuant to subdivision (12); chapter 19.1 of title 23, as it relates to

inspections performed by the department to determine compliance with chapter 19.1 and rules

and regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to

inspections performed by the department to determine compliance with chapter 18.9 and the rules

and regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12

of title 46, insofar as it relates to water-quality certifications and related reviews performed

pursuant to provisions of the federal Clean Water Act; the regulation and administration of

underground storage tanks and all other programs administered under chapter 12 of title 46 and §

2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as they relate to

any reviews and related activities performed under the provisions of the Groundwater Protection

Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-added

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products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all

enforcement, permitting and licensing matters to the administrative adjudication division for

environmental matters. Two (2) fee ranges shall be required: for "Appeal of enforcement

actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for "Appeal of

application decisions", a range of five hundred dollars ($500) to ten thousand dollars ($10,000).

The monies from the administrative adjudication fees will be deposited as general revenues and

the amounts appropriated shall be used for the costs associated with operating the administrative

adjudication division.

     There is hereby established an account within the general fund to be called the water and

air protection program. The account shall consist of sums appropriated for water and air pollution

control and waste-monitoring programs and the state controller is hereby authorized and directed

to draw his or her orders upon the general treasurer for the payment of such sums, or such

portions thereof, as may be required, from time to time, upon receipt by him or her of properly

authenticated vouchers. All amounts collected under the authority of this subdivision for the

sewage-disposal-system program and fresh-waters wetlands program will be deposited as general

revenues and the amounts appropriated shall be used for the purposes of administering and

operating the programs. The director shall submit to the house fiscal advisor and the senate fiscal

advisor by January 15 of each year a detailed report on the amount of funds obtained from fines

and fees and the uses made of such funds.

     (27) To establish and maintain a list or inventory of areas within the state worthy of

special designation as "scenic" to include, but not be limited to, certain state roads or highways,

scenic vistas, and scenic areas, and to make the list available to the public;

     (28) To establish and maintain an inventory of all interests in land held by public and

private land trust and to exercise all powers vested herein to insure the preservation of all

identified lands;

     (i) The director may promulgate and enforce rules and regulations to provide for the

orderly and consistent protection, management, continuity of ownership and purpose, and

centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or

in part through other interests, rights, or devices such as conservation easements or restrictions,

by private and public land trusts in Rhode Island. The director may charge a reasonable fee for

filing of each document submitted by a land trust;

     (ii) The term "public land trust" means any public instrumentality created by a Rhode

Island municipality for the purposes stated herein and financed by means of public funds

collected and appropriated by the municipality. The term "private land trust" means any group of

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five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode

Island as a nonbusiness corporation for the purposes stated herein, or a national organization such

as the nature conservancy. The main purpose of either a public or a private land trust shall be the

protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other

natural features, areas, or open space for the purpose of managing or maintaining, or causing to

be managed or maintained by others, the land, water, and other natural amenities in any

undeveloped and relatively natural state in perpetuity. A private land trust must be granted

exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]

within two (2) years of its incorporation in Rhode Island or it may not continue to function as a

land trust in Rhode Island. A private land trust may not be incorporated for the exclusive purpose

of acquiring or accepting property or rights in property from a single individual, family,

corporation, business, partnership, or other entity. Membership in any private land trust must be

open to any individual subscribing to the purposes of the land trust and agreeing to abide by its

rules and regulations including payment of reasonable dues;

     (iii) (A) Private land trusts will, in their articles of association or their bylaws, as

appropriate, provide for the transfer to an organization, created for the same or similar purposes,

the assets, lands and land rights and interests held by the land trust in the event of termination or

dissolution of the land trust.

     (B) All land trusts, public and private, will record in the public records, of the appropriate

towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other

interests and rights acquired in land and will also file copies of all such documents and current

copies of their articles of association, their bylaws, and their annual reports with the secretary of

state and with the director of the Rhode Island department of environmental management. The

director is hereby directed to establish and maintain permanently a system for keeping records of

all private and public land trust land holdings in Rhode Island.

     (29) The director will contact in writing, not less often than once every two (2) years,

each public or private land trust to ascertain: that all lands held by the land trust are recorded with

the director; the current status and condition of each land holding; that any funds or other assets

of the land trust held as endowment for specific lands have been properly audited at least once

within the two-year (2) period; the name of the successor organization named in the public or

private land trust's bylaws or articles of association; and any other information the director deems

essential to the proper and continuous protection and management of land and interests or rights

in land held by the land trust. In the event that the director determines that a public or private land

trust holding land or interest in land appears to have become inactive, he or she shall initiate

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proceedings to effect the termination of the land trust and the transfer of its lands, assets, land

rights, and land interests to the successor organization named in the defaulting trust's bylaws or

articles of association or to another organization created for the same or similar purposes. Should

such a transfer not be possible, then the land trust, assets, and interest and rights in land will be

held in trust by the state of Rhode Island and managed by the director for the purposes stated at

the time of original acquisition by the trust. Any trust assets or interests other than land or rights

in land accruing to the state under such circumstances will be held and managed as a separate

fund for the benefit of the designated trust lands;

     (30) Consistent with federal standards, issue and enforce such rules, regulations, and

orders as may be necessary to establish requirements for maintaining evidence of financial

responsibility for taking corrective action and compensating third parties for bodily injury and

property damage caused by sudden and non-sudden accidental releases arising from operating

underground storage tanks;

     (31) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the location, design, construction, and operation of all underground storage

facilities used for storing petroleum products or hazardous materials; any order or notice issued

by the director relating to the location, design construction, operation, or maintenance of an

underground storage facility used for storing petroleum products or hazardous materials shall be

eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice

to the city or town wherein the subject facility is located, and the order or notice shall be recorded

in the general index by the appropriate municipal officer in the land-evidence records in the city

or town wherein the subject facility is located. Any subsequent transferee of that facility shall be

responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same, which notice shall be eligible for recordation. The original, written notice shall be

forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory

completion shall be recorded in the general index by the appropriate municipal official in the

land-evidence records in the city or town wherein the subject facility is located. A copy of the

written notice shall be forwarded to the owner of the subject facility within five (5) days of a

request for it, and, in any event, shall be forwarded to the owner of the subject facility within

thirty (30) days after correction;

     (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in

accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage

Tank Financial Responsibility Act, as amended;

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     (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as