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art.009/4/009/3/009/2/009/1 | ||
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1 | ARTICLE 9 AS AMENDED | |
2 | RELATING TO ECONOMIC DEVELOPMENT | |
3 | 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 | |
4 | General Laws entitled "Engineers" are hereby amended as follows: | |
5 | 5-8-2. Definitions. | |
6 | As used or within the intent of this chapter: | |
7 | (a) "Accredited program" means specific engineering curricula within established | |
8 | institutions of higher learning that have both met the criteria of, and have been designated by, the | |
9 | Engineering Accreditation Commission of the following commissions of the Accreditation Board | |
10 | for Engineering and Technology, Inc. (ABET EAC) ("ABET"): the Engineering Accreditation | |
11 | Commission ("ABET-EAC") and the Engineering Technology Accreditation Commission | |
12 | ("ABET-ETAC"). | |
13 | (b) "Board" means the state board of registration for professional engineers subsequently | |
14 | provided by this chapter. | |
15 | (c) "Department" means the department of business regulation. | |
16 | (d) "Director" means the director of the department of business regulation or his or her | |
17 | designee. | |
18 | (e) "Engineer" means a person who, by reason of his or her special knowledge and use of | |
19 | the mathematical, physical, and engineering sciences and the principles and methods of engineering | |
20 | analysis and design, acquired by engineering education and engineering experience, is qualified to | |
21 | practice engineering, as subsequently defined, and as attested by his or her registration as an | |
22 | engineer. | |
23 | (f) "Engineer-in-training" means a person who complies with the requirements for | |
24 | education, experience, and character, and has passed an examination in the fundamental | |
25 | engineering subjects, as provided in §§ 5-8-11 and 5-8-13. | |
26 | (g) "National Council of Examiners for Engineering and Surveying (NCEES)" is a | |
27 | nationally recognized organization that assists state boards and territorial boards to better discharge | |
28 | their duties and responsibilities in regulating the practice of engineering and land surveying. | |
29 | (h)(1) "Practice of engineering" means any service or creative work, the adequate | |
30 | performance of which requires engineering education, training, and experience in the application | |
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1 | of special knowledge of the mathematical, physical, and engineering sciences to services or creative | |
2 | work, such as consultation, investigation, evaluation surveys, planning and design of engineering | |
3 | systems, and the supervision of construction for the purpose of assuring compliance with | |
4 | specifications; and embracing those services or work in connection with any public or private | |
5 | utilities, structures, buildings, machines, equipment, processes, work, or projects in which the | |
6 | public welfare or the safeguarding of life, health, or property is concerned. | |
7 | (2) Any person shall be construed to practice or offer to practice engineering, within the | |
8 | meaning and intent of this chapter, who: | |
9 | (i) Practices any branch of the profession of engineering; | |
10 | (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents | |
11 | himself or herself to be an engineer, or through the use of some other title implies that he or she is | |
12 | an engineer or that he or she is registered under this chapter; or | |
13 | (iii) Holds himself or herself out as able to perform, or who does perform any engineering | |
14 | service or work or any other service designated by the practitioner or recognized as engineering. | |
15 | (i) "Professional engineer" means a person who has been registered and licensed by the | |
16 | state board of registration for professional engineers. | |
17 | (j) "Responsible charge" means direct control and personal supervision of engineering | |
18 | work. | |
19 | (k) "Rules and regulations" means that document of the same title, as amended from time | |
20 | to time, subject to the director's approval, that has been adopted by the board and filed with the | |
21 | secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8. | |
22 | 5-8-10. Roster of registered engineers. | |
23 | A complete roster showing the names and last known addresses of all registered engineers | |
24 | is available on the Department's website or through an Access to Public Records Request. will be | |
25 | published by the board once each year. Copies of this roster may be mailed to each person so | |
26 | registered, placed on file with the secretary of state, county, and city officials and may be distributed | |
27 | to the public | |
28 | 5-8-11. General requirements for registration or certification. | |
29 | (a) Engineer or engineer-in-training. To be eligible for registration as a professional | |
30 | engineer or certification as an engineer-in-training, an applicant must be of good character and | |
31 | reputation and shall submit five (5) references with his or her application for registration, three (3) | |
32 | of which references shall be registered engineers having personal knowledge of his or her | |
33 | engineering experience, or in the case of an application for certification as an engineer-in- training, | |
34 | by three (3) character references. | |
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1 | (b)(a) Professional Engineer. The following shall be considered minimum evidence | |
2 | satisfactory to the board that the applicant is qualified for registration as a professional engineer or | |
3 | for certification as an engineer-in-training, respectively: | |
4 | (1) Eligibility. To be eligible for registration as a professional engineer, an applicant shall | |
5 | meet the following requirements: | |
6 | (i) Be of good character and reputation; | |
7 | (ii) Submit five (5) references with his or her application for registration, three (3) of which | |
8 | references shall be from registered professional engineers having personal knowledge of the | |
9 | applicant's engineering experience; | |
10 | (iii) Satisfy the education criteria set forth in this section; | |
11 | (iv) Satisfy the experience criteria set forth in this section; and | |
12 | (v) Pass the applicable examinations as required in this section. | |
13 | (1) As a professional engineer: (i) (2) Registration by endorsement comity. | |
14 | (A)(i) A person holding a current certificate of registration to engage in the practice of | |
15 | engineering, on the basis of comparable written NCEES examinations, issued to him or her by | |
16 | either a proper authority of a state, territory, or possession of the United States, the District of | |
17 | Columbia, or of any foreign country, and whose qualifications meets the requirements of this | |
18 | chapter, based on verified evidence may, upon application, be registered without further | |
19 | examination. | |
20 | (B)(ii) A person holding a certificate of qualification issued by the National Council of | |
21 | Examiners for Engineering and Surveying NCEES Record, whose qualifications as evidenced by | |
22 | the NCEES Record meet the requirements of this chapter, may, upon application, be registered | |
23 | without further examination, provided he or she is qualified. | |
24 | (ii)(3) Graduation from an accredited program, experience and examination. | |
25 | (i) A graduate of or senior enrolled in an ABET-EAC accredited engineering curriculum | |
26 | of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted | |
27 | to an who has passed a NCEES examination in the fundamentals of engineering. Upon passing this | |
28 | examination and obtaining and obtained a specific record of a minimum of four (4) years of | |
29 | experience in engineering work of a grade and character which indicates to the board that the | |
30 | applicant may be competent to practice engineering, the applicant may be admitted, upon | |
31 | application, to an a NCEES examination in the principles and practice of engineering. The graduate | |
32 | having a specific record of twelve (12) years or more of experience in engineering work of a grade | |
33 | and character which indicates to the board that the applicant may be competent to practice | |
34 | engineering, shall be admitted to an examination in the principles and practice of engineering. Upon | |
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1 | passing that examination, the applicant shall be granted a certificate of registration to practice | |
2 | engineering in this state, provided he or she is qualified. | |
3 | (ii) A graduate of an ABET-ETAC accredited engineering technology curriculum of four | |
4 | (4) years or more approved by the board as being of satisfactory standing, who has passed a NCEES | |
5 | examination in the fundamentals of engineering and obtained a specific record of a minimum of | |
6 | eight (8) years of experience in engineering work of a grade and character which indicates to the | |
7 | board that the applicant may be competent to practice engineering, may be admitted, upon | |
8 | application, to a NCEES examination in the principles and practice of engineering. | |
9 | (4) Waiver of Requirement for NCEES Examination in Fundamentals of Engineering. | |
10 | (i) A graduate of an ABET-EAC accredited engineering curriculum having a specific | |
11 | record of twelve (12) years or more of experience in engineering work of a grade and character | |
12 | which indicates to the board that the applicant may be competent to practice engineering, shall be | |
13 | admitted to a NCEES examination in the principles and practice of engineering. Upon passing that | |
14 | examination, the applicant shall be granted a certificate of registration to practice engineering in | |
15 | this state, provided he or she is qualified. | |
16 | (ii) A graduate of an engineering technology curriculum, whether accredited by ABET- | |
17 | ETAC or unaccredited, applying for initial or comity registration as a professional engineer in | |
18 | Rhode Island shall not be eligible for waiver of this requirement. | |
19 | (iii) (5) Graduation from a non-accredited program, experience, and examination. | |
20 | (i) A graduate of or senior enrolled in an engineering curriculum of four (4) years or more | |
21 | other than those approved by the board as being of satisfactory standing shall be admitted to an that | |
22 | is not accredited by ABET-EAC, who has passed a NCEES examination in the fundamentals of | |
23 | engineering. Upon passing this examination and obtaining and obtained a specific record of a | |
24 | minimum of four (4) six (6) years of experience in engineering work of a grade and character which | |
25 | indicates to the board that the applicant may be competent to practice engineering, the applicant | |
26 | may be admitted, upon application, to an a NCEES examination in the principles and practice of | |
27 | engineering. Upon passing these examinations, the applicant shall be granted a certificate of | |
28 | registration to practice engineering in this state, provided he or she is qualified. | |
29 | (ii) A graduate of an engineering technology curriculum of four (4) years or more that is | |
30 | not accredited by ABET-ETAC is not eligible for registration as a professional engineer in this | |
31 | state unless they obtain an advanced engineering degree from an ABET-EAC accredited program. | |
32 | (iv)(6) Teaching. Engineering teaching in a college or university offering an ABET- EAC | |
33 | accredited engineering curriculum of four (4) years or more may be considered as engineering | |
34 | experience. | |
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1 | (v)(7) Engineers previously registered. Each engineer holding a certificate of registration | |
2 | and each engineer-in-training under the laws of this state as previously in effect shall be deemed | |
3 | registered as an engineer or engineer-in- training as appropriate under this chapter in accordance | |
4 | with the laws in effect at the time of their initial registration. | |
5 | (2)(b) As an engineer Engineer-in-training: the The following is shall be considered as | |
6 | minimum evidence satisfactory to the board that the applicant is qualified for certification as an | |
7 | engineer-in-training: | |
8 | (1) Eligibility. To be eligible for registration as an engineer-in-training, an applicant shall | |
9 | meet the following requirements: | |
10 | (i) Be of good character and reputation; | |
11 | (ii) Submit three (3) character references, one (1) of which must be from a registered | |
12 | professional engineer; | |
13 | (iii) Satisfy the education requirements set forth in this section; and | |
14 | (iv) Satisfy the examination requirements set forth in this section. | |
15 | (i)(2) Graduation and examination. A graduate of an ABET-EAC or an ABET-ETAC | |
16 | accredited engineering curriculum program of four (4) years or more who has passed the board's a | |
17 | NCEES examination in the fundamentals of engineering shall be certified or enrolled as an | |
18 | engineer-in-training, if he or she is qualified. | |
19 | (ii)(3) Graduation from a non-accredited program and examination. A graduate of a non- | |
20 | accredited engineering curriculum of four (4) years or more who has passed the board's a NCEES | |
21 | examination in the fundamentals of engineering and has obtained two (2) years of engineering | |
22 | experience of a grade and character approved by the board shall be certified and enrolled as an | |
23 | engineer in training, if he or she is qualified. Graduates of a non-accredited engineering technology | |
24 | curriculum are not eligible for certification as an engineer in training. | |
25 | (iii)(4) Duration of engineer in training certification. The certification or enrollment of an | |
26 | engineer in training shall be valid for a minimum period of twelve (12) years not expire and does | |
27 | not need to be renewed. | |
28 | 5-8-12. Form of application for registration or certification – Registration, | |
29 | certification, and enrollment fees. | |
30 | (a) Application for registration as a professional engineer or land surveyor or certification | |
31 | as an engineer-in-training shall: | |
32 | (1) Be on a form prescribed and furnished by the board; | |
33 | (2) Establish compliance with the licensing requirements pursuant to § 5-8-11; and | |
34 | (3) Contain references as prescribed in § 5-8-11, none of whom may be members of the | |
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1 | board. | |
2 | (b) The application and reexamination fees for professional engineers shall be set by the | |
3 | board in an amount to cover the charges and expenses of examination and scoring reviewing | |
4 | applications and shall accompany the application. | |
5 | (c) The fee for engineer-in-training certification or enrollment shall be set by the board in | |
6 | an amount to cover the charges and expenses of examination and scoring reviewing applications | |
7 | and shall accompany the application. | |
8 | (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall | |
9 | be retained as an application fee All application fees are non-refundable, even if an application is | |
10 | denied. | |
11 | 5-8-15. Expiration and renewal of certificates of registration Expiration and renewal | |
12 | of certificates of registration for professional engineers. | |
13 | (a) Certificates of registration shall expire on the last day of the month of June following | |
14 | their issuance and become invalid after that date unless renewed. It is the duty of the board to notify | |
15 | every person registered under this chapter of the date of the expiration of his or her certificate and | |
16 | the amount of the fee required for its renewal. The notice shall be delivered, electronically or | |
17 | otherwise, to the registrant, at his or her last-known e-mail address, at least one month in advance | |
18 | of the date of the expiration of the certificate. | |
19 | (b) Renewal may be effected at any time Certificates of registration must be renewed prior | |
20 | to, or during the month of, June by the payment of a fee set by the board in an amount not less than | |
21 | one hundred fifty dollars ($150), but not to exceed one hundred eighty dollars ($180). Renewal of | |
22 | an expired certificate may be effected Expired certificates may be renewed within a period of three | |
23 | (3) years, provided evidence is submitted to the board attesting to the continued competence and | |
24 | good character of the applicant. In the event renewal is not made before the end of the third year, | |
25 | the board may require any reexamination that it deems appropriate. The amount to be paid for that | |
26 | renewal is the annual fee set by the board in an amount not to exceed one hundred eighty dollars | |
27 | ($180) times the number of years the applicant has been delinquent, plus a penalty of sixty dollars | |
28 | ($60.00) per delinquent year. | |
29 | SECTION 2. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department | |
30 | of Administration" is hereby amended to read as follows: | |
31 | 42-11-10. Statewide planning program. | |
32 | (a) Findings. The general assembly finds that the people of this state have a fundamental | |
33 | interest in the orderly development of the state; the state has a positive interest and demonstrated | |
34 | need for establishment of a comprehensive, strategic state planning process and the preparation, | |
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1 | maintenance, and implementation of plans for the physical, economic, and social development of | |
2 | the state; the continued growth and development of the state presents problems that cannot be met | |
3 | by the cities and towns individually and that require effective planning by the state; and state and | |
4 | local plans and programs must be properly coordinated with the planning requirements and | |
5 | programs of the federal government. | |
6 | (b) Establishment of statewide planning program. | |
7 | (1) A statewide planning program is hereby established to prepare, adopt, and amend | |
8 | strategic plans for the physical, economic, and social development of the state and to recommend | |
9 | these to the governor, the general assembly, and all others concerned. | |
10 | (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all | |
11 | departments and agencies of the executive branch unless specifically exempted, shall be conducted | |
12 | by or under the supervision of the statewide planning program. The statewide planning program | |
13 | shall consist of a state planning council, and the division of planning, which shall be a division | |
14 | within the department of administration. | |
15 | (c) Strategic planning. Strategic planning includes the following activities: | |
16 | (1) Establishing or identifying general goals. | |
17 | (2) Refining or detailing these goals and identifying relationships between them. | |
18 | (3) Formulating, testing, and selecting policies and standards that will achieve desired | |
19 | objectives. | |
20 | (4) Preparing long-range or system plans or comprehensive programs that carry out the | |
21 | policies and set time schedules, performance measures, and targets. | |
22 | (5) Preparing functional, short-range plans or programs that are consistent with established | |
23 | or desired goals, objectives, and policies, and with long-range or system plans or comprehensive | |
24 | programs where applicable, and that establish measurable, intermediate steps toward their | |
25 | accomplishment of the goals, objectives, policies, and/or long-range system plans. | |
26 | (6) Monitoring the planning of specific projects and designing of specific programs of short | |
27 | duration by the operating departments, other agencies of the executive branch, and political | |
28 | subdivisions of the state to ensure that these are consistent with, and carry out the intent of, | |
29 | applicable strategic plans. | |
30 | (7) Reviewing the execution of strategic plans, and the results obtained, and making | |
31 | revisions necessary to achieve established goals. | |
32 | (d) State guide plan. Components of strategic plans prepared and adopted in accordance | |
33 | with this section may be designated as elements of the state guide plan. The state guide plan shall | |
34 | be comprised of functional elements or plans dealing with land use; physical development and | |
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1 | environmental concerns; economic development; housing production; energy supply, including the | |
2 | development of renewable energy resources in Rhode Island, and energy access, use, and | |
3 | conservation; human services; climate change and resiliency; and other factors necessary to | |
4 | accomplish the objective of this section. The state guide plan shall be a means for centralizing, | |
5 | integrating, and monitoring long-range goals, policies, plans, and implementation activities related | |
6 | thereto. State agencies concerned with specific subject areas, local governments, and the public | |
7 | shall participate in the state guide planning process, which shall be closely coordinated with the | |
8 | budgeting process. | |
9 | (e) Membership of state planning council. The state planning council shall consist of the | |
10 | following members: | |
11 | (1) The director of the department of administration as chairperson; | |
12 | (2) The director, policy office, in the office of the governor, as vice-chairperson; | |
13 | (3) The governor, or his or her designee; | |
14 | (4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13]; | |
15 | (5) The chairperson of the housing resources commission; | |
16 | (6) The highest-ranking administrative officer of the division of planning, as secretary; | |
17 | (7) The president of the Rhode Island League of Cities and Towns or his or her designee; | |
18 | (8) The executive director of the Rhode Island League of Cities and Towns; | |
19 | (9) Three (3) chief elected officials of cities and towns appointed by the governor after | |
20 | consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a | |
21 | community with a population greater than 40,000 persons; one of whom shall be from a community | |
22 | with a population of between 20,000 and 40,000 persons; and one of whom shall be from a | |
23 | community with a population less than 20,000 persons; | |
24 | (10) One representative of a nonprofit community development or housing organization | |
25 | appointed by the governor; | |
26 | (11) Four (4) public members, appointed by the governor, one of whom shall be an | |
27 | employer with fewer than fifty (50) employees; one of whom shall be an employer with greater | |
28 | than fifty (50) employees; one of whom shall represent a professional planning or engineering | |
29 | organization in Rhode Island; and one of whom shall represent a chamber of commerce or | |
30 | economic development organization; | |
31 | (12) Two (2) representatives of private, nonprofit, environmental or environmental justice | |
32 | advocacy organizations, both to be appointed by the governor; | |
33 | (13) The director of planning and development for the city of Providence; | |
34 | (14) The director of the department of transportation; | |
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1 | (15) The director of the department of environmental management; | |
2 | (16) The director of the department of health; | |
3 | (17) The chief executive officer of the commerce corporation; | |
4 | (18) The commissioner of the Rhode Island office of energy resources; | |
5 | (19) The chief executive officer of the Rhode Island public transit authority; | |
6 | (20) The executive director of Rhode Island housing; | |
7 | (21) The executive director of the coastal resources management council; and | |
8 | (22) The director of the Rhode Island emergency management agency. | |
9 | (f) Powers and duties of state planning council. The state planning council shall have the | |
10 | following powers and duties: | |
11 | (1) To adopt strategic plans as defined in this section and the long-range state guide plan, | |
12 | and to modify and amend any of these, following the procedures for notification and public hearing | |
13 | set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the | |
14 | general assembly, state and federal agencies, and other public and private bodies; approval of | |
15 | strategic plans by the governor; and to ensure that strategic plans and the long-range state guide | |
16 | plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island | |
17 | comprehensive planning and land use regulation act"; | |
18 | (2) To coordinate the planning and development activities of all state agencies, in | |
19 | accordance with strategic plans prepared and adopted as provided for by this section; | |
20 | (3) To review and comment on the proposed annual work program of the statewide | |
21 | planning program; | |
22 | (4) To adopt rules and standards and issue orders concerning any matters within its | |
23 | jurisdiction as established by this section and amendments to it; | |
24 | (5) To establish advisory committees and appoint members thereto representing diverse | |
25 | interests and viewpoints as required in the state planning process and in the preparation or | |
26 | implementation of strategic plans. At minimum, the state planning council shall appoint permanent | |
27 | committees: | |
28 | (i) A technical committee, comprised of public members from different geographic areas | |
29 | of the state representing diverse interests along with officials of state, local, and federal | |
30 | government, who shall review all proposed elements of the state guide plan, or amendment or repeal | |
31 | of any element of the plan, and shall advise the state planning council thereon before the council | |
32 | acts on any such proposal. This committee shall also advise the state planning council on any other | |
33 | matter referred to it by the council; and | |
34 | (ii) An executive committee consisting of major participants of a Rhode Island geographic | |
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1 | information system with oversight responsibility for its activities; and | |
2 | (iii) A transportation advisory committee, made up of diverse representation, including, | |
3 | but not limited to, municipal elected and appointed officials; representatives of various | |
4 | transportation sectors, departments, and agencies; and other groups and agencies with an interest | |
5 | in transportation operations, maintenance, construction, and policy, who shall review | |
6 | transportation-related plans and amendments and recommend action to the state planning council. | |
7 | (6) To adopt, amend, and maintain, as an element of the state guide plan or as an | |
8 | amendment to an existing element of the state guide plan, standards and guidelines for the location | |
9 | of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due | |
10 | consideration for the location of such resources and facilities in commercial and industrial areas, | |
11 | agricultural areas, areas occupied by public and private institutions, and property of the state and | |
12 | its agencies and corporations, provided these areas are of sufficient size, and in other areas of the | |
13 | state as appropriate. | |
14 | (7) To act as the single, statewide metropolitan planning organization for transportation | |
15 | planning, and to promulgate all rules and regulations that are necessary thereto. | |
16 | (8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating | |
17 | applications, approving and issuing grants, and assist municipalities pursuant to the provisions of | |
18 | chapter 11.4 of title 42, and any rules or regulations promulgated thereunder. | |
19 | (g) Division of statewide planning. | |
20 | (1) The division of statewide planning shall be the principal staff agency of the state | |
21 | planning council for preparing and/or coordinating strategic plans for the comprehensive | |
22 | management of the state's human, economic, and physical resources. The division of statewide | |
23 | planning shall recommend to the state planning council specific guidelines, standards, and | |
24 | programs to be adopted to implement strategic planning and the state guide plan and shall undertake | |
25 | any other duties established by this section and amendments thereto. | |
26 | (2) The division of statewide planning shall maintain records (which shall consist of files | |
27 | of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto | |
28 | adopted or issued by the state planning council under this section. The records shall be open to the | |
29 | public. | |
30 | (3) The division of statewide planning shall manage and administer the Rhode Island | |
31 | geographic information system of land-related resources, and shall coordinate these efforts with | |
32 | other state departments and agencies, including the university of Rhode Island, which shall provide | |
33 | technical support and assistance in the development and maintenance of the system and its | |
34 | associated data base. | |
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1 | (4) The division of statewide planning shall coordinate and oversee the provision of | |
2 | technical assistance to political subdivisions of the state in preparing and implementing plans to | |
3 | accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the | |
4 | state guide plan and shall make available to cities and towns data and guidelines that may be used | |
5 | in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and | |
6 | elements thereby. | |
7 | (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4]. | |
8 | (i) The division of planning shall be the principal staff agency of the water resources board | |
9 | established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water resources | |
10 | board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply Facilities"). | |
11 | SECTION 3. Sections 42-11.4-1, 42-11.4-3, 42-11.4-4 and 42-11.4-5 of the General Laws | |
12 | in Chapter 42-11.4 entitled "The Rhode Island Municipal Infrastructure Grant Program" are hereby | |
13 | amended to read as follows: | |
14 | 42-11.4-1. Establishment. | |
15 | The Rhode Island municipal infrastructure grant program is hereby created within the | |
16 | Rhode Island infrastructure bank. department of administration and is subject to grant funding. | |
17 | State funds or appropriations shall not be utilized in connection with the implementation of this | |
18 | section. The Rhode Island infrastructure bank shall have all the powers necessary and convenient | |
19 | to carry out and effectuate the purposes and provisions of this chapter, including, without limiting | |
20 | the generality of the preceding statement, the authority to: The department of administration is | |
21 | authorized to: | |
22 | (1) Issue public infrastructure grants to municipalities and other public instrumentalities | |
23 | for design, construction, building, land acquisition, rehabilitation, repair, and other improvements | |
24 | to publicly owned infrastructure including, but not limited to, sewers, utility extensions, streets, | |
25 | roads, curb-cuts, parking, water-treatment systems, telecommunications systems, transit | |
26 | improvements, and pedestrian ways; and | |
27 | (2) Assist municipalities to advance projects that support job creation and expansion, | |
28 | housing development and rehabilitation, community development projects in areas or districts that | |
29 | communities have determined are best suited to efficiently accommodate future growth and | |
30 | redevelopment, largely in previously developed areas with some level of existing or planned | |
31 | infrastructure. ; | |
32 | (3) Establish a fund within the Rhode Island infrastructure bank to receive and disburse | |
33 | such funds as may be available for the purpose of the program, subject to the provisions of this | |
34 | section; | |
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1 | (4) Make and enter into binding commitments to provide grants to municipalities and other | |
2 | pubic instrumentalities from amounts on deposit in the program fund; | |
3 | (5) Engage the services of third-party vendors to provide professional services; | |
4 | (6) Establish one or more accounts within the fund; and | |
5 | (7) Such other authority as granted to the Rhode Island infrastructure bank under this | |
6 | chapter and chapter 12.2 of title 46. | |
7 | 42-11.4-3. Solicitations. | |
8 | (a) There shall be at least one open solicitation period each year to accept and consider new | |
9 | applications. Not The Rhode Island infrastructure bank shall provide not less than twelve (12) eight | |
10 | (8) weeks notice before the annual an open solicitation period. , the department of administration | |
11 | shall release the criteria upon which the applications shall be judged including, but not limited to, | |
12 | a minimum project readiness standard, overall spending targets by project type, preferences for | |
13 | projects that align with the state's prevailing economic development plan, and other preferences | |
14 | applying to that funding round. Grants may be made outside of the open solicitation period at the | |
15 | discretion of the director of administration subject to the provisions of this section. The Rhode | |
16 | Island infrastructure bank shall review and approve all applications for projects to be financed | |
17 | through the Rhode Island municipal infrastructure grant program. All grant awards shall be made | |
18 | after consultation with the Rhode Island division of statewide planning program and the Rhode | |
19 | Island infrastructure bank. | |
20 | (b) An eligible city or town, acting by and through its municipal officers or by and through | |
21 | any agency designated by the municipal officers to act on their behalf, may apply to the program | |
22 | for a grant in a specific amount to fund a specified project. Two (2) or more municipalities may | |
23 | apply jointly, with one municipality acting as fiscal agent. The grants may be made in addition to | |
24 | other forms of local, state, and federal assistance. Receipt of a grant that is part of a joint application | |
25 | shall not preclude a municipality from receiving additional funds under a separate application. | |
26 | 42-11.4-4. Rules and regulations. | |
27 | The director of administration Rhode Island infrastructure bank may shall establish | |
28 | reasonable rules and regulations to govern the application and distribution of grants under the | |
29 | program, to include, but not be limited to, provisions for joint applications by two (2) or more | |
30 | eligible municipalities for a single project serving those municipalities. The rules and regulations | |
31 | shall include the criteria upon which the applications shall be judged including, but not limited to, | |
32 | a minimum project readiness standard, overall spending targets by project type, preferences for | |
33 | projects that align with the state's prevailing economic development plan, and other preferences | |
34 | applying to that funding round. | |
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1 | 42-11.4-5. Reports. | |
2 | The director of administration Rhode Island infrastructure bank shall report annually to the | |
3 | governor, speaker of the house, president of the senate, and the chairs of the house committee on | |
4 | finance, senate committee on finance, house committee on oversight, senate committee on | |
5 | government oversight, house committee on municipal government, senate committee on housing | |
6 | and municipal government, and the permanent joint committee on economic development. The | |
7 | report shall include a list and description of all projects that received grant funds under the program; | |
8 | the amount of the grant awarded to the project; other sources of public funds that supported the | |
9 | project; and a detailed analysis of the economic impact of each project including, where applicable, | |
10 | the number of construction and full-time equivalent jobs to be created, number of housing units to | |
11 | be created, the private investment in the project, and the expected tax revenue generated from the | |
12 | project. | |
13 | SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled | |
14 | "Rebuild Rhode Island Tax Credit" is hereby amended to read as follows: | |
15 | 42-64.20-10. Sunset. | |
16 | No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021 | |
17 | December 31, 2022. | |
18 | SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode | |
19 | Island Tax Increment Financing" is hereby amended to read as follows: | |
20 | 42-64.21-9. Sunset. | |
21 | The commerce corporation shall enter into no agreement under this chapter after June 30, | |
22 | 2021 December 31, 2022. | |
23 | SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax | |
24 | Stabilization Incentive" is hereby amended to read as follows: | |
25 | 42-64.22-15. Sunset. | |
26 | The commerce corporation shall enter into no agreement under this chapter after June 30, | |
27 | 2021 December 31, 2022. | |
28 | SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First | |
29 | Wave Closing Fund Act" is hereby amended to read as follows: | |
30 | 42-64.23-8. Sunset. | |
31 | No financing shall be authorized to be reserved pursuant to this chapter after June 30, 2021 | |
32 | December 31, 2022. | |
33 | SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195 | |
34 | Redevelopment Project Fund Act" is hereby amended as follows: | |
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1 | 42-64.24-8. Sunset. | |
2 | No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant | |
3 | to this chapter after June 30, 2021 December 31, 2022. | |
4 | SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled | |
5 | "Rhode Island Small Business Assistance Program" is amended to read as follows: | |
6 | 42-64.25-14. Sunset. | |
7 | No grants, funding, or incentives shall be authorized pursuant to this chapter after June 30, | |
8 | 2021 December 31, 2022. | |
9 | SECTION 10. Sections 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the General Laws in | |
10 | Chapter 42-64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby amended to | |
11 | read as follows: | |
12 | 42-64.26-5. Administration. | |
13 | (a) Application. An eligible graduate claiming an award under this chapter shall submit to | |
14 | the commerce corporation an application in the manner that the commerce corporation shall | |
15 | prescribe. | |
16 | (b) Upon receipt of a proper application from an applicant who meets all of the eligibility | |
17 | requirements, the commerce corporation shall select applicants on a competitive basis to receive | |
18 | credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for | |
19 | an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree holder, and six | |
20 | thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the | |
21 | education loan repayment expenses incurred by such taxpayer during each service period | |
22 | completed, for up to four (4) consecutive service periods provided that the taxpayer continues to | |
23 | meet the eligibility requirements throughout the eligibility period. The commerce corporation shall | |
24 | delegate the selection of the applicants that are to receive awards to a fellowship committee to be | |
25 | convened by the commerce corporation and promulgate the selection procedures the fellowship | |
26 | committee will use, which procedures shall require that the committee's consideration of | |
27 | applications be conducted on a name-blind and employer-blind basis and that the applications and | |
28 | other supporting documents received or reviewed by the fellowship committee shall be redacted of | |
29 | the applicant's name, street address, and other personally-identifying information as well as the | |
30 | applicant's employer's name, street address, and other employer-identifying information. The | |
31 | commerce corporation shall determine the composition of the fellowship committee and the | |
32 | selection procedures it will use in consultation with the state's chambers of commerce. | |
33 | (c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of | |
34 | the education loan repayment expenses incurred paid by such taxpayer during each service period | |
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1 | completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the | |
2 | taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan | |
3 | repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the | |
4 | service period; (iii) The award shall not exceed the original loan amount plus any capitalized | |
5 | interest less award previously claimed under this section; and (iv) that the taxpayer claiming an | |
6 | award is current on his or her student loan repayment obligations. | |
7 | (d) The commerce corporation shall not commit to overall awards in excess of the amount | |
8 | contained in the fund. | |
9 | (e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in | |
10 | a calendar year to applicants who are permanent residents of the state of Rhode Island or who | |
11 | attended an institution of higher education located in Rhode Island when they incurred the | |
12 | education loan expenses to be repaid. | |
13 | (f) In administering award, the commerce corporation shall: | |
14 | (1) Require suitable proof that an applicant meets the eligibility requirements for award | |
15 | under this chapter; | |
16 | (2) Determine the contents of applications and other materials to be submitted in support | |
17 | of an application for award under this chapter; and | |
18 | (3) Collect reports and other information during the eligibility period for each award to | |
19 | verify that a taxpayer continues to meet the eligibility requirements for an award. | |
20 | 42-64.26-8. Carry forward and redemption of tax credits. | |
21 | (a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer's total | |
22 | tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the | |
23 | taxpayer's tax liability may be carried forward and applied against the taxes imposed for the | |
24 | succeeding four (4) years, or until the full credit is used, whichever occurs first. | |
25 | (b) The tax credit allowed under this chapter may be used as a credit against personal | |
26 | income taxes imposed under chapter 30 of title 44. | |
27 | (c) The division of taxation shall at the request of a taxpayer redeem such credits in whole | |
28 | or in part for one hundred percent (100%) of the value of the tax credit. | |
29 | (d) Any amounts paid to a taxpayer for the redemption of tax credits allowed award issued | |
30 | pursuant to this chapter after January 1, 2021 pursuant to this section shall be exempt from taxation | |
31 | under title 44 of the General Laws. | |
32 | 42-64.26-12. Sunset. | |
33 | No incentives or credits shall be authorized pursuant to this chapter after June 30, 2021 | |
34 | December 31, 2022. | |
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1 | SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main | |
2 | Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows: | |
3 | 42-64.27-6. Sunset. | |
4 | No incentives shall be authorized pursuant to this chapter after June 30, 2021 December | |
5 | 31, 2022. | |
6 | SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled | |
7 | "Innovation Initiative" is hereby amended as follows: | |
8 | 42-64.28-10. Sunset. | |
9 | No vouchers, grants, or incentives shall be authorized pursuant to this chapter after June | |
10 | 30, 2021 December 31, 2022. | |
11 | SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High | |
12 | School, College, and Employer Partnerships" is hereby amended as follows: | |
13 | 42-64.31-4. Sunset. | |
14 | No grants shall be authorized pursuant to this chapter after June 30, 2021 December 31, | |
15 | 2022. | |
16 | SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air | |
17 | Service Development Fund" is hereby amended as follows: | |
18 | 42-64.32-6. Sunset. | |
19 | No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant | |
20 | to this chapter after June 30, 2021 December 31, 2022. | |
21 | SECTION 15. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion | |
22 | Picture Production Tax Credits" is hereby amended to read as follows: | |
23 | 44-31.2-5. Motion picture production company tax credit. | |
24 | (a) A motion picture production company shall be allowed a credit to be computed as | |
25 | provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The | |
26 | amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred | |
27 | directly attributable to activity within the state, provided: | |
28 | (1) That the primary locations are within the state of Rhode Island and the total production | |
29 | budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or | |
30 | (2) The motion picture production incurs and pays a minimum of ten million dollars | |
31 | ($10,000,000) in state-certified production costs within a twelve-month (12) period. | |
32 | The credit shall be earned in the taxable year in which production in Rhode Island is | |
33 | completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c). | |
34 | (b) For the purposes of this section: "total production budget" means and includes the | |
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1 | motion picture production company's pre-production, production, and post-production costs | |
2 | incurred for the production activities of the motion picture production company in Rhode Island in | |
3 | connection with the production of a state-certified production. The budget shall not include costs | |
4 | associated with the promotion or marketing of the film, video, or television product. | |
5 | (c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million | |
6 | dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit | |
7 | is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to | |
8 | rules promulgated by the tax administrator, the administrator may issue a waiver of the seven | |
9 | million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the | |
10 | remaining funds available pursuant to section (e) of this section. | |
11 | (d) Credits allowed to a motion picture production company, which is a subchapter S | |
12 | corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be | |
13 | passed through respectively to persons designated as partners, members, or owners on a pro rata | |
14 | basis or pursuant to an executed agreement among such persons designated as subchapter S | |
15 | corporation shareholders, partners, or members documenting an alternate distribution method | |
16 | without regard to their sharing of other tax or economic attributes of such entity. | |
17 | (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax | |
18 | year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter | |
19 | and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After | |
20 | December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for | |
21 | any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater | |
22 | production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available | |
23 | to motion picture productions and musical and theatrical productions. No specific amount shall be | |
24 | set aside for either type of production. | |
25 | (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 | |
27 | 31.3 of this title shall not exceed thirty million dollars ($30,000,000) | |
28 | 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. | |
31 | 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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1 | 44-48.3-14. Sunset. | |
2 | No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021 | |
3 | December 31, 2022. | |
4 | SECTION 18. This article shall take effect upon passage. | |
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