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     ARTICLE 9 AS AMENDED

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RELATING TO ECONOMIC DEVELOPMENT

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     SECTION 1. Sections 5-8-2, 5-8-10, 5-8-11, 5-8-12 and 5-8-15 of Chapter 5-8 of the

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General Laws entitled "Engineers" are hereby amended as follows:

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     5-8-2. Definitions.

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     As used or within the intent of this chapter:

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     (a) "Accredited program" means specific engineering curricula within established

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institutions of higher learning that have both met the criteria of, and have been designated by, the

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Engineering Accreditation Commission of the following commissions of the Accreditation Board

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for Engineering and Technology, Inc. (ABET EAC) ("ABET"): the Engineering Accreditation

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Commission ("ABET-EAC") and the Engineering Technology Accreditation Commission

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("ABET-ETAC").

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     (b) "Board" means the state board of registration for professional engineers subsequently

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provided by this chapter.

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     (c) "Department" means the department of business regulation.

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     (d) "Director" means the director of the department of business regulation or his or her

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designee.

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     (e) "Engineer" means a person who, by reason of his or her special knowledge and use of

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the mathematical, physical, and engineering sciences and the principles and methods of engineering

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analysis and design, acquired by engineering education and engineering experience, is qualified to

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practice engineering, as subsequently defined, and as attested by his or her registration as an

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engineer.

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     (f) "Engineer-in-training" means a person who complies with the requirements for

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education, experience, and character, and has passed an examination in the fundamental

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engineering subjects, as provided in §§ 5-8-11 and 5-8-13.

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     (g) "National Council of Examiners for Engineering and Surveying (NCEES)" is a

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nationally recognized organization that assists state boards and territorial boards to better discharge

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their duties and responsibilities in regulating the practice of engineering and land surveying.

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     (h)(1) "Practice of engineering" means any service or creative work, the adequate

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performance of which requires engineering education, training, and experience in the application

 

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of special knowledge of the mathematical, physical, and engineering sciences to services or creative

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work, such as consultation, investigation, evaluation surveys, planning and design of engineering

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systems, and the supervision of construction for the purpose of assuring compliance with

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specifications; and embracing those services or work in connection with any public or private

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utilities, structures, buildings, machines, equipment, processes, work, or projects in which the

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public welfare or the safeguarding of life, health, or property is concerned.

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     (2) Any person shall be construed to practice or offer to practice engineering, within the

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meaning and intent of this chapter, who:

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     (i) Practices any branch of the profession of engineering;

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     (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents

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himself or herself to be an engineer, or through the use of some other title implies that he or she is

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an engineer or that he or she is registered under this chapter; or

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     (iii) Holds himself or herself out as able to perform, or who does perform any engineering

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service or work or any other service designated by the practitioner or recognized as engineering.

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     (i) "Professional engineer" means a person who has been registered and licensed by the

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state board of registration for professional engineers.

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     (j) "Responsible charge" means direct control and personal supervision of engineering

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work.

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     (k) "Rules and regulations" means that document of the same title, as amended from time

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to time, subject to the director's approval, that has been adopted by the board and filed with the

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secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8.

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     5-8-10. Roster of registered engineers.

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     A complete roster showing the names and last known addresses of all registered engineers

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is available on the Department's website or through an Access to Public Records Request. will be

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published by the board once each year. Copies of this roster may be mailed to each person so

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registered, placed on file with the secretary of state, county, and city officials and may be distributed

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to the public

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     5-8-11. General requirements for registration or certification.

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     (a) Engineer or engineer-in-training. To be eligible for registration as a professional

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engineer or certification as an engineer-in-training, an applicant must be of good character and

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reputation and shall submit five (5) references with his or her application for registration, three (3)

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of which references shall be registered engineers having personal knowledge of his or her

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engineering experience, or in the case of an application for certification as an engineer-in- training,

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by three (3) character references.

 

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     (b)(a) Professional Engineer. The following shall be considered minimum evidence

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satisfactory to the board that the applicant is qualified for registration as a professional engineer or

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for certification as an engineer-in-training, respectively:

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     (1) Eligibility. To be eligible for registration as a professional engineer, an applicant shall

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meet the following requirements:

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     (i) Be of good character and reputation;

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     (ii) Submit five (5) references with his or her application for registration, three (3) of which

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references shall be from registered professional engineers having personal knowledge of the

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applicant's engineering experience;

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     (iii) Satisfy the education criteria set forth in this section;

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     (iv) Satisfy the experience criteria set forth in this section; and

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     (v) Pass the applicable examinations as required in this section.

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     (1) As a professional engineer: (i) (2) Registration by endorsement comity.

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     (A)(i) A person holding a current certificate of registration to engage in the practice of

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engineering, on the basis of comparable written NCEES examinations, issued to him or her by

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either a proper authority of a state, territory, or possession of the United States, the District of

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Columbia, or of any foreign country, and whose qualifications meets the requirements of this

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chapter, based on verified evidence may, upon application, be registered without further

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examination.

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     (B)(ii) A person holding a certificate of qualification issued by the National Council of

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Examiners for Engineering and Surveying NCEES Record, whose qualifications as evidenced by

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the NCEES Record meet the requirements of this chapter, may, upon application, be registered

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without further examination, provided he or she is qualified.

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     (ii)(3) Graduation from an accredited program, experience and examination.

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     (i) A graduate of or senior enrolled in an ABET-EAC accredited engineering curriculum

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of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted

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to an who has passed a NCEES examination in the fundamentals of engineering. Upon passing this

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examination and obtaining and obtained a specific record of a minimum of four (4) years of

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experience in engineering work of a grade and character which indicates to the board that the

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applicant may be competent to practice engineering, the applicant may be admitted, upon

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application, to an a NCEES examination in the principles and practice of engineering. The graduate

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having a specific record of twelve (12) years or more of experience in engineering work of a grade

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and character which indicates to the board that the applicant may be competent to practice

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engineering, shall be admitted to an examination in the principles and practice of engineering. Upon

 

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passing that examination, the applicant shall be granted a certificate of registration to practice

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engineering in this state, provided he or she is qualified.

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     (ii) A graduate of an ABET-ETAC accredited engineering technology curriculum of four

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(4) years or more approved by the board as being of satisfactory standing, who has passed a NCEES

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examination in the fundamentals of engineering and obtained a specific record of a minimum of

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eight (8) years of experience in engineering work of a grade and character which indicates to the

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board that the applicant may be competent to practice engineering, may be admitted, upon

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application, to a NCEES examination in the principles and practice of engineering.

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     (4) Waiver of Requirement for NCEES Examination in Fundamentals of Engineering.

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     (i) A graduate of an ABET-EAC accredited engineering curriculum having a specific

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record of twelve (12) years or more of experience in engineering work of a grade and character

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which indicates to the board that the applicant may be competent to practice engineering, shall be

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admitted to a NCEES examination in the principles and practice of engineering. Upon passing that

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examination, the applicant shall be granted a certificate of registration to practice engineering in

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this state, provided he or she is qualified.

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     (ii) A graduate of an engineering technology curriculum, whether accredited by ABET-

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ETAC or unaccredited, applying for initial or comity registration as a professional engineer in

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Rhode Island shall not be eligible for waiver of this requirement.

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     (iii) (5) Graduation from a non-accredited program, experience, and examination.

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     (i) A graduate of or senior enrolled in an engineering curriculum of four (4) years or more

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other than those approved by the board as being of satisfactory standing shall be admitted to an that

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is not accredited by ABET-EAC, who has passed a NCEES examination in the fundamentals of

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engineering. Upon passing this examination and obtaining and obtained a specific record of a

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minimum of four (4) six (6) years of experience in engineering work of a grade and character which

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indicates to the board that the applicant may be competent to practice engineering, the applicant

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may be admitted, upon application, to an a NCEES examination in the principles and practice of

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engineering. Upon passing these examinations, the applicant shall be granted a certificate of

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registration to practice engineering in this state, provided he or she is qualified.

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     (ii) A graduate of an engineering technology curriculum of four (4) years or more that is

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not accredited by ABET-ETAC is not eligible for registration as a professional engineer in this

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state unless they obtain an advanced engineering degree from an ABET-EAC accredited program.

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     (iv)(6) Teaching. Engineering teaching in a college or university offering an ABET- EAC

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accredited engineering curriculum of four (4) years or more may be considered as engineering

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experience.

 

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     (v)(7) Engineers previously registered. Each engineer holding a certificate of registration

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and each engineer-in-training under the laws of this state as previously in effect shall be deemed

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registered as an engineer or engineer-in- training as appropriate under this chapter in accordance

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with the laws in effect at the time of their initial registration.

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     (2)(b) As an engineer Engineer-in-training: the The following is shall be considered as

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minimum evidence satisfactory to the board that the applicant is qualified for certification as an

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engineer-in-training:

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     (1) Eligibility. To be eligible for registration as an engineer-in-training, an applicant shall

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meet the following requirements:

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     (i) Be of good character and reputation;

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     (ii) Submit three (3) character references, one (1) of which must be from a registered

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professional engineer;

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     (iii) Satisfy the education requirements set forth in this section; and

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     (iv) Satisfy the examination requirements set forth in this section.

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     (i)(2) Graduation and examination. A graduate of an ABET-EAC or an ABET-ETAC

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accredited engineering curriculum program of four (4) years or more who has passed the board's a

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NCEES examination in the fundamentals of engineering shall be certified or enrolled as an

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engineer-in-training, if he or she is qualified.

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     (ii)(3) Graduation from a non-accredited program and examination. A graduate of a non-

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accredited engineering curriculum of four (4) years or more who has passed the board's a NCEES

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examination in the fundamentals of engineering and has obtained two (2) years of engineering

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experience of a grade and character approved by the board shall be certified and enrolled as an

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engineer in training, if he or she is qualified. Graduates of a non-accredited engineering technology

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curriculum are not eligible for certification as an engineer in training.

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     (iii)(4) Duration of engineer in training certification. The certification or enrollment of an

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engineer in training shall be valid for a minimum period of twelve (12) years not expire and does

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not need to be renewed.

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     5-8-12. Form of application for registration or certification – Registration,

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certification, and enrollment fees.

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     (a) Application for registration as a professional engineer or land surveyor or certification

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as an engineer-in-training shall:

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     (1) Be on a form prescribed and furnished by the board;

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     (2) Establish compliance with the licensing requirements pursuant to § 5-8-11; and

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     (3) Contain references as prescribed in § 5-8-11, none of whom may be members of the

 

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board.

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     (b) The application and reexamination fees for professional engineers shall be set by the

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board in an amount to cover the charges and expenses of examination and scoring reviewing

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applications and shall accompany the application.

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     (c) The fee for engineer-in-training certification or enrollment shall be set by the board in

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an amount to cover the charges and expenses of examination and scoring reviewing applications

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and shall accompany the application.

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     (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall

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be retained as an application fee All application fees are non-refundable, even if an application is

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denied.

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     5-8-15. Expiration and renewal of certificates of registration Expiration and renewal

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of certificates of registration for professional engineers.

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     (a) Certificates of registration shall expire on the last day of the month of June following

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their issuance and become invalid after that date unless renewed. It is the duty of the board to notify

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every person registered under this chapter of the date of the expiration of his or her certificate and

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the amount of the fee required for its renewal. The notice shall be delivered, electronically or

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otherwise, to the registrant, at his or her last-known e-mail address, at least one month in advance

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of the date of the expiration of the certificate.

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     (b) Renewal may be effected at any time Certificates of registration must be renewed prior

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to, or during the month of, June by the payment of a fee set by the board in an amount not less than

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one hundred fifty dollars ($150), but not to exceed one hundred eighty dollars ($180). Renewal of

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an expired certificate may be effected Expired certificates may be renewed within a period of three

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(3) years, provided evidence is submitted to the board attesting to the continued competence and

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good character of the applicant. In the event renewal is not made before the end of the third year,

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the board may require any reexamination that it deems appropriate. The amount to be paid for that

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renewal is the annual fee set by the board in an amount not to exceed one hundred eighty dollars

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($180) times the number of years the applicant has been delinquent, plus a penalty of sixty dollars

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($60.00) per delinquent year.

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     SECTION 2. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department

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of Administration" is hereby amended to read as follows:

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     42-11-10. Statewide planning program.

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     (a) Findings. The general assembly finds that the people of this state have a fundamental

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interest in the orderly development of the state; the state has a positive interest and demonstrated

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need for establishment of a comprehensive, strategic state planning process and the preparation,

 

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maintenance, and implementation of plans for the physical, economic, and social development of

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the state; the continued growth and development of the state presents problems that cannot be met

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by the cities and towns individually and that require effective planning by the state; and state and

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local plans and programs must be properly coordinated with the planning requirements and

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programs of the federal government.

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     (b) Establishment of statewide planning program.

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     (1) A statewide planning program is hereby established to prepare, adopt, and amend

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strategic plans for the physical, economic, and social development of the state and to recommend

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these to the governor, the general assembly, and all others concerned.

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     (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

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departments and agencies of the executive branch unless specifically exempted, shall be conducted

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by or under the supervision of the statewide planning program. The statewide planning program

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shall consist of a state planning council, and the division of planning, which shall be a division

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within the department of administration.

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     (c) Strategic planning. Strategic planning includes the following activities:

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     (1) Establishing or identifying general goals.

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     (2) Refining or detailing these goals and identifying relationships between them.

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     (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives.

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     (4) Preparing long-range or system plans or comprehensive programs that carry out the

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policies and set time schedules, performance measures, and targets.

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     (5) Preparing functional, short-range plans or programs that are consistent with established

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or desired goals, objectives, and policies, and with long-range or system plans or comprehensive

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programs where applicable, and that establish measurable, intermediate steps toward their

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accomplishment of the goals, objectives, policies, and/or long-range system plans.

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     (6) Monitoring the planning of specific projects and designing of specific programs of short

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duration by the operating departments, other agencies of the executive branch, and political

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subdivisions of the state to ensure that these are consistent with, and carry out the intent of,

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applicable strategic plans.

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     (7) Reviewing the execution of strategic plans, and the results obtained, and making

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revisions necessary to achieve established goals.

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     (d) State guide plan. Components of strategic plans prepared and adopted in accordance

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with this section may be designated as elements of the state guide plan. The state guide plan shall

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be comprised of functional elements or plans dealing with land use; physical development and

 

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environmental concerns; economic development; housing production; energy supply, including the

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development of renewable energy resources in Rhode Island, and energy access, use, and

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conservation; human services; climate change and resiliency; and other factors necessary to

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accomplish the objective of this section. The state guide plan shall be a means for centralizing,

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integrating, and monitoring long-range goals, policies, plans, and implementation activities related

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thereto. State agencies concerned with specific subject areas, local governments, and the public

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shall participate in the state guide planning process, which shall be closely coordinated with the

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budgeting process.

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     (e) Membership of state planning council. The state planning council shall consist of the

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following members:

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     (1) The director of the department of administration as chairperson;

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     (2) The director, policy office, in the office of the governor, as vice-chairperson;

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     (3) The governor, or his or her designee;

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     (4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13];

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     (5) The chairperson of the housing resources commission;

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     (6) The highest-ranking administrative officer of the division of planning, as secretary;

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     (7) The president of the Rhode Island League of Cities and Towns or his or her designee;

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     (8) The executive director of the Rhode Island League of Cities and Towns;

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     (9) Three (3) chief elected officials of cities and towns appointed by the governor after

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consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a

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community with a population greater than 40,000 persons; one of whom shall be from a community

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with a population of between 20,000 and 40,000 persons; and one of whom shall be from a

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community with a population less than 20,000 persons;

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     (10) One representative of a nonprofit community development or housing organization

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appointed by the governor;

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     (11) Four (4) public members, appointed by the governor, one of whom shall be an

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employer with fewer than fifty (50) employees; one of whom shall be an employer with greater

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than fifty (50) employees; one of whom shall represent a professional planning or engineering

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organization in Rhode Island; and one of whom shall represent a chamber of commerce or

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economic development organization;

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     (12) Two (2) representatives of private, nonprofit, environmental or environmental justice

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advocacy organizations, both to be appointed by the governor;

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     (13) The director of planning and development for the city of Providence;

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     (14) The director of the department of transportation;

 

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     (15) The director of the department of environmental management;

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     (16) The director of the department of health;

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     (17) The chief executive officer of the commerce corporation;

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     (18) The commissioner of the Rhode Island office of energy resources;

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     (19) The chief executive officer of the Rhode Island public transit authority;

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     (20) The executive director of Rhode Island housing;

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     (21) The executive director of the coastal resources management council; and

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     (22) The director of the Rhode Island emergency management agency.

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     (f) Powers and duties of state planning council. The state planning council shall have the

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following powers and duties:

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     (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

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and to modify and amend any of these, following the procedures for notification and public hearing

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set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the

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general assembly, state and federal agencies, and other public and private bodies; approval of

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strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

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plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island

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comprehensive planning and land use regulation act";

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     (2) To coordinate the planning and development activities of all state agencies, in

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accordance with strategic plans prepared and adopted as provided for by this section;

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     (3) To review and comment on the proposed annual work program of the statewide

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planning program;

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     (4) To adopt rules and standards and issue orders concerning any matters within its

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jurisdiction as established by this section and amendments to it;

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     (5) To establish advisory committees and appoint members thereto representing diverse

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interests and viewpoints as required in the state planning process and in the preparation or

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implementation of strategic plans. At minimum, the state planning council shall appoint permanent

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committees:

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     (i) A technical committee, comprised of public members from different geographic areas

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of the state representing diverse interests along with officials of state, local, and federal

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government, who shall review all proposed elements of the state guide plan, or amendment or repeal

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of any element of the plan, and shall advise the state planning council thereon before the council

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acts on any such proposal. This committee shall also advise the state planning council on any other

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matter referred to it by the council; and

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     (ii) An executive committee consisting of major participants of a Rhode Island geographic

 

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information system with oversight responsibility for its activities; and

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     (iii) A transportation advisory committee, made up of diverse representation, including,

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but not limited to, municipal elected and appointed officials; representatives of various

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transportation sectors, departments, and agencies; and other groups and agencies with an interest

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in transportation operations, maintenance, construction, and policy, who shall review

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transportation-related plans and amendments and recommend action to the state planning council.

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     (6) To adopt, amend, and maintain, as an element of the state guide plan or as an

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amendment to an existing element of the state guide plan, standards and guidelines for the location

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of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due

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consideration for the location of such resources and facilities in commercial and industrial areas,

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agricultural areas, areas occupied by public and private institutions, and property of the state and

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its agencies and corporations, provided these areas are of sufficient size, and in other areas of the

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state as appropriate.

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     (7) To act as the single, statewide metropolitan planning organization for transportation

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planning, and to promulgate all rules and regulations that are necessary thereto.

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     (8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating

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applications, approving and issuing grants, and assist municipalities pursuant to the provisions of

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chapter 11.4 of title 42, and any rules or regulations promulgated thereunder.

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     (g) Division of statewide planning.

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     (1) The division of statewide planning shall be the principal staff agency of the state

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planning council for preparing and/or coordinating strategic plans for the comprehensive

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management of the state's human, economic, and physical resources. The division of statewide

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planning shall recommend to the state planning council specific guidelines, standards, and

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programs to be adopted to implement strategic planning and the state guide plan and shall undertake

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any other duties established by this section and amendments thereto.

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     (2) The division of statewide planning shall maintain records (which shall consist of files

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of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

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adopted or issued by the state planning council under this section. The records shall be open to the

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public.

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     (3) The division of statewide planning shall manage and administer the Rhode Island

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geographic information system of land-related resources, and shall coordinate these efforts with

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other state departments and agencies, including the university of Rhode Island, which shall provide

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technical support and assistance in the development and maintenance of the system and its

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associated data base.

 

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     (4) The division of statewide planning shall coordinate and oversee the provision of

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technical assistance to political subdivisions of the state in preparing and implementing plans to

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accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the

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state guide plan and shall make available to cities and towns data and guidelines that may be used

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in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

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elements thereby.

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     (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4].

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     (i) The division of planning shall be the principal staff agency of the water resources board

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established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water resources

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board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply Facilities").

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     SECTION 3. Sections 42-11.4-1, 42-11.4-3, 42-11.4-4 and 42-11.4-5 of the General Laws

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in Chapter 42-11.4 entitled "The Rhode Island Municipal Infrastructure Grant Program" are hereby

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amended to read as follows:

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     42-11.4-1. Establishment.

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     The Rhode Island municipal infrastructure grant program is hereby created within the

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Rhode Island infrastructure bank. department of administration and is subject to grant funding.

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State funds or appropriations shall not be utilized in connection with the implementation of this

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section. The Rhode Island infrastructure bank shall have all the powers necessary and convenient

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to carry out and effectuate the purposes and provisions of this chapter, including, without limiting

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the generality of the preceding statement, the authority to: The department of administration is

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authorized to:

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     (1) Issue public infrastructure grants to municipalities and other public instrumentalities

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for design, construction, building, land acquisition, rehabilitation, repair, and other improvements

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to publicly owned infrastructure including, but not limited to, sewers, utility extensions, streets,

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roads, curb-cuts, parking, water-treatment systems, telecommunications systems, transit

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improvements, and pedestrian ways; and

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     (2) Assist municipalities to advance projects that support job creation and expansion,

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housing development and rehabilitation, community development projects in areas or districts that

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communities have determined are best suited to efficiently accommodate future growth and

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redevelopment, largely in previously developed areas with some level of existing or planned

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infrastructure. ;

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     (3) Establish a fund within the Rhode Island infrastructure bank to receive and disburse

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such funds as may be available for the purpose of the program, subject to the provisions of this

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section;

 

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     (4) Make and enter into binding commitments to provide grants to municipalities and other

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pubic instrumentalities from amounts on deposit in the program fund;

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     (5) Engage the services of third-party vendors to provide professional services;

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     (6) Establish one or more accounts within the fund; and

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     (7) Such other authority as granted to the Rhode Island infrastructure bank under this

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chapter and chapter 12.2 of title 46.

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     42-11.4-3. Solicitations.

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     (a) There shall be at least one open solicitation period each year to accept and consider new

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applications. Not The Rhode Island infrastructure bank shall provide not less than twelve (12) eight

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(8) weeks notice before the annual an open solicitation period. , the department of administration

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shall release the criteria upon which the applications shall be judged including, but not limited to,

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a minimum project readiness standard, overall spending targets by project type, preferences for

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projects that align with the state's prevailing economic development plan, and other preferences

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applying to that funding round. Grants may be made outside of the open solicitation period at the

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discretion of the director of administration subject to the provisions of this section. The Rhode

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Island infrastructure bank shall review and approve all applications for projects to be financed

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through the Rhode Island municipal infrastructure grant program. All grant awards shall be made

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after consultation with the Rhode Island division of statewide planning program and the Rhode

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Island infrastructure bank.

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     (b) An eligible city or town, acting by and through its municipal officers or by and through

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any agency designated by the municipal officers to act on their behalf, may apply to the program

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for a grant in a specific amount to fund a specified project. Two (2) or more municipalities may

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apply jointly, with one municipality acting as fiscal agent. The grants may be made in addition to

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other forms of local, state, and federal assistance. Receipt of a grant that is part of a joint application

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shall not preclude a municipality from receiving additional funds under a separate application.

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     42-11.4-4. Rules and regulations.

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     The director of administration Rhode Island infrastructure bank may shall establish

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reasonable rules and regulations to govern the application and distribution of grants under the

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program, to include, but not be limited to, provisions for joint applications by two (2) or more

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eligible municipalities for a single project serving those municipalities. The rules and regulations

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shall include the criteria upon which the applications shall be judged including, but not limited to,

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a minimum project readiness standard, overall spending targets by project type, preferences for

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projects that align with the state's prevailing economic development plan, and other preferences

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applying to that funding round.

 

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     42-11.4-5. Reports.

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     The director of administration Rhode Island infrastructure bank shall report annually to the

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governor, speaker of the house, president of the senate, and the chairs of the house committee on

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finance, senate committee on finance, house committee on oversight, senate committee on

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government oversight, house committee on municipal government, senate committee on housing

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and municipal government, and the permanent joint committee on economic development. The

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report shall include a list and description of all projects that received grant funds under the program;

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the amount of the grant awarded to the project; other sources of public funds that supported the

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project; and a detailed analysis of the economic impact of each project including, where applicable,

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the number of construction and full-time equivalent jobs to be created, number of housing units to

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be created, the private investment in the project, and the expected tax revenue generated from the

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project.

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     SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled

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"Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:

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     42-64.20-10. Sunset.

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     No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021

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December 31, 2022.

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     SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode

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Island Tax Increment Financing" is hereby amended to read as follows:

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     42-64.21-9. Sunset.

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     The commerce corporation shall enter into no agreement under this chapter after June 30,

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2021 December 31, 2022.

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     SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax

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Stabilization Incentive" is hereby amended to read as follows:

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     42-64.22-15. Sunset.

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     The commerce corporation shall enter into no agreement under this chapter after June 30,

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2021 December 31, 2022.

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     SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First

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Wave Closing Fund Act" is hereby amended to read as follows:

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     42-64.23-8. Sunset.

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     No financing shall be authorized to be reserved pursuant to this chapter after June 30, 2021

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December 31, 2022.

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     SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195

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Redevelopment Project Fund Act" is hereby amended as follows:

 

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     42-64.24-8. Sunset.

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     No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant

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to this chapter after June 30, 2021 December 31, 2022.

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     SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled

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"Rhode Island Small Business Assistance Program" is amended to read as follows:

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     42-64.25-14. Sunset. 

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     No grants, funding, or incentives shall be authorized pursuant to this chapter after June 30,

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2021 December 31, 2022.

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     SECTION 10. Sections 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the General Laws in

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Chapter 42-64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby amended to

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read as follows:

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     42-64.26-5. Administration.

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     (a) Application. An eligible graduate claiming an award under this chapter shall submit to

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the commerce corporation an application in the manner that the commerce corporation shall

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prescribe.

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     (b) Upon receipt of a proper application from an applicant who meets all of the eligibility

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requirements, the commerce corporation shall select applicants on a competitive basis to receive

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credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for

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an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree holder, and six

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thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the

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education loan repayment expenses incurred by such taxpayer during each service period

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completed, for up to four (4) consecutive service periods provided that the taxpayer continues to

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meet the eligibility requirements throughout the eligibility period. The commerce corporation shall

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delegate the selection of the applicants that are to receive awards to a fellowship committee to be

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convened by the commerce corporation and promulgate the selection procedures the fellowship

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committee will use, which procedures shall require that the committee's consideration of

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applications be conducted on a name-blind and employer-blind basis and that the applications and

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other supporting documents received or reviewed by the fellowship committee shall be redacted of

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the applicant's name, street address, and other personally-identifying information as well as the

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applicant's employer's name, street address, and other employer-identifying information. The

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commerce corporation shall determine the composition of the fellowship committee and the

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selection procedures it will use in consultation with the state's chambers of commerce.

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     (c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of

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the education loan repayment expenses incurred paid by such taxpayer during each service period

 

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completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the

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taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan

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repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the

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service period; (iii) The award shall not exceed the original loan amount plus any capitalized

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interest less award previously claimed under this section; and (iv) that the taxpayer claiming an

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award is current on his or her student loan repayment obligations.

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     (d) The commerce corporation shall not commit to overall awards in excess of the amount

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contained in the fund.

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     (e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in

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a calendar year to applicants who are permanent residents of the state of Rhode Island or who

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attended an institution of higher education located in Rhode Island when they incurred the

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education loan expenses to be repaid.

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     (f) In administering award, the commerce corporation shall:

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     (1) Require suitable proof that an applicant meets the eligibility requirements for award

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under this chapter;

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     (2) Determine the contents of applications and other materials to be submitted in support

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of an application for award under this chapter; and

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     (3) Collect reports and other information during the eligibility period for each award to

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verify that a taxpayer continues to meet the eligibility requirements for an award.

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     42-64.26-8. Carry forward and redemption of tax credits.

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     (a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer's total

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tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the

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taxpayer's tax liability may be carried forward and applied against the taxes imposed for the

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succeeding four (4) years, or until the full credit is used, whichever occurs first.

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     (b) The tax credit allowed under this chapter may be used as a credit against personal

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income taxes imposed under chapter 30 of title 44.

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     (c) The division of taxation shall at the request of a taxpayer redeem such credits in whole

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or in part for one hundred percent (100%) of the value of the tax credit.

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     (d) Any amounts paid to a taxpayer for the redemption of tax credits allowed award issued

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pursuant to this chapter after January 1, 2021 pursuant to this section shall be exempt from taxation

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under title 44 of the General Laws.

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     42-64.26-12. Sunset.

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     No incentives or credits shall be authorized pursuant to this chapter after June 30, 2021

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December 31, 2022.

 

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     SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main

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Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows:

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     42-64.27-6. Sunset.

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     No incentives shall be authorized pursuant to this chapter after June 30, 2021 December

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31, 2022.

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     SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled

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"Innovation Initiative" is hereby amended as follows:

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     42-64.28-10. Sunset.

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     No vouchers, grants, or incentives shall be authorized pursuant to this chapter after June

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30, 2021 December 31, 2022.

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     SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High

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School, College, and Employer Partnerships" is hereby amended as follows:

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     42-64.31-4. Sunset.

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     No grants shall be authorized pursuant to this chapter after June 30, 2021 December 31,

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2022.

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     SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air

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Service Development Fund" is hereby amended as follows:

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     42-64.32-6. Sunset.

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     No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant

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to this chapter after June 30, 2021 December 31, 2022.

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     SECTION 15. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion

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Picture Production Tax Credits" is hereby amended to read as follows:

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     44-31.2-5. Motion picture production company tax credit.

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     (a) A motion picture production company shall be allowed a credit to be computed as

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provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The

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amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred

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directly attributable to activity within the state, provided:

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     (1) That the primary locations are within the state of Rhode Island and the total production

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budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or

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     (2) The motion picture production incurs and pays a minimum of ten million dollars

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($10,000,000) in state-certified production costs within a twelve-month (12) period.

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     The credit shall be earned in the taxable year in which production in Rhode Island is

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completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c).

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     (b) For the purposes of this section: "total production budget" means and includes the

 

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motion picture production company's pre-production, production, and post-production costs

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incurred for the production activities of the motion picture production company in Rhode Island in

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connection with the production of a state-certified production. The budget shall not include costs

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associated with the promotion or marketing of the film, video, or television product.

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     (c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million

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dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit

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is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to

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rules promulgated by the tax administrator, the administrator may issue a waiver of the seven

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million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the

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remaining funds available pursuant to section (e) of this section.

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     (d) Credits allowed to a motion picture production company, which is a subchapter S

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corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be

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passed through respectively to persons designated as partners, members, or owners on a pro rata

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basis or pursuant to an executed agreement among such persons designated as subchapter S

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corporation shareholders, partners, or members documenting an alternate distribution method

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without regard to their sharing of other tax or economic attributes of such entity.

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     (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

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year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter

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and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After

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December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for

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any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater

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production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available

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to motion picture productions and musical and theatrical productions. No specific amount shall be

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set aside for either type of production.

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     (f) Exclusively for tax year 2022, the total amount of motion picture tax credits issued

26

pursuant to § 44-31.2-5 and/or musical and theatrical production tax credits pursuant to chapter

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31.3 of this title shall not exceed thirty million dollars ($30,000,000)

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     SECTION 16. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled

29

"Historic Preservation Tax Credits 2013" is hereby amended to read as follows:

30

     44-33.6-11. Sunset.

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     No credits shall be authorized to be reserved pursuant to this chapter on or after June 30,

32

2021 2022, or upon the exhaustion of the maximum aggregate credits, whichever comes first.

33

     SECTION 17. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode

34

Island Qualified Jobs Incentive Act of 2015" is hereby amended as follows:

 

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RELATING TO ECONOMIC DEVELOPMENT
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     44-48.3-14. Sunset.

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     No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021

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December 31, 2022.

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     SECTION 18. This article shall take effect upon passage.

 

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RELATING TO ECONOMIC DEVELOPMENT
(Page 18 of 18)