H5200

	2023 -- H 5200
	========
	LC000715
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2023
	____________
	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL
	YEAR ENDING JUNE 30, 2024

	Introduced By: Representative Marvin L. Abney
	Date Introduced: January 19, 2023
	Referred To: House Finance
	(Governor)
	It is enacted by the General Assembly as follows:
1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY
2	2024
3	ARTICLE 2 RELATING TO STATE FUNDS
4	ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION
5	ARTICLE 4 RELATING TO TAXES
6	ARTICLE 5 RELATING TO ENERGY AND THE ENVIRONMENT
7	ARTICLE 6 RELATING TO SMALL BUSINESS
8	ARTICLE 7 RELATING TO ECONOMIC DEVELOPMENT
9	ARTICLE 8 RELATING TO EDUCATION
10	ARTICLE 9 RELATING TO MEDICAL ASSISTANCE
11	ARTICLE 10 RELATING TO REPRODUCTIVE HEALTHCARE
12	ARTICLE 11 RELATING TO LEASES
13	ARTICLE 12 RELATING TO EFFECTIVE DATE

1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2024
3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
4	this act, the following general revenue amounts are hereby appropriated out of any money in the
5	treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2024.
6	The amounts identified for federal funds and restricted receipts shall be made available pursuant to
7	section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes
8	and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw
9	his or her orders upon the general treasurer for the payment of such sums or such portions thereof
10	as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
11	Administration
12	Central Management
13	General Revenues 3,599,152
14	Federal Funds 109,029,495
15	Federal Funds - State Fiscal Recovery Fund
16	Municipal Roads Grant Program 20,000,000
17	Public Health Response Warehouse Support 1,400,000
18	Woonsocket Public Safety Facility 7,000,000
19	Total - Central Management 141,028,647
20	Legal Services
21	General Revenues 2,440,410
22	Accounts and Control
23	General Revenues 5,315,642
24	Federal Funds - Capital Projects Fund
25	CPF Administration 4,828,079
26	Federal Funds - State Fiscal Recovery Fund
27	Pandemic Recovery Office 6,918,788
28	Restricted Receipts - OPEB Board Administration 197,320
29	Restricted Receipts - Grants Management Administration 2,507,384
30	Total - Accounts and Control 19,767,213
31	Office of Management and Budget
32	General Revenues 9,431,527
33	Federal Funds 101,250
34	Restricted Receipts 300,000
	LC000715 - Page 2 of 204
1	Other Funds 1,220,255
2	Total - Office of Management and Budget 11,053,032
3	Purchasing
4	General Revenues 3,868,405
5	Restricted Receipts 446,294
6	Other Funds 612,914
7	Total - Purchasing 4,927,613
8	Human Resources
9	General Revenues 937,996
10	Personnel Appeal Board
11	General Revenues 100,881
12	Information Technology
13	General Revenues 28,221,340
14	Provided that of this general revenue amount, $27,000,000 shall be transferred to the Large
15	Systems Initiatives Fund by July 14, 2023.
16	Restricted Receipts 6,333,491
17	Total - Information Technology 34,554,831
18	Library and Information Services
19	General Revenues 1,903,636
20	Federal Funds 1,565,679
21	Restricted Receipts 6,990
22	Total - Library and Information Services 3,476,305
23	Planning
24	General Revenues 1,138,335
25	Federal Funds 3,050
26	Other Funds
27	Air Quality Modeling 24,000
28	Federal Highway - PL Systems Planning 3,321,572
29	State Transportation Planning Match 385,317
30	FTA - Metro Planning Grant 1,733,742
31	Total-Planning 6,606,016
32	General
33	General Revenues
34	Miscellaneous Grants/Payments 130,000
	LC000715 - Page 3 of 204
1	Provided that this amount be allocated to City Year for the Whole School Whole Child
2	Program, which provides individualized support to at-risk students.
3	Torts and Wrongful Conviction Court Awards 925,000
4	Resource Sharing and State Library Aid 11,475,314
5	Library Construction Aid 2,118,554
6	Defeasance of Existing Debt 35,000,000
7	Federal Funds - Capital Projects Fund
8	Municipal and Higher Ed Matching Grant Program 23,360,065
9	RIC Student Services Center 30,000,000
10	Restricted Receipts 700,000
11	Other Funds
12	Rhode Island Capital Plan Funds
13	Security Measures State Buildings 500,000
14	Energy Efficiency Improvements 1,000,000
15	Cranston Street Armory 2,250,000
16	State House Renovations 6,389,000
17	Zambarano Buildings and Campus 7,245,000
18	Replacement of Fueling Tanks 430,000
19	Environmental Compliance 200,000
20	Big River Management Area 200,000
21	Shepard Building Upgrades 1,500,000
22	RI Convention Center Authority 10,237,500
23	Accessibility - Facility Renovations 1,000,000
24	DoIT Enterprise Operations Center 2,140,000
25	BHDDH MH & Community Facilities - Asset Protection 950,000
26	BHDDH DD & Community Homes - Fire Code 325,000
27	BHDDH DD Regional Facilities - Asset Protection 1,800,000
28	BHDDH Substance Abuse Asset Protection 600,000
29	BHDDH Group Homes 1,350,000
30	Statewide Facility Master Plan 2,200,000
31	Cannon Building 3,725,000
32	Old State House 100,000
33	State Office Building 100,000
34	State Office Reorganization & Relocation 1,650,000
	LC000715 - Page 4 of 204
1	William Powers Building 4,750,000
2	Pastore Center Non-Hospital Buildings Asset Protection 10,330,000
3	Washington County Government Center 650,000
4	Chapin Health Laboratory 425,000
5	560 Jefferson Blvd Asset Protection 1,600,000
6	Arrigan Center 125,000
7	Civic Center 6,212,500
8	Pastore Center Building Demolition 1,000,000
9	Veterans Auditorium 100,000
10	Pastore Center Hospital Buildings Asset Protection 4,500,000
11	Pastore Campus Infrastructure 47,850,000
12	Pastore Center Power Plant Rehabilitation 450,000
13	Community Facilities Asset Protection 70,000
14	Zambarano LTAC Hospital 6,569,677
15	Medical Examiners New Facility 300,000
16	Group Home Replacement & Rehabilitation 5,000,000
17	Total - General 239,532,610
18	Debt Service Payments
19	General Revenues 182,821,772
20	Out of the general revenue appropriations for debt service, the General Treasurer is
21	authorized to make payments for the I-195 Redevelopment District Commission loan up to the
22	maximum debt service due in accordance with the loan agreement.
23	Other Funds
24	Transportation Debt Service 35,226,154
25	Investment Receipts - Bond Funds 100,000
26	Total - Debt Service Payments 218,147,926
27	Energy Resources
28	Federal Funds 1,628,101
29	Federal Funds - State Fiscal Recovery Fund
30	Electric Heat Pump Grant Program 20,000,000
31	Restricted Receipts 22,075,007
32	Total - Energy Resources 43,703,108
33	Rhode Island Health Benefits Exchange
34	General Revenues 3,484,018
	LC000715 - Page 5 of 204
1	Federal Funds 9,733,677
2	Federal Funds - State Fiscal Recovery Fund
3	Auto-Enrollment Program 1,325,358
4	Restricted Receipts 16,053,600
5	Total - Rhode Island Health Benefits Exchange 30,596,653
6	Division of Diversity, Equity & Inclusion
7	General Revenues 1,898,258
8	Other Funds 109,062
9	Total - Division of Diversity, Equity & Inclusion 2,007,320
10	Capital Asset Management and Maintenance
11	General Revenues 12,161,961
12	Grand Total - Administration 771,042,522
13	Business Regulation
14	Central Management
15	General Revenues 4,609,968
16	Banking Regulation
17	General Revenues 1,801,125
18	Restricted Receipts 63,000
19	Total - Banking Regulation 1,864,125
20	Securities Regulation
21	General Revenues 865,851
22	Restricted Receipts 15,000
23	Total - Securities Regulation 880,851
24	Insurance Regulation
25	General Revenues 4,669,856
26	Restricted Receipts 1,883,195
27	Total - Insurance Regulation 6,553,051
28	Office of the Health Insurance Commissioner
29	General Revenues 2,933,710
30	Federal Funds 322,958
31	Restricted Receipts 522,210
32	Total - Office of the Health Insurance Commissioner 3,778,878
33	Board of Accountancy
34	General Revenues 5,490
	LC000715 - Page 6 of 204
1	Commercial Licensing and Gaming and Athletics Licensing
2	General Revenues 1,194,966
3	Restricted Receipts 888,870
4	Total - Commercial Licensing and Gaming and Athletics Licensing 2,083,836
5	Building, Design and Fire Professionals
6	General Revenues 8,290,502
7	Federal Funds 318,545
8	Restricted Receipts 2,033,537
9	Other Funds
10	Quonset Development Corporation 71,915
11	Rhode Island Capital Plan Funds
12	Fire Academy Expansion 5,715,000
13	Total - Building, Design and Fire Professionals 16,429,499
14	Office of Cannabis Regulation
15	General Revenues 1,556,744
16	Restricted Receipts 4,560,461
17	Total - Office of Cannabis Regulation 6,117,205
18	Grand Total - Business Regulation 42,322,903
19	Executive Office of Commerce
20	Central Management
21	General Revenues 2,249,368
22	Quasi-Public Appropriations
23	General Revenues
24	Rhode Island Commerce Corporation 8,290,488
25	Airport Impact Aid 1,010,036
26	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
27	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
28	total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
29	of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022
30	at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
31	T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation
32	shall make an impact payment to the towns or cities in which the airport is located based on this
33	calculation. Each community upon which any part of the above airports is located shall receive at
34	least $25,000.
	LC000715 - Page 7 of 204
1	STAC Research Alliance 900,000
2	Innovative Matching Grants/Internships 1,000,000
3	I-195 Redevelopment District Commission 1,245,050
4	Polaris Manufacturing Grant 450,000
5	East Providence Waterfront Commission 50,000
6	Urban Ventures 140,000
7	Chafee Center at Bryant 476,200
8	Federal Funds - State Fiscal Recovery Fund
9	Port of Davisville 54,000,000
10	Other Funds
11	Rhode Island Capital Plan Funds
12	I-195 Redevelopment District Commission 700,000
13	Total - Quasi-Public Appropriations 68,261,774
14	Economic Development Initiatives Fund
15	General Revenues
16	Innovation Initiative 2,000,000
17	Rebuild RI Tax Credit Fund 26,360,000
18	Small Business Promotion 1,000,000
19	Small Business Assistance 3,250,000
20	I-195 Redevelopment Fund 2,000,000
21	First Wave Closing Fund 20,000,000
22	Federal Funds 20,000,000
23	Federal Funds - State Fiscal Recovery Fund
24	Destination Marketing 1,500,000
25	Total - Economic Development Initiatives Fund 76,110,000
26	Commerce Programs
27	General Revenues
28	Wavemaker Fellowship 4,000,000
29	Air Service Development Fund 2,250,000
30	Main Streets Revitalization 1,000,000
31	Federal Funds - State Fiscal Recovery Fund
32	Minority Business Accelerator 4,000,000
33	Bioscience Investments 45,000,000
34	South Quay Marine Terminal 48,000,000
	LC000715 - Page 8 of 204
1	Small Business Assistance 5,000,000
2	Federal Funds - Capital Projects Fund
3	Broadband 9,573,500
4	Total - Commerce Programs 118,823,500
5	Grand Total - Executive Office of Commerce 265,444,642
6	Department of Housing
7	Central Management
8	General Revenues 4,997,895
9	Federal Funds 15,493,898
10	Federal Funds - State Fiscal Recovery Fund
11	OHCD Predevelopment and Capacity Fund 500,000
12	Development of Affordable Housing 55,000,000
13	Homelessness Assistance Program 13,000,000
14	Site Acquisition 10,000,000
15	Down Payment Assistance 20,000,000
16	Workforce Housing 8,000,000
17	Affordable Housing Predevelopment Program 7,500,000
18	Home Repair and Community Revitalization 10,000,000
19	Homelessness Infrastructure 30,000,000
20	Restricted Receipts 7,664,150
21	Total - Housing and Community Development 182,155,943
22	Labor and Training
23	Central Management
24	General Revenues 1,802,264
25	Restricted Receipts 392,553
26	Total - Central Management 2,194,817
27	Workforce Development Services
28	General Revenues 1,101,472
29	Provided that $200,000 of this amount is used to support Year Up.
30	Federal Funds 26,829,345
31	Total - Workforce Development Services 27,930,817
32	Workforce Regulation and Safety
33	General Revenues 4,542,857
34	Income Support
	LC000715 - Page 9 of 204
1	General Revenues 3,674,652
2	Federal Funds 28,895,030
3	Restricted Receipts 2,425,462
4	Other Funds
5	Temporary Disability Insurance Fund 262,307,666
6	Employment Security Fund 142,775,000
7	Total - Income Support 440,077,810
8	Injured Workers Services
9	Restricted Receipts 10,860,358
10	Labor Relations Board
11	General Revenues 553,932
12	Governor’s Workforce Board
13	General Revenues 6,050,000
14	Provided that $600,000 of these funds shall be used for enhanced training for direct care
15	and support services staff to improve resident quality of care and address the changing health care
16	needs of nursing facility residents due to higher acuity and increased cognitive impairments
17	pursuant to Rhode Island General Laws, Section 23-17.5-36.
18	Federal Funds - State Fiscal Recovery Fund
19	Enhanced Real Jobs 20,000,000
20	Restricted Receipts 17,256,83 0
21	Total - Governor’s Workforce Board 43,306,830
22	Grand Total - Labor and Training 529,467,421
23	Department of Revenue
24	Director of Revenue
25	General Revenues 2,348,848
26	Office of Revenue Analysis
27	General Revenues 983,531
28	Lottery Division
29	Other Funds 389,849,764
30	Municipal Finance
31	General Revenues 1,759,431
32	Taxation
33	General Revenues 34,604,969
34	Restricted Receipts 5,067,295
	LC000715 - Page 10 of 204
1	Other Funds
2	Motor Fuel Tax Evasion 175,000
3	Total - Taxation 39,847,264
4	Registry of Motor Vehicles
5	General Revenues 31,507,957
6	Federal Funds 599,904
7	Restricted Receipts 3,494,403
8	Total - Registry of Motor Vehicles 35,602,264
9	State Aid
10	General Revenues
11	Distressed Communities Relief Fund 12,384,458
12	Payment in Lieu of Tax Exempt Properties 50,180,167
13	Motor Vehicle Excise Tax Payments 234,712,307
14	Property Revaluation Program 906,329
15	Restricted Receipts 995,120
16	Total - State Aid 299,178,381
17	Collections
18	General Revenues 1,002,552
19	Grand Total - Revenue 770,572,035
20	Legislature
21	General Revenues 50,998,683
22	Restricted Receipts 2,090,093
23	Grand Total - Legislature 53,088,776
24	Lieutenant Governor
25	General Revenues 1,411,331
26	Secretary of State
27	Administration
28	General Revenues 4,158,917
29	Corporations
30	General Revenues 2,815,916
31	State Archives
32	General Revenues 198,351
33	Restricted Receipts 558,028
34	Total - State Archives 756,379
	LC000715 - Page 11 of 204
1	Elections and Civics
2	General Revenues 2,456,107
3	Federal Funds 2,001,207
4	Total - Elections and Civics 4,457,314
5	State Library
6	General Revenues 854,042
7	Provided that $125,000 be allocated to support the Rhode Island Historical Society
8	pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
9	Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
10	Office of Public Information
11	General Revenues 630,466
12	Receipted Receipts 25,000
13	Total - Office of Public Information 655,466
14	Grand Total - Secretary of State 13,698,034
15	General Treasurer
16	Treasury
17	General Revenues 2,873,945
18	Federal Funds 343,876
19	Other Funds
20	Temporary Disability Insurance Fund 262,277
21	Tuition Savings Program - Administration 432,979
22	Total -Treasury 3,913,077
23	State Retirement System
24	Restricted Receipts
25	Admin Expenses - State Retirement System 13,005,657
26	Retirement - Treasury Investment Operations 1,979,142
27	Defined Contribution - Administration 328,028
28	Total - State Retirement System 15,312,827
29	Unclaimed Property
30	Restricted Receipts 2,604,026
31	Crime Victim Compensation Program
32	General Revenues 899,553
33	Federal Funds 422,493
34	Restricted Receipts 555,000
	LC000715 - Page 12 of 204
1	Total - Crime Victim Compensation Program 1,877,046
2	Grand Total - General Treasurer 23,706,976
3	Board of Elections
4	General Revenues 3,637,565
5	Rhode Island Ethics Commission
6	General Revenues 2,097,059
7	Office of Governor
8	General Revenues
9	General Revenues 8,256,547
10	Contingency Fund 150,000
11	Grand Total - Office of Governor 8,406,547
12	Commission for Human Rights
13	General Revenues 1,824,202
14	Federal Funds 359,101
15	Grand Total - Commission for Human Rights 2,183,303
16	Public Utilities Commission
17	Federal Funds 593,775
18	Restricted Receipts 13,567,525
19	Grand Total - Public Utilities Commission 14,161,300
20	Office of Health and Human Services
21	Central Management
22	General Revenues 46,732,194
23	Federal Funds 178,630,783
24	Restricted Receipts 33,192,904
25	Total - Central Management 258,555,881
26	Medical Assistance
27	General Revenues
28	Managed Care 435,408,115
29	Hospitals 126,002,758
30	Of the general revenue funding, $2.5 million shall be provided for Graduate Medical
31	Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,
32	$1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million
33	is for the new residential training program at Landmark Hospital.
34	Nursing Facilities 161,995,000
	LC000715 - Page 13 of 204
1	Home and Community Based Services 57,693,750
2	Other Services 161,855,854
3	Pharmacy 91,876,250
4	Rhody Health 231,513,617
5	Federal Funds
6	Managed Care 571,357,712
7	Hospitals 239,389,526
8	Nursing Facilities 196,005,000
9	Home and Community Based Services 69,806,250
10	Other Services 831,426,291
11	Pharmacy 23,750
12	Rhody Health 278,130,872
13	Other Programs 32,247,569
14	Restricted Receipts 19,345,306
15	Total - Medical Assistance 3,504,077,620
16	Grand Total - Office of Health and Human Services 3,762,633,501
17	Children, Youth and Families
18	Central Management
19	General Revenues 14,968,321
20	The director of the department of children, youth and families shall provide to the speaker
21	of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,
22	a report on its progress implementing the accreditation plan filed in accordance with Rhode Island
23	General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The
24	report shall, at minimum, provide data regarding recruitment and retention efforts including
25	attaining and maintaining a diverse workforce, documentation of newly filled and vacated
26	positions, and progress towards reducing worker caseloads.
27	Federal Funds 9,881,598
28	Federal Funds - State Fiscal Recovery Fund
29	Foster Home Lead Abatement & Fire Safety 375,000
30	Total - Central Management 25,224,919
31	Children's Behavioral Health Services
32	General Revenues 8,818,972
33	Federal Funds 8,663,056
34	Total - Children's Behavioral Health Services 17,482,028
	LC000715 - Page 14 of 204
1	Youth Development Services
2	General Revenues 23,121,308
3	Federal Funds 193,194
4	Restricted Receipts 141,260
5	Other Funds
6	Rhode Island Capital Plan Funds
7	Training School Asset Protection 250,000
8	Residential Treatment Facility 15,000,000
9	Total – Youth Development Services 38,705,762
10	Child Welfare
11	General Revenues 171,324,408
12	Federal Funds 87,739,566
13	Restricted Receipts 1,349,863
14	Total - Child Welfare 260,413,837
15	Higher Education Incentive Grants
16	General Revenues 194,806
17	Grand Total - Children, Youth and Families 342,021,352
18	Health
19	Central Management
20	General Revenues 3,845,945
21	Federal Funds 7,898,826
22	Restricted Receipts 13,831,745
23	Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
24	in this line item that are derived from grants authorized under The Coronavirus Preparedness and
25	Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
26	Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
27	136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the
28	Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021
29	(P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management
30	and Budget. No obligation or expenditure of these funds shall take place without such approval.
31	Total - Central Management 25,576,516
32	Community Health and Equity
33	General Revenues 658,409
34	Federal Funds 77,758,255
	LC000715 - Page 15 of 204
1	Restricted Receipts 43,502,890
2	Total - Community Health and Equity 121,919,554
3	Environmental Health
4	General Revenues 6,042,901
5	Federal Funds 11,275,046
6	Restricted Receipts 895,252
7	Total - Environmental Health 18,213,199
8	Health Laboratories and Medical Examiner
9	General Revenues 12,649,344
10	Federal Funds 2,669,840
11	Other Funds
12	Rhode Island Capital Plan Funds
13	Health Laboratories & Medical Examiner Equipment 400,000
14	Total - Health Laboratories and Medical Examiner 15,719,184
15	Customer Services
16	General Revenues 8,109,896
17	Federal Funds 7,407,461
18	Restricted Receipts 4,425,552
19	Total - Customer Services 19,942,909
20	Policy, Information and Communications
21	General Revenues 982,376
22	Federal Funds 3,578,329
23	Restricted Receipts 882,254
24	Total - Policy, Information and Communications 5,442,959
25	Preparedness, Response, Infectious Disease & Emergency Services
26	General Revenues 2,153,280
27	Federal Funds 19,698,309
28	Total - Preparedness, Response, Infectious Disease & Emergency
29	Services 21,851,589
30	COVID-19
31	Federal Funds 56,123,002
32	Federal Funds - State Fiscal Recovery Fund
33	COVID-19 Operational Support 34,909,578
34	Grand Total - Health 319,698,490
	LC000715 - Page 16 of 204
1	Human Services
2	Central Management
3	General Revenues 5,711,779
4	Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide
5	direct services through the Coalition Against Domestic Violence, $450,000 to support Project
6	Reach activities provided by the RI Alliance of Boys and Girls Clubs, $267,000 is for outreach and
7	supportive services through Day One, $450,000 is for food collection and distribution through the
8	Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads
9	Rhode Island, $600,000 for the Community Action Fund, $250,000 is for the Institute for the Study
10	and Practice of Nonviolence’s Reduction Strategy, $75,000 is to support services provided to the
11	immigrant and refugee population through Higher Ground International, and $50,000 is for services
12	provided to refugees through the Refugee Dream Center.
13	The director of the department of human services shall provide to the speaker of the house,
14	president of the senate, and chairs of the house and senate finance committees at least every sixty
15	(60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer
16	serving staff. The report shall include: documentation of newly filled and vacated positions,
17	including lateral transfers, position titles, civil service information, including numbers of eligible
18	and available candidates, plans for future testing and numbers of eligible and available candidates
19	resulting from such testing, impacts on caseload backlogs and call center wait times, as well as
20	other pertinent information as determined by the director.
21	Federal Funds 5,045,624
22	Restricted Receipts 300,000
23	Total - Central Management 11,057,403
24	Child Support Enforcement
25	General Revenues 4,116,800
26	Federal Funds 9,210,378
27	Restricted Receipts 3,613,859
28	Total - Child Support Enforcement 16,941,037
29	Individual and Family Support
30	General Revenues 47,445,759
31	Federal Funds 116,336,111
32	Federal Funds – State Fiscal Recovery Fund
33	Child Care Support 1,717,000
34	Restricted Receipts 185,000
	LC000715 - Page 17 of 204
1	Other Funds
2	Rhode Island Capital Plan Funds
3	Blind Vending Facilities 165,000
4	Total - Individual and Family Support 165,848,870
5	Office of Veterans Services
6	General Revenues 33,918,151
7	Of this amount, $200,000 is to provide support services through Veterans’ organizations
8	and $50,000 is to support Operation Stand Down.
9	Federal Funds 11,944,899
10	Restricted Receipts 1,765,801
11	Other Funds
12	Rhode Island Capital Plan Funds
13	Veterans Home Asset Protection 215,505
14	Veterans Memorial Cemetery Asset Protection 750,000
15	Total - Office of Veterans Services 48,594,356
16	Health Care Eligibility
17	General Revenues 9,798,668
18	Federal Funds 15,903,566
19	Total - Health Care Eligibility 25,702,234
20	Supplemental Security Income Program
21	General Revenues 17,108,100
22	Rhode Island Works
23	General Revenues 10,210,974
24	Federal Funds 104,272,735
25	Total - Rhode Island Works 114,483,709
26	Other Programs
27	General Revenues 1,778,700
28	Of this appropriation, $90,000 shall be used for hardship contingency payments.
29	Federal Funds 353,628,267
30	Restricted Receipts 8,000
31	Total - Other Programs 355,414,967
32	Office of Healthy Aging
33	General Revenues 13,390,800
	LC000715 - Page 18 of 204
1	Of this amount, $325,000 is to provide elder services, including respite, through the
2	Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term
3	Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for
4	housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and
5	$1,200,000 is for Senior Services Support and $680,000 is for elderly nutrition, of which $630,000
6	is for Meals on Wheels.
7	Federal Funds 20,634,526
8	Restricted Receipts 61,000
9	Other Funds
10	Intermodal Surface Transportation Fund 5,467,121
11	Total - Office of Healthy Aging 39,553,447
12	Grand Total - Human Services 794,704,123
13	Behavioral Healthcare, Developmental Disabilities and Hospitals
14	Central Management
15	General Revenues 2,445,310
16	Federal Funds 734,228
17	Total - Central Management 3,179,538
18	Hospital and Community System Support
19	General Revenues 1,260,208
20	Federal Funds 65,739
21	Restricted Receipts 448,659
22	Total - Hospital and Community System Support 1,774,606
23	Services for the Developmentally Disabled
24	General Revenues 188,286,360
25	Provided that of this general revenue funding, $13,944,922 shall be expended on certain
26	community-based department of behavioral healthcare, developmental disabilities and hospitals
27	(BHDDH) developmental disability private provider and self-directed consumer direct care service
28	worker raises and associated payroll costs as authorized by BHDDH. Any increase for direct
29	support staff and residential or other community-based setting must first receive the approval of
30	BHDDH.
31	Federal Funds 227,617,571
32	Provided that of this federal funding, $16,872,585 shall be expended on certain
33	community-based department of behavioral healthcare, developmental disabilities and hospitals
34	(BHDDH) developmental disability private provider and self-directed consumer direct care service
	LC000715 - Page 19 of 204
1	worker raises and associated payroll costs as authorized by BHDDH. Any increase for direct
2	support staff and residential or other community-based setting must first receive the approval of
3	BHDDH.
4	Restricted Receipts 1,395,777
5	Other Funds
6	Rhode Island Capital Plan Funds
7	DD Residential Support 100,000
8	Total - Services for the Developmentally Disabled 417,399,708
9	Behavioral Healthcare Services
10	General Revenues 4,308,736
11	Federal Funds 34,025,449
12	Provided that $250,000 from Social Services Block Grant funds is awarded to The
13	Providence Center to coordinate with Oasis Wellness and Recovery for its support and services
14	program offered to individuals with behavioral health issues.
15	Federal Funds - State Fiscal Recovery Fund
16	Crisis Intervention Trainings 1,650,000
17	9-8-8 Hotline 1,600,000
18	Restricted Receipts 7,334,361
19	Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the
20	seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each
21	Task Force.
22	Total - Behavioral Healthcare Services 48,918,546
23	Hospital and Community Rehabilitative Services
24	General Revenues 60,657,511
25	Federal Funds 49,268,415
26	Restricted Receipts 3,150,000
27	Other Funds
28	Rhode Island Capital Plan Funds
29	Hospital Equipment 300,000
30	Total - Hospital and Community Rehabilitative Services 113,375,926
31	State of RI Psychiatric Hospital
32	General Revenue 34,948,359
33	Grand Total - Behavioral Healthcare,
34	Developmental Disabilities and Hospitals 619,596,683
	LC000715 - Page 20 of 204
1	Office of the Child Advocate
2	General Revenues 1,630,743
3	Commission on the Deaf and Hard of Hearing
4	General Revenues 764,208
5	Restricted Receipts 104,467
6	Grand Total - Comm. On Deaf and Hard-of-Hearing 868,675
7	Governor’s Commission on Disabilities
8	General Revenues
9	General Revenues 776,252
10	Livable Home Modification Grant Program 516,699
11	Provided that this will be used for home modification and accessibility enhancements to
12	construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
13	This will be in consultation with the Executive Office of Health and Human Services. All
14	unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the
15	ensuing fiscal year, and made immediately available for the same purpose.
16	Federal Funds 378,638
17	Restricted Receipts 62,131
18	Grand Total - Governor’s Commission on Disabilities 1,733,720
19	Office of the Mental Health Advocate
20	General Revenues 976,078
21	Elementary and Secondary Education
22	Administration of the Comprehensive Education Strategy
23	General Revenues 28,540,632
24	Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
25	Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
26	support child opportunity zones through agreements with the Department of Elementary and
27	Secondary Education to strengthen education, health and social services for students and their
28	families as a strategy to accelerate student achievement.
29	Federal Funds 281,923,148
30	Provided that $684,000 from the Department’s administrative share of Individuals with
31	Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to
32	support the Rhode Island Vision Education and Services Program.
33	Federal Funds – State Fiscal Recovery Fund
34	Adult Education Providers 3,000,000
	LC000715 - Page 21 of 204
1	Out of School Time Education Providers 4,000,000
2	Restricted Receipts
3	Restricted Receipts 2,381,954
4	HRIC Adult Education Grants 3,500,000
5	Total - Admin. of the Comprehensive Ed. Strategy 323,345,734
6	Davies Career and Technical School
7	General Revenues 15,892,211
8	Federal Funds 2,069,097
9	Restricted Receipts 4,448,690
10	Other Funds
11	Rhode Island Capital Plan Funds
12	Davies School HVAC 50,000
13	Davies School Asset Protection 500,000
14	Davies School Wing Renovation 2,500,000
15	Total - Davies Career and Technical School 25,459,998
16	RI School for the Deaf
17	General Revenues 8,341,094
18	Federal Funds 312,070
19	Restricted Receipts 619,262
20	Other Funds
21	School for the Deaf Transformation Grants 59,000
22	Rhode Island Capital Plan Funds
23	School for the Deaf Asset Protection 331,000
24	Total - RI School for the Deaf 9,662,426
25	Metropolitan Career and Technical School
26	General Revenues 11,160,738
27	Federal Funds 2,707,864
28	Other Funds
29	Rhode Island Capital Plan Funds
30	MET School Asset Protection 2,000,000
31	Total - Metropolitan Career and Technical School 15,868,602
32	Education Aid
33	General Revenues 1,126,377,610
	LC000715 - Page 22 of 204
1	Provided that the criteria for the allocation of early childhood funds shall prioritize
2	prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
3	hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
4	with higher concentrations of low performing schools.
5	Provided further that $8,543,690 shall be allocated pro rata to mitigate any reduction in the
6	amount of funds received by any local education agency pursuant to Section 16-7.2-3(a) of the
7	Rhode Island General Laws in FY 2024 relative to the amount of funds received by any local
8	education agency during FY 2023.
9	Federal Funds 238,550,194
10	Restricted Receipts 36,395,639
11	Other Funds
12	Permanent School Fund 300,000
13	Total - Education Aid 1,401,623,443
14	Central Falls School District
15	General Revenues 50,162,617
16	Federal Funds 10,869,398
17	Total - Central Falls School District 61,032,015
18	School Construction Aid
19	General Revenues
20	General Revenues
21	School Housing Aid 103,462,946
22	Teachers' Retirement
23	General Revenues 132,744,129
24	Grand Total - Elementary and Secondary Education 2,073,199,293
25	Public Higher Education
26	Office of Postsecondary Commissioner
27	General Revenues 28,102,355
28	Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to
29	the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode
30	Island to support its programs for children with developmental and intellectual disabilities. It is also
31	provided that $8,568,644 shall be allocated to the Rhode Island Promise Scholarship program,
32	$151,410 shall be used to support Rhode Island’s membership in the New England Board of Higher
33	Education, and $2,500,000 shall be allocated to the Fresh Start Scholarship Program at the
34	Community College of Rhode Island.
	LC000715 - Page 23 of 204
1	Federal Funds
2	Federal Funds 4,081,833
3	Guaranty Agency Administration 400,000
4	Guaranty Agency Operating Fund - Scholarships & Grants 3,900,000
5	Federal Funds - State Fiscal Recovery Fund
6	RI Reconnect 8,000,000
7	Restricted Receipts 5,904,272
8	Other Funds
9	Tuition Savings Program - Dual Enrollment 2,300,000
10	Tuition Savings Program - Scholarships and Grants 895,000
11	Nursing Education Center – Operating 2,894,863
12	Total - Office of Postsecondary Commissioner 56,478,323
13	University of Rhode Island
14	General Revenues
15	General Revenues 99,207,527
16	Provided that in order to leverage federal funding and support economic development,
17	$700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated
18	to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special
19	Olympics Rhode Island to support its mission of providing athletic opportunities for individuals
20	with intellectual and developmental disabilities.
21	Debt Service 31,813,173
22	RI State Forensics Laboratory 1,618,744
23	Other Funds
24	University and College Funds 745,170,430
25	Debt - Dining Services 992,421
26	Debt - Education and General 7,633,681
27	Debt - Health Services 119,986
28	Debt - Housing Loan Funds 12,979,112
29	Debt - Memorial Union 425,523
30	Debt - Ryan Center 2,378,224
31	Debt - Parking Authority 819,763
32	URI Restricted Debt Service - Energy Conservation 507,250
33	URI Debt Service - Energy Conservation 1,885,825
34	Rhode Island Capital Plan Funds
	LC000715 - Page 24 of 204
1	Asset Protection 11,494,395
2	Mechanical, Electric, and Plumbing Improvements 13,205,467
3	Fire Protection Academic Buildings 3,081,532
4	Bay Campus 6,000,000
5	Athletics Complex 15,000,000
6	Stormwater Management 256,338
7	Fine Arts Center Renovation 8,000,000
8	Total - University of Rhode Island 962,589,391
9	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
10	unencumbered balances as of June 30, 2024 relating to the University of Rhode Island are hereby
11	reappropriated to fiscal year 2025.
12	Rhode Island College
13	General Revenues
14	General Revenues 65,957,566
15	Debt Service 8,732,729
16	Other Funds
17	University and College Funds 101,032,657
18	Debt - Education and General 1,579,049
19	Debt - Housing 369,079
20	Debt - Student Center and Dining 155,000
21	Debt - Student Union 208,800
22	Debt - G.O. Debt Service 1,643,056
23	Debt - Energy Conservation 717,975
24	Rhode Island Capital Plan Funds
25	Asset Protection 5,432,000
26	Infrastructure Modernization 5,275,000
27	Master Plan Phase III 10,000,000
28	Total - Rhode Island College 201,102,911
29	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
30	unencumbered balances as of June 30, 2024 relating to Rhode Island College are hereby
31	reappropriated to fiscal year 2025.
32	Community College of Rhode Island
33	General Revenues
34	General Revenues 58,327,078
	LC000715 - Page 25 of 204
1	Debt Service 807,992
2	Restricted Receipts 828,372
3	Other Funds
4	University and College Funds 98,389,036
5	Rhode Island Capital Plan Funds
6	Asset Protection 2,653,124
7	Knight Campus Renewal 1,390,000
8	Data, Cabling, and Power Infrastructure 3,300,000
9	Flanagan Campus Renovations 4,500,000
10	CCRI Renovation and Modernization Phase I 9,000,000
11	Total - Community College of RI 179,195,602
12	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
13	unencumbered balances as of June 30, 2024 relating to the Community College of Rhode Island
14	are hereby reappropriated to fiscal year 2025.
15	Grand Total - Public Higher Education 1,399,366,227
16	RI State Council on the Arts
17	General Revenues
18	Operating Support 1,067,328
19	Grants 1,165,000
20	Provided that $375,000 be provided to support the operational costs of WaterFire
21	Providence art installations.
22	Federal Funds 1,347,593
23	Restricted Receipts 50,000
24	Other Funds
25	Art for Public Facilities 585,000
26	Grand Total - RI State Council on the Arts 4,214,921
27	RI Atomic Energy Commission
28	General Revenues 1,158,737
29	Restricted Receipts 25,036
30	Other Funds
31	URI Sponsored Research 344,971
32	Rhode Island Capital Plan Funds
33	Asset Protection 50,000
34	Grand Total - RI Atomic Energy Commission 1,578,744
	LC000715 - Page 26 of 204
1	RI Historical Preservation and Heritage Commission
2	General Revenues 1,689,697
3	Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
4	activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions.
5	Federal Funds 1,393,147
6	Restricted Receipts 422,800
7	Other Funds
8	RIDOT Project Review 110,327
9	Grand Total - RI Historical Preservation and Heritage Comm. 3,615,971
10	Attorney General
11	Criminal
12	General Revenues 21,038,345
13	Federal Funds 2,909,219
14	Restricted Receipts 577,591
15	Total - Criminal 24,525,155
16	Civil
17	General Revenues 7,010,429
18	Restricted Receipts 1,523,594
19	Total - Civil 8,534,023
20	Bureau of Criminal Identification
21	General Revenues 2,145,184
22	Restricted Receipts 1,296,624
23	Total - Bureau of Criminal Identification 3,441,808
24	General
25	General Revenues 4,668,933
26	Other Funds
27	Rhode Island Capital Plan Funds
28	Building Renovations and Repairs 150,000
29	Total - General 4,818,933
30	Grand Total - Attorney General 41,319,919
31	Corrections
32	Central Management
33	General Revenues 21,930,514
34	Parole Board
	LC000715 - Page 27 of 204
1	General Revenues 1,382,965
2	Custody and Security
3	General Revenues 154,008,412
4	Federal Funds 1,413,868
5	Total - Custody and Security 155,422,280
6	Institutional Support
7	General Revenues 29,168,839
8	Other Funds
9	Rhode Island Capital Plan Funds
10	Asset Protection 4,100,000
11	Total - Institutional Support 33,268,839
12	Institutional Based Rehab/Population Management
13	General Revenues 14,138,479
14	Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
15	discharge planning.
16	The director of the department of corrections shall provide to the speaker of the house and
17	president of the senate at least every ninety (90) days beginning September 1, 2022, a report on
18	efforts to modernize the correctional industries program. The report shall, at minimum, provide
19	data on the past ninety (90) days regarding program participation, changes made in programming
20	to more closely align with industry needs, new or terminated partnerships with employers,
21	nonprofits, and advocacy groups, current program expenses and revenues, and the employment
22	status of all persons on the day of discharge from department care who participated in the
23	correctional industries program.
24	Federal Funds 630,449
25	Restricted Receipts 64,600
26	Total - Institutional Based Rehab/Population Mgt. 14,833,528
27	Healthcare Services
28	General Revenues 29,477,706
29	Restricted Receipts 1,331,585
30	Total - Healthcare Services 30,809,291
31	Community Corrections
32	General Revenues 20,982,773
33	Federal Funds 175,542
34	Restricted Receipts 36,924
	LC000715 - Page 28 of 204
1	Total - Community Corrections 21,195,239
2	Grand Total - Corrections 278,842,656
3	Judiciary
4	Supreme Court
5	General Revenues
6	General Revenues 34,670,879
7	Provided however, that no more than $1,453,387 in combined total shall be offset to the
8	Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
9	Department of Children, Youth and Families, and the Department of Public Safety for square-
10	footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
11	the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
12	project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
13	Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.
14	Defense of Indigents 5,075,432
15	Federal Funds 213,725
16	Restricted Receipts 4,179,552
17	Other Funds
18	Rhode Island Capital Plan Funds
19	Garrahy Courtroom Restoration 750,000
20	Judicial Complexes - HVAC 1,000,000
21	Judicial Complexes Asset Protection 2,250,000
22	Judicial Complexes Fan Coil Unit Replacements 500,000
23	Garrahy Courthouse Restoration 1,125,000
24	Total - Supreme Court 49,764,588
25	Judicial Tenure and Discipline
26	General Revenues 174,733
27	Superior Court
28	General Revenues 27,552,736
29	Federal Funds 70,028
30	Restricted Receipts 665,000
31	Total - Superior Court 28,287,764
32	Family Court
33	General Revenues 26,009,022
34	Federal Funds 3,866,908
	LC000715 - Page 29 of 204
1	Total - Family Court 29,875,930
2	District Court
3	General Revenues 16,319,444
4	Federal Funds 821,532
5	Restricted Receipts 60,000
6	Total - District Court 17,200,976
7	Traffic Tribunal
8	General Revenues 11,185,670
9	Workers' Compensation Court
10	Restricted Receipts 10,008,315
11	Grand Total - Judiciary 146,497,976
12	Military Staff
13	General Revenues 3,819,141
14	Federal Funds 65,078,662
15	Restricted Receipts
16	RI Military Family Relief Fund 55,000
17	Other Funds
18	Rhode Island Capital Plan Funds
19	Aviation Readiness Center 1,125,800
20	Asset Protection 975,000
21	Quonset Airport Runway Reconstruction 2,661,750
22	Quonset Air National Guard HQ Facility 3,000,000
23	Counter-Drug Training Facility 2,000,000
24	Grand Total - Military Staff 78,715,353
25	Public Safety
26	Central Management
27	General Revenues 1,366,598
28	Federal Funds 11,284,115
29	Federal Funds - State Fiscal Recovery Fund
30	Support for Survivors of Domestic Violence 7,000,000
31	Restricted Receipts 191,311
32	Total - Central Management 19,842,024
33	E-911 Emergency Telephone System
34	Restricted Receipts 9,269,543
	LC000715 - Page 30 of 204
1	Security Services
2	General Revenues 30,293,311
3	Municipal Police Training Academy
4	General Revenues 290,366
5	Federal Funds 399,095
6	Total - Municipal Police Training Academy 689,461
7	State Police
8	General Revenues 91,562,926
9	Federal Funds 5,474,011
10	Restricted Receipts 889,670
11	Other Funds
12	Airport Corporation Assistance 150,069
13	Road Construction Reimbursement 3,354,650
14	Weight and Measurement Reimbursement 510,198
15	Rhode Island Capital Plan Funds
16	DPS Asset Protection 2,053,000
17	Southern Barracks 10,465,719
18	Training Academy Upgrades 1,400,000
19	Statewide Communications System Network 249,754
20	Total - State Police 116,109,997
21	Grand Total - Public Safety 176,204,336
22	Office of Public Defender
23	General Revenues 15,407,864
24	Federal Funds 100,665
25	Grand Total - Office of Public Defender 15,508,529
26	Emergency Management Agency
27	General Revenues 5,138,562
28	Federal Funds 38,294,380
29	Restricted Receipts 406,774
30	Other Funds
31	Rhode Island Capital Plan Funds
32	RI Statewide Communications Network 1,494,400
33	RI Statewide Communications Network Tower 500,000
34	RI Statewide Communications Infrastructure 1,190,000
	LC000715 - Page 31 of 204
1	RI Statewide Communications 700 MHZ Project 2,776,375
2	RI Statewide Communications Warehouse 250,000
3	Grand Total - Emergency Management Agency 50,050,491
4	Environmental Management
5	Office of the Director
6	General Revenues 9,177,652
7	Of this general revenue amount, $50,000 is appropriated to the Conservation Districts and
8	$100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a
9	veterinarian at the Wildlife Clinic of Rhode Island.
10	Federal Funds 40,100
11	Restricted Receipts 4,428,201
12	Total - Office of the Director 13,645,953
13	Natural Resources
14	General Revenues 30,479,788
15	Federal Funds 19,812,255
16	Restricted Receipts 5,573,096
17	Other Funds
18	DOT Recreational Projects 762,000
19	Blackstone Bike Path Design 1,000,000
20	Rhode Island Capital Plan Funds
21	Dam Repair 311,500
22	Fort Adams Rehabilitation 300,000
23	Port of Galilee 8,523,702
24	Newport Pier Upgrades 1,000,000
25	Recreation Facility Asset Protection 750,000
26	Recreational Facilities Improvement 3,895,000
27	Natural Resources Office and Visitor's Center 250,000
28	Fish & Wildlife Maintenance Facilities 200,000
29	Marine Infrastructure/Pier Development 650,000
30	Total - Natural Resources 73,507,341
31	Environmental Protection
32	General Revenues 15,630,165
33	Federal Funds 10,885,928
34	Restricted Receipts 7,770,181
	LC000715 - Page 32 of 204
1	Other Funds
2	Transportation MOU 44,552
3	Total - Environmental Protection 34,330,826
4	Grand Total - Environmental Management 121,484,120
5	Coastal Resources Management Council
6	General Revenues 3,396,395
7	Federal Funds 2,264,374
8	Restricted Receipts 250,000
9	Grand Total - Coastal Resources Mgmt. Council 5,910,769
10	Transportation
11	Central Management
12	Federal Funds 15,010,567
13	Other Funds
14	Gasoline Tax 8,696,240
15	Total - Central Management 23,706,807
16	Management and Budget
17	Other Funds
18	Gasoline Tax 4,210,497
19	Infrastructure Engineering
20	Federal Funds 424,349,096
21	Restricted Receipts 6,210,256
22	Other Funds
23	Gasoline Tax 68,752,794
24	Toll Revenue 1,500,000
25	Land Sale Revenue 9,523,299
26	Rhode Island Capital Plan Funds
27	Highway Improvement Program 145,806,300
28	Bike Path Asset Protection 400,000
29	RIPTA - Land and Buildings 12,627,012
30	RIPTA - URI Mobility Hub 250,000
31	RIPTA – Pawtucket/Central Falls Bus Hub Passenger Facility 1,000,000
32	Total - Infrastructure Engineering 670,418,757
33	Infrastructure Maintenance
34	Other Funds
	LC000715 - Page 33 of 204
1	Gasoline Tax 21,018,371
2	Rhode Island Highway Maintenance Account 103,954,282
3	Rhode Island Capital Plan Funds
4	Maintenance Capital Equipment Replacement 1,800,000
5	Maintenance Facilities Improvements 500,000
6	Welcome Center 200,000
7	Salt Storage Facilities 1,080,000
8	Train Station Asset Protection 395,000
9	Total - Infrastructure Maintenance 128,947,653
10	Grand Total - Transportation 827,283,714
11	Statewide Totals
12	General Revenues 5,302,778,725
13	Federal Funds 5,526,017,996
14	Restricted Receipts 386,814,952
15	Other Funds 2,535,441,068
16	Statewide Grand Total 13,751,052,741
17	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
18	appropriation.
19	SECTION 3. Upon the transfer of any function of a department or agency to another
20	department or agency, the Governor is hereby authorized by means of executive order to transfer
21	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
22	thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when
23	the duties or administrative functions of government are designated by law to be performed within
24	a particular department or agency, no transfer of duties or functions and no re-allocation, in whole
25	or part, or appropriations and full-time equivalent positions to any other department or agency shall
26	be authorized.
27	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
28	required at the discretion of the Governor to fund expenditures for which appropriations may not
29	exist. Such contingency funds may also be used for expenditures in the several departments and
30	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
31	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
32	for the payment of bills incurred due to emergencies or to any offense against public peace and
33	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
34	amended. All expenditures and transfers from this account shall be approved by the Governor.
	LC000715 - Page 34 of 204
1	SECTION 5. The general assembly authorizes the state controller to establish the internal
2	service accounts shown below, and no other, to finance and account for the operations of state
3	agencies that provide services to other agencies, institutions and other governmental units on a cost
4	reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
5	a businesslike manner, promote efficient use of services by making agencies pay the full costs
6	associated with providing the services, and allocate the costs of central administrative services
7	across all fund types, so that federal and other non-general fund programs share in the costs of
8	general government support. The controller is authorized to reimburse these accounts for the cost
9	of work or services performed for any other department or agency subject to the following
10	expenditure limitations:
11	Account Expenditure Limit
12	State Assessed Fringe Benefit Internal Service Fund 37,390,672
13	Administration Central Utilities Internal Service Fund 39,364,206
14	State Central Mail Internal Service Fund 8,076,555
15	State Telecommunications Internal Service Fund 3,659,422
16	State Automotive Fleet Internal Service Fund 13,069,648
17	Surplus Property Internal Service Fund 44,789
18	Health Insurance Internal Service Fund 272,732,438
19	Other Post-Employment Benefits Fund 63,858,483
20	Capitol Police Internal Service Fund 1,411,825
21	Corrections Central Distribution Center Internal Service Fund 7,506,586
22	Correctional Industries Internal Service Fund 8,220,004
23	Secretary of State Record Center Internal Service Fund 1,175,426
24	Human Resources Internal Service Fund 17,117,623
25	DCAMM Facilities Internal Service Fund 61,150,543
26	Information Technology Internal Service Fund 56,136,183
27	SECTION 6. Legislative Intent - The General Assembly may provide a written "statement
28	of legislative intent" signed by the chairperson of the House Finance Committee and by the
29	chairperson of the Senate Finance Committee to show the intended purpose of the appropriations
30	contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the
31	House Finance Committee and in the Senate Finance Committee.
32	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
33	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
34	directors, shall notify in writing the chairperson of the House Finance Committee and the
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1	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
2	released or granted.
3	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
4	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds
5	required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund
6	and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2024.
7	SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated
8	pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed
9	for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2024.
10	SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
11	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of
12	paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2024.
13	SECTION 10. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated
14	to the Office of the General Treasurer designated funds received under the CollegeBoundSaver
15	program for transfer to the Division of Higher Education Assistance within the Office of the
16	Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,
17	2024.
18	SECTION 11. Departments and agencies listed below may not exceed the number of full-
19	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
20	not include limited period positions or, seasonal or intermittent positions whose scheduled period
21	of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
22	exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
23	do they include individuals engaged in training, the completion of which is a prerequisite of
24	employment. Provided, however, that the Governor or designee, Speaker of the House of
25	Representatives or designee, and the President of the Senate or designee may authorize an
26	adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
27	detailed written recommendation to the Governor, the Speaker of the House, and the President of
28	the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
29	chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,
30	and the Senate Fiscal Advisor.
31	State employees whose funding is from non-state general revenue funds that are time
32	limited shall receive limited term appointment with the term limited to the availability of non-state
33	general revenue funding source.
34	FY 2024 FTE POSITION AUTHORIZATION
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1	Departments and Agencies Full-Time Equivalent
2	Administration 674.7
3	Provided that no more than 429.5 of the total authorization would be limited to positions
4	that support internal service fund programs.
5	Business Regulation 181.0
6	Executive Office of Commerce 5.0
7	Department of Housing 38.0
8	Labor and Training 461.7
9	Revenue 575.5
10	Legislature 298.5
11	Office of the Lieutenant Governor 8.0
12	Office of the Secretary of State 59.0
13	Office of the General Treasurer 89.0
14	Board of Elections 13.0
15	Rhode Island Ethics Commission 12.0
16	Office of the Governor 45.0
17	Commission for Human Rights 15.0
18	Public Utilities Commission 54.0
19	Office of Health and Human Services 225.0
20	Children, Youth and Families 705.5
21	Health 556.4
22	Human Services 773.0
23	Office of Veterans Services 264.0
24	Office of Healthy Aging 31.0
25	Behavioral Healthcare, Developmental Disabilities and Hospitals 1,202.4
26	Office of the Child Advocate 10.0
27	Commission on the Deaf and Hard of Hearing 4.0
28	Governor’s Commission on Disabilities 5.0
29	Office of the Mental Health Advocate 6.0
30	Elementary and Secondary Education 147.1
31	School for the Deaf 60.0
32	Davies Career and Technical School 123.0
33	Office of Postsecondary Commissioner 45.0
	LC000715 - Page 37 of 204
1	Provided that 1.0 of the total authorization would be available only for positions that are
2	supported by third-party funds, 11.0 would be available only for positions at the State’s Higher
3	Education Centers located in Woonsocket and Westerly, 10.0 would be available only for positions
4	at the Nursing Education Center, and 7.0 would be available for the longitudinal data systems
5	program.
6	University of Rhode Island 2,551.0
7	Provided that 353.8 of the total authorization would be available only for positions that are
8	supported by third-party funds.
9	Rhode Island College 949.2
10	Provided that 76.0 of the total authorization would be available only for positions that are
11	supported by third-party funds.
12	Community College of Rhode Island 849.1
13	Provided that 89.0 of the total authorization would be available only for positions that are
14	supported by third-party funds.
15	Rhode Island State Council on the Arts 9.6
16	RI Atomic Energy Commission 8.6
17	Historical Preservation and Heritage Commission 15.6
18	Office of the Attorney General 249.1
19	Corrections 1,459.0
20	Judicial 739.3
21	Military Staff 93.0
22	Emergency Management Agency 35.0
23	Public Safety 632.2
24	Office of the Public Defender 102.0
25	Environmental Management 425.0
26	Coastal Resources Management Council 32.0
27	Transportation 755.0
28	Total 15,591.5
29	No agency or department may employ contracted employee services where contract
30	employees would work under state employee supervisors without determination of need by the
31	Director of Administration acting upon positive recommendations by the Budget Officer and the
32	Personnel Administrator and 15 days after a public hearing.
33	Nor may any agency or department contract for services replacing work done by state
34	employees at that time without determination of need by the Director of Administration acting upon
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1	the positive recommendations of the State Budget Officer and the Personnel Administrator and 30
2	days after a public hearing.
3	SECTION 12. The amounts reflected in this Article include the appropriation of Rhode
4	Island Capital Plan funds for fiscal year 2024 and supersede appropriations provided for FY 2024
5	within Section 12 of Article 1 of Chapter 231 of the P.L. of 2022.
6	The following amounts are hereby appropriated out of any money in the State’s Rhode
7	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
8	June 30, 2025, June 30, 2026, June 30, 2027, and June 30, 2028. These amounts supersede
9	appropriations provided within Section 12 of Article 1 of Chapter 231 of the P.L. of 2022.
10	For the purposes and functions hereinafter mentioned, the State Controller is hereby
11	authorized and directed to draw his or her orders upon the General Treasurer for the payment of
12	such sums and such portions thereof as may be required by him or her upon receipt of properly
13	authenticated vouchers.
14	FY Ending FY Ending FY Ending FY Ending
15	Project 06/30/2025 06/30/2026 06/30/2027 06/30/2028
16	DOA - 560 Jefferson Boulevard 1,100,000 50,000 50,000 50,000
17	DOA - Accessibility Facility Renovations 1,000,000 1,000,000 1,000,000 1,022,200
18	DOA - Arrigan Center 75,000 200,000 200,000 0
19	DOA - Big River Management Area 300,000 300,000 300,000 300,000
20	DOA - Cannon Building 4,125,000 4,025,000 0 0
21	DOA - Chapin Health Laboratory 350,000 0 0 0
22	DOA - Civic Center 2,100,000 2,300,000 2,300,000 1,850,000
23	DOA - Communities Facilities 70,000 70,000 70,000 75,000
24	DOA - Cranston Street Armory 3,250,000 1,600,000 100,000 100,000
25	DOA - Developmental Disability
26	Regional Facilities 1,100,000 1,100,000 1,100,000 1,125,000
27	DOA - DoIT Enterprise
28	Operations Center 2,050,000 1,050,000 50,000 50,000
29	DOA - Energy Efficiency Improvements 1,000,000 1,000,000 1,000,000 1,000,000
30	DOA - Environmental Compliance 200,000 200,000 200,000 200,000
31	DOA - Group Homes Asset Protection 1,350,00 1,350,00 1,350,000 1,380,000
32	DOA - Group Homes Fire Code 325,000 325,000 325,000 333,000
33	DOA - Hospital Reorganization 25,000,000 0 0 0
34	DOA - Medical Examiner’s Office 50,000 50,000 50,000 50,000
	LC000715 - Page 39 of 204
1	DOA - Mental Health Community Facilities 950,000 950,000 950,000 975,000
2	DOA - Old State House 100,000 100,000 100,000 100,000
3	DOA - Pastore Building
4	Demolition 1,000,000 1,000,000 1,000,000 1,000,000
5	DOA - Pastore Center Hospital
6	Buildings 4,500,000 2,500,000 500,000 500,000
7	DOA - Pastore Center
8	Non-Hospital Buildings 5,000,000 4,500,000 4,500,000 4,600,000
9	DOA - Pastore Campus Infrastructure 48,950,000 50,050,000 0 0
10	DOA - Pastore Power Plant
11	Rehabilitation 250,00 250,000 5,250,000 0
12	DOA - Replacement of Fuel Tanks 330,000 100,000 250,000 100,000
13	DOA - RI Convention Center Authority 3,340,500 2,500,000 2,500,000 2,500,000
14	DOA - Shepard Building Upgrades 250,000 0 0 0
15	DOA - Security Measures State Buildings 500,000 500,000 500,000 500,000
16	DOA - State House Renovations 18,529,000 17,379,000 17,379,000 16,000,000
17	DOA - State Office Building 100,000 100,000 100,000 100,000
18	DOA - State Office Reorganization and
19	Relocation 250,000 250,000 0 0
20	DOA - Statewide Facility Master Plan 200,000 200,000 200,000 200,000
21	DOA - Substance Abuse Group Homes 600,000 600,000 600,000 613,000
22	DOA - Veteran’s Auditorium 100,000 100,000 100,000 100,000
23	DOA - Washington County Government
24	Center 800,000 350,000 350,000 350,000
25	DOA - William Powers Building 2,400,000 2,200,000 2,000,000 2,040,000
26	DOA - Zambarano Buildings and Campus 4,740,000 2,850,000 250,000 1,800,000
27	DOA – Zambarano LTAC Hospital 26,185,740 26,065,740 23,804,439 24,427,656
28	DBR - Fire Academy Expansion 1,940,500 0 0 0
29	EOC - I-195 Redevelopment Commission 700,000 700,000 700,000 700,000
30	DCYF - Residential Treatment Facility 15,000,000 15,000,000 0 0
31	DCYF - Training School Asset Protection 250,000 250,000 250,000 255,000
32	DOH - Health Laboratories and Medical
33	Examiner Equipment 400,000 400,000 400,000 400,000
34	BHDDH - DD Residential Support 100,000 100,000 100,000 100,000
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1	BHDDH - Hospital Equipment 300,000 300,000 300,000 300,000
2	DHS - Blind Vending Facilities 165,000 165,000 165,000 165,000
3	DHS - Veterans’ Cemetery Asset Protection 250,000 300,000 250,000 0
4	DHS - Veterans’ Home Asset Protection 145,000 100,000 200,000 50,000
5	DHS - Veterans’ Home New Construction 260,000 1,050,000 1,025,000 1,025,000
6	ELSEC - Davies Career and Technical
7	School Asset Protection 500,000 500,000 500,000 511,000
8	ELSEC - Davies Career and Technical
9	School HVAC 50,000 50,000 50,000 50,000
10	ELSEC - Davies Career and Technical
11	School Wing Renovation 30,000,000 2,500,000 0 0
12	ELSEC - MET School Asset Protection 2,000,000 250,000 250,000 255,000
13	ELSEC - School for the Deaf 131,000 156,000 156,000 185,000
14	URI - Asset Protection 12,006,225 12,606,536 12,236,863 13,528,074
15	URI - Athletics Complex 15,000,000 13,300,000 0 0
16	URI - Fine Arts Center Renovation 8,000,000 0 0 0
17	URI - Fire Protection Academic Buildings 3,311,666 0 0 0
18	URI - Bay Campus 0 12,500,000 12,500,000 0
19	URI - Stormwater Management 2,221,831 2,221,831 0 0
20	RIC - Asset Protection 5,785,000 5,950,000 6,025,000 6,157,000
21	RIC - Infrastructure Modernization 5,675,000 5,675,000 5,675,000 5,925,000
22	RIC - Master Plan Phase III 5,000,000 0 0 0
23	CCRI - Asset Protection 2,719,452 2,719,452 2,719,452 2,780,000
24	CCRI - Data, Cabling, and
25	Power Infrastructure 3,700,000 4,650,000 0 0
26	CCRI - Flanagan Campus Renovations 5,000,000 1,500,000 0 0
27	CCRI - Renovation and Modernization 14,000,000 12,000,000 0 0
28	AEC - Atomic Energy Asset Protection 50,000 50,000 50,000 51,000
29	OAG -Building Renovations and Repairs 150,000 2,525,000 1,150,000 900,000
30	DOC - Asset Protection 4,100,000 4,100,000 4,100,000 4,100,000
31	Judiciary - Asset Protection 2,250,000 1,500,000 1,500,000 1,500,000
32	Judiciary - Garrahy Courthouse
33	Restoration 1,125,000 1,125,000 1,125,000 0
34	Judiciary - HVAC 500,000 500,000 500,000 500,000
	LC000715 - Page 41 of 204
1	Judiciary - Fan Coil Unit Replacements 500,000 500,000 750,000 850,000
2	Military Staff – Asset Protection 1,166,500 1,363,205 775,000 792,000
3	Military Staff - Aviation Readiness Center 1,599,115 0 0 0
4	Military Staff - Counter Drug
5	Training Facility 1,025,560 0 0 0
6	Military Staff - Quonset Airport
7	Runway Reconstruction 1,098,500 0 0 0
8	EMA - RI Statewide Communications
9	Network Infrastructure Upgrade 140,000 40,000 15,000 15,000
10	EMA - RI Statewide
11	Communications Network 1,494,400 1,494,400 1,494,400 1,494,400
12	DPS - Asset Protection 1,271,000 600,000 730,000 511,000
13	DPS - Southern Barracks 10,162,390 0 0 0
14	DPS - RISCON Microwave Replacement 249,754 249,754 0 0
15	DPS - Training Academy Upgrades 1,920,000 715,000 150,000 150,000
16	DEM - Dam Repair 3,565,000 2,515,000 1,165,000 1,015,000
17	DEM – Recreation Facility Asset Protection 750,000 750,000 750,000 765,000
18	DEM – Fish & Wildlife Facilities 200,000 200,000 200,000 200,000
19	DEM - Fort Adams Rehabilitation 300,000 300,000 300,000 300,000
20	DEM - Marine Infrastructure and
21	Pier Development 650,000 0 0 0
22	DEM - Port of Galilee 11,500,000 16,500,000 14,113,820 1,500,000
23	DEM - Natural Resources Offices
24	and Visitor's Center 2,500,000 2,000,000 0 0
25	DEM - Newport Pier Upgrades 1,000,000 0 0 0
26	DEM - Recreational Facilities
27	Improvement 5,229,077 2,600,000 3,338,551 3,260,000
28	CRMC - Confined Aquatic Dredged
29	Material Disposal Cells 20,600,000 0 0 0
30	DOT - Bike Path Asset Protection 400,000 400,000 400,000 400,000
31	DOT - Highway Improvement
32	Program 133,302,060 27,200,000 27,200,000 27,200,000
33	DOT - Maintenance
34	Capital Equipment Replacement 1,800,000 1,800,000 1,800,000 1,800,000
	LC000715 - Page 42 of 204
1	DOT - Maintenance Facility
2	Improvements 500,000 859,756 500,000 1,375,000
3	DOT - Salt Storage Facilities 1,150,000 1,150,000 1,150,000 1,500,000
4	DOT - Train Station Asset Protection 475,585 500,000 500,000 500,000
5	DOT - Welcome Center Improvements 150,000 150,000 150,000 150,000
6	DOT - RIPTA Land and Building
7	Enhancements 500,000 500,000 500,000 500,000
8	SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
9	Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
10	appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
11	purpose. However, any such reappropriations are subject to final approval by the General Assembly
12	as part of the supplemental appropriations act. Any unexpended funds of less than five hundred
13	dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
14	SECTION 14. For the Fiscal Year ending June 30, 2024, the Rhode Island Housing and
15	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support
16	of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the
17	amount of funding provided to this program, as well as information on the number of units of
18	housing provided as a result to the Director of Administration, the Chair of the Housing Resources
19	Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance
20	Committee and the State Budget Officer.
21	SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of
22	Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year
23	ending June 30, 2024, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of
24	the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax
25	revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode
26	Island General Laws), for the purposes of paying debt service on bonds, funding debt service
27	reserves, paying costs of infrastructure improvements in and around the ballpark district, arts
28	district, and the growth center district, funding future debt service on bonds, and funding a
29	redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island
30	General Laws.
31	SECTION 16. The appropriations from federal funds contained in Section 1 shall not be
32	construed to mean any federal funds or assistance appropriated, authorized, allocated or
33	apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects
34	Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2024
	LC000715 - Page 43 of 204
1	except for those instances specifically designated. Projected out-year expenditures for State Fiscal
2	Recovery Fund and Capital Projects Fund projects have been consolidated into appropriations for
3	the fiscal year ending June 30, 2024 to ensure the timely obligation of these funds to comply with
4	rules promulgated by the U.S. Department of the Treasury.
5	The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be
6	made in support of the following projects:
7	Federal Funds - State Fiscal Recovery Fund
8	Department of Administration (DOA)
9	DOA - Electric Heat Pump Grant Program. These funds shall support a grant program
10	within the office of energy resources to assist homeowners and small-to-mid-size business owners
11	with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on
12	families in environmental justice communities, minority-owned businesses, and community
13	organizations who otherwise cannot afford this technology. The office of energy resources shall
14	report to the Speaker of the House and Senate President no later than April 1 of each year the results
15	of this program, including but not limited to, the number of grants issued, amount of each grant and
16	the average grant amount, and the expected cumulative carbon emissions reductions associated
17	with heat pumps that received a grant.
18	DOA – Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic
19	Recovery Office established within the Department of Administration.
20	DOA - Public Health Response Warehouse Support. These funds shall be allocated to the
21	proper of PPE and other necessary COVID-19 response related supplies.
22	DOA - Auto-Enrollment Program. These funds shall support a program for automatically
23	enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19
24	public health emergency into qualified health plans to avoid gaps in coverage, administered by
25	HealthSource RI.
26	DOA – Municipal Roads Grant Program. These funds shall support a program for the
27	Rhode Island Infrastructure Bank to distribute grants to municipalities for the construction and
28	maintenance of roads, sidewalks, and bridges.
29	DOA – Woonsocket Public Safety Facility. These funds shall support building a public
30	safety facility in Woonsocket that houses fire headquarters, fire stations, emergency management,
31	dispatch, and police station and headquarters.
32	Department of Labor and Training (DLT)
	LC000715 - Page 44 of 204
1	DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program
2	in the development of job partnerships, connecting industry employers adversely impacted by the
3	pandemic to individuals enrolled in workforce training programs.
4	Executive Office of Commerce (EOC)
5	EOC - Destination Marketing. These funds shall be used for destination tourism marketing
6	in support of airline routes to T.F. Green Airport. The Commerce Corporation is required to supply
7	equivalent matching funds out of its portion of the state hotel tax.
8	EOC - Minority Business Accelerator. These funds shall support a program to invest
9	additional resources to enhance the growth of minority business enterprises as defined in chapter
10	14.1 of title 37. The initiative will support a range of assistance and programming, including
11	financial and technical assistance, entrepreneurship training, space for programming and co-
12	working, and assistance accessing low-interest loans. Commerce shall work with minority small
13	business associations, including the Rhode Island Black Business Association (RIBBA), to advance
14	this program.
15	EOC - South Quay Marine Terminal. These funds shall support the development of an
16	integrated and centralized hub of intermodal shipping designed to support the offshore wind
17	industry along memorial parkway in the East Providence waterfront special development district.
18	Funds may be used for design and development of the waterfront portion of the terminal into a
19	marine-industrial facility.
20	EOC - Bioscience Investments. $45 million shall support a program to invest in the
21	biosciences industry in Rhode Island. This program will include, but is not limited to, the
22	development of one or more wet lab incubator spaces in collaboration with industry partners; the
23	creation of a fund that will support wrap-around services to aid in the commercialization of
24	technology and business development, growth of the biosciences talent pipeline, and support two
25	full-time Commerce Corporation staff to implement the biosciences investments initiative.
26	EOC – Small Business Assistance. This project totals $36,672,000 over multiple fiscal
27	years, $5,000,000 of which is appropriated in Section 1 of this article. Of this total project amount,
28	thirty-two million dollars ($32,000,000) shall be allocated to a program of financial and technical
29	assistance to small businesses and COVID-impacted industries as follows: twelve million five
30	hundred thousand dollars ($12,500,000) shall be provided as direct payments to businesses for lost
31	revenue, ten million five hundred thousand dollars ($10,500,000) shall support technical assistance
32	for long-term business capacity building, seven million five hundred thousand dollars
33	($12,500,000) shall support public health upgrades, energy efficiency improvements, and outdoor
34	programming, and one million five hundred thousand dollars ($1,500,000) shall be allocated to
	LC000715 - Page 45 of 204
1	support administration of these programs. To be eligible to receive funds or support under this
2	program a business must have less than two million dollars ($2,000,000) in annual gross revenues
3	and demonstrate a negative impact from the COVID-19 pandemic as determined by the Rhode
4	Island Commerce Corporation. Under this program, total support in the form of direct payments,
5	or technical assistance grants shall not exceed ten thousand dollars ($10,000) per eligible business
6	through either program. Total support in the form of direct payments, technical assistance, and
7	grants for public health upgrades, energy efficiency and outdoor programming shall not exceed
8	thirty thousand dollars ($30,000) in the aggregate. Provided further that at least twenty percent
9	(20%) of all funds must be reserved for awards to assist minority business enterprises as defined in
10	chapter 14.1 of title 37.
11	Department of Housing
12	Housing- Development of Affordable Housing. These funds shall expand a program at the
13	Rhode Island housing and mortgage finance corporation to provide additional investments in the
14	development of affordable housing units in conjunction with general obligation bond funds and
15	other sources of available financing according to guidelines approved by the Coordinating
16	Committee of the Housing Resources Commission. Of this amount, ten million ($10,000,000) shall
17	be available to Rhode Island housing and mortgage finance corporation to establish a pilot program
18	that shall direct funds to support low income public housing through project-based rental assistance
19	vouchers and financing for pre-development, improvement, and housing production costs. Within
20	eighteen (18) months, any money available for the pilot that is not yet allocated to viable projects,
21	or which has been awarded to public housing authorities which are unable to demonstrate
22	substantial completion of all work within eighteen (18) months of receipt of any such funds, shall
23	be returned to this program and no longer be included in the pilot. Determination of viability and
24	substantial completion under the pilot shall be at the sole discretion of the deputy secretary of
25	commerce for housing.
26	Housing - Site Acquisition. These funds shall be allocated to the Rhode Island housing and
27	mortgage finance corporation toward the acquisition of properties for redevelopment as affordable
28	and supportive housing to finance projects that include requirements for deed restrictions not less
29	than thirty (30) years, and a non-recourse structure.
30	Housing - Down Payment Assistance. Administered by the Rhode Island housing and
31	mortgage finance corporation, these funds shall be allocated to a program to provide down payment
32	assistance to eligible first-time home buyers to promote homeownership.
	LC000715 - Page 46 of 204
1	Housing - Workforce Housing. These funds shall be allocated to the Rhode Island housing
2	and mortgage finance corporation to support a program to increase the housing supply for families
3	earning up to 120 percent of area median income.
4	Housing - Affordable Housing Predevelopment Program. These funds shall be allocated to
5	the Rhode Island housing mortgage finance corporation to support predevelopment work, for
6	proposed affordable housing developments to build a pipeline of new projects and build the
7	capacity of affordable housing developers in the state to expand affordable housing production.
8	Housing - Home Repair and Community Revitalization. These funds shall expand the
9	acquisition and revitalization program administered by the Rhode Island housing and mortgage
10	finance corporation to finance the acquisition and redevelopment of blighted properties to increase
11	the number of commercial and community spaces in disproportionately impacted communities and
12	or to increase the development of affordable housing. Residential development will serve
13	households earning no more than 80 percent of area median income. Commercial and community
14	spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the
15	residents are low-and moderate-income persons. The program will also support critical home
16	repairs within the same communities.
17	Housing - Predevelopment and Capacity Building. These funds shall support a program to
18	increase contract staffing capacity to administer proposed affordable housing projects. These funds
19	will support research and data analysis, stakeholder engagement, and the expansion of services for
20	people experiencing homelessness.
21	Housing - Homelessness Assistance Program. These funds shall support a program to
22	expand housing navigation, behavioral health, and stabilization services to address pandemic-
23	related homelessness. The program will support both operating subsidies for extremely low-income
24	housing units and services for people transitioning from homelessness to housing, including
25	individuals transitioning out of the adult correctional institutions.
26	Housing - Homelessness Infrastructure. These funds shall be used to support a program to
27	respond to and prevent homelessness, including but not limited to, acquisition or construction of
28	temporary or permanent shelter and other housing solutions and stabilization programs, of which
29	ten million ($10,000,000) shall support Crossroads Rhode Island sponsored housing development-
30	based and/or housing- based solutions, wrap-around services and administrative costs of
31	implementation.
32	Quonset Development Corporation (QDC)
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1	QDC - Port of Davisville. These funds shall be allocated to expand a program developing
2	port infrastructure and services at the Port of Davisville in Quonset in accordance with the
3	corporation’s master plan.
4	Department of Children, Youth and Families (DCYF)
5	DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to
6	provide financial assistance to foster families for lead remediation and fire suppression upgrades.
7	Department of Health (DOH)
8	DOH – COVID-19 Operational Support. These funds shall be allocated to continue
9	COVID- 19 mitigation activities at the department of health and to address the public health impacts
10	of the pandemic in Rhode Island.
11	Department of Human Services (DHS)
12	DHS - Child Care Support. To address the adverse impact the pandemic has had on the
13	child care sector, the funds allocated to this program will provide retention bonuses for direct care
14	staff at child care centers and licensed family providers in response to pandemic-related staffing
15	shortages and start up and technical assistance grants for family child care providers. Retention
16	bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.
17	The director of the department of human services and the director of the department of children,
18	youth and families may waive any fees otherwise assessed upon child care provider applicants who
19	have been awarded the family child care provider incentive grant. The allocation to this program
20	will also support quality improvements, the creation of a workforce registry and additional funds
21	for educational opportunities for direct care staff.
22	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
23	(BHDDH)
24	BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-
25	health related calls reported by police departments, these funds shall be allocated to the crisis
26	intervention training program to provide training every three years for law enforcement as well as
27	continuing education opportunities.
28	BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline
29	to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal
30	Communications Commission-adopted rules to assure that all citizens receive a consistent level of
31	9-8-8 and crisis behavioral health services.
32	Rhode Island Department of Elementary and Secondary Education (ELSEC)
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1	RIDE - Adult Education Providers. These funds shall be directly distributed through the
2	Office of Adult Education to nonprofit adult education providers to expand access to educational
3	programs and literary services.
4	RIDE – Out of School Time Education Providers. These funds shall be directly distributed
5	through the Office of Student, Community and Academic Supports to expand access to educational
6	programs.
7	Office of the Postsecondary Commissioner
8	OPC – RI Reconnect. These funds shall support a program to improve postsecondary
9	degree and credential attainment among working-age Rhode Islanders. The program will assist
10	students in addressing barriers to education completion, particularly among communities of color
11	and lower socio-economic strata.
12	Department of Public Safety (DPS)
13	DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest
14	in the nonprofit community to provide additional housing, clinical and mental health services to
15	victims of domestic violence and sexual assault. This includes increased investments for therapy
16	and counseling, housing assistance, job training, relocation aid and case management.
17	Federal Funds - Capital Projects Fund
18	Department of Administration (DOA)
19	DOA - CPF Administration. These funds shall be allocated to the department of
20	administration to oversee the implementation of the Capital Projects Fund award from the
21	American Rescue Plan Act.
22	DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated
23	to a matching fund program for cities and towns that renovate or build a community wellness center
24	that meets the work, education and health monitoring requirements identified by the U.S.
25	Department of the Treasury.
26	DOA - RIC Student Services Center. These funds shall support the development of a
27	centralized hub at Rhode Island College, where students can complete essential tasks.
28	Executive Office of Commerce (EOC)
29	EOC - Broadband. These funds shall be allocated to the executive office of commerce to
30	invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The
31	secretary of commerce, in partnership with the director of business regulation, will run a series of
32	requests for proposals for broadband infrastructure projects, providing funds to municipalities,
33	public housing authorities, business cooperatives and local internet service providers for projects
34	targeted at those unserved and underserved by the current infrastructure as defined by national
	LC000715 - Page 49 of 204
1	telecommunications and information administration standards. This investment shall be used to
2	augment or provide a match for federal funds for broadband investment made available through the
3	Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide
4	broadband strategic plan and may not be obligated nor expended prior to its submission in
5	accordance with the requirements of the Rhode Island Broadband Development Program set forth
6	in Chapter 42-162.
7	SECTION 17. Reappropriation of Funding for State Fiscal Recovery Fund and Capital
8	Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered
9	federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be
10	reappropriated in the ensuing fiscal year and made available for the same purposes. However, any
11	such reappropriations are subject to final approval by the General Assembly as part of the
12	supplemental appropriations act.
13	SECTION 18. State Fiscal Recovery Fund and Capital Projects Fund Compliance and
14	Reporting. The pandemic recovery office shall be established within the department of
15	administration to oversee all programs financed by the State Fiscal Recovery Fund or Capital
16	Projects Fund to ensure compliance with the rules, regulations, and other guidance issued by the
17	U.S. Department of the Treasury in accordance with the provisions of Section 9901, Subsections
18	602 and 604 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2. The pandemic recovery
19	office shall be responsible for submission of all reports required by the U.S. Department of the
20	Treasury for the State Fiscal Recovery Fund and Capital Projects Fund.
21	In consultation with the pandemic recovery office, the budget officer shall establish an
22	allotment system such that distributions of State Fiscal Recovery Fund and Capital Projects Fund
23	shall be made contingent upon recipients’ compliance with all state and federal rules, regulations,
24	and guidance.
25	SECTION 19. Notwithstanding any general laws to the contrary, the State Controller shall
26	transfer $55,000,000 to the Supplemental State Budget Reserve Account by July 14, 2023.
27	SECTION 20. Notwithstanding any general laws to the contrary, the State Controller shall
28	transfer $79,060,000 from the Information Technology Restricted Receipt Account to the Large
29	Systems Initiatives Fund by July 14, 2023.
30	SECTION 21. This article shall take effect as of July 1, 2023, except as otherwise provided
31	herein.
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1	ARTICLE 2
2	RELATING TO STATE FUNDS
3	SECTION 1. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records”
4	is hereby amended to read as follows:
5	23-3-25. Fees for copies and searches.
6	(a) The state registrar shall charge fees for searches and copies as follows:
7	(1) For a search of two (2) consecutive calendar years under one name and for issuance of
8	a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or
9	a certification that the record cannot be found, and each duplicate copy of a certificate or
10	certification issued at the same time, the fee is as set forth in § 23-1-54.
11	(2) For each additional calendar year search, if applied for at the same time or within three
12	(3) months of the original request and if proof of payment for the basic search is submitted, the fee
13	is as set forth in § 23-1-54.
14	(3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54.
15	(4) For processing of adoptions, legitimations, or paternity determinations as specified in
16	§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54.
17	(5) For making authorized corrections, alterations, and additions, the fee is as set forth in
18	§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and
19	additions on records filed before one year of the date on which the event recorded has occurred.
20	(6) For examination of documentary proof and the filing of a delayed record, there is a fee
21	as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of
22	a certified copy of a delayed record.
23	(b) Fees collected under this section by the state registrar shall be deposited in the general
24	fund of this state, according to the procedures established by the state treasurer.
25	(c) The local registrar shall charge fees for searches and copies of records as follows:
26	(1) For a search of two (2) consecutive calendar years under one name and for issuance of
27	a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a
28	certification of birth or a certification that the record cannot be found, the fee is twenty dollars
29	($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is
30	fifteen dollars ($15.00).
31	(2) For each additional calendar year search, if applied for at the same time or within three
32	(3) months of the original request and if proof of payment for the basic search is submitted, the fee
33	is two dollars ($2.00).
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1	(d) Fees collected under this section by the local registrar shall be deposited in the city or
2	town treasury according to the procedures established by the city or town treasurer except that six
3	dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the
4	general fund of this state.
5	(e) To acquire, maintain, and operate an electronic statewide registration system (ESRS),
6	the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified
7	records request, no more than three dollars ($3.00) for each duplicate certified record, and no more
8	than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record
9	requested for a local registrar. Notwithstanding the provisions of subsection (d), any such
10	surcharges collected by the local registrar shall be submitted to the state registrar. Any funds
11	collected from the surcharges listed above shall be deposited into the information technology
12	investment fund (ITIF) information technology restricted receipt account (ITRR account)
13	established pursuant to § 42-11-2.5(a).
14	SECTION 2. Section 31-2-27 of the General Laws in Chapter 31-2 entitled “Division of
15	Motor Vehicles” is hereby amended to read as follows:
16	31-2-27. Technology surcharge fee.
17	(a) The division of motor vehicles shall collect a technology surcharge fee of two dollars
18	and fifty cents ($2.50) per transaction for every division of motor vehicles’ fee transaction, except
19	as otherwise provided by law and provided no surcharge fee is assessed on motor vehicle inspection
20	transactions conducted pursuant to § 31-38-4. One dollar and fifty cents ($1.50) of each two dollars
21	and fifty cents ($2.50) collected pursuant to this section shall be deposited into the information
22	technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-
23	11-2.5(a) and shall be used for project-related payments and/or ongoing maintenance of and
24	enhancements to the division of motor vehicles’ computer system and to reimburse the information
25	technology investment fund for advances made to cover project-related payments. The remaining
26	one dollar ($1.00) shall be deposited into a restricted-receipt account managed by the division of
27	motor vehicles and restricted to the project-related payments and/or ongoing maintenance of and
28	enhancements to the division of motor vehicles’ computer system.
29	(b) [Deleted by P.L. 2019, ch. 88, art. 7, § 1].
30	(c) Beginning July 1, 2022, the full two dollars and fifty cents ($2.50) shall be deposited
31	into the division of motor vehicles restricted account and restricted to the project-related payments
32	and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer
33	system.
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1	SECTION 3. Chapter 35-3-20 of the General Laws entitled "State Budget" is hereby
2	amended by adding thereto the following section:
3	35-3-20.2. Supplemental state budget reserve account.
4	(a) There is hereby created within the general fund a supplemental state budget reserve
5	account, which shall be administered by the state controller and which shall be used solely for the
6	purpose of providing such sums as may be appropriated to fund any unanticipated general revenue
7	deficit caused by a general revenue shortfall.
8	(b) At any time after the third quarter of a fiscal year that it is indicated that total resources
9	which are defined to be the aggregate of estimated general revenue, general revenue receivables,
10	and available free surplus in the general fund will be less than the estimates upon which current
11	appropriations were based, the general assembly may make appropriations from the supplemental
12	state budget reserve account for the difference between the estimated total resources and the
13	original estimates upon which enacted appropriations were based, but only in the amount of the
14	difference based upon the revenues projected at the latest state revenue estimating conference
15	pursuant to chapter 16 of this title as reported by the chairperson of that conference.
16	(c) Whenever a transfer has been made pursuant to subsection (b), that transfer shall be
17	considered as estimated general revenues for the purposes of determining the amount to be
18	transferred to the Rhode Island Capital Plan fund for the purposes of § 35-3-20.1(b).
19	(d) The supplemental state budget reserve account shall consist of such sums as the state
20	may from time to time directly transfer to the account as authorized in law.
21	SECTION 4. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”
22	is hereby amended to read as follows:
23	35-4-27. Indirect cost recoveries on restricted receipt accounts.
24	Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all
25	restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there
26	shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions
27	from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on
28	federal grant funds; or (3) Through transfers from state agencies to the department of administration
29	for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,
30	unless prohibited by federal law or regulation, court order, or court settlement. The following
31	restricted receipt accounts shall not be subject to the provisions of this section:
32	Executive Office of Health and Human Services
33	Organ Transplant Fund
34	HIV Care Grant Drug Rebates
	LC000715 - Page 53 of 204
1	Health System Transformation Project
2	Rhode Island Statewide Opioid Abatement Account
3	HCBS Support-ARPA
4	HCBS Admin Support-ARPA
5	Department of Human Services
6	Veterans’ home — Restricted account
7	Veterans’ home — Resident benefits
8	Pharmaceutical Rebates Account
9	Demand Side Management Grants
10	Veteran’s Cemetery Memorial Fund
11	Donations — New Veterans’ Home Construction
12	Department of Health
13	Pandemic medications and equipment account
14	Miscellaneous Donations/Grants from Non-Profits
15	State Loan Repayment Match
16	Healthcare Information Technology
17	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
18	Eleanor Slater non-Medicaid third-party payor account
19	Hospital Medicare Part D Receipts
20	RICLAS Group Home Operations
21	Commission on the Deaf and Hard of Hearing
22	Emergency and public communication access account
23	Department of Environmental Management
24	National heritage revolving fund
25	Environmental response fund II
26	Underground storage tanks registration fees
27	De Coppet Estate Fund
28	Rhode Island Historical Preservation and Heritage Commission
29	Historic preservation revolving loan fund
30	Historic Preservation loan fund — Interest revenue
31	Department of Public Safety
32	E-911 Uniform Emergency Telephone System
33	Forfeited property — Retained
34	Forfeitures — Federal
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1	Forfeited property — Gambling
2	Donation — Polygraph and Law Enforcement Training
3	Rhode Island State Firefighter’s League Training Account
4	Fire Academy Training Fees Account
5	Attorney General
6	Forfeiture of property
7	Federal forfeitures
8	Attorney General multi-state account
9	Forfeited property — Gambling
10	Department of Administration
11	OER Reconciliation Funding
12	Health Insurance Market Integrity Fund
13	RI Health Benefits Exchange
14	Information Technology Investment Fund restricted receipt account
15	Restore and replacement — Insurance coverage
16	Convention Center Authority rental payments
17	Investment Receipts — TANS
18	OPEB System Restricted Receipt Account
19	Car Rental Tax/Surcharge-Warwick Share
20	Grants Management Administration
21	Executive Climate Change Coordinating Council Projects
22	Executive Office of Commerce
23	Housing Resources Commission Restricted Account
24	Housing Production Fund
25	Department of Revenue
26	DMV Modernization Project
27	Jobs Tax Credit Redemption Fund
28	Legislature
29	Audit of federal assisted programs
30	Department of Children, Youth and Families
31	Children’s Trust Accounts — SSI
32	Military Staff
33	RI Military Family Relief Fund
34	RI National Guard Counterdrug Program
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1	Treasury
2	Admin. Expenses — State Retirement System
3	Retirement — Treasury Investment Options
4	Defined Contribution — Administration - RR
5	Violent Crimes Compensation — Refunds
6	Treasury Research Fellowship
7	Business Regulation
8	Banking Division Reimbursement Account
9	Office of the Health Insurance Commissioner Reimbursement Account
10	Securities Division Reimbursement Account
11	Commercial Licensing and Racing and Athletics Division Reimbursement Account
12	Insurance Division Reimbursement Account
13	Historic Preservation Tax Credit Account
14	Marijuana Trust Fund
15	Social Equity Assistance Fund
16	Judiciary
17	Arbitration Fund Restricted Receipt Account
18	Third-Party Grants
19	RI Judiciary Technology Surcharge Account
20	Department of Elementary and Secondary Education
21	Statewide Student Transportation Services Account
22	School for the Deaf Fee-for-Service Account
23	School for the Deaf — School Breakfast and Lunch Program
24	Davies Career and Technical School Local Education Aid Account
25	Davies — National School Breakfast & Lunch Program
26	School Construction Services
27	Office of the Postsecondary Commissioner
28	Higher Education and Industry Center
29	IGT STEM Scholarships
30	Department of Labor and Training
31	Job Development Fund
32	Rhode Island Council on the Arts
33	Governors’ Portrait Donation Fund
34	Statewide records management system account
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1	SECTION 5. Section 37-2-12 of the General Laws in Chapter 37-2 entitled “State
2	Purchases Act” is hereby amended to read as follows:
3	37-2-12. Centralization of the procurement authority.
4	(a) All rights, powers, duties, and authority relating to the procurement of supplies,
5	services, and construction, and the management, control, warehousing, sale, and disposal of
6	supplies, services, and construction now vested in or exercised by any state agency under the
7	several statutes relating thereto are hereby transferred to the chief purchasing officer as provided
8	in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the
9	centralized purchasing of the state but the public agency, through its existing internal purchasing
10	function, shall adhere to the general principles, policies and practices set forth in this chapter.
11	(b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and
12	collect from state contractors, listed on master-price agreements, a statewide contract
13	administrative fee not to exceed one percent (1%) of the total value of the annual spend against a
14	contract awarded to a state contractor. All statewide contract administrative fees collected pursuant
15	to this subsection shall be deposited into a restricted-receipt account within the general fund
16	designated as the “division of purchases administrative-fee account” and shall be used for the
17	purposes of implementing technology for the submission and processing of bids, online vendor
18	registration, bid notification, and other costs related to state procurement. On or before January 15,
19	2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall
20	file a report with the governor, the speaker of the house, and the president of the senate detailing:
21	(i) The total amount of funds collected and deposited into the division of purchases
22	administrative-fee account for the most recently completed fiscal year;
23	(ii) The account balance as of the date of the report;
24	(iii) An itemization of all expenditures and other uses of said funds from said account for
25	the most recently completed fiscal year; and
26	(iv) An annual evaluation as to the appropriateness of the amount of the contract
27	administrative fee on master-price agreements.
28	(c) Subject to the approval of the director of the department of administration, the state
29	controller is authorized to offset any currently recorded outstanding liability on the part of
30	developmental disability organizations (DDOs) to repay previously authorized startup capital
31	advances against the proceeds from the sale of group homes within a fiscal year prior to any sale
32	proceeds being deposited into the information technology investment fund restricted receipt
33	account established pursuant to § 42-11-2.5(a).
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1	SECTION 6. Section 37-7-15 of the General Laws in Chapter 37-7 entitled “Management
2	and Disposal of Property” is hereby amended to read as follows:
3	37-7-15. Sale of state-owned land, buildings and improvements thereon and other real
4	property.
5	(a) Total annual proceeds from the sale of any land and the buildings and improvements
6	thereon, and other real property, title to which is vested in the state of Rhode Island or title to which
7	will be vested in the state upon completion of any condemnation or other proceedings, shall be
8	transferred to the information technology restricted receipt account (ITRR account) and made
9	available for the purposes outlined in § 42-11-2.5(a), unless otherwise prohibited by federal law.
10	(b) Provided, however, this shall not include proceeds from the sale of any land and the
11	buildings and improvements thereon that will be created by the relocation of interstate route 195,
12	which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified
13	in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis”
14	prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain
15	tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode
16	Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195,
17	Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1”
18	(c) Subject to the approval of the director of the department of administration, the state
19	controller is authorized to offset any currently recorded outstanding liability on the part of
20	developmental disability organizations (DDOs) to repay previously authorized startup capital
21	advances against the proceeds from the sale of group homes within a fiscal year prior to any sale
22	proceeds being deposited into the information technology investment fund.
23	SECTION 7. Section. 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled
24	"Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows:
25	39-18.1-4. Rhode Island highway maintenance account created.
26	(a) There is hereby created a special account in the intermodal surface transportation fund
27	as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.
28	(b) The fund shall consist of all those moneys that the state may, from time to time, direct
29	to the fund, including, but not necessarily limited to, moneys derived from the following sources:
30	(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than
31	those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid
32	by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each
33	subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)
34	each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30,
	LC000715 - Page 58 of 204
1	2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00)
2	from July 1, 2015, through June 30, 2016, and each year thereafter.
3	(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be
4	as set forth below and shall be paid in full in order to register the vehicle or truck and upon each
5	subsequent renewal:
6	Plate Type Surcharge
7	Antique $5.00
8	Farm $10.00
9	Motorcycle $13.00
10	(ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration
11	amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;
12	(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than
13	those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks
14	subject to annual registration, to be paid annually by each vehicle or truck owner in order to register
15	that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be
16	phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00)
17	from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30,
18	2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year
19	thereafter.
20	(i) For registrations of the following plate types, the surcharge shall be as set forth below
21	and shall be paid in full in order to register the plate, and upon each subsequent renewal:
22	Plate Type Surcharge
23	Boat Dealer $6.25
24	Cycle Dealer $6.25
25	In-transit $5.00
26	Manufacturer $5.00
27	New Car Dealer $5.00
28	Used Car Dealer $5.00
29	Racer Tow $5.00
30	Transporter $5.00
31	Bailee $5.00
32	(ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration
33	amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.
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1	(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars
2	and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five
3	cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50)
4	from July 1, 2014, through June 30, 2015, and each year thereafter;
5	(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor
6	vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge
7	will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars
8	($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014,
9	through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and
10	each year thereafter. In the event that a license is issued or renewed for a period of less than five
11	(5) years, the surcharge will be prorated according to the period of time the license will be valid;
12	(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,
13	except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode
14	Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees
15	be transferred as follows:
16	(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;
17	(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;
18	(iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and
19	(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be
20	deposited;
21	(5) All remaining funds from previous general obligation bond issues that have not
22	otherwise been allocated.
23	(c) Effective July 1, 2019, ninety-five percent (95%) of all funds collected pursuant to this
24	section shall be deposited in the Rhode Island highway maintenance account and shall be used only
25	for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues
26	to partially offset cost of collections
27	(d) Unexpended balances and any earnings thereon shall not revert to the general fund but
28	shall remain in the Rhode Island highway maintenance account. There shall be no requirement that
29	monies received into the Rhode Island highway maintenance account during any given calendar
30	year or fiscal year be expended during the same calendar year or fiscal year.
31	(e) The Rhode Island highway maintenance account shall be administered by the director,
32	who shall allocate and spend monies from the fund only in accordance with the purposes and
33	procedures set forth in this chapter.
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1	SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911
2	Emergency Telephone Number Act” is hereby amended to read as follows:
3	39-21.1-14. E-911 surcharge and first response surcharge.
4	(a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence
5	and business telephone line or trunk, or path and data, telephony, internet, voice over internet
6	protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex
7	equivalent trunks and each line or trunk serving, and upon each user interface number or extension
8	number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not
9	exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private
10	branch exchange, or connecting to or from a customer-based or dedicated telephone switch site
11	(such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a
12	customer-based or dedicated central office (such as, but not exclusive of, a centrex system but
13	exclusive of trunks and lines provided to wireless communication companies) that can access to,
14	connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI
15	E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall
16	also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by
17	each telecommunication services provider at the inception of services and shall be payable to the
18	telecommunication services provider by the subscriber of the services.
19	(2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless
20	instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet
21	protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any
22	other wireless instrument, device, or means that has access to, connects with, or activates or
23	interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each
24	instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly
25	first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each
26	telecommunication services provider and shall be payable to the telecommunication services
27	provider by the subscriber. Prepaid wireless telecommunications services shall not be included in
28	this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone
29	system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the
30	general body of ratepayers this surcharge.
31	(b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18
32	of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of
33	computing the tax under chapter 13 of title 44.
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1	(c) Each telephone common carrier and each telecommunication services provider shall
2	establish a special account to which it shall deposit on a monthly basis the amounts collected as
3	surcharges under this section.
4	(d) The money collected by each telecommunication services provider shall be transferred
5	within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice
6	over internet protocol (VoIP), satellite, computer, internet, or communications services in this state
7	and every month thereafter, to the division of taxation, together with the accrued interest. The E-
8	911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of
9	the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in
10	the general fund; provided, however, that ten percent (10%) of the money collected from the first
11	response surcharge shall be deposited in the information technology investment fund restricted
12	receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred
13	in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from
14	the date the money should have been transferred.
15	(e) Every billed subscriber-user shall be liable for any surcharge imposed under this section
16	until it has been paid to the telephone common carrier or telecommunication services provider. Any
17	surcharge shall be added to and shall be stated separately in the billing by the telephone common
18	carrier or telecommunication services provider and shall be collected by the telephone common
19	carrier or telecommunication services provider.
20	(f) Each telephone common carrier and telecommunication services provider shall annually
21	provide the E-911 uniform emergency telephone system division, or any other agency that may
22	replace it, with a list of amounts uncollected, together with the names and addresses of its
23	subscriber-users who can be determined by the telephone common carrier or telecommunication
24	services provider to have not paid the E-911 surcharge.
25	(g) Included within, but not limited to, the purposes for which the money collected from
26	the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction,
27	maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform
28	emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition,
29	upgrade, or modification of PSAP equipment to be capable of receiving E-911 information,
30	including necessary computer hardware, software, and database provisioning, addressing, and non-
31	recurring costs of establishing emergency services; network development, operation, and
32	maintenance; database development, operation, and maintenance; on-premise equipment
33	maintenance and operation; training emergency service personnel regarding use of E-911;
34	educating consumers regarding the operations, limitations, role, and responsible use of E-911;
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1	reimbursement to telephone common carriers or telecommunication services providers of rates or
2	recurring costs associated with any services, operation, administration, or maintenance of E-911
3	services as approved by the division; reimbursement to telecommunication services providers or
4	telephone common carriers of other costs associated with providing E-911 services, including the
5	cost of the design, development, and implementation of equipment or software necessary to provide
6	E-911 service information to PSAPs, as approved by the division.
7	(h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]
8	(i) Nothing in this section shall be construed to constitute rate regulation of wireless
9	communication services carriers, nor shall this section be construed to prohibit wireless
10	communication services carriers from charging subscribers for any wireless service or feature.
11	(j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]
12	SECTION 9. Sections 42-11-2.5, 42-11-2.6, 42-11-2.8 of the General Laws in Chapter 42-
13	11 entitled “Department of Administration” are hereby amended to read as follows:
14	42-11-2.5. Information technology investment fund. restricted receipt account and
15	large systems initiatives fund.
16	(a) All sums from the sale of any land and the buildings and improvements thereon, and
17	other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-
18	7-15(c), shall be transferred to an information technology investment fund restricted-receipt
19	account (ITRR account) that is hereby established. This fund ITRR account shall consist of such
20	sums from the sale of any land and the buildings and improvements thereon, and other real property,
21	title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as
22	a share of first response surcharge revenues collected under the provisions of § 39-21.1-14. This
23	fund ITRR account may also consist of such sums as the state may from time to time appropriate;
24	as well as money received from the disposal of information technology equipmenthardware, loan,
25	interest, and service charge payments from benefiting state agencies; as well as interest earnings,
26	money received from the federal government, gifts, bequest, donations, or otherwise from any
27	public or private source. Any such funds shall be exempt from the indirect cost recovery provisions
28	of § 35-4-27.
29	(b) (1) This fund ITRR account shall be used for the purpose of acquiring information
30	technology improvements, including, but not limited to: hardware, software, consulting services,
31	and ongoing maintenance and upgrade contracts for state departments and agencies.
32	(c) (2) The division of enterprise technology strategy and service of the Rhode Island
33	department of administration shall adopt rules and regulations consistent with the purposes of this
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1	chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement
2	of funds from this ITRR account.
3	(d)(3) For all requests for proposals that are issued for information technology projects, a
4	corresponding information technology project manager shall be assigned.
5	(b) There is also hereby established a special fund to be known as the large systems
6	initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered
7	by the chief information officer within the department of administration for the purpose of
8	implementing and maintaining enterprise-wide software projects for executive branch departments.
9	The LSI fund shall consist of such sums as the state may from time to time directly appropriate to
10	the LSI fund.
11	(c) In the event that a project falls both within the purposes stated above for the ITRR
12	account and the LSI fund, the chief digital officer for the division of enterprise technology strategy
13	and service, or his or her designee, may determine the funding allocation between the ITRR and
14	the LSI fund.
15	42-11-2.6. Office of Digital Excellence established.
16	(a) Within the department, division of enterprise technology strategy and services, there
17	shall be established the Office of Digital Excellence. The purposes of the office shall be to move
18	Rhode Island state government into the 21st century through the incorporation of innovation and
19	modern digital capabilities throughout state government and to leverage technology to expand and
20	improve the quality of services provided to Rhode Island citizens; to promote greater access to
21	government and the internet throughout cities and towns; and to position Rhode Island as a national
22	leader in e-government.
23	(b) Within the office, there shall be a chief digital officer who shall be appointed by the
24	director of administration with the approval of the governor and who shall be in the unclassified
25	service. The chief digital officer shall report to the director of administration and be required to:
26	(1) Manage the implementation of all new and mission-critical technology infrastructure
27	projects and upgrades for state agencies. The division of enterprise technology strategy and
28	services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day
29	operations of the state’s technology infrastructure, telecommunications, and associated
30	applications;
31	(2) Increase the number of government services that can be provided online in order to
32	allow residents and businesses to complete transactions in a more efficient and transparent manner;
33	(3) Improve the state’s websites to provide timely information to online users and as many
34	government services as possible online; and
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1	(4) Establish, improve, and enhance the state’s use of social media and mobile
2	technological applications.
3	(c) The office shall coordinate its efforts with the division of enterprise technology strategy
4	and services in order to plan, allocate, and implement projects supported by the information
5	technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-
6	11-2.5(a) and the large systems initiatives fund (LSI fund) established pursuant to § 42-11-2.5(b).
7	(d) All intellectual property created as a result of work undertaken by employees of the
8	office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the
9	name of the state.
10	(e) The director of administration may promulgate rules and regulations recommended by
11	the chief digital officer in order to effectuate the purposes and requirements of this act.
12	(f) The chief digital officer shall report no later than January 31, 2013, and every January
13	31 thereafter, to the governor, the speaker of the house of representatives, and the senate president
14	regarding the implementation status of all technology infrastructure projects; website
15	improvements; number of e-government transactions and revenues generated; projects supported
16	by the information technology investment fund; and all other activities undertaken by the office.
17	The report shall also include planned use for projects related to public safety communications and
18	emergency services, recommendations on the development of and opportunities for shared
19	implementation and delivery of these services among municipalities, and strategies for such shared
20	services. The annual report shall be posted on the office’s website.
21	42-11-2.8. Division of enterprise technology strategy and services established.
22	(a) Established. Within the department there shall be established the division of enterprise
23	technology strategy and service (ETSS), which shall include the office of information technology,
24	the office of digital excellence (ODE), and the office of library and information services (OLIS).
25	Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee and
26	manage the division and shall be appointed by the director of administration. Any prior reference
27	in statute to the division of information technology shall now mean ETSS. The chief digital officer
28	shall supervise the state’s chief information officer, chief technology officer, chief information
29	security officer, the directors of information technology, and all associated employees. The chief
30	digital officer may promulgate rules and regulations in order to effectuate the purposes and
31	requirements of this act.
32	(b) Purposes; duties. The purposes of ETSS shall be to align existing and future
33	technology platforms, along with technical expertise, across the agencies of the executive branch.
34	ETSS shall be responsible for managing and consolidating the strategy and budgets of the division,
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1	including the office of information technology, the office of library and information services and
2	the office of digital excellence, and the information technology investment fund. The focus of ETSS
3	will be to lead the strategic technology decisions and efforts across all of the executive branch state
4	agencies; identify opportunities to implement technology solutions across state agencies to prevent
5	duplication of systems and effort; as well as effectively support these solutions in an efficient
6	manner. ETSS shall have the following duties:
7	(1) Manage the implementation of all new and mission-critical technology infrastructure
8	projects and upgrades for state agencies. The office of information technology, under ETSS, shall
9	manage and support all day-to-day operations of the state’s technology infrastructure,
10	telecommunications, and associated applications;
11	(2) Manage the office of digital excellence in order to ensure that large-scale technology
12	projects are delivered in a timely manner in accordance with accepted best-industry practices;
13	(3) To oversee the chief of library services and the office of library and information
14	services to ensure that this office fulfills its statutory duties in an effective manner;
15	(4) Coordinate efforts with the director of administration in order to plan, allocate, and
16	implement projects supported by the information technology investment fund restricted receipt
17	account (ITRR account) established pursuant to § 42-11-2.5(a) and the large systems initiatives
18	fund (LSI fund) established pursuant to § 42-11-2.5(b);
19	(5) Supervise all intellectual property created as a result of work undertaken by employees
20	of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents
21	applied for shall be in the name of the state.
22	(c) Reporting. The chief digital officer shall annually report no later than January 31 to
23	the governor, the speaker of the house of representatives, and the senate president regarding the
24	implementation status of all technology infrastructure projects; website improvements; number of
25	e-government transactions and revenues generated; projects supported by the information
26	technology investment fund; and all other activities undertaken by the division. The annual report
27	shall be posted on the ETSS website.
28	SECTION 10. This article shall take effect upon passage.
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1	ARTICLE 3
2	RELATING TO GOVERNMENT REFORM AND REORGANIZATION
3	SECTION 1. Title 16 of the General Laws entitled “Education” is hereby amended by
4	adding thereto the following chapter:
5	CHAPTER 16-112
6	RHODE ISLAND LONGITUDINAL DATA SYSTEM ACT
7	16-112-1. Rhode Island Longitudinal Data System Act.
8	This chapter shall be known and may be cited as the “Rhode Island Longitudinal Data
9	System Act.”
10	16-112-2. Findings.
11	(a) Purpose. The Rhode Island Longitudinal Data System (RILDS) is Rhode Island’s
12	statewide longitudinal data system that integrates and links individual or unit-level data. The
13	purpose of the RILDS is to connect data across sectors over time to support research aligned with
14	the state’s priorities; inform policymaking and program evaluation; and improve the well-being of
15	all Rhode Islanders.
16	(b) The general assembly finds and declares that:
17	(1) The state is committed to maintaining a longitudinal data system that the public,
18	researchers, and policymakers can use to analyze and assess Rhode Islanders’ aggregate progress
19	from early learning programs through postsecondary education and into employment; and
20	(2) A national collaborative effort among federal and state policymakers, state officials,
21	and national education organizations have defined the essential components of a statewide
22	longitudinal data system; and
23	(3) The RI DataHUB is the state education and workforce longitudinal data system, aligned
24	to the U.S. Department of Education’s Statewide Longitudinal Data System (SLDS) grant program
25	and the U.S. Department of Labor’s Workforce Data Quality Initiative grant program.
26	16-112-3. Definitions.
27	For the purpose of this chapter, the following terms shall have the following meanings
28	unless the context clearly requires otherwise:
29	(1) “Participating agency” means the Rhode Island department of education, the office of
30	the postsecondary commissioner, the Rhode Island department of labor and training, and any
31	agency that has executed a memorandum of understanding for recurring participation in the Rhode
32	Island longitudinal data system.
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1	(2) “Rhode Island Longitudinal Data System” (RILDS) formerly known as the RI
2	DataHUB operated by DataSpark, is the current statewide longitudinal data system and will be
3	located for budgetary purposes in the office of the postsecondary commissioner.
4	(3) “Rhode Island Longitudinal Data System Center” (Center) is comprised of the current
5	entity known as DataSpark and whatever other resources as necessary to accomplish the powers
6	and duties prescribed herein.
7	(4) “Statewide longitudinal data system” or “longitudinal data system” or “SLDS” means
8	an individual- or unit-level data system that links and integrates records from state datasets
9	including but not limited to early childhood and prekindergarten, through elementary, secondary,
10	and postsecondary education, and into the workforce from participating agencies and entities.
11	(5) “State and federal privacy laws” means all applicable state and federal privacy laws
12	and accompanying regulations, including but not limited to the Federal Family Educational Rights
13	and Privacy Act and its accompanying regulations (“FERPA”), Health Insurance Probability and
14	Accountability Act (“HIPAA”), R.I. Gen. Laws § 28-42-38, 20 CFR 603.1 et seq., and any other
15	privacy measures that apply to the personally identifiable information that is used by the center
16	and/or becomes part of the RILDS hereunder.
17	16-112-4. Creation
18	(a) The RILDS is hereby established within the office of the postsecondary commissioner
19	and is granted and authorized to use all the powers set forth in this chapter.
20	(b) Functions The RILDS shall:
21	(1) Transmit, store, enable access to, permit the use, and dispose of linked data and
22	information in accordance with the National Institute of Standards and Technology (NIST)
23	Cybersecurity Framework and associated NIST 800-53 security controls commensurate with data
24	sensitivity level and in accordance with all applicable state and privacy laws;
25	(2) Serve as a central repository of the state’s inter-agency, longitudinal, linked data;
26	(3) Enable the integration, linkage, and management of information;
27	(4) Report on and provide access to aggregate data to, among other things, address
28	inequities in access, opportunities, and outcomes;
29	(5) Nothing in this chapter shall negate or otherwise adversely affect the validity and legal
30	enforceability of any existing data sharing and/or research agreements executed between and
31	among the states’ participating agencies and the state’s statewide longitudinal data system.
32	16-112-5 Governing Board
33	(a) Composition of Board. The RILDS will be governed by the Rhode Island longitudinal
34	data system governing board (the board).
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1	(1) The board shall be composed of:
2	(i) an at large member appointed by the governor who serves as one co-chair;
3	(ii) director of any participating agencies as described in § 16-112-3 and § 16-112-6,
4	or their designee;
5	(iii) the director of the office of management and budget or designee;
6	(iv) the chief information officer of the division of information technology or
7	designee; and
8	(v) the director of the center, as set forth in § 16-112-7.
9	(2) The board shall be overseen by two co-chairs. One co-chair shall be appointed by the
10	governor and shall be responsible for overseeing and directing the policy duties and responsibilities
11	of the board. The other co-chair shall be the commissioner of postsecondary education who shall
12	be responsible for overseeing, supervising, and directing the operational duties of the center and its
13	personnel.
14	(b) Powers and Duties. The board shall:
15	(1) In consultation with the center and in accordance with federal and state privacy law,
16	approve policies regarding how data requests from state and local agencies, the Rhode Island
17	general assembly, third-party researchers, and the public will be managed;
18	(2) In consultation with the center, approve policies regarding the publishing of reports and
19	other information that should be available to public stakeholders;
20	(3) Approve standards implemented by the center for the security, privacy, access to, and
21	confidentiality of data, including policies to comply with the Family Education Rights and Privacy
22	Act, Health Insurance Probability and Accountability Act, R.I. Gen. Laws § 28-42-38, 20 CFR
23	603.1 et seq. and any other privacy measures, as required by law or the board;
24	(4) Perform other functions that are necessary to ensure the successful continuation,
25	management, and expansion of the RILDS;
26	(5) Establish a data governance committee to work with the center on an ongoing basis to
27	among other responsibilities, approve data requests; and
28	(6) Oversee and collaborate with the data governance committee and the center as set forth
29	in § 16-112-7.
30	16-112-6. Participating Agencies
31	(a) Participating agencies shall transfer data, as applicable, to the RILDS in accordance
32	with the data security policies as approved by the board, and pursuant to the requirements of state
33	and federal privacy laws.
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1	(b) Any agencies providing data on a recurring basis to the RILDS shall provide a
2	representative to the board and be governed in the same manner as the initial agencies and entities
3	and shall be subject to applicable board policies.
4	16-112-7. The Rhode Island Longitudinal Data System Center
5	(a) Purpose. The purpose of the center is to manage and operate the RILDS and conduct
6	research and evaluate programs regarding federal, state, and local programs and policies. The center
7	shall be managed by an executive director (hereafter the “director”) responsible for the daily
8	management and operations of the center. The director will also be responsible for interfacing and
9	collaborating between the board and the data governance committee, as well as external
10	communications and agreements. The director shall be a non-classified employee of the council on
11	postsecondary education under the supervision of and subject to the authority of the commissioner
12	of postsecondary education.
13	(b) Powers and Duties.
14	The duties of the center shall be to:
15	(1) Act as an authorized representative, research partner, and business associate of the
16	state’s agencies, including those responsible for education and workforce, under and in accordance
17	with the requirements of applicable federal and state statutes and/or state and federal privacy laws;
18	(2) Enter into memoranda of understanding with state agencies, non-profits, subnational
19	governments, and other entities for the purposes of data sharing and analysis;
20	(3) Coordinate with participating agencies and other entities to ensure the integrity and
21	quality of data being collected, including implementing the data quality and metadata policies
22	approved by the board;
23	(4) Advance research and allow policymakers to explore critical research policy questions
24	and to measure investments in education and workforce development;
25	(5) In consultation with the board, identify the state’s critical research and policy questions;
26	(6) Provide analysis and reports that assist with evaluating programs and measuring
27	investments, subject to the policies approved by the board;
28	(7) Implement policies and procedures approved by the board that govern the security,
29	privacy, access to, and confidentiality of the data, in accordance with relevant federal and state
30	privacy laws;
31	(8) Ensure that information contained, and available through, the RILDS is kept secure,
32	and that individual privacy is protected, and maintain insurance coverage;
33	(9) Respond to approved research data requests in accordance with the policies and
34	procedures approved by the board;
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1	(10) Enter into contracts or other agreements with appropriate entities, including but not
2	limited to federal, state, and local agencies, to the extent necessary to carry out its duties and
3	responsibilities only if such contracts or agreements incorporate adequate protections with respect
4	to the privacy and security of any information to be shared, and are approved, in writing, by the
5	applicable agency whose data or information is to be shared, and are allowable under applicable
6	state and federal privacy laws; and
7	(11) Maintain staff necessary to carry out the above duties as provided for in the state
8	budget. Staff at the center shall be non-classified employees of the council on postsecondary
9	education, under the supervision of and subject to the authority of the commissioner of
10	postsecondary education. The non-SLDS activity of the center shall also be under the supervision
11	and authority of the commissioner of postsecondary education and the council on postsecondary
12	education. The council on postsecondary education, its office of the postsecondary commissioner,
13	and its employees shall be included under the limitation of damages for tort liability for the State
14	set out in §§ 9-31-1 et seq., for all actions involving the center regarding the RILDS and/or SLDS
15	and for any other activity of the center regarding its receipt, storage, sharing and transmission of
16	data as part of its non-SLDS operations and activities.
17	(12) The council on postsecondary education shall be the employer of public record for the
18	Center.
19	(c) Funding. Appropriations made pursuant to this Act shall be used exclusively for the
20	development and operation of RILDS.
21	(1) The board and the center may implement a data request fee policy to compensate for
22	excessive use of the data system, to recover costs that would otherwise typically be borne by the
23	requesting data researcher, or both. A data request fee policy implemented pursuant to this section
24	shall be reviewed and approved by the board, revised periodically, and made publicly available and
25	posted in a prominent location on the RILDS’s internet website.
26	(2) The center may receive funding for its operation of the RILDS from the following
27	sources:
28	(a) State appropriations;
29	(b) Federal grants;
30	(c) User fees; and
31	(d) Any other grants or contributions from public agencies or other entities.
32	(e) There is hereby established a restricted receipt account in the general fund of the state
33	and housed in the budget of the office of postsecondary commissioner entitled “longitudinal data
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1	system- non-federal grants.” The express purpose of this account is to record receipts and
2	expenditures of the program herein described and established within this section.
3	SECTION 2 Section 21-36-3 of the General Laws in Chapter 21-36 entitled “The
4	Interagency Food & Nutrition Policy Advisory Council Act” is hereby amended to read as follows:
5	21-36-3. Council composition.
6	There shall be an inter-agency food and nutrition policy advisory council which shall
7	consist of seven (7) nine (9) members: the director of health, or his or her designee; the director of
8	environmental management, or his or her designee; the director of administration, or his or her
9	designee; the director of the department of human services, or his or her designee; the director of
10	the office of healthy aging, or his or her designee; the director of the department of corrections, or
11	his or her designee; the secretary of commerce, or his or her designee; the director of the department
12	of children, youth & families, or his or her designee; and the commissioner of elementary and
13	secondary education, or his or her designee. The members of the commission shall elect a
14	chairperson from among themselves.
15	SECTION 3. Section 24-8-27 of the General Laws in Chapter 24-8 entitled “Construction
16	and Maintenance of State Roads” is hereby amended to read as follows:
17	24-8-27. “Bridge” defined — Responsibility for smaller structures.
18	(a) The word “bridge” as used in this chapter shall be a structure including supports erected
19	over a depression or an obstruction, such as water, highway, or railway, and having a track or
20	passageway for carrying traffic or other moving loads, and having an opening measured along the
21	center of the roadway of eight (8) feet or more between under copings of abutments, spring lines
22	of arches, or the extreme ends of openings for multiple boxes; it also includes single or multiple
23	pipes where the clear distance between openings of multiple pipes is less than half of the smaller
24	contiguous opening. any structure not less than five feet (5′) in width. Any structure less than five
25	feet (5′) in width lying in any highway now being or hereafter becoming a part of the state highway
26	system shall be constructed, repaired or reconstructed at the expense of the state.
27	(b) The State will be responsible for the following related to bridges, as defined above:
28	(1) Reporting of inspection and load rating findings for National Bridge Inventory (NBI)
29	bridges on all roadways.
30	(2) Construction and maintenance costs of:
31	(i) bridges on state owned roads
32	(ii) structures less than eight (8) feet on State roads
33	(ii) other state-owned structures unless otherwise agreed upon.
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1	(c) The State is not responsible for construction or maintenance costs for bridges or smaller
2	structures they do not own.
3	(d) Performing inspections or load ratings on any bridge or structures less than eight (8)
4	feet by the State for public safety does not constitute ownership or responsibility of the structure.
5	SECTION 4. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of
6	Veterans" is hereby amended to read as follows:
7	30-25-14. Rhode Island veterans’ memorial cemetery.
8	(a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph
9	H. Ladd school in the town of Exeter, shall be under the management and control of the director of
10	the department of human services. The director of the department of human services shall appoint
11	an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably
12	discharged veteran of the United States Armed Forces and shall have the general supervision over,
13	and shall prescribe rules for, the government and management of the cemetery. He or she shall
14	make all needful rules and regulations governing the operation of the cemetery and generally may
15	do all things necessary to ensure the successful operation thereof. The director shall promulgate
16	rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the
17	eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all persons
18	eligible for burial pursuant to rules and regulations established by the director, any person who
19	served in the army, navy, air force, or marine corps of the United States for a period of not less than
20	two (2) years and whose service was terminated honorably, shall be eligible for burial in the Rhode
21	Island veterans’ memorial cemetery. The director shall appoint and employ all subordinate officials
22	and persons needed for the proper management of the cemetery. National guard members who are
23	killed in the line of duty or who are honorably discharged after completion of at least twenty (20)
24	six (6) years’ of service in the Rhode Island national guard and/or reserve and their spouse shall be
25	eligible for interment in the Rhode Island veterans’ memorial cemetery. National guard members
26	and/or reservists who are honorably discharged after completion of at least six (6) years of service
27	with another state, and who are a Rhode Island resident for at least two (2) consecutive years
28	immediately prior to death, shall be eligible, along with their spouse, for interment in the Rhode
29	Island veterans’ memorial cemetery. For the purpose of computing service under this section,
30	honorable service in the active forces or reserves shall be considered toward the twenty (20) six (6)
31	years of national guard service. The general assembly shall make an annual appropriation to the
32	department of human services to provide for the operation and maintenance for the cemetery. The
33	director shall charge and collect a grave liner fee per interment of the eligible spouse and/or eligible
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1	dependents of the qualified veteran, national guard member and/or reservist equal to the
2	department’s cost for the grave liner.
3	(b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’
4	memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing
5	ear signal dogs or any other service animal, as required by federal law or any personal assistance
6	animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section
7	shall be subject to a fine of not less than five hundred dollars ($500).
8	(c) The state of Rhode Island office of veterans services shall bear the cost of all tolls
9	incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from
10	Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The
11	executive director of the turnpike and bridge authority shall assist in the administration and
12	coordination of this toll reimbursement program.
13	SECTION 5. Sections 35-1.1-3 and 35-1.1-9 of the General Laws in Chapter 35-1.1 entitled
14	"Office of Management and Budget" are hereby amended to read as follows:
15	35-1.1-3. Director of management and budget – Appointment and responsibilities.
16	(a) Within the department of administration there shall be a director of management and
17	budget who shall be appointed by the director of administration with the approval of the governor.
18	The director shall be responsible to the governor and director of administration for supervising the
19	office of management and budget and for managing and providing strategic leadership and direction
20	to the budget officer, the performance management office, and the federal grants management
21	office.
22	(b) The director of management and budget shall be responsible to:
23	(1) Oversee, coordinate, and manage the functions of the budget officer as set forth by
24	chapter 3 of this title; program performance management as set forth by § 35-3-24.1; approval of
25	agreements with federal agencies defined by § 35-3-25; and budgeting, appropriation, and receipt
26	of federal monies as set forth by chapter 41 of title 42;
27	(2) [Deleted by P.L. 2019, ch. 88, art. 4, § 9];
28	(3) Oversee the director of regulatory reform as set forth by § 42-64.13-6;
29	(4) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1; and
30	(5) Undertake a comprehensive review and inventory of all reports filed by the executive
31	office and agencies of the state with the general assembly. The inventory should include, but not
32	be limited to: the type, title, and summary of reports; the author(s) of the reports; the specific
33	audience of the reports; and a schedule of the reports’ release. The inventory shall be presented to
34	the general assembly as part of the budget submission on a yearly basis. The office of management
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1	and budget shall also make recommendations to consolidate, modernize the reports, and to make
2	recommendations for elimination or expansion of each report.; and
3	(6) Conduct, with all necessary cooperation from executive branch agencies, reviews,
4	evaluations, and assessments on process efficiency, operational effectiveness, budget and policy
5	objectives, and general program performance.
6	35-1.1-9. Cooperation of other state executive branch agencies.
7	(a) The departments and other agencies of the state of the executive branch that have not
8	been assigned to the executive office of management and budget under this chapter shall assist and
9	cooperate with the executive office as may be required by the governor and/or requested by the
10	director of management and budget,. tThis assistance may include, but not be limited to, providing
11	analyses and related backup documentation and information, organizational charts and/or process
12	maps, contractual deliverables, and utilizing staff resources from other departments or agencies for
13	special projects within a defined period of time to improve processes or performance within
14	agencies and/or lead to cost savings.
15	(b) Within thirty (30) days following the date of the issuance of a final audit report
16	completed pursuant to subdivision 35-1.1-2(6), the head of the department, agency or private entity
17	audited shall respond in writing to each recommendation made in the final audit report. This
18	response shall address the department’s, agency’s or private entity’s plan of implementation for
19	each specific audit recommendation and, if applicable, the reasons for disagreement with any
20	recommendation proposed in the audit report. Within one year following the date on which the
21	audit report was issued, the office may perform a follow-up audit for the purpose of determining
22	whether the department, agency or private entity has implemented, in an efficient and effective
23	manner, its plan of action for the recommendations proposed in the audit report.
24	SECTION 6. Section 35-3-24.1 of the General Laws in Chapter 35-3 entitled “State
25	Budget” is hereby amended to read as follows:
26	35-3-24.1. Program performance measurement.
27	(a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as part
28	of each budget submitted to the general assembly pursuant to § 35-3-7, performance objectives for
29	each program in the budget for the ensuing fiscal year, estimated performance data for the fiscal
30	year in which the budget is submitted, and actual performance data for the preceding two (2)
31	completed fiscal years. Performance data shall include efforts at achieving equal opportunity hiring
32	goals as defined in the department’s annual affirmative action plan. The governor shall, in addition,
33	recommend appropriate standards against which to measure program performance. Performance in
34	prior years may be used as a standard where appropriate. These performance standards shall be
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1	stated in terms of results obtained.
2	(b) The governor may submit, in lieu of any part of the information required to be submitted
3	pursuant to subsection (a), an explanation of why the information cannot, as a practical matter be
4	submitted.
5	(c)(1) The office of management and budget shall be responsible for managing and
6	collecting program performance measures on behalf of the governor. The office is authorized to
7	conduct performance reviews and audits of agencies to determine progress towards achieving
8	performance objectives for programs the manner and extent to which executive branch agencies
9	achieve intended objectives and outcomes.
10	(2) In order to collect performance measures from agencies, review performance and
11	provide recommendations the office of budget and management is authorized to coordinate with
12	the office of internal audit regarding the findings and recommendations that result from audits
13	conducted by the office.
14	(3) In order to facilitate the office of management and budget’s performance reviews,
15	agencies must generate and provide timely access to records, reports, analyses, audits, reviews,
16	documents, papers, recommendations, contractual deliverables, or other materials available relating
17	to agency programs and operations.
18	(4) In order to ensure alignment of executive branch agency operations with the state’s
19	priorities, the office of management and budget may produce, with all necessary cooperation from
20	executive branch agencies, analyses and recommendations to improve program performance,
21	conduct evidence-based budgeting, and respond to sudden shifts in policy environments.
22	(5) In order to gain insight into performance or outcomes and inform policymaking and
23	program evaluation, the office of management and budget may lead, manage, and/or coordinate
24	interagency and cross-system collaboration or integration initiatives.
25	SECTION 7. Section 37-14.1-6 of the General Laws in Chapter 14.1 titled “Minority
26	Business Enterprise” is hereby amended to read as follows:
27	37-14.1-6 Minority business enterprise participation.
28	(a) Minority business enterprises shall be included in all procurements and construction
29	projects under this chapter and shall be awarded a minimum of ten percent (10%) fifteen percent
30	(15%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%),
31	minority business enterprises owned and controlled by a minority owner, as defined in 37-14.1-3,
32	shall be awarded a minimum of seven- and one-half percent (7.5%), and minority business
33	enterprises owned and controlled by a woman shall be awarded a minimum of seven- and one-half
34	percent (7.5%). The director of the department of administration is further authorized to establish
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1	by rules and regulation the certification process and formulas for giving minority business
2	enterprises a preference in contract and subcontract awards.
3	(b) Any minority business enterprise currently certified by the U.S. Small Business
4	Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by
5	the department of administration as a minority business enterprise and shall only be required to
6	submit evidence of federal certification of good standing.
7	(c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited
8	to, during a declared state of emergency.
9	SECTION 8. Section 42-28-25 of the General Laws in Chapter 42-28 entitled “State Police”
10	is hereby amended to read as follows:
11	42-28-25. State and municipal police training school established.
12	(a) Within the Rhode Island state police there is hereby created and established a state and
13	municipal police training school.
14	(b) The superintendent of the state police shall have supervision of the state and municipal
15	police training academy and shall establish standards for admission and a course of training. The
16	superintendent shall report to the governor and general assembly a plan for a state and municipal
17	police training academy on or before December 31, 1993. The superintendent shall, in consultation
18	with the Police Chiefs' Association and the chairperson of the Rhode Island commission on
19	standards and training make all necessary rules and regulations relative to the admission, education,
20	physical standards and personal character of the trainees and such other rules and regulations as
21	shall not be inconsistent with law.
22	(c) Applicants to the state and municipal police training academy shall pay an application
23	fee in the amount of fifty dollars ($50.00); provided, however, the superintendent may waive such
24	application fee if payment thereof would be a hardship to the applicant.
25	(d) Trainees shall pay to the division an amount equal to the actual cost of meals consumed
26	at the state police and municipal police training academy and the actual cost of such training
27	uniforms which remain the personal property of the trainees.
28	(e) All fees and payments received by the division pursuant to this section shall be
29	deposited as general revenues.
30	SECTION 9. Section 42-56-20.2 of the General Laws in Chapter 42-56 entitled
31	“Corrections Department” is hereby amended to read as follows:
32	42-56-20.2. Community confinement.
33	(a) Persons subject to this section. Every person who shall have been adjudged guilty of
34	any crime after trial before a judge, a judge and jury, or before a single judge entertaining the
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1	person’s plea of nolo contendere or guilty to an offense (“adjudged person”), and every person
2	sentenced to imprisonment in the adult correctional institutions (“sentenced person”) including
3	those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult
4	correctional institutions (“detained person”) who meets the criteria set forth in this section shall be
5	subject to the terms of this section except:
6	(1) Any person who is unable to demonstrate that a permanent place of residence (“eligible
7	residence”) within this state is available to that person; or
8	(2) Any person who is unable to demonstrate that he or she will be regularly employed, or
9	enrolled in an educational or vocational training program within this state, and within thirty (30)
10	days following the institution of community confinement; or
11	(3)(i) Any adjudged person or sentenced person or detained person who has been
12	convicted, within the five (5) years next preceding the date of the offense for which he or she is
13	currently so adjudged or sentenced or detained, of a violent felony.
14	A “violent felony” as used in this section shall mean any one of the following crimes or an
15	attempt to commit that crime: murder; manslaughter; sexual assault; mayhem; robbery; burglary;
16	assault with a dangerous weapon; assault or battery involving serious bodily injury; arson; breaking
17	and entering into a dwelling; child molestation; kidnapping; DWI resulting in death or serious
18	injury; or driving to endanger resulting in death or serious injury; or
19	(ii) Any person currently adjudged guilty of or sentenced for or detained on any capital
20	felony; or
21	(iii) Any person currently adjudged guilty of or sentenced for or detained on a felony
22	offense involving the use of force or violence against a person or persons. These shall include, but
23	are not limited to, those offenses listed in subsection (a)(3)(i) of this section; or
24	(iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or
25	possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or
26	possession of a certain enumerated quantity of a controlled substance in violation of § 21-28-4.01.1
27	or § 21-28-4.01.2; or
28	(v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense
29	involving the illegal possession of a firearm.
30	(b) Findings prior to sentencing to community confinement. In the case of adjudged
31	persons, if the judge intends to impose a sentence of community confinement, he or she shall first
32	make specific findings, based on evidence regarding the nature and circumstances of the offense
33	and the personal history, character, record, and propensities of the defendant that are relevant to the
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1	sentencing determination, and these findings shall be placed on the record at the time of sentencing.
2	These findings shall include, but are not limited to:
3	(1) A finding that the person does not demonstrate a pattern of behavior indicating a
4	propensity for violent behavior;
5	(2) A finding that the person meets each of the eligibility criteria set forth in subsection (a)
6	of this section;
7	(3) A finding that simple probation is not an appropriate sentence;
8	(4) A finding that the interest of justice requires, for specific reasons, a sentence of non-
9	institutional confinement; and
10	(5) A finding that the person will not pose a risk to public safety if placed in community
11	confinement.
12	The facts supporting these findings shall be placed on the record and shall be subject to
13	review on appeal.
14	(c) Community confinement.
15	(1) There shall be established within the department of corrections, a community
16	confinement program to serve that number of adjudged persons, sentenced persons, and detainees,
17	that the director of the department of corrections (“director”) shall determine on or before July 1 of
18	each year. Immediately upon that determination, the director shall notify the presiding justice of
19	the superior court of the number of adjudged persons, sentenced persons, and detainees that can be
20	accommodated in the community confinement program for the succeeding twelve (12) months.
21	One-half (½) of all persons sentenced to community confinement shall be adjudged persons, and
22	the balance shall be detainees and sentenced persons. The director shall provide to the presiding
23	justice of the superior court and the family court on the first day of each month a report to set forth
24	the number of adjudged persons, sentenced persons, and detainees participating in the community
25	confinement program as of each reporting date. Notwithstanding any other provision of this section,
26	if on April 1 of any fiscal year less than one-half (½) of all persons sentenced to community
27	confinement shall be adjudged persons, then those available positions in the community
28	confinement program may be filled by sentenced persons or detainees in accordance with the
29	procedures set forth in subsection (c)(2) of this section.
30	(2) In the case of inmates other than those classified to community confinement under
31	subsection (h) of this section, the director may make written application (“application”) to the
32	sentencing judge for an order (“order”) directing that a sentenced person or detainee be confined
33	within an eligible residence for a period of time, which in the case of a sentenced person, shall not
34	exceed the term of imprisonment. This application and order shall contain a recommendation for a
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1	program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3),
2	(b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may
3	contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing
4	on this application shall be held within ten (10) business days following the filing of this
5	application. If the sentencing judge is unavailable to hear and consider the application the presiding
6	justice of the superior court shall designate another judge to do so.
7	(3) In lieu of any sentence that may be otherwise imposed upon any person subject to this
8	section, the sentencing judge may cause an adjudged person to be confined within an eligible
9	residence for a period of time not to exceed the term of imprisonment otherwise authorized by the
10	statute the adjudged person has been adjudged guilty of violating.
11	(4) With authorization by the sentencing judge, or, in the case of sentenced persons
12	classified to community confinement under subsection (h) of this section by the director of
13	corrections, or in accordance with the order, persons confined under the provisions of this chapter
14	may be permitted to exit the eligible residence in order to travel directly to and from their place of
15	employment or education or training and may be confined in other terms or conditions consistent
16	with the basic needs of that person that justice may demand, including the right to exit the eligible
17	residence to which that person is confined for certain enumerated purposes such as religious
18	observation, medical and dental treatment, participation in an education or vocational training
19	program, and counseling, all as set forth in the order.
20	(d) Administration.
21	(1) Community confinement. The supervision of persons confined under the provisions
22	of this chapter shall be conducted by the director, or his or her designee.
23	(2) Intense surveillance. The application and order shall prescribe a program of intense
24	surveillance and supervision by the department of corrections. Persons confined under the
25	provisions of this section shall be subject to searches of their persons or of their property when
26	deemed necessary by the director, or his or her designee, in order to ensure the safety of the
27	community, supervisory personnel, the safety and welfare of that person, and/or to ensure
28	compliance with the terms of that person’s program of community confinement; provided,
29	however, that no surveillance, monitoring or search shall be done at manifestly unreasonable times
30	or places nor in a manner or by means that would be manifestly unreasonable under the
31	circumstances then present.
32	(3) The use of any electronic surveillance or monitoring device which is affixed to the body
33	of the person subject to supervision is expressly prohibited unless set forth in the application and
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1	order or, in the case of sentenced persons classified to community confinement under subsection
2	(h), otherwise authorized by the director of corrections.
3	(4) Regulatory authority. The director shall have full power and authority to enforce any
4	of the provisions of this section by regulation, subject to the provisions of the Administrative
5	Procedures Act, chapter 35 of this title. Notwithstanding any provision to the contrary, the
6	department of corrections may contract with private agencies to carry out the provisions of this
7	section. The civil liability of those agencies and their employees, acting within the scope of their
8	employment, and carrying out the provisions of this section, shall be limited in the same manner
9	and dollar amount as if they were agencies or employees of the state.
10	(e) Violations. Any person confined pursuant to the provisions of this section, who is found
11	to be a violator of any of the terms and conditions imposed upon him or her according to the order,
12	or in the case of sentenced persons classified to community confinement under subsection (h),
13	otherwise authorized by the director of corrections, this section, or any rules, regulations, or
14	restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification
15	deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person,
16	upon conviction, shall be subject to an additional term of imprisonment of not less than one year
17	and not more than twenty (20) years. However, it shall be a defense to any alleged violation that
18	the person was at the time of the violation acting out of a necessary response to an emergency
19	situation. An “emergency situation” shall be construed to mean the avoidance by the defendant of
20	death or of substantial personal injury, as defined above, to him or herself or to others.
21	(f) Costs. Each person confined according to this section shall reimburse the state for the
22	costs or a reasonable portion thereof incurred by the state relating to the community confinement
23	of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall
24	be assessed by the director prior to the expiration of that person’s sentence. Once assessed, those
25	costs shall become a lawful debt due and owing to the state by that person. Monies received under
26	this section shall be deposited as general funds.
27	(g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions
28	of this section are hereby declared to be severable from the whole, and a declaration of
29	unenforceability or unconstitutionality of any portion of this section, by a judicial court of
30	competent jurisdiction, shall not affect the portions remaining.
31	(h) Sentenced persons approaching release. Notwithstanding the provisions set forth
32	within this section, any sentenced person committed under the direct care, custody, and control of
33	the adult correctional institutions, who is within one (1) year of the projected good time release
34	date, provided that the person shall have completed at least one-half (½) of the full term of
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1	incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration,
2	provided that the person shall have completed at least one-half (½) of the term of incarceration,
3	may in the discretion of the director of corrections be classified to community confinement. This
4	provision shall not apply to any person whose current sentence was imposed upon conviction of
5	murder, first degree sexual assault or first degree child molestation.
6	(i) Persons sentenced to life without parole with a serious health condition.
7	Notwithstanding the provisions set forth within this section, any person sentenced to life without
8	parole committed under the direct care, custody, and control of the adult correctional institutions,
9	who has a condition that renders him or her confined to a medical facility and who is sufficiently
10	physically, mentally or otherwise disabled that the presence of correctional officers provides no
11	additional safety to the public or the personnel caring for them in that facility, may, in the discretion
12	of the director of corrections, be classified to community confinement in a medical facility with an
13	electronic surveillance and/or monitoring device. In consultation with medical professionals, such
14	an individual shall be removed from community confinement in a medical facility, if their medical
15	condition improves or resolves to a degree that the presence of correctional officers does enhance
16	the safety of the public and/or the personnel caring for them in that facility and be subject to a return
17	to the adult correctional institutions.
18	(i) (j) Notification to police departments. The director, or his or her designee, shall notify
19	the appropriate police department when a sentenced, adjudged or detained person has been placed
20	into community confinement within that department’s jurisdiction. That notice will include the
21	nature of the offense and the express terms and conditions of that person’s confinement. That notice
22	shall also be given to the appropriate police department when a person in community confinement
23	within that department’s jurisdiction is placed in escape status.
24	(j) (k) No incarceration credit for persons awaiting trial. No detainee shall be given
25	incarceration credit by the director for time spent in community confinement while awaiting trial.
26	(k) (l) No confinement in college or university housing facilities. Notwithstanding any
27	provision of the general laws to the contrary, no person eligible for community confinement shall
28	be placed in any college or university housing facility, including, but not limited to, dormitories,
29	fraternities or sororities. College or university housing facilities shall not be considered an “eligible
30	residence” for “community confinement.”
31	(l) (m) A sentencing judge shall have authority to waive overnight stay or incarceration at
32	the adult correctional institution after the sentencing of community confinement. The waiver shall
33	be binding upon the adult correctional institution and the staff thereof, including, but not limited to
34	the community confinement program.
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1	SECTION 10. Sections 46-12.9-3, 46-12.9-5, and 46-12.9-11 of the General Laws in
2	Chapter 46-12.9 entitled “Rhode Island Underground Storage Tank Financial Responsibility Act”
3	are hereby amended to read as follows:
4	46-12.9-3. Definitions
5	When used in this chapter:
6	(1) "Advisory board" means the Rhode Island underground storage tank financial
7	responsibility advisory board established pursuant to the provisions of § 46-12.9-8.
8	(2 ) (1) "Department" means the Rhode Island department of environmental management.
9	(3) (2) "Director" means the director of the department of environmental management, or
10	his or her designee.
11	(4) (3) "Eligible costs" means costs, expenses, and other obligations as incurred by a
12	responsible party for site investigation, site remediation, or other corrective action activities ordered
13	or directed, and approved, by the department or performed by the responsible party and not
14	specifically identified by the department as ineligible.
15	(5) (4) "Facility" means any parcel of real estate or contiguous parcels of real estate owned
16	and/or operated by the same person(s), which together with all land, structures, facility components,
17	improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit
18	and at which petroleum products or hazardous materials are or have been stored in underground
19	storage tanks.
20	(6) (5) "Fund" means the Rhode Island underground storage tank financial responsibility
21	fund established herein.
22	(7) (6) "Operator" means any person in control of, or having the responsibility for, the daily
23	operation of an underground storage tank system.
24	(8) (7) "Owner" means any person, corporation, group, or other entity who or that holds
25	exclusive or joint title to, or lawful possession of, a facility or part of a facility.
26	(9) (8) "Petroleum product" means crude oil, or any fractions thereof, that is liquid at
27	standard conditions of temperature sixty degrees Fahrenheit (60°F) and pressure fourteen and seven
28	tenths pounds per square inch absolute (14.7 psia) and includes substances derived from crude oil
29	including, but not limited to, the following:
30	(i) Gasoline;
31	(ii) Fuel Oils;
32	(iii) Diesel Oils;
33	(iv) Waste Oils;
34	(v) Gasohol, lubricants and solvents.
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1	(10) (9) "Release" means any spilling, leaking, pumping, pouring, injecting, emitting,
2	escaping, leaching, discharging, or disposing of any material stored in an underground storage tank
3	system subject to these regulations into groundwater, surface water, soil, air, or any other
4	environmental media.
5	(11) (10) "Responsible party" means the person or persons liable for release of petroleum
6	or the remediation of a release.
7	(12) (11) "Site" means any location at which, or from which, there has been a release of
8	petroleum associated with an underground storage tank or an underground storage tank system, or
9	any location to which such petroleum has migrated.
10	(13) (12) "UST" or "Underground storage tank system" means any one or more
11	underground tanks, and their associated components, including piping, used to contain, transport,
12	or store petroleum product or hazardous material whose volume is ten percent (10%) or more
13	beneath the surface of the ground.
14	46-12.9-5. Purpose of fund.
15	(a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking
16	underground storage tanks, underground storage tank systems, including those located on sites in
17	order to protect the environment, including drinking water supplies and public health.
18	(b) The fund shall provide reimbursement to responsible parties for the eligible costs
19	incurred by them as a result of releases of certain petroleum from underground storage tanks or
20	underground storage tank systems as provided herein. Monies in the fund shall be dispensed only
21	upon the order of the department for the following purposes:
22	(1) The fund shall pay not more than one million dollars ($1,000,000) per incident, and up
23	to two million dollars ($2,000,000) in the aggregate, for damages of eligible costs, as defined in
24	regulations promulgated hereunder and, as further defined in § 46-12.9-3, excluding legal costs and
25	expenses, incurred by a responsible party as a result of a release of petroleum from an underground
26	storage tank or underground storage tank system; provided, however, that a responsible party may
27	be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;
28	(2) Reimbursement for any third-party claim including, but not limited to, claims for bodily
29	injury, property damage, and damage to natural resources that are asserted against a responsible
30	party and that have arisen as a result of a release of petroleum from an underground storage tank
31	or underground storage tank system, in an amount not to exceed one million dollars ($1,000,000)
32	for each release as set forth in subsection (b)(1); provided, that such claims are found by the
33	department to be justified, reasonable, related to the release of petroleum, and not excessive or
34	spurious in nature;
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1	(3) Costs incurred by the department in carrying out the investigative, remedial, and
2	corrective action activities at sites of a petroleum release associated with an underground storage
3	tank or underground storage tank system where the responsible party fails to comply with an order
4	of the department to undertake such activities. In the event of such failure or documented inability
5	to comply, the department may access the fund to perform the ordered work and may proceed to
6	recover from the responsible party, on behalf of the fund, any amount expended from the fund by
7	the department;
8	(4) Nothing contained in this chapter shall be construed to prevent subrogation by the state
9	of Rhode Island against any responsible party, other than the owner and/or operator, for all sums
10	of money that the fund shall be obligated to pay hereunder, plus reasonable attorney's fees and costs
11	of litigation and such right of subrogation is hereby created; and
12	(5) Eligible costs incurred by the department to support the fund, including, but not limited
13	to, all personnel support to process and review claims in order to formulate recommendations for
14	reimbursement for consideration, and providing meeting space for board meetings; provided,
15	however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed
16	from the fund for administrative purposes during any fiscal year. The department shall directly
17	access the fund, pursuant to the limits set forth in subdivision (b)(1) of this section, to pay for such
18	expenses.
19	(6) [Deleted by P.L. 2016, ch. 148, § 1 and P.L. 2016, ch. 160, § 1].
20	46-12.9-11. Fundings.
21	(a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01)
22	per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is
23	sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible
24	to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to
25	recover the fee from the person who ordered the product, the distributor shall nonetheless remit to
26	the tax administrator the regulatory fee associated with the delivery. In accordance with the
27	regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode
28	Island division of taxation as a separate, line-item entry, on a quarterly tax report by those persons
29	charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be
30	administered and collected by the division of taxation. Notwithstanding the provisions of this
31	section, the fee shall not be applicable to purchases by the United States government.
32	(b) Of the one-cent-per-gallon ($0.01) environmental protection regulatory fee collected
33	by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent
34	($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant
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1	to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection
2	regulatory fees paid to the department shall be received by the department, which shall keep such
3	money in a distinct, interest-bearing, restricted-receipt account to the credit of, and for the exclusive
4	use of, the fund provided that for the period January 1, 2008, through June 30, 2008, all revenues
5	generated by the environmental protection regulatory fee, up to a maximum of two million dollars
6	($2,000,000), shall be deposited into the general fund. In fiscal year 2009, all revenues generated
7	by the environmental protection regulatory fee, up to a maximum equivalent to two million two
8	hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the
9	intermodal surface transportation fund. All fees collected may be invested as provided by law and
10	all interest received on such investment shall be credited to the fund.
11	(c) When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of
12	the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all
13	persons responsible for the collection, reporting, and payments of the fee of the suspension. In the
14	event that the account balance of the fund subsequently is reduced to a sum less than five million
15	dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of
16	taxation, following proper notice thereof, and once reinstated, the collection, reporting, and
17	payment of the fee shall continue until the account balance again reaches the sum of eight million
18	dollars ($8,000,000).
19	(d) Upon the determination by the advisory board and the department that the fund has
20	reached a balance sufficient to satisfy all pending or future claims, the advisory board department
21	shall recommend to the general assembly the discontinuation of the imposition of the fee created
22	in this section.
23	SECTION 11. Section 46-12.9-8 of the General Laws in Chapter 46-12.9 entitled “Rhode
24	Island Underground Storage Tank Financial Responsibility Act” is hereby repealed.
25	46-12.9-8. Advisory board.
26	(a) There is hereby authorized, created, and established the "underground storage tank
27	advisory board," to have such powers as are provided herein.
28	(b) The advisory board shall consist of seven (7) members, as follows: the director of the
29	department of environmental management, or his or her designee, who shall be a subordinate within
30	the department of environmental management. The governor, with the advice and consent of the
31	senate, shall appoint six (6) public members, one of whom shall have expertise and experience in
32	financial matters. In making these appointments the governor shall give due consideration to
33	recommendations from the American Petroleum Institute, the Independent Oil Marketers
34	Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers
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1	Association, and the Rhode Island Marine Trade Association. The newly appointed members will
2	serve for a term of three (3) years commencing on the day they are qualified. Any vacancy which
3	may occur on the board shall be filled by the governor, with the advice and consent of the senate,
4	for the remainder of the unexpired term in the same manner as the member's predecessor as
5	prescribed in this section. The members of the board shall be eligible to succeed themselves.
6	Members shall serve until their successors are appointed and qualified. No one shall be eligible for
7	appointment unless he or she is a resident of this state. The members of the board shall serve without
8	compensation. Those members of the board, as of the effective date of this act [July 15, 2005], who
9	were appointed to the board by members of the general assembly, shall cease to be members of the
10	board on the effective date of this act, and the governor shall thereupon nominate three (3)
11	members, each of whom shall serve the balance of the unexpired term of his or her predecessor.
12	Those members of the board, as of the effective date of this act [July 15, 2005], who were appointed
13	to the board by the governor, shall continue to serve the balance of their current terms. Thereafter,
14	the appointments shall be made by the governor as prescribed in this section.
15	(c) The advisory board shall meet at the call of the chair. All meetings shall be held
16	consistent with chapter 46 of title 42.
17	(d) The advisory board and its corporate existence shall continue until terminated by law.
18	Upon termination of the existence of the advisory board, all its rights and properties shall pass to
19	and be vested in the state.
20	(e) The advisory board shall have the following powers and duties, together with all powers
21	incidental thereto or necessary for the performance of those stated in this chapter:
22	(1) To elect or appoint officers and agents of the advisory board, and to define their duties:
23	(2) To make and alter bylaws, not inconsistent with this chapter, for the administration of
24	the affairs of the advisory board. Such bylaws may contain provisions indemnifying any person
25	who is, or was, a director or a member of the advisory board, in the manner and to the extent
26	provided in § 7-6-6 of the Rhode Island nonprofit corporation act;
27	(3) To oversee, review, and evaluate the condition and performance of the underground
28	storage tank fund and approve and submit an annual report after the end of each fiscal year to the
29	governor, the speaker of the house of representatives, the president of the senate, and the secretary
30	of state, of its activities during that fiscal year. The report shall provide information provided by
31	the department, including: an operating statement summarizing meetings held, including meeting
32	minutes, subjects addressed, and decisions rendered; a summary of the advisory board's actions,
33	fees levied, collected, or received, as prescribed in §§ 46-12.9-7 and 46-12.9-11, claims submitted,
34	verified, approved, modified, and denied, as prescribed in § 46-12.9-7, and reconsideration hearings
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1	held; a synopsis of any law suits or other legal matters related to the fund; and a summary of
2	performance during the previous fiscal year, including accomplishments, shortcomings, and
3	remedies; a briefing on anticipated activities in the upcoming fiscal year; and findings and
4	recommendations for improvements; and a summary of any training courses held pursuant to
5	subdivision (e)(4). The report shall be posted electronically as prescribed in § 42-20-8.2. The
6	advisory board may make recommendations or suggestions on the claims process and/or the
7	condition and management of the fund, and the department shall respond, in writing, to any of these
8	suggestions or recommendations; and
9	(4) To conduct a training course for newly appointed and qualified members and new
10	designees of ex-officio members within six (6) months of their qualification or designation. The
11	course shall be developed by the executive director, approved by the board, and conducted by the
12	executive director. The board may approve the use of any board or staff members or other
13	individuals to assist with training. The training course shall include instruction in the following
14	areas: the provisions of chapter 12.9 of title 46, chapter 46 of title 42, chapter 14 of title 36 and
15	chapter 2 of title 38; and the board's rules and regulations. The director of the department of
16	administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare
17	and disseminate training materials relating to the provisions of chapter 14 of title 36, chapter 2 of
18	title 38, and chapter 46 of title 42.
19	(f) Upon the passage of this act and the appointment and qualification of the three (3) new
20	members prescribed in subsection (b), the board shall elect, from among its members, a chair.
21	Thereafter, the board shall elect annually, in February, a chair from among the members. The board
22	may elect, from among its members, such other officers as it deems necessary.
23	(g) Four (4) members of the board shall constitute a quorum and the vote of the majority
24	of the members present shall be necessary and shall suffice for any action taken by the board. No
25	vacancy in the membership of the board shall impair the right of a quorum to exercise all of the
26	rights and perform all of the duties of the board.
27	(h) Members of the board shall be removable by the governor pursuant to § 36-1-7 and
28	removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall
29	be unlawful.
30	SECTION 12. This article shall take effect upon passage.
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1	ARTICLE 4
2	RELATING TO TAXES
3	SECTION 1. Section 31-36-7 of Chapter 31-36 of the General Laws entitled "Motor Fuel
4	Tax" is hereby amended as follows:
5	31-36-7. Monthly report of distributors — Payment of tax.
6	(a) State requirements. Every distributor shall, on or before the twentieth (20th) day of
7	each month, render a report to the tax administrator, upon forms to be obtained from the tax
8	administrator, of the amount (number of gallons) of fuels purchased, sold, or used by the distributor
9	within this state and the amount of fuels sold by the distributor without this state from fuels within
10	this state during the preceding calendar month, and, if required by the tax administrator as to
11	purchases, the name or names of the person or persons from whom purchased and the date and
12	amount of each purchase, and as to sales, the name or names of the person or persons to whom sold
13	and the amount of each sale, and shall pay at the same time to the administrator tax at the rate of
14	thirty-two cents ($0.32) per gallon on all taxable gallons of fuel sold or used in this state.
15	(b) Federal requirements. In the event the federal government requires a certain portion
16	of the gasoline tax to be dedicated for highway improvements, then the state controller is directed
17	to establish a restricted receipt account and deposit that portion of gasoline tax receipts which brings
18	the state into federal compliance.
19	(c) Beginning July 1, 2015, and every other year thereafter, through July 1, 2021, the
20	gasoline tax shall be adjusted by the percentage of increase in the Consumer Price Index for all
21	Urban Consumers (CPI-U) as published by the United States Bureau of Labor Statistics determined
22	as of September 30 of the prior calendar year; said adjustment shall be rounded to the nearest one
23	cent ($.01) increment, provided that the total tax shall not be less than provided for in section (a).
24	(d) Beginning July 1, 2025, and every other year thereafter, the gasoline tax shall be
25	adjusted by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-
26	U) as published by the United States Bureau of Labor Statistics determined as of September 30 of
27	the prior calendar year; said adjustment shall be rounded to the nearest one cent ($.01) increment,
28	provided that the total tax shall not be less than provided for in subsection (a).
29	SECTION 2. Sections 44-18-18, 44-18-19, and 44-18-20 of the General Laws in
30	Chapter 44-18 entitled "Sales and Use Taxes – Liability and Computation" are hereby
31	amended to read as follows:
32	44-18-18. Sales tax imposed.
33	A tax is imposed upon sales at retail in this state, including charges for rentals of living
34	quarters in hotels as defined in § 42-63.1-2, rooming houses, or tourist camps, at the rate of six
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1	percent (6%) of the gross receipts of the retailer from the sales or rental charges; provided, that the
2	tax imposed on charges for the rentals applies only to the first period of not exceeding thirty (30)
3	consecutive calendar days of each rental; provided, further, that for the period commencing July 1,
4	1990, the tax rate is seven percent (7%); provided, further, that for the period commencing October
5	1, 2023, the tax rate is six and eighty-five one-hundredths percent (6.85%). The tax is paid to the
6	tax administrator by the retailer at the time and in the manner provided. Excluded from this tax are
7	those living quarters in hotels, rooming houses, or tourist camps for which the occupant has a
8	written lease for the living quarters which lease covers a rental period of twelve (12) months or
9	more.
10	44-18-19. Collection of sales tax by retailer.
11	The retailer shall add the tax imposed by this chapter to the sale price or charge, and when
12	added the tax constitutes a part of the price or charge, is a debt from the consumer or user to the
13	retailer, and is recoverable at law in the same manner as other debts; provided, that the amount of
14	tax that the retailer collects from the consumer or user is as follows:
15	Amount of Sale Amount of Tax
16	$0.01 to $ .08 inclusive No Tax
17	.09 to .24 inclusive .01
18	.25 to .41 inclusive .02
19	.42 to .58 inclusive .03
20	.59 to .74 inclusive .04
21	.75 to .91 inclusive .05
22	.92 to 1.08 inclusive .06
23	and where the amount of the sale is more than one dollar and eight cents ($1.08) the amount
24	of the tax is computed at the rate of six percent (6%); provided, that the amount of tax that the
25	retailer collects from the consumer or user for the period commencing July 1, 1990 is as follows:
26	Amount of Sale Amount of Tax
27	$ 0.01 to $ .07 inclusive No Tax
28	.08 to .21 Inclusive .01
29	.22 to .35 inclusive .02
30	.36 to .49 inclusive .03
31	.50 to .64 inclusive .04
32	.65 to .78 inclusive .05
33	.79 to .92 inclusive .06
34	.93 to 1.07 inclusive .07
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1	and where the amount of the sale is more than one dollar and seven cents ($1.07) the
2	amount of the tax is computed at the rate of seven percent (7%).; provided further, that the amount
3	of tax that the retailer collects from the consumer or user for the period commencing October 1,
4	2023, is as follows:
5	Amount of Sale Amount Tax
6	$ 0.01 to $ .07 inclusive No Tax
7	.08 to .21 inclusive .01
8	.22 to .36 inclusive .02
9	.37 to .51 inclusive .03
10	.52 to .65 inclusive .04
11	.66 to .80 inclusive .05
12	.81 to .94 inclusive .06
13	.95 to 1.09 inclusive .07
14	and where the amount of the sale is more than one dollar and nine cents ($1.09) the amount
15	of the tax is computed at the rate of six and eighty-five one-hundredths percent (6.85%).
16	44-18-20. Use tax imposed.
17	(a) An excise tax is imposed on the storage, use, or other consumption in this state of
18	tangible personal property; prewritten computer software delivered electronically or by load and
19	leave; vendor-hosted prewritten computer software; specified digital products; or services as
20	defined in § 44-18-7.3, including a motor vehicle, a boat, an airplane, or a trailer, purchased from
21	any retailer at the rate of six percent (6%) of the sale price of the property.
22	(b) An excise tax is imposed on the storage, use, or other consumption in this state of a
23	motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle
24	dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent
25	(6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
26	(c) The word "trailer," as used in this section and in § 44-18-21, means and includes those
27	defined in § 31-1-5(a) — (f) and also includes boat trailers, camping trailers, house trailers, and
28	mobile homes.
29	(d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to the
30	imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in any
31	casual sale:
32	(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child
33	of the transferor or seller;
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1	(2) When the transfer or sale is made in connection with the organization, reorganization,
2	dissolution, or partial liquidation of a business entity, provided:
3	(i) The last taxable sale, transfer, or use of the article being transferred or sold was
4	subjected to a tax imposed by this chapter;
5	(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or
6	partner; and
7	(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the
8	provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
9	(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type
10	ordinarily used for residential purposes and commonly known as a house trailer or as a mobile
11	home; or
12	(4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or other
13	general law of this state or special act of the general assembly of this state.
14	(e) The term "casual" means a sale made by a person other than a retailer, provided, that in
15	the case of a sale of a motor vehicle, the term means a sale made by a person other than a licensed
16	motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed under the
17	provisions of subsections (a) and (b) of this section on the storage, use, or other consumption in
18	this state of a used motor vehicle less than the product obtained by multiplying the amount of the
19	retail dollar value at the time of purchase of the motor vehicle by the applicable tax rate; provided,
20	that where the amount of the sale price exceeds the amount of the retail dollar value, the tax is
21	based on the sale price. The tax administrator shall use as his or her guide the retail dollar value as
22	shown in the current issue of any nationally recognized, used-vehicle guide for appraisal purposes
23	in this state. On request within thirty (30) days by the taxpayer after payment of the tax, if the tax
24	administrator determines that the retail dollar value as stated in this subsection is inequitable or
25	unreasonable, he or she shall, after affording the taxpayer reasonable opportunity to be heard, re-
26	determine the tax.
27	(f) Every person making more than five (5) retail sales of tangible personal property or
28	prewritten computer software delivered electronically or by load and leave, or vendor-hosted
29	prewritten computer software, or specified digital products, or services as defined in § 44-18-7.3
30	during any twelve-month (12) period, including sales made in the capacity of assignee for the
31	benefit of creditors or receiver or trustee in bankruptcy, is considered a retailer within the provisions
32	of this chapter.
33	(g) (1) "Casual sale" includes a sale of tangible personal property not held or used by a
34	seller in the course of activities for which the seller is required to hold a seller's permit or permits
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1	or would be required to hold a seller's permit or permits if the activities were conducted in this
2	state, provided that the sale is not one of a series of sales sufficient in number, scope, and character
3	(more than five (5) in any twelve-month (12) period) to constitute an activity for which the seller
4	is required to hold a seller's permit or would be required to hold a seller's permit if the activity were
5	conducted in this state.
6	(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by
7	nonprofit organizations, that are organized for charitable, educational, civic, religious, social,
8	recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6)
9	days duration each calendar year. Each event requires the issuance of a permit by the division of
10	taxation. Where sales are made at events by a vendor that holds a sales tax permit and is not a
11	nonprofit organization, the sales are in the regular course of business and are not exempt as casual
12	sales.
13	(h) The use tax imposed under this section for the period commencing July 1, 1990, is at
14	the rate of seven percent (7%) and corresponding commencement date as set forth in § 44-18-18.
15	SECTION 3. Effective on January 1, 2024, the title of Chapter 44-44 of the General Laws
16	entitled “Taxation of Beverage Containers, Hard-To-Dispose Material and Litter Control
17	Participation Permittee” is hereby amended to read as follows:
18	CHAPTER 44-44
19	Taxation of Beverage Containers, Hard-To-Dispose Material and Litter Control
20	Participation Permittee
21	CHAPTER 44-44
22	TAXATION OF BEVERAGE CONTAINERS AND HARD-TO-DISPOSE
23	MATERIAL
24	SECTION 4. Effective on January 1, 2024, Sections 44-44-2, 44-44-17, 44-44-18,
25	44-44-19, 44-44-20, and 44-44-22 of the General Laws in Chapter 44-44 entitled "Taxation
26	of Beverage Containers, Hard-To-Dispose Material and Litter Control Participation Permittee" are
27	hereby amended to read as follows:
28	44-44-2. Definitions.
29	As used in this chapter:
30	(1) “Beverage” means all non-alcoholic drinks for human consumption, except milk but
31	including beer and other malt beverages.
32	(2) “Beverage container” means any sealable bottle, can, jar, or carton which contains a
33	beverage.
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1	(3) “Beverage retailer” means any person who engages in the sale of a beverage container
2	to a consumer within the state of Rhode Island, including any operator of a vending machine.
3	(4) “Beverage wholesaler” means any person who engages in the sale of beverage
4	containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who
5	engages in those sales.
6	(5) “Case” means:
7	(i) Forty-eight (48) beverage containers sold or offered for sale within this state when each
8	beverage container has a liquid capacity of seven (7) fluid ounces or less;
9	(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when
10	each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or
11	equal to sixteen and nine tenths (16.9) fluid ounces;
12	(iii) Twelve (12) beverage containers sold or offered for sale within this state when each
13	beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but
14	less than thirty-three and nine tenths (33.9) fluid ounces; and
15	(iv) Six (6) beverage containers sold or offered for sale within this state when each
16	beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more.
17	(6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.
18	(7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.
19	(8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.
20	(9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.
21	(10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.
22	(11)(6) “Consumer” means any person who purchases a beverage in a beverage container
23	for use or consumption with no intent to resell that filled beverage container.
24	(12) “Gross receipts” means those receipts reported for each location to the tax
25	administrator included in the measure of tax imposed under chapter 18 of this title, as amended.
26	For those persons having multiple locations’ receipts reported to the tax administrator the “gross
27	receipts” to be aggregated shall be determined by each individual sales tax permit number. The
28	term gross receipts shall be computed without deduction for retail sales of items in activities other
29	than those which this state is prohibited from taxing under the constitution of the United States.
30	(713) “Hard-to-dispose material” is as defined in § 37-15.1-3.
31	(814) “Hard-to-dispose material retailer” means any person who engages in the retail sale
32	of hard-to-dispose material (as defined in § 37-15.1-3) in this state.
33	(915) “Hard-to-dispose material wholesaler” means any person, wherever located, who
34	engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in
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1	this state (including manufacturers, refiners, and distributors and retailers), and to other persons as
2	defined above.
3	(106) “New vehicle” means any mode of transportation for which a certificate of title is
4	required pursuant to title 31 and for which a certificate of title has not been previously issued in
5	this state or any other state or country.
6	(117) “Organic solvent” is as defined in § 37-15.1-3.
7	(128) “Person” means any natural person, corporation, partnership, joint venture,
8	association, proprietorship, firm, or other business entity.
9	(19) “Prior calendar year” means the period beginning with January 1 and ending with
10	December 31 immediately preceding the permit application due date.
11	(20) “Qualifying activities” means selling or offering for retail sale food or beverages for
12	immediate consumption and/or packaged for sale on a take out or to go basis regardless of whether
13	or not the items are subsequently actually eaten on or off the vendor’s premises.
14	(1321) “Vending machine” means a self-contained automatic device that dispenses for sale
15	foods, beverages, or confection products.
16	44-44-17. Deficiency determination — Determination without return.
17	If any hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or
18	beverage wholesaler or litter control participation permittee fails to file a return or application or to
19	keep records described in § 44-44-8, or if the tax administrator is not satisfied with the amount of
20	taxes or fees paid to him or her, the tax administrator may compute and determine the amount
21	required by this chapter to be paid to him or her upon the basis of the facts contained in the returns
22	or applications which have been filed or upon the basis of any information in the tax administrator’s
23	possession or that may come into his or her possession.
24	44-44-18. Notice of determination.
25	The tax administrator shall give written notice of his or her determination to the beverage
26	wholesaler or litter control participation permittee or hard-to-dispose material wholesaler or hard-
27	to-dispose material retailer or person. Except in the case of fraud or failure to make a return, or
28	noncompliance with § 44-44-8, every notice of determination shall be mailed within three (3) years
29	of the date the taxes first became due. The amount of this determination shall bear interest at the
30	rate prescribed in § 44-1-7 from the date when taxes should have been paid until the date of
31	payment.
32	44-44-19. Payment of refunds.
33	Whenever the tax administrator shall determine that any beverage wholesaler or hard-to-
34	dispose material wholesaler or hard-to-dispose material retailer or person or litter control
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1	participation permittee is entitled to a refund of any moneys paid under the provisions of this
2	chapter, or whenever a court of competent jurisdiction orders a refund of any moneys paid, the
3	general treasurer shall, upon certification by the tax administrator, pay the refund from any moneys
4	in the litter control account or hard-to-dispose material account other than those moneys already
5	appropriated for the administration of the taxes and programs entitled by this chapter and § 37-15-
6	13; provided, that no refund shall be allowed unless a claim for a refund is filed with the tax
7	administrator within three (3) years from the date the overpayment was made. Every claim for a
8	refund shall be made in writing, shall be in a form, and shall present only information that the tax
9	administrator may, by regulation, require. Within thirty (30) days after disallowing any claim in
10	whole or in part the tax administrator shall give written notice of his or her decision to the beverage
11	wholesaler or hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or
12	litter control participation permittee. A refund of less than ten dollars ($10.00) will not be
13	processed, but may be credited to the following month’s return without interest.
14	44-44-20. Hearing on application by beverage wholesaler or litter control
15	participation permittee.
16	Any person aggrieved by any assessment or decision of the tax administrator shall notify
17	the tax administrator and request a hearing, in writing, within thirty (30) days from the date of
18	mailing of the assessment or decision. The tax administrator or a hearing officer designated by the
19	tax administrator shall, as soon as practicable, fix a time and place for the hearing and, after the
20	hearing, determine the correct amount of the tax and interest.
21	44-44-22. Information confidential.
22	It shall be unlawful for any state official or employee to divulge or to make known to any
23	person in any manner not provided by law the amount or source of income, profits, losses,
24	expenditures, or any particular of these set forth or disclosed in any return, permit application or
25	other record required under this chapter, or to permit any return, permit application, or other record
26	required by this chapter or copy of a record, or any book containing any abstract or particulars to
27	be seen or examined by any person except as provided by law. Any offense against this provision
28	shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not
29	exceeding one year, or both, at the discretion of the court.
30	SECTION 5. Effective on January 1, 2024, Sections 44-44-3.1, 44-44-3.2, 44-44-3.3, 44-
31	44-3.4, and 44-44-3.5 of the General Laws in Chapter 44-44 entitled "Taxation of Beverage
32	Containers, Hard-To-Dispose Material and Litter Control Participation Permittee" are hereby
33	repealed.
34	44-44-3.1. Permit required.
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1	Commencing August 1, 1988, every person engaging in, or desiring to engage in activities
2	described in § 44-44-2(20), shall annually file an application with the tax administrator for a litter
3	control participation permit, hereinafter called a “permit”, for each place of business in Rhode
4	Island. In those cases where the only qualifying activity is the operation of vending machines, the
5	person shall either obtain a Class A permit for each vending machine or obtain a permit based on
6	total gross receipts. All applications shall be in a form, including information and bearing signatures
7	that the tax administrator may require. At the time of making an application, the applicant shall pay
8	the tax administrator a permit fee based as follows:
9	(1) For the applicant whose gross receipts for the prior calendar year measured less than
10	fifty thousand dollars ($50,000), a fee of twenty-five dollars ($25.00);
11	(2) For the applicant whose gross receipts for the prior calendar year measured at least fifty
12	thousand dollars ($50,000), but less than one hundred thousand dollars ($100,000), a fee of thirty-
13	five dollars ($35.00);
14	(3) For the applicant whose gross receipts for the calendar year measured at least one
15	hundred thousand dollars ($100,000), but less than four hundred thousand dollars ($400,000), a fee
16	of seventy-five dollars ($75.00);
17	(4) For the applicant whose gross receipts for the prior calendar year measured at least four
18	hundred thousand dollars ($400,000), but less than one million dollars ($1,000,000), a fee of one
19	hundred dollars ($100); and
20	(5) For the applicant whose gross receipts for the prior calendar year measured one million
21	dollars ($1,000,000) or more, a fee of one hundred twenty-five dollars ($125) for each one million
22	dollars ($1,000,000) or fraction of this amount. The fee in this subdivision shall not exceed the sum
23	of one thousand dollars ($1,000) for each permit at each place of business in Rhode Island when
24	the “qualifying activities” referred to in this section and defined in § 44-44-2(20) and the sale of
25	food products do not exceed ten percent (10%) of the gross receipts for each permit.
26	44-44-3.2. Penalty for operation without a permit — Injunctive relief.
27	(a) Any person who engages (or the officer of a corporation engaged) in activities described
28	in § 44-44-2(20) without the permit required by this chapter shall be guilty of a misdemeanor and
29	shall, for each offense, be fined not more than one thousand dollars ($1,000), or be imprisoned for
30	not more than one year, or punished by both a fine and imprisonment. Each day in which a person
31	is so engaged shall constitute a separate offense.
32	(b) The superior court of this state shall have jurisdiction of restraining any person from
33	engaging in activities described in § 44-44-2(20) without the proper permit as prescribed in this
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1	chapter. The tax administrator may institute proceedings to prevent and restrain violations of this
2	chapter.
3	44-44-3.3. Partial periods.
4	(a)(1) Each applicant which did not do business at a particular location during the prior
5	calendar year for the purposes of determining the proper fee in accordance with § 44-44-3.1 may,
6	for application purposes, only apply for a Class A permit for that location.
7	(2) For purposes of this section, the term “applicant” shall not include any person who
8	purchases an ongoing business and continues to operate the same type of business from the same
9	location without interruption of thirty (30) days or more immediately following the purchase of the
10	business.
11	(b) Any permittee ceasing business at a location before the annual expiration date of permit
12	shall return the permit to the tax administrator for cancellation.
13	(c) The fees set forth in § 44-44-3.1 are neither proratable nor refundable for partial periods
14	of operation at a specific location.
15	(d) A person who purchases an ongoing business and continues to operate the business in
16	the same location in a calendar year for which the prior permit holder has paid the applicable fee
17	may obtain a permit for the remainder of that calendar year upon payment of a twenty-five dollar
18	($25.00) fee.
19	44-44-3.4. Issuance of permit — Assignment prohibited — Display.
20	Upon receipt of the required application and permit fee, the tax administrator shall issue to
21	the applicant a separate permit for each location in Rhode Island. A permit is not assignable and is
22	valid only for the person in whose name it was issued and only for the business location shown in
23	the permit. It shall at all times be conspicuously displayed at the location for which it was issued.
24	44-44-3.5. Application due date — Weekends and holidays — Mailing.
25	(a) Each applicant shall apply for a permit prior to engaging in the activities described in §
26	44-44-2(20) for each location in Rhode Island and, after this, shall annually reapply on or before
27	August 1 of each year.
28	(b) When the application due date, or any other due date for activity by an applicant or
29	permittee, falls on a Saturday, Sunday, or Rhode Island legal holiday, the application or activity
30	will be considered timely if it is performed on the next succeeding day which is not a Saturday,
31	Sunday, or Rhode Island legal holiday.
32	(c) When any application, payment or other document required to be filed on or before a
33	prescribed date set forth in this chapter is delivered after the required date by United States Post
34	Office to the tax administrator, office, officer, or person with which or with whom the document is
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1	required to be filed, the date on which the document is dated by the post office shall be deemed to
2	be the date of delivery. This subsection shall apply only if the document was, within the prescribed
3	time, deposited in the mail with United States postage prepaid and properly addressed.
4	SECTION 6. Sections 1 and 2 of this article shall take effect upon passage. Sections 3
5	through 5 shall take effect on January 1, 2024.
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1	ARTICLE 5
2	RELATING TO ENERGY AND THE ENVIRONMENT
3	SECTION 1. Sections 23-24.12-2 and 23-24.12-3 of the General Laws in Chapter 23-24.12
4	entitled “Proper Management of Unused Paint” are hereby amended to read as follows:
5	23-24.12-2. Management of unused architectural paint — Definitions.
6	(1) “Architectural paint” means interior and exterior architectural coatings sold in
7	containers of five (5) gallons or less. Architectural paint does not include industrial, original
8	equipment or specialty coatings.
9	(2) “Department” means the department of environmental management.
10	(3) “Director” means the director of the department of environmental management.
11	(4) “Distributor” means a company that has a contractual relationship with one or more
12	producers to market and sell architectural paint to retailers in this state.
13	(5) “Environmentally sound management practices” means procedures for the collection,
14	storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by
15	the representative implementing organization or such representative implementing organization’s
16	contracted partners to ensure compliance with all applicable federal, state and local laws,
17	regulations and ordinances and the protection of human health and the environment.
18	Environmentally sound management practices include, but are not limited to, record keeping, the
19	tracking and documenting of the use and disposition of post-consumer paint in and outside of this
20	state, and environmental liability coverage for professional services and for the operations of the
21	contractors working on behalf of the representative implementing organization.
22	(6) “Paint stewardship assessment” means the amount added to the purchase price of
23	architectural paint sold in this state that is necessary to cover the cost of collecting, transporting
24	and processing post-consumer paint by the representative implementing organization pursuant to
25	the paint stewardship program.
26	(7) “Post-consumer paint” means architectural paint that is not used and that is no longer
27	wanted by a purchaser of architectural paint.
28	(8) “Producer” means a manufacturer of architectural paint who sells, offers for sale,
29	distributes or contracts to distribute architectural paint in this state.
30	(9) “Recycling” means any process by which discarded products, components and by-
31	products are transformed into new, usable or marketable materials in a manner in which the original
32	products may lose their identity.
33	(10) “Representative Implementing organization” means the nonprofit organization created
34	by producers selected by the department to implement the paint stewardship program described in
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1	§ 23-24.11-3 23-24.12-3.
2	(11) “Retailer” means any person who offers architectural paint for sale at retail in this
3	state.
4	(12) “Reuse” means the return of a product into the economic stream for use in the same
5	kind of application as the product was originally intended to be used, without a change in the
6	product’s identity.
7	(13) “Sell” or “sale” means any transfer of title for consideration including, but not limited
8	to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar
9	electronic means.
10	23-24.12-3. Establishment of paint stewardship program.
11	(a) On or before March 1, 2014, each producer shall join the representative organization
12	and such representative organization shall submit a plan for the establishment of a paint stewardship
13	program to the department for approval. The program shall minimize the public sector involvement
14	in the management of post-consumer paint by reducing the generation of post-consumer paint,
15	negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an
16	appropriately licensed facility post-consumer paint using environmentally sound management
17	practices. No later than December 31, 2023, and every five years thereafter, the department shall
18	issue a solicitation seeking an organization or entity to implement and administer the paint
19	stewardship program as described in this section. The solicitation shall be competitive and
20	administered consistent with state procurement law. The paint stewardship program in effect at the
21	time that this statute is enacted shall remain in effect until such time as an organization or entity is
22	selected by the department to administer the program.
23	(b) The program shall also provide for convenient and available state-wide collection of
24	post-consumer paint that, at a minimum, provides for collection rates and convenience greater than
25	the collection programs available to consumers prior to such paint stewardship program; propose a
26	paint stewardship assessment; include a funding mechanism that requires each producer who
27	participates in the representative organization to remit to the representative organization payment
28	of the paint stewardship assessment for each container of architectural paint sold within the state;
29	include an education and outreach program to help ensure the success of the program; and, work
30	with the department and Rhode Island commerce corporation to identify ways in which the state
31	can motivate local infrastructure investment, business development and job creation related to the
32	collection, transportation and processing of post-consumer paint. Each proposal submitted to the
33	department shall include, at a minimum, the following elements:
34	(1) Recommendations to minimize the public sector involvement in the management of
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1	post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to
2	collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed
3	facility post-consumer paint using environmentally sound management practices.
4	(2) A proposed program that will provide for convenient and available state-wide collection
5	of post-consumer paint that, at a minimum, provides for collection rates and convenience greater
6	than the collection programs available to consumers prior to such paint stewardship program;
7	propose a paint stewardship assessment; include a funding mechanism that requires each producer
8	to remit to the implementing organization payment of the paint stewardship assessment for each
9	container of architectural paint sold within the state; include an education and outreach program to
10	help ensure the success of the program; and, work with the department and Rhode Island commerce
11	corporation to identify ways in which the state can motivate local infrastructure investment,
12	business development and job creation related to the collection, transportation and processing of
13	post-consumer paint.
14	(c) The plan submitted to the department pursuant to this section shall Each proposal shall
15	also:
16	(1) Identify each producer participating that will participate in the paint stewardship
17	program and the brands of architectural paint sold in this state covered by the program;
18	(2) Identify how the representative implementing organization will provide convenient,
19	statewide accessibility to the program;
20	(3) Set forth the process by which an independent auditor will be selected and identify the
21	criteria used by the representative implementing organization in selecting an independent auditor;
22	(4) Identify, in detail, the educational and outreach program that will be implemented to
23	inform consumers and retailers of the program and how to participate;
24	(5) Identify the methods and procedures under which the paint stewardship program will
25	be coordinated with the Rhode Island resource recovery corporation;
26	(6) Identify, in detail, the operational plans for interacting with retailers on the proper
27	handling and management of post-consumer paint;
28	(7) Include the proposed, audited paint assessment as identified in this section;
29	(8) Include the targeted annual collection rate; and
30	(9) Include a description of the intended treatment, storage, transportation and disposal
31	options and methods for the collected post-consumer paint.; and
32	(10) Be accompanied by a fee in the amount of two thousand five hundred dollars ($2,500)
33	to be deposited into the environmental response fund to cover the review of said plan by the
34	department.
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1	(d) Not later than sixty (60) days after submission of a plan pursuant to this section, the
2	department shall make a determination whether to:
3	(1) Approve the plan as submitted;
4	(2) Approve the plan with conditions; or
5	(3) Deny the plan.
6	(e) Not later than three (3) months after the date the plan is approved, the representative
7	organization shall implement the paint stewardship program.
8	(fd) On or before March 1, 2014, the representative organization Each proposal shall
9	propose a uniform paint stewardship assessment for all architectural paint sold in this state. The
10	proposed paint stewardship assessment shall be sufficient to cover the costs of administering the
11	program. The assessment may also be used to create a reserve fund, provided that such reserve fund
12	shall not exceed 50% of projected program costs in any given year. If the reserve fund is projected
13	to exceed 50% of projected program costs, the implementing organization shall immediately
14	propose to the department an amendment to the approved plan which will reduce the paint
15	stewardship assessment in the following calendar year by an amount sufficient to cause the reserve
16	fund to not exceed 50% of projected program costs. The department shall have the authority to cap
17	administrative expenses at a percentage of program costs as part of any contract awarded to
18	administer the paint stewardship program. Such proposed paint stewardship assessment shall be
19	reviewed by an independent auditor to assure that such assessment is consistent with the budget of
20	the paint stewardship program described in this section and such independent auditor shall
21	recommend an amount for such paint stewardship assessment to the department. The department
22	shall be responsible for the approval of such paint stewardship assessment based upon the
23	independent auditor’s recommendation. If the paint stewardship assessment previously approved
24	by the department pursuant to this section is proposed to be changed, the representative
25	organization shall submit the new, adjusted uniform paint stewardship assessment to an
26	independent auditor for review. After such review has been completed, the representative
27	organization shall submit the results of said auditor’s review and a proposal to amend the paint
28	stewardship assessment to the department for review. The department shall review and approve, in
29	writing, the adjusted paint stewardship assessment before the new assessment can be implemented.
30	Any proposed changes to the paint stewardship assessment shall be submitted to the department no
31	later than sixty (60) days prior to the date the representative organization anticipates the adjusted
32	assessment to take effect.
33	(ge) On and after the date of implementation of the paint stewardship program pursuant to
34	this section, the paint stewardship assessment shall be added to the cost of all architectural paint
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1	sold to retailers and distributors in this state by each producer. On and after such implementation
2	date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship
3	assessment to the purchase price of all architectural paint sold in this state.
4	(hf) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant
5	to such paint stewardship program and in accordance with any applicable provision of law or
6	regulation.
7	(ig) Each producer and the representative implementing organization shall be immune from
8	liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a
9	violation of antitrust law, to the extent such producer or representative implementing organization
10	is exercising authority pursuant to the provisions of this section.
11	(jh) Not later than the implementation date of the paint stewardship program, the
12	department shall list the names of participating producers the brands of architectural paint covered
13	by such paint stewardship program and the cost of the approved paint stewardship assessment on
14	its website.
15	(ki)(1) On and after the implementation date of the paint stewardship program, no producer,
16	distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the
17	producer of such architectural paint is not a member of paint stewardship assessment is not
18	collected and remitted to the representative implementing organization.
19	(2) No retailer or distributor shall be found to be in violation of the provisions of this section
20	if, on the date the architectural paint was ordered from the producer or its agent, the producer or
21	the subject brand of architectural paint was listed on the department’s website in accordance with
22	the provisions of this section.
23	(lj) Producers or the representative implementing organization shall provide retailers with
24	educational materials regarding the paint stewardship assessment and paint stewardship program
25	to be distributed at the point of sale to the consumer. Such materials shall include, but not be limited
26	to, information regarding available end-of-life management options for architectural paint offered
27	through the paint stewardship program and information that notifies consumers that a charge for
28	the operation of such paint stewardship program is included in the purchase price of all architectural
29	paint sold in this state.
30	(mk) On or before October 15, 2015, and annually thereafter, the representative
31	implementing organization shall submit a report to the director of the department of environmental
32	management that details the paint stewardship program. Said report shall include a copy of the
33	independent audit detailed in subdivision (4) below. Such annual report shall include, but not be
34	limited to:
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1	(1) A detailed description of the methods used to collect, transport and process post-
2	consumer paint in this state;
3	(2) The overall volume of post-consumer paint collected in this state;
4	(3) The volume and type of post-consumer paint collected in this state by method of
5	disposition, including reuse, recycling and other methods of processing or disposal;
6	(4) The total cost of implementing the program, as determined by an independent financial
7	audit, as performed by an independent auditor;
8	(5) An evaluation of the adequacy of the program’s funding mechanism;
9	(6) Samples of all educational materials provided to consumers of architectural paint and
10	participating retailers; and
11	(7) A detailed list of efforts undertaken and an evaluation of the methods used to
12	disseminate such materials including recommendations, if any, for how the educational component
13	of the program can be improved.
14	(nl) The representative implementing organization shall may update the plan, as needed,
15	when there are changes proposed to the current program. An new plan or amendment to the existing
16	plan will be required to be submitted to the department for approval when:
17	(1) There is a proposed change to the amount of the assessment; or
18	(2) There is an addition to the products covered under the program; or
19	(3) There is a revision of the product stewardship organization’s goals.: or
20	(4) Every four (4) years, if requested, in writing, by the department the representative
21	organization shall notify the department annually, in writing, if there are no changes proposed to
22	the program and the representative organization intends to continue implementation of the program
23	as previously approved by the department.
24	(m) Upon selection of a new implementing organization to administer the paint stewardship
25	program, the program shall be audited by the independent auditor and, upon certification of the
26	audit by the department, any funds held by the previous implementing organization shall be
27	immediately transferred to the department. These funds shall then be transferred by the department
28	to the new implementing organization for use in administering the approved paint stewardship
29	program.
30	(n) If there are no respondents to the solicitation required by this section, or the department
31	determines that none of the responses are sufficient to meet the requirements of this section, the
32	Rhode Island resource recovery corporation established pursuant to § 23-19 et. seq. shall serve as
33	the implementing organization, as defined in this chapter, until such time as another solicitation is
34	required to occur by this section.
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1	SECTION 2. Sections 23-90-2, 23-90-3, 23-90-5, 23-90-6, 23-90-8, 23-90-10 of the
2	General Laws in Chapter 23-90 entitled “Responsible Recycling, Reuse and Disposal of
3	Mattresses” are hereby amended to read as follows:
4	23-90-2. Findings.
5	The general assembly hereby finds and declares that:
6	(1) It is in the best interest of this state for providers of mattresses sold in Rhode Island to
7	take responsibility for reducing the environmental and financial impacts of a mattress over its life
8	cycle, from design to management after the end of a mattress’s useful life;
9	(2) It is in the best interest of this state to reduce illegal dumping of discarded mattresses
10	and determine a process for minimizing costs incurred by Rhode Island’s cities and towns for the
11	management of discarded mattresses; and
12	(3) It is in the best interest of this state for producers to develop a statewide product
13	stewardship system that serves urban and rural areas in Rhode Island and provides cost-effective,
14	convenient opportunities for the collection, transportation, recovery and safe management of
15	discarded products.
16	23-90-3. Definitions.
17	As used in this chapter, the following words shall, unless the context clearly requires
18	otherwise, have the following meanings:
19	(1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer
20	of such mattress.
21	(2) “Covered entity” means any political subdivision of the state, any mattress retailer, any
22	permitted transfer station, any waste to energy facility, any healthcare facility, any educational
23	facility, any correctional facility, any military base, or any commercial or non profit lodging
24	establishment that possesses a discarded mattress that was discarded in this state. Covered entity
25	does not include any renovator, refurbisher or any person who transports a discarded mattress.
26	(3) “Consumer” means an individual who is also a resident of this state.
27	(4) “Corporation” means the Rhode Island Resource Recovery Corporation.
28	(5) “Corporation Director” means the executive director of the Rhode Island Resource
29	Recovery Corporation.
30	(6) “Council” or “mattress recycling council” means the state wide, non-profit organization
31	created by producers, or created by any trade association that represents producers, who account
32	for a majority of mattress production in the United States to design, submit, and implement the
33	mattress stewardship plan as described in this chapter.
34	(76) “Discarded mattress” means any mattress that a consumer intends to discard, has
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1	discarded, or that is abandoned.
2	(87) “Energy recovery” means the process by which all or a portion of solid waste materials
3	are processed or combusted in order to utilize the heat content or other forms of energy derived
4	from such solid waste materials.
5	(98) “Foundation” means any ticking-covered structure that is used to support a mattress
6	and that is composed of one or more of the following: A constructed frame, foam, or a box spring.
7	“Foundation” does not include any bed frame or base made of wood, metal, or other material that
8	rests upon the floor and that serves as a brace for a mattress.
9	(9) “Implementing organization” means the organization or entity selected by the resource
10	recovery corporation to administer the mattress stewardship program.
11	(10) “Mattress” means any resilient material, or combination of materials, that is enclosed
12	by ticking, used alone or in combination with other products, and that is intended for, or promoted
13	for, sleeping upon. “Mattress” includes any foundation, renovated foundation, or renovated
14	mattress.
15	“Mattress” does not include any of the following:
16	(i) An unattached mattress pad, an unattached mattress topper, including any item with
17	resilient filling, with or without ticking, that is intended to be used with, or on top of a mattress;
18	(ii) A sleeping bag, pillow;
19	(iii) A crib or bassinet mattress, car bed;
20	(iv) Juvenile products, including: a carriage, basket, dressing table, stroller, playpen, infant
21	carrier, lounge pad, crib bumper, and the pads for those juvenile products;
22	(v) A product that contains liquid- or gaseous-filled ticking, including any water bed or air
23	mattress that does not contain upholstery material between the ticking and the mattress core;
24	(vi) Any upholstered furniture that does not contain a detachable mattress; or
25	(vii) A fold-out sofa bed or futon.
26	(11) “Mattress core” means the main support system that is present in a mattress, including,
27	but not limited to: springs, foam, air bladder, water bladder, or resilient filling.
28	(12) “Mattress recycling council” or “council” means the organization created by producers
29	to design, submit, and implement the mattress stewardship program described in § 23-90-5.
30	(1312) “Mattress stewardship fee” means the amount added to the purchase price of a
31	mattress sold in this state that is necessary to cover the cost of collecting, transporting, and
32	processing discarded mattresses by the council pursuant to the mattress stewardship program.
33	(1413) “Mattress stewardship program” or “program” means the state wide, program
34	described in § 23-90-5 and implemented pursuant to the mattress stewardship plan as approved by
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1	the corporation director.
2	(1514) “Mattress topper” means any item that contains resilient filling, with or without
3	ticking, that is intended to be used with or on top of a mattress.
4	(1615) “Performance goal” means a metric proposed by the council, to measure, on an
5	annual basis, the performance of the mattress stewardship program, taking into consideration
6	technical and economic feasibilities, in achieving continuous, meaningful improvement in
7	improving the rate of mattress recycling in the state and any other specified goal of the program.
8	(1716) “Producer” means any person who manufactures or renovates a mattress that is sold,
9	offered for sale, or distributed in the state under the manufacturer’s own name or brand. “Producer”
10	includes:
11	(i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or
12	distributed in this state, whether or not such trademark or brand is registered in this state; and
13	(ii) Any person who imports a mattress into the United States that is sold or offered for sale
14	in this state and that is manufactured or renovated by a person who does not have a presence in the
15	United States;
16	(1817) “Recycling” means any process in which discarded mattresses, components, and
17	by-products may lose their original identity or form as they are transformed into new, usable, or
18	marketable materials. “Recycling” does not include as a primary process the use of incineration for
19	energy recovery or energy generation by means of combustion.
20	(1918) “Renovate” or “renovation” means altering a mattress for the purpose of resale and
21	includes any one, or a combination of, the following: Replacing the ticking or filling, adding
22	additional filling, rebuilding a mattress, or replacing components with new or recycled materials.
23	“Renovate” or “renovation” does not include the:
24	(i) Stripping of a mattress of its ticking or filling without adding new material;
25	(ii) Sanitization or sterilization of a mattress without otherwise altering the mattress; or
26	(iii) Altering of a mattress by a renovator when a person retains the altered mattress for
27	personal use, in accordance with regulations of the department of business regulation.
28	(2019) “Renovator” means a person who renovates discarded mattresses for the purpose of
29	reselling such mattresses in a retail store.
30	(2120) “Retailer” means any person who sells mattresses in this state or offers mattresses
31	in this state to a consumer through any means, including, but not limited to, remote offerings such
32	as sales outlets, catalogs, or the internet.
33	(2221) “Sanitization” means the direct application of chemicals to a mattress to kill human
34	disease-causing pathogens.
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1	(2322) “ Sale” means the transfer of title of a mattress for consideration, including through
2	the use of a sales outlet, catalog, internet website, or similar electronic means.
3	(2423) “Sterilization” means the mitigation of any deleterious substances or organisms
4	including human disease-causing pathogens, fungi, and insects from a mattress or filling material
5	using a process approved by the department of business regulation.
6	(2524) “Ticking” means the outermost layer of fabric or material of a mattress. “Ticking”
7	does not include any layer of fabric or material quilted together with, or otherwise attached to, the
8	outermost layer of fabric or material of a mattress.
9	(2625) “Upholstery material” means all material, loose or attached, between the ticking
10	and the core of a mattress.
11	(2726) “Wholesaler” means any person who sells or distributes mattresses in the state, in a
12	nonretail setting, for the purpose of the resale of such mattresses.
13	23-90-5. Mattress stewardship plan.
14	(a) On or before July 1, 2015 December 31, 2023, and every five years thereafter, the
15	mattress stewardship council corporation shall submit a mattress stewardship plan for the
16	establishment of a mattress stewardship program to the corporation director for approval issue a
17	solicitation consistent with state procurement law to identify an implementing organization to
18	administer the mattress stewardship program.
19	(b) The plan Responses to the solicitation submitted pursuant to subsection (a) of this
20	section shall, to the extent it is technologically feasible and economically practical:
21	(1) Identify each producer’s participation in the program;
22	(2) Describe the fee structure for the program and propose a uniform stewardship fee that
23	is sufficient to cover the costs of operating and administering the program;
24	(3) Establish performance goals for the first two (2) years of the program;
25	(4) Identify proposed recycling facilities to be used by the program, such facilities shall not
26	require a solid waste management facilities license;
27	(5) Detail how the program will promote the recycling of discarded mattresses;
28	(6) Include a description of the public education program;
29	(7) Describe fee-disclosure language that retailers will be required to prominently display
30	that will inform consumers of the amount and purpose of the fee; and
31	(8) Identify the methods and procedures to facilitate implementation of the mattress
32	stewardship program in coordination with the corporation director and municipalities.
33	(c) Not later than ninety (90) days after submission of the plan pursuant to this section, the
34	corporation shall make a determination whether to:
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1	(1) Approve the plan as submitted; or
2	(2) Deny the plan.
3	(d) The corporation director shall approve the plan for the establishment of the mattress
4	stewardship program, provided such plan reasonably meets the requirements of this section. Prior
5	to making such determination, the corporation director shall post the plan for at least thirty (30)
6	days, in accordance with the “Administrative Procedures Act” as set forth in chapter 35 of title 42,
7	on the corporation’s website and solicit public comments on the plan to be posted on the website.
8	(ec) In the event that the corporation does not select a respondent to administer the mattress
9	stewardship program, or the director of the corporation determines that the corporation can
10	administer a mattress stewardship program at lower cost to the consumer, then the corporation shall
11	administer a mattress stewardship program consistent with the requirements of this chapter. In such
12	cases, the corporation shall assume all duties and responsibilities of the implementing organization,
13	as defined in this chapter, and shall administer the mattress stewardship program until such time as
14	a new implementing organization is selected pursuant to the solicitation required by this section to
15	occur every five years. director denies the plan, the corporation director shall provide a notice of
16	determination to the council, within sixty (60) days, detailing the reasons for the disapproval. The
17	council shall revise and resubmit the plan to the corporation director not later than forty-five (45)
18	days after receipt of notice of the corporation director’s denial notice. Not later than forty-five (45)
19	days after receipt of the revised plan, the corporation director shall review and approve or deny the
20	revised plan. The council may resubmit a revised plan to the corporation director for approval on
21	not more than two (2) occasions. If the council fails to submit a plan that is acceptable to the
22	corporation director, because it does not meet the criteria pursuant to subdivisions (b)(1-8), the
23	corporation director shall have the ability to modify the submitted plan and approve it. Not later
24	than one hundred twenty (120) days after the approval of a plan pursuant to this section, the council
25	shall implement the mattress stewardship program.
26	(fd) It is the responsibility of the council implementing organization to:
27	(1) Notify the corporation director whenever there is a proposed substantial change to the
28	program. If the corporation director takes no action on a proposed substantial change within ninety
29	(90) days after notification of the proposed change, the proposed change shall be deemed approved.
30	For the purposes of this subdivision, “substantial change” shall include, but not be limited to:
31	(i) A change in the processing facilities to be used for discarded mattresses collected
32	pursuant to the program; or
33	(ii) A material change to the system for collecting mattresses.
34	(2) Not later than October 1, 2017, the council shall submit to the corporation director for
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1	review, updated performance goals that are based on the experience of the program during the first
2	two (2) years of the program.
3	(ge) The council implementing organization shall notify the corporation director of any
4	other changes to the program on an ongoing basis, whenever they occur, without resubmission of
5	the plan to the corporation director for approval. Such changes shall include, but not be limited to,
6	a change in the composition, officers, or contact information of the council.
7	(h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose
8	a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform
9	fee more frequently than once every two (2) years if the council determines such change is needed
10	to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent
11	auditor to ensure that such assessment does not exceed the costs of the mattress stewardship
12	program described in subsection (b) of this section and to maintain financial reserves sufficient to
13	operate the program over a multi-year period in a fiscally prudent and responsible manner. Not
14	later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall
15	render an opinion to the corporation director as to whether the proposed mattress stewardship fee
16	is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress
17	stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90)
18	days after the auditor notifies the corporation director that the fee is reasonable. If the auditor
19	concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council
20	with written notice explaining the auditor’s opinion. Specific documents or information provided
21	to the auditor by the council, along with any associated internal documents or information held by
22	the council, shall be made available to the corporation for its review upon request but shall not be
23	made public if the documents and information contain trade secrets or commercial or financial
24	information of a privileged or confidential nature, pursuant to chapter 2 of title 38 (“access to public
25	records”). Not later than fourteen (14) days after the council’s receipt of the auditor’s opinion, the
26	council may either propose a new mattress stewardship fee, or provide written comments on the
27	auditor’s opinion. If the auditor concludes that the fee is not reasonable, the corporation director
28	shall decide, based on the auditor’s opinion and any comments provided by the council, whether to
29	approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The
30	cost of any work performed by such auditor pursuant to the provisions of this subsection and
31	subsection (i) of this section shall be funded by the council.
32	(if)(1) On and after the implementation of the mattress stewardship program, each retailer
33	shall add the amount of the fee established pursuant to subsection (b) of this section and described
34	in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee
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1	shall be remitted by the retailer to the council implementing organization. The council
2	implementing organization may, subject to the corporation director’s approval, establish an
3	alternative, practicable means of collecting or remitting such fee.
4	(2) On and after the implementation date of the mattress stewardship program, no producer,
5	distributor, or retailer shall sell or offer for sale a mattress to any person in the state if the producer
6	is not a member participant in of the mattress stewardship program administered by the council
7	implementing organization.
8	(3) No retailer or distributor shall be found to be in violation of the provisions of this
9	section, if, on the date the mattress was ordered from the producer or its agent, the producer of said
10	mattress was listed on the corporation’s website in accordance with the provisions of this chapter.
11	(jg) Not later than October 1, 2016, and annually thereafter, the council implementing
12	organization shall submit an annual report to the corporation director. The corporation director shall
13	post such annual report on the corporation’s website. Such report shall include, but not be limited
14	to:
15	(1) The weight of mattresses collected pursuant to the program from:
16	(i) Municipal and/or transfer stations;
17	(ii) Retailers; and
18	(iii) All other covered entities;
19	(2) The weight of mattresses diverted for recycling;
20	(3) Identification of the mattress recycling facilities to which mattresses were delivered for
21	recycling;
22	(4) The weight of discarded mattresses recycled, as indicated by the weight of each of the
23	commodities sold to secondary markets;
24	(5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:
25	(i) Rhode Island resource recovery corporation; and
26	(ii) Any other facilities;
27	(6) Samples of public education materials and methods used to support the program;
28	(7) A description of efforts undertaken and evaluation of the methods used to disseminate
29	such materials;
30	(8) Updated performance goals and an evaluation of the effectiveness of the methods and
31	processes used to achieve performance goals of the program; and
32	(9) Recommendations for any changes to the program.
33	(kh) Two (2) years after the implementation of the program and upon the request of the
34	corporation director, but not more frequently than once a year, the council implementing
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1	organization shall cause an audit of the program to be conducted by the auditor described in
2	subsection (h) of this section an independent auditor selected by the implementing organization.
3	Such audit shall review the accuracy of the council’s implementing organization’s data concerning
4	the program and provide any other information requested by the corporation director. Such audit
5	shall be paid for by the council implementing organization. The council implementing organization
6	shall maintain all records relating to the program for not less than three (3) years.
7	(li) No covered entity that participates in the program shall charge for receipt of mattresses
8	generated in the state. Covered entities may charge a fee for providing the service of collecting
9	mattresses and may restrict the acceptance of mattresses by number, source, or physical condition.
10	(mj) Covered entities that, upon the date of this act’s passage, have an existing program for
11	recycling discarded mattresses may continue to operate such program without coordination of the
12	council, so long as the entities are able to demonstrate, in writing, to the corporation director that
13	the facilities to which discarded mattresses are delivered are engaged in the business of recycling
14	said mattresses and the corporation director approves the written affirmation that the facility
15	engages in mattress recycling of mattresses received by the covered entity. A copy of the written
16	affirmation and the corporation’s approval shall be provided to the council by the corporation
17	director in a timely manner.
18	(k) The implementing organization may, subject to approval by the corporation, propose
19	the establishment and maintenance of a financial reserve sufficient to operate the program over a
20	multi-year period in a fiscally prudent and responsible manner. Such financial reserve shall not
21	exceed 50 percent of the projected program costs in any given year.
22	(l) The corporation is authorized to cap administrative expenses to administer the mattress
23	stewardship program at a set percentage of annual program expenses as determined by the
24	corporation.
25	23-90-6. Responsibilities of the Rhode Island resource recovery corporation.
26	(a) The corporation shall review for approval responses to the solicitation for an
27	implementing organization to administer the mattress stewardship program. of the council
28	(b) The corporation shall maintain on its website information on collection opportunities
29	for mattresses, including collection site locations. The information must be made available in a
30	printable format for retailers and consumers.
31	(c) Not later than the implementation date of the mattress stewardship program, the
32	corporation shall list the names of participating producers covered by the program and the cost of
33	the approved mattress stewardship fee on its website.
34	(d) The corporation shall approve the mattress stewardship fee to be applied by the council
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1	implementing organization to mattresses pursuant to this chapter.
2	(e) The corporation shall assume responsibility for administering the mattress stewardship
3	program in the event that none of the submissions to the solicitation for an implementing
4	organization are deemed sufficient, or if the director of the corporation determines that the
5	corporation can administer the mattress stewardship program at a lower cost to the consumer than
6	any of the respondents to the solicitation.
7	(ef) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly
8	on the operation of the statewide system for collection, transportation and recycling of mattresses.
9	23-90-8. Immunity.
10	Each producer, retailer and the council implementing organization shall be immune from
11	liability for any claim of a violation of antitrust law, to the extent such producer or council
12	implementing organization is exercising authority pursuant to the provisions of this chapter,
13	including but not limited to:
14	(1) The creation, implementation or management of a plan pursuant to § 23-90-5, and the
15	types or quantities of used mattresses recycled or otherwise managed pursuant to a plan;
16	(2) The cost and structure of a plan; and
17	(3) The establishment, administration, collection or disbursement of the mattress
18	stewardship fee associated with funding the implementation of the plan.
19	23-90-10. Collaboration.
20	In the event that another state implements a mattress recycling program, the council
21	implementing organization may collaborate with such state to conserve efforts and resources used
22	in carrying out the mattress stewardship program, provided such collaboration is consistent with
23	the requirements of this chapter.
24	SECTION 3. Section 23-90-4 in Chapter 23-90 entitled “Responsible Recycling, Reuse
25	and Disposal of Mattresses” is hereby repealed.
26	23-90-4. Mattress stewardship council established.
27	(a) On or before July 1, 2015, each producer shall join the council and such council shall
28	submit a plan, for the corporation director’s approval, to establish a statewide mattress stewardship
29	program, as described in this section. Any retailer may be a member of such council. Such mattress
30	stewardship program shall, to the extent it is technologically feasible and economically practical:
31	(1) Minimize public sector involvement in the management of discarded mattresses;
32	(2) Provide for the convenient and accessible statewide collection of discarded mattresses
33	from any person in the state with a discarded mattress that was discarded in the state, including
34	from participating covered entities that accumulated and segregated a minimum of fifty (50)
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1	discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses
2	for collection at one time in the case of participating municipal transfer stations;
3	(3) Provide for council-financed recycling and disposal of discarded mattresses;
4	(4) Provide suitable storage containers at permitted municipal transfer stations, municipal
5	government property or other solid waste management facilities for segregated, discarded
6	mattresses, or make other mutually agreeable storage and transportation agreements at no cost to
7	such municipality provided the municipal transfer station, municipal government property or other
8	solid waste management facilities make space available for such purpose and imposes no fee for
9	placement of such storage container on its premises;
10	(5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of
11	operating and administering the program; and
12	(6) Establish a financial incentive that provides for the payment of a monetary sum,
13	established by the council, to promote the recovery of mattresses.
14	(b) The council shall be a nonprofit organization with a fee structure that covers, but does
15	not exceed, the costs of developing the plan and operating and administering the program in
16	accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to
17	operate the program over a multi-year period of time in a fiscally prudent and responsible manner.
18	The council shall maintain all records relating to the program for a period of not less than three (3)
19	years.
20	(c) Pursuant to the program, recycling shall be preferred over any other disposal method to
21	the extent that recycling is technologically feasible and economically practical.
22	(d) The council shall enter into an agreement with the corporation to reimburse for
23	reasonable costs directly related to administering the program but not to exceed the cost of two (2)
24	full time equivalent employees.
25	SECTION 4. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled “Duties of
26	Utilities and Carriers” is hereby amended to read as follows:
27	39-2-1.2. Utility base rate — Advertising, demand-side management, and
28	renewables.
29	(a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or
30	providing heat, electricity, or water to or for the public shall include as part of its base rate any
31	expenses for advertising, either direct or indirect, that promotes the use of its product or service, or
32	is designed to promote the public image of the industry. No public utility may furnish support of
33	any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and
34	include the expense as part of its base rate. Nothing contained in this section shall be deemed as
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1	prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or
2	educational in nature, that is designed to promote public safety conservation of the public utility's
3	product or service. The public utilities commission shall promulgate such rules and regulations as
4	are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,
5	and to otherwise effectuate the provisions of this section.
6	(b) Effective as of January 1, 2008, and for a period of twenty-two (202) years thereafter,
7	each electric distribution company shall include a charge per kilowatt-hour delivered to fund
8	demand-side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable
9	energy programs shall remain in effect until December 31, 202830. The electric distribution
10	company shall establish and, after July 1, 2007, maintain, two (2) separate accounts, one for
11	demand-side management programs (the "demand-side account"), which shall be funded by the
12	electric demand-side charge and administered and implemented by the distribution company,
13	subject to the regulatory reviewing authority of the commission, and one for renewable energy
14	programs, which shall be administered by the Rhode Island commerce corporation pursuant to §
15	42-64-13.2 and shall be held and disbursed by the distribution company as directed by the Rhode
16	Island commerce corporation for the purposes of developing, promoting, and supporting renewable
17	energy programs.
18	During the time periods established in this subsection, the commission may, in its
19	discretion, after notice and public hearing, increase the sums for demand-side management and
20	renewable resources. In addition, the commission shall, after notice and public hearing, determine
21	the appropriate charge for these programs. The office of energy resources, and/or the administrator
22	of the renewable energy programs, may seek to secure for the state an equitable and reasonable
23	portion of renewable energy credits or certificates created by private projects funded through those
24	programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation
25	technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and
26	on-grid generating technologies located in Rhode Island, as a priority; (2) Research and
27	development activities in Rhode Island pertaining to eligible renewable energy resources and to
28	other renewable energy technologies for electrical generation; or (3) Projects and activities directly
29	related to implementing eligible renewable energy resources projects in Rhode Island.
30	Technologies for converting solar energy for space heating or generating domestic hot water may
31	also be funded through the renewable energy programs. Fuel cells may be considered an energy
32	efficiency technology to be included in demand-side management programs. Special rates for low-
33	income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these
34	discounts shall be included in the distribution rates charged to all other customers. Nothing in this
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1	section shall be construed as prohibiting an electric distribution company from offering any special
2	rates or programs for low-income customers which are not in effect as of August 7, 1996, subject
3	to the approval by the commission.
4	(1) The renewable energy investment programs shall be administered pursuant to rules
5	established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria
6	to rank qualified renewable energy projects, giving consideration to:
7	(i) The feasibility of project completion;
8	(ii) The anticipated amount of renewable energy the project will produce;
9	(iii) The potential of the project to mitigate energy costs over the life of the project; and
10	(iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.
11	(c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]
12	(d) The chief executive officer of the commerce corporation is authorized and may enter
13	into a contract with a contractor for the cost-effective administration of the renewable energy
14	programs funded by this section. A competitive bid and contract award for administration of the
15	renewable energy programs may occur every three (3) years and shall include, as a condition, that
16	after July 1, 2008, the account for the renewable energy programs shall be maintained and
17	administered by the commerce corporation as provided for in subsection (b) of this section.
18	(e) Effective January 1, 2007, and for a period of twenty-one three (213) years thereafter,
19	each gas distribution company shall include, with the approval of the commission, a charge per
20	deca therm delivered to fund demand-side management programs (the "gas demand-side charge"),
21	including, but not limited to, programs for cost-effective energy efficiency, energy conservation,
22	combined heat and power systems, and weatherization services for low-income households.
23	(f) Each gas company shall establish a separate account for demand-side management
24	programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and
25	administered and implemented by the distribution company, subject to the regulatory reviewing
26	authority of the commission. The commission may establish administrative mechanisms and
27	procedures that are similar to those for electric demand-side management programs administered
28	under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and
29	high, life-time savings of efficiency measures supported by the program.
30	(g) The commission may, if reasonable and feasible, except from this demand-side
31	management charge:
32	(1) Gas used for distribution generation; and
33	(2) Gas used for the manufacturing processes, where the customer has established a self-
34	directed program to invest in and achieve best-effective energy efficiency in accordance with a plan
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1	approved by the commission and subject to periodic review and approval by the commission, which
2	plan shall require annual reporting of the amount invested and the return on investments in terms
3	of gas savings.
4	(h) The commission may provide for the coordinated and/or integrated administration of
5	electric and gas demand-side management programs in order to enhance the effectiveness of the
6	programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the
7	recommendation of the office of energy resources, be through one or more third-party entities
8	designated by the commission pursuant to a competitive selection process.
9	(i) Effective January 1, 2007, the commission shall allocate, from demand-side
10	management gas and electric funds authorized pursuant to this section, an amount not to exceed
11	three percent (3%) of such funds on an annual basis for the retention of expert consultants, and
12	reasonable administration costs of the energy efficiency and resources management council
13	associated with planning, management, and evaluation of energy-efficiency programs, renewable
14	energy programs, system reliability least-cost procurement, and with regulatory proceedings,
15	contested cases, and other actions pertaining to the purposes, powers, and duties of the council,
16	which allocation may by mutual agreement, be used in coordination with the office of energy
17	resources to support such activities.
18	(j) Effective January 1, 2016, the commission shall annually allocate from the
19	administrative funding amount allocated in subsection (i) from the demand-side management
20	program as described in subsection (i) as follows: (1) for the energy efficiency resources
21	management council, no more than forty percent (40%) for the purposes identified in subsection (i)
22	and (2) sixty percent (60%) of three percent (3%) from the demand side management and electric
23	funds annually to the office of energy resources for activities associated with planning,
24	management, and evaluation of energy-efficiency programs, renewable energy programs, system
25	reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other
26	actions pertaining to the purposes, powers, and duties of the office of energy resources. The office
27	of energy resources shall have exclusive authority to direct the use of these funds.
28	(k) On April 15, of each year, the office and the council shall submit to the governor, the
29	president of the senate, and the speaker of the house of representatives, separate financial and
30	performance reports regarding the demand-side management programs, including the specific level
31	of funds that were contributed by the residential, municipal, and commercial and industrial sectors
32	to the overall programs; the businesses, vendors, and institutions that received funding from
33	demand-side management gas and electric funds used for the purposes in this section; and the
34	businesses, vendors, and institutions that received the administrative funds for the purposes in
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1	subsections (i) and (j). These reports shall be posted electronically on the websites of the office of
2	energy resources and the energy efficiency and resources management council.
3	(l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each
4	electric distribution company, except for the Pascoag Utility District and Block Island Power
5	Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge
6	collections to the Rhode Island infrastructure bank.
7	(m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each
8	gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side
9	charge collections to the Rhode Island infrastructure bank.
10	(n) Effective January 1, 2022, the commission shall allocate, from demand-side
11	management gas and electric funds authorized pursuant to this section, five million dollars
12	($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and
13	electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this
14	section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation,
15	clean heating, energy storage, or demand-side management project financing program administered
16	by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such
17	collections set forth in this chapter. The infrastructure bank shall report annually to the commission
18	within ninety (90) days of the end of each calendar year how collections transferred under this
19	section were utilized.
20	(o) Effective January 1, 2024, the commission shall allocate from demand-side
21	management gas and electric funds authorized pursuant to this section, four million five hundred
22	thousand ($4,500,000) of such funds on an annual basis to the Rhode Island office of energy
23	resources, on behalf of the executive climate change coordinating council, for climate change-
24	related initiatives. The executive climate change coordinating council shall have exclusive
25	authority to direct the use of these funds. The office of energy resources may act on behalf of the
26	executive climate change coordinating council to disburse these funds.
27	(i) The gas and electric demand-side funds allocated pursuant to 39-2-1.2(o) shall be used
28	to fund direct investments in programs designed to eliminate emissions of greenhouse gases in
29	Rhode Island, including any energy efficiency, renewable energy, clean transportation, clean
30	heating, energy storage, demand-side management, or other programs and investments that support
31	the 2021 Act on Climate, as well as supporting the work directly related to compliance with the
32	provisions of that Act, including but not limited to:
33	(a) Developing an updated Climate Strategy by December 31, 2025, including GHG
34	modeling and support for a robust public involvement process;
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1	(b) Completing, publishing, and maintaining public metrics and an online public dashboard
2	tracking emissions reductions, sources of energy consumed by the state, and related climate
3	metrics;
4	(c) Supporting multiple agencies to develop and promulgate rules and regulations and/or
5	implement programs necessary to meet GHG reduction mandates;
6	(d) Supplementing critical state programs aimed at decarbonization and resilience,
7	including support for related work by municipalities and conservation commissions;
8	(e) Supporting the work of the Climate Justice workgroup, including support for
9	community-centric communications and engagement actions, and compensation to community
10	participants; and,
11	(f) Supporting continued work of the Science & Technical Advisory Board, created
12	pursuant to § 42-6.2-5, and the Advisory Board, created pursuant to § 42-6.2-4, including the
13	engagement of expert technical consulting support where necessary.
14	(g) Funds may also be used for the purpose of providing the financial means for the council
15	to purchase materials and to employ on a contract or other basis expert consultant services, expert
16	witnesses, outreach and marketing campaign efforts to educate about the programs and policies
17	and/or other support services necessary to advance the requirements of the act on climate.
18	(ii) The Rhode Island executive climate change council shall report annually to the
19	governor and general assembly within one hundred and twenty (120) days of the end of each
20	calendar year how the funds were used to achieve the statutory objectives of the 2021 act on climate.
21	(iii) The office of energy resources is authorized and may enter into contracts with third-
22	party entities for the administration and/or implementation of climate change initiatives funded by
23	this section.
24	(iv) There is hereby established a restricted receipt account in the general fund of the state
25	and housed in the budget of the department of administration entitled “executive climate change
26	coordinating council projects.” The express purpose of this account is to record receipts and
27	expenditures of the program herein described and established within this subsection.
28	(p) Effective January 1, 2023, the electric and gas distribution company shall not be eligible
29	for performance based or other incentives related to the administration and implementation of
30	energy efficiency programs approved pursuant to this chapter.
31	(q) The Rhode Island office of energy resources, in coordination with the energy efficiency
32	resource management council, and following consultation with the public utilities commission and
33	division of public utilities and carriers, shall issue a request for proposals for the cost effective
34	administration and implementation of statewide energy efficiency programs funded by this section
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1	no later than June 30, 2024. The draft request for proposals shall be reviewed through at least one
2	technical session at the public utilities commission prior to issuance. Public utilities commission
3	approval shall not be required. The Rhode Island office of energy resources, in coordination with
4	the energy efficiency resource management council, shall evaluate proposals and determine
5	whether energy efficiency administration and implementation by the electric and gas distribution
6	company or a third-party is likely to achieve the most net benefits for electric and gas customers in
7	Rhode Island. After January 1, 2025, the office of energy resources may, periodically, and at its
8	discretion, issue additional requests for proposals for the administration and implementation of
9	statewide energy efficiency programs funded through this chapter of an electric distribution
10	company as defined in § 39-1-2(a)(12) or gas distribution company included as a public utility in
11	§ 39-1-2(a)(20) that has greater than one hundred thousand (100,000) customers.
12	(i) Nothing in this chapter shall prohibit the electric and/or gas distribution company from
13	submitting a proposal to administer and implement the state energy efficiency programs.
14	(ii) If the office of energy resources, in coordination with the energy efficiency resource
15	management council, determines that the use of a third-party administrator is likely to achieve the
16	most net benefits for electric and gas customers in Rhode Island, it shall file its recommendation
17	with the public utilities commission, which shall docket and rule on the matter pursuant to its
18	general statutory authorization. If the commission determines that the recommended third-party
19	administrator is in the interest of Rhode Island utility customers, it shall provide for the full cost
20	recovery for the third-party administrator consistent with the terms of the approved contract which
21	may include regulatory performance metrics.
22	(iii) If the office does not recommend advancement of a third-party administrator, the
23	electric and gas distribution utility shall continue to administer statewide energy efficiency
24	programs.
25	SECTION 5. This Act shall take effect upon passage.
26
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1	ARTICLE 6
2	RELATING TO SMALL BUSINESS
3	SECTION 1. Sections 5-21-1 and 5-21-2 of the General Laws in Chapter 5-21 entitled
4	“Second-Hand Dealers” is hereby amended to read as follows:
5	5-21-1 Local licensing – Fees – Penalty – Record of transaction.
6	(a) The city or town council of any city or town is authorized to provide by ordinance for
7	the issuing and revocation at pleasure of licenses to all persons selling, purchasing, bartering, and
8	dealing in junk, old metals, and any other second-hand metal articles, and to all persons
9	establishing, operating, or maintaining automobile junkyards, subject to any conditions and
10	restrictions and for a term not exceeding one year that may be in the like manner prescribed; and
11	also for charging and collecting fees for those licenses. The fees in the like manner prescribed shall
12	not exceed the sum of one hundred dollars ($100) for the keeper of a shop an establishment or
13	storehouse for the reception of any junk, old metals, or second-hand metal articles which is not an
14	automobile junkyard; the sum of five dollars ($5.00) for any foundry person or other person
15	receiving the same for the purpose of melting or converting the junk, old metals, or second-hand
16	metal articles into castings; the sum of five dollars ($5.00) for any gatherer of these items in any
17	bag, wagon, or cart; or the sum of one hundred dollars ($100) for any person establishing, operating,
18	or maintaining an automobile junkyard; and also to fix a penalty for carrying on that business
19	without a license, or in violation of any ordinance or regulation made as authorized in this chapter,
20	not exceeding for any one offense a fine of five hundred dollars ($500) or imprisonment not
21	exceeding six (6) months.
22	(b) The ordinance shall provide that each person purchasing or receiving old or used metals
23	other than junked automobiles or automobile parts shall maintain a record of each purchase or
24	receipt. The record shall include the date of the transaction, the name, address, telephone number,
25	and signature of the person from whom the old or used metals are purchased or received; a
26	description of the old or used metals; and the price paid for the old or used metals. The records so
27	kept shall be produced at the request of law enforcement officials.
28	(c) Businesses primarily engaged in the retail sale of the following goods, as expressly
29	defined below in this subsection, are exempt from any licensing requirements imposed under this
30	section: (1) second-hand consignment goods; (2) resale goods; (3) thrift goods; and (4) antiques.
31	“Second-hand consignment goods” means used items, including but not limited to artwork,
32	furniture, clothing, accessories and books that are sold by a third party, which receives a percentage
33	of the revenue from the sale. “Resale goods” means goods, including but not limited to artwork,
34	furniture, clothing, accessories, and books, that are purchased from the original owner and resold.
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1	“Thrift goods” means used items, including but not limited to artwork, furniture, clothing,
2	accessories, and books, that are sold by or on behalf of a charity or non-profit organization.
3	“Antiques” means items made in an earlier period that are collected and considered to have value
4	because they are beautiful, rare, old, or of high quality.
5	5-21-2 Hearing and objections by neighboring landowners.
6	(a) The local licensing authority of a city or town, before granting a license under this
7	chapter to keep a shop an establishment or storehouse for the reception of any junk, old metals, or
8	other second-hand metal articles or to establish, operate, or maintain an automobile junkyard, in
9	any location not lawfully occupied for that purpose at the time of the application for that license,
10	shall hold a public hearing, notice of which shall be posted at least seven (7) days but not more than
11	fourteen (14) days prior to the hearing in not less than two (2) public places in that city or town and
12	in a newspaper of general circulation in that city or town where the shop establishment, storehouse,
13	or junkyard is to be established, operated, or maintained. Before the local licensing authority posts
14	or publishes a notice of a hearing, the local licensing authority shall collect from the applicant for
15	the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice.
16	(b) No license shall be granted under this chapter to the keeper of any shop establishment
17	or storehouse for the reception of any junk, old metals, or other second-hand metal articles or to a
18	person establishing, operating, or maintaining an automobile junkyard, in any location not lawfully
19	occupied for that purpose at the time of the application for the license, where the owners or
20	occupants of the greater part of the land within two hundred (200) feet of that building or place file
21	with the board, city or town council, respectively, having jurisdiction to grant licenses, their
22	objection to the granting of the license. This subsection does not apply to any applicant who is the
23	keeper of a shop an establishment or storehouse, or automobile junkyard, that is being acquired
24	under eminent domain proceedings, who is applying for licensing within § 5-21-1 within the same
25	city or town in which he or she was formerly licensed.
26	SECTION 2. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business
27	Corporation Tax" is hereby amended to read as follows:
28	44-11-2 Imposition of Tax.
29	(a) Each corporation shall annually pay to the state a tax equal to nine percent (9%) of net
30	income, as defined in § 44-11-11, qualified in § 44-11-12, and apportioned to this state as provided
31	in §§ 44-11-13 — 44-11-15, for the taxable year. For tax years beginning on or after January 1,
32	2015, each corporation shall annually pay to the state a tax equal to seven percent (7.0%) of net
33	income, as defined in § 44-11-13 — 44-11-15, for the taxable year.
34	(b) A corporation shall pay the amount of any tax as computed in accordance with
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1	subsection (a) after deducting from "net income," as used in this section, fifty percent (50%) of the
2	excess of capital gains over capital losses realized during the taxable year, if for the taxable year:
3	(1) The corporation is engaged in buying, selling, dealing in, or holding securities on its
4	own behalf and not as a broker, underwriter, or distributor;
5	(2) Its gross receipts derived from these activities during the taxable year amounted to at
6	least ninety percent (90%) of its total gross receipts derived from all of its activities during the year.
7	"Gross receipts" means all receipts, whether in the form of money, credits, or other valuable
8	consideration, received during the taxable year in connection with the conduct of the taxpayer's
9	activities.
10	(c) A corporation shall not pay the amount of the tax computed on the basis of its net
11	income under subsection (a), but shall annually pay to the state a tax equal to ten cents ($.10) for
12	each one hundred dollars ($100) of gross income for the taxable year or a tax of one hundred dollars
13	($100), whichever tax shall be the greater, if for the taxable year the corporation is either a "personal
14	holding company" registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-
15	1 et seq., "regulated investment company," or a "real estate investment trust" as defined in the
16	federal income tax law applicable to the taxable year. "Gross income" means gross income as
17	defined in the federal income tax law applicable to the taxable year, plus:
18	(1) Any interest not included in the federal gross income; minus
19	(2) Interest on obligations of the United States or its possessions, and other interest exempt
20	from taxation by this state; and minus
21	(3) Fifty percent (50%) of the excess of capital gains over capital losses realized during the
22	taxable year.
23	(d) (1) A small business corporation having an election in effect under subchapter S, 26
24	U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except
25	that the corporation shall be subject to the provisions of subsection (a), to the extent of the income
26	that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after
27	January 1, 2015, a small business corporation having an election in effect under subchapter S, 26
28	U.S.C. § 1361 et seq., shall be subject to the minimum tax under § 44-11-2(e).
29	(2) The shareholders of the corporation who are residents of Rhode Island shall include in
30	their income their proportionate share of the corporation's federal taxable income.
31	(3) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]
32	(4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]
33	(e) Minimum tax. The tax imposed upon any corporation under this section, including a
34	small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et
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1	seq., shall not be less than four hundred fifty dollars ($450). For tax years beginning on or after
2	January 1, 2017, the tax imposed shall not be less than four hundred dollars ($400). For tax years
3	beginning on or after January 1, 2024, the tax imposed shall not be less than three hundred seventy-
4	five dollars ($375.00).
5	SECTION 3. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and
6	Use Taxes — Liability and Computation" is hereby amended to read as follows:
7	44-18-30. Gross receipts exempt from sales and use taxes.
8	There are exempted from the taxes imposed by this chapter the following gross receipts:
9	(1) Sales and uses beyond constitutional power of state. From the sale and from the storage,
10	use, or other consumption in this state of tangible personal property the gross receipts from the sale
11	of which, or the storage, use, or other consumption of which, this state is prohibited from taxing
12	under the Constitution of the United States or under the constitution of this state.
13	(2) Newspapers.
14	(i) From the sale and from the storage, use, or other consumption in this state of any
15	newspaper.
16	(ii) “Newspaper” means an unbound publication printed on newsprint that contains news,
17	editorial comment, opinions, features, advertising matter, and other matters of public interest.
18	(iii) “Newspaper” does not include a magazine, handbill, circular, flyer, sales catalog, or
19	similar item unless the item is printed for, and distributed as, a part of a newspaper.
20	(3) School meals. From the sale and from the storage, use, or other consumption in this
21	state of meals served by public, private, or parochial schools, school districts, colleges, universities,
22	student organizations, and parent-teacher associations to the students or teachers of a school,
23	college, or university whether the meals are served by the educational institutions or by a food
24	service or management entity under contract to the educational institutions.
25	(4) Containers.
26	(i) From the sale and from the storage, use, or other consumption in this state of:
27	(A) Non-returnable containers, including boxes, paper bags, and wrapping materials that
28	are biodegradable and all bags and wrapping materials utilized in the medical and healing arts,
29	when sold without the contents to persons who place the contents in the container and sell the
30	contents with the container.
31	(B) Containers when sold with the contents if the sale price of the contents is not required
32	to be included in the measure of the taxes imposed by this chapter.
33	(C) Returnable containers when sold with the contents in connection with a retail sale of
34	the contents or when resold for refilling.
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1	(D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage
2	producers who place the alcoholic beverages in the containers.
3	(ii) As used in this subdivision, the term “returnable containers” means containers of a kind
4	customarily returned by the buyer of the contents for reuse. All other containers are “non-returnable
5	containers.”
6	(5)(i) Charitable, educational, and religious organizations. From the sale to, as in defined
7	in this section, and from the storage, use, and other consumption in this state, or any other state of
8	the United States of America, of tangible personal property by hospitals not operated for a profit;
9	“educational institutions” as defined in subdivision (18) not operated for a profit; churches,
10	orphanages, and other institutions or organizations operated exclusively for religious or charitable
11	purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting
12	leagues and associations and bands for boys and girls under the age of nineteen (19) years; the
13	following vocational student organizations that are state chapters of national vocational student
14	organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of
15	America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers
16	of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of
17	America (VICA); organized nonprofit golden age and senior citizens clubs for men and women;
18	and parent-teacher associations; and from the sale, storage, use, and other consumption in this state,
19	of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation.
20	(ii) In the case of contracts entered into with the federal government, its agencies, or
21	instrumentalities, this state, or any other state of the United States of America, its agencies, any
22	city, town, district, or other political subdivision of the states; hospitals not operated for profit;
23	educational institutions not operated for profit; churches, orphanages, and other institutions or
24	organizations operated exclusively for religious or charitable purposes, the contractor may purchase
25	such materials and supplies (materials and/or supplies are defined as those that are essential to the
26	project) that are to be utilized in the construction of the projects being performed under the contracts
27	without payment of the tax.
28	(iii) The contractor shall not charge any sales or use tax to any exempt agency, institution,
29	or organization but shall in that instance provide his or her suppliers with certificates in the form
30	as determined by the division of taxation showing the reason for exemption and the contractor’s
31	records must substantiate the claim for exemption by showing the disposition of all property so
32	purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax
33	on the property used.
34	(6) Gasoline. From the sale and from the storage, use, or other consumption in this state
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1	of: (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the
2	propulsion of airplanes.
3	(7) Purchase for manufacturing purposes.
4	(i) From the sale and from the storage, use, or other consumption in this state of computer
5	software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and
6	water, when the property or service is purchased for the purpose of being manufactured into a
7	finished product for resale and becomes an ingredient, component, or integral part of the
8	manufactured, compounded, processed, assembled, or prepared product, or if the property or
9	service is consumed in the process of manufacturing for resale computer software, tangible personal
10	property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
11	(ii) “Consumed” means destroyed, used up, or worn out to the degree or extent that the
12	property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
13	(iii) “Consumed” includes mere obsolescence.
14	(iv) “Manufacturing” means and includes: manufacturing, compounding, processing,
15	assembling, preparing, or producing.
16	(v) “Process of manufacturing” means and includes all production operations performed in
17	the producing or processing room, shop, or plant, insofar as the operations are a part of and
18	connected with the manufacturing for resale of tangible personal property, electricity, natural gas,
19	artificial gas, steam, refrigeration, or water and all production operations performed insofar as the
20	operations are a part of and connected with the manufacturing for resale of computer software.
21	(vi) “Process of manufacturing” does not mean or include administration operations such
22	as general office operations, accounting, collection, or sales promotion, nor does it mean or include
23	distribution operations that occur subsequent to production operations, such as handling, storing,
24	selling, and transporting the manufactured products, even though the administration and
25	distribution operations are performed by, or in connection with, a manufacturing business.
26	(8) State and political subdivisions. From the sale to, and from the storage, use, or other
27	consumption by, this state, any city, town, district, or other political subdivision of this state. Every
28	redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of
29	the municipality where it is located.
30	(9) Food and food ingredients. From the sale and storage, use, or other consumption in this
31	state of food and food ingredients as defined in § 44-18-7.1().
32	For the purposes of this exemption “food and food ingredients” shall not include candy,
33	soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending
34	machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is:
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1	(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,
2	except sub-sector 3118 (bakeries);
3	(ii) Sold in an unheated state by weight or volume as a single item;
4	(iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries,
5	donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and
6	is not sold with utensils provided by the seller, including: plates, knives, forks, spoons,
7	glasses, cups, napkins, or straws.
8	(10) Medicines, drugs, and durable medical equipment. From the sale and from the storage,
9	use, or other consumption in this state, of:
10	(i) “Drugs” as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and
11	insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include
12	over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii).
13	(ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including,
14	but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent
15	chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug
16	delivery pumps that are sold on prescription to individuals to be used by them to dispense or
17	administer prescription drugs, and related ancillary dressings and supplies used to dispense or
18	administer prescription drugs, shall also be exempt from tax.
19	(11) Prosthetic devices and mobility enhancing equipment. From the sale and from the
20	storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),
21	sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses,
22	and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription;
23	and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches,
24	and canes.
25	(12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the
26	storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners,
27	urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial
28	garments that are ordinarily sold by a funeral director as part of the business of funeral directing.
29	(13) Motor vehicles sold to nonresidents.
30	(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident
31	of this state who does not register the motor vehicle in this state, whether the sale or delivery of the
32	motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle
33	sold to a bona fide nonresident whose state of residence does not allow a like exemption to its
34	nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide
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1	nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed
2	in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-
3	20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and
4	collect the tax required under this subdivision and remit the tax to the tax administrator under the
5	provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer
6	is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide
7	nonresident as provided in this section, the dealer in computing the tax takes into consideration the
8	law of the state of the nonresident as it relates to the trade-in of motor vehicles.
9	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
10	require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the
11	tax administrator deems reasonably necessary to substantiate the exemption provided in this
12	subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the
13	motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle
14	registration or a valid out-of-state driver’s license.
15	(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of
16	the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or
17	other consumption in this state, and is subject to, and liable for, the use tax imposed under the
18	provisions of § 44-18-20.
19	(14) Sales in public buildings by blind people. From the sale and from the storage, use, or
20	other consumption in all public buildings in this state of all products or wares by any person
21	licensed under § 40-9-11.1.
22	(15) Air and water pollution control facilities. From the sale, storage, use, or other
23	consumption in this state of tangible personal property or supplies acquired for incorporation into
24	or used and consumed in the operation of a facility, the primary purpose of which is to aid in the
25	control of the pollution or contamination of the waters or air of the state, as defined in chapter 12
26	of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that
27	purpose by the director of environmental management. The director of environmental management
28	may certify to a portion of the tangible personal property or supplies acquired for incorporation
29	into those facilities or used and consumed in the operation of those facilities to the extent that that
30	portion has as its primary purpose the control of the pollution or contamination of the waters or air
31	of this state. As used in this subdivision, “facility” means any land, facility, device, building,
32	machinery, or equipment.
33	(16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping
34	accommodations at camps or retreat houses operated by religious, charitable, educational, or other
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1	organizations and associations mentioned in subsection (5), or by privately owned and operated
2	summer camps for children.
3	(17) Certain institutions. From the rental charged for living or sleeping quarters in an
4	institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
5	(18) Educational institutions. From the rental charged by any educational institution for
6	living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations
7	to any student or teacher necessitated by attendance at an educational institution. “Educational
8	institution” as used in this section means an institution of learning not operated for profit that is
9	empowered to confer diplomas, educational, literary, or academic degrees; that has a regular
10	faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
11	school year; that keeps and furnishes to students and others records required and accepted for
12	entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of
13	which inures to the benefit of any individual.
14	(19) Motor vehicle and adaptive equipment for persons with disabilities.
15	(i) From the sale of: (A) Special adaptations; (B) The component parts of the special
16	adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax
17	administrator an affidavit of a licensed physician to the effect that the specially adapted motor
18	vehicle is necessary to transport a family member with a disability or where the vehicle has been
19	specially adapted to meet the specific needs of the person with a disability. This exemption applies
20	to not more than one motor vehicle owned and registered for personal, noncommercial use.
21	(ii) For the purpose of this subsection the term “special adaptations” includes, but is not
22	limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand
23	controls, steering devices, extensions, relocations, and crossovers of operator controls, power-
24	assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices
25	to auditory signals.
26	(iii) From the sale of: (a) Special adaptations, (b) The component parts of the special
27	adaptations, for a “wheelchair accessible taxicab” as defined in § 39-14-1, and/or a “wheelchair
28	accessible public motor vehicle” as defined in § 39-14.1-1.
29	(iv) For the purpose of this subdivision the exemption for a “specially adapted motor
30	vehicle” means a use tax credit not to exceed the amount of use tax that would otherwise be due on
31	the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special
32	adaptations, including installation.
33	(20) Heating fuels. From the sale and from the storage, use, or other consumption in this
34	state of every type of heating fuel.
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1	(21) Electricity and gas. From the sale and from the storage, use, or other consumption in
2	this state of electricity and gas.
3	(22) Manufacturing machinery and equipment.
4	(i) From the sale and from the storage, use, or other consumption in this state of tools, dies,
5	molds, machinery, equipment (including replacement parts), and related items to the extent used in
6	an industrial plant in connection with the actual manufacture, conversion, or processing of tangible
7	personal property, or to the extent used in connection with the actual manufacture, conversion, or
8	processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373
9	in the standard industrial classification manual prepared by the Technical Committee on Industrial
10	Classification, Office of Statistical Standards, Executive Office of the President, United States
11	Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment
12	used in the furnishing of power to an industrial manufacturing plant. For the purposes of this
13	subdivision, “industrial plant” means a factory at a fixed location primarily engaged in the
14	manufacture, conversion, or processing of tangible personal property to be sold in the regular
15	course of business;
16	(ii) Machinery and equipment and related items are not deemed to be used in connection
17	with the actual manufacture, conversion, or processing of tangible personal property, or in
18	connection with the actual manufacture, conversion, or processing of computer software as that
19	term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification
20	manual prepared by the Technical Committee on Industrial Classification, Office of Statistical
21	Standards, Executive Office of the President, United States Bureau of the Budget, as revised from
22	time to time, to be sold to the extent the property is used in administration or distribution operations;
23	(iii) Machinery and equipment and related items used in connection with the actual
24	manufacture, conversion, or processing of any computer software or any tangible personal property
25	that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased
26	from a vendor or machinery and equipment and related items used during any manufacturing,
27	converting, or processing function is exempt under this subdivision even if that operation, function,
28	or purpose is not an integral or essential part of a continuous production flow or manufacturing
29	process;
30	(iv) Where a portion of a group of portable or mobile machinery is used in connection with
31	the actual manufacture, conversion, or processing of computer software or tangible personal
32	property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under
33	this subdivision even though the machinery in that group is used interchangeably and not otherwise
34	identifiable as to use.
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1	(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other
2	consumption in this state of so much of the purchase price paid for a new or used automobile as is
3	allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of
4	the proceeds applicable only to the automobile as are received from the manufacturer of
5	automobiles for the repurchase of the automobile whether the repurchase was voluntary or not
6	towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision,
7	the word “automobile” means the following types of motor vehicles not used for hire and does not
8	refer to any other type of motor vehicle: (i) a private passenger automobile; not used for hire and
9	does not refer to any other type of motor vehicle. (ii) a truck the gross weight of which is not more
10	than fourteen thousand pounds (14,000 lbs.); or (iii) a motorcycle.
11	(24) Precious metal bullion.
12	(i) From the sale and from the storage, use, or other consumption in this state of precious
13	metal bullion, substantially equivalent to a transaction in securities or commodities.
14	(ii) For purposes of this subdivision, “precious metal bullion” means any elementary
15	precious metal that has been put through a process of smelting or refining, including, but not limited
16	to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value
17	depends upon its content and not upon its form.
18	(iii) The term does not include fabricated precious metal that has been processed or
19	manufactured for some one or more specific and customary industrial, professional, or artistic uses.
20	(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of
21	fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the
22	repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use
23	of the vessels including provisions, supplies, and material for the maintenance and/or repair of the
24	vessels.
25	(26) Commercial fishing vessels. From the sale and from the storage, use, or other
26	consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and
27	that are used exclusively for “commercial fishing,” as defined in this subdivision, and from the
28	repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property
29	purchased for the use of those vessels and other watercraft including provisions, supplies, and
30	material for the maintenance and/or repair of the vessels and other watercraft and the boats nets,
31	cables, tackle, and other fishing equipment appurtenant to or used in connection with the
32	commercial fishing of the vessels and other watercraft. “Commercial fishing” means taking or
33	attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for
34	profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence
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1	fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include
2	vessels and other watercraft with a Rhode Island party and charter boat license issued by the
3	department of environmental management pursuant to § 20-2-27.1 that meet the following criteria:
4	(i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry
5	passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)
6	U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat
7	registration to prove Rhode Island home port status; and (iv) The vessel must be used as a
8	commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be
9	able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters
10	or provides documentation of a minimum of one hundred (100) charter trips annually; and (v) The
11	vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall
12	implement the provisions of this subdivision by promulgating rules and regulations relating thereto.
13	(27) Clothing and footwear. From the sales of articles of clothing, including footwear,
14	intended to be worn or carried on or about the human body for sales prior to October 1, 2012.
15	Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including
16	footwear, intended to be worn or carried on or about the human body up to two hundred and fifty
17	dollars ($250) of the sales price per item. For the purposes of this section, “clothing or footwear”
18	does not include clothing accessories or equipment or special clothing or footwear primarily
19	designed for athletic activity or protective use as these terms are defined in § 44-18-7.1(f). In
20	recognition of the work being performed by the streamlined sales and use tax governing board,
21	upon passage of any federal law that authorizes states to require remote sellers to collect and remit
22	sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The
23	unlimited exemption on sales of clothing and footwear shall take effect on the date that the state
24	requires remote sellers to collect and remit sales and use taxes.
25	(28) Water for residential use. From the sale and from the storage, use, or other
26	consumption in this state of water furnished for domestic use by occupants of residential premises.
27	(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes
28	to Decisions.] From the sale and from the storage, use, or other consumption in the state of any
29	canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited
30	to, the Old Testament and the New Testament versions.
31	(30) Boats.
32	(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not
33	register the boat or vessel in this state or document the boat or vessel with the United States
34	government at a home port within the state, whether the sale or delivery of the boat or vessel is
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1	made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30)
2	days after delivery by the seller outside the state for use thereafter solely outside the state.
3	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
4	require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the
5	tax administrator deems reasonably necessary to substantiate the exemption provided in this
6	subdivision, including the affidavit of the seller that the buyer represented himself or herself to be
7	a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
8	(31) Youth activities equipment. From the sale, storage, use, or other consumption in this
9	state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island
10	eleemosynary organizations, for the purposes of youth activities that the organization is formed to
11	sponsor and support; and by accredited elementary and secondary schools for the purposes of the
12	schools or of organized activities of the enrolled students.
13	(32) Farm equipment. From the sale and from the storage or use of machinery and
14	equipment used directly for commercial farming and agricultural production; including, but not
15	limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,
16	balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,
17	greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and
18	other farming equipment, including replacement parts appurtenant to or used in connection with
19	commercial farming and tools and supplies used in the repair and maintenance of farming
20	equipment. “Commercial farming” means the keeping or boarding of five (5) or more horses or the
21	production within this state of agricultural products, including, but not limited to, field or orchard
22	crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production
23	provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator,
24	whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July
25	1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I
26	shall be based on proof of annual, gross sales from commercial farming of at least twenty-five
27	hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this
28	subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or
29	greater. Level II shall be based on proof of annual gross sales from commercial farming of at least
30	ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption
31	provided in this subdivision including motor vehicles with an excise tax value of five thousand
32	dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount
33	of annual gross sales from commercial farming shall be required for the prior year; for any renewal
34	of an exemption granted in accordance with this subdivision at either level I or level II, proof of
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1	gross annual sales from commercial farming at the requisite amount shall be required for each of
2	the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly
3	indicate the level of the exemption and be valid for four (4) years after the date of issue. This
4	exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for
5	a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after
6	July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for
7	registration displaying farm plates as provided for in § 31-3-31.
8	(33) Compressed air. From the sale and from the storage, use, or other consumption in the
9	state of compressed air.
10	(34) Flags. From the sale and from the storage, consumption, or other use in this state of
11	United States, Rhode Island or POW-MIA flags.
12	(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor
13	vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or
14	the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service
15	connected or not. The motor vehicle must be purchased by and especially equipped for use by the
16	qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or
17	regulations that the tax administrator may prescribe.
18	(36) Textbooks. From the sale and from the storage, use, or other consumption in this state
19	of textbooks by an “educational institution,” as defined in subsection (18) of this section, and any
20	educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor.
21	(37) Tangible personal property and supplies used in on-site hazardous waste recycling,
22	reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible
23	personal property or supplies used or consumed in the operation of equipment, the exclusive
24	function of which is the recycling, reuse, or recovery of materials (other than precious metals, as
25	defined in subdivision (24)(ii) of this section) from the treatment of “hazardous wastes,” as defined
26	in § 23-19.1-4, where the “hazardous wastes” are generated in Rhode Island solely by the same
27	taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the
28	taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department
29	of environmental management certifying that the equipment and/or supplies as used or consumed,
30	qualify for the exemption under this subdivision. If any information relating to secret processes or
31	methods of manufacture, production, or treatment is disclosed to the department of environmental
32	management only to procure an order, and is a “trade secret” as defined in § 28-21-10(b), it is not
33	open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of
34	title 28 or chapter 24.4 of title 23.
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1	(38) Promotional and product literature of boat manufacturers. From the sale and from the
2	storage, use, or other consumption of promotional and product literature of boat manufacturers
3	shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii)
4	Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to
5	customers at no charge.
6	(39) Food items paid for by food stamps. From the sale and from the storage, use, or other
7	consumption in this state of eligible food items payment for which is properly made to the retailer
8	in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977,
9	7 U.S.C. § 2011 et seq.
10	(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-
11	12-2(12) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed
12	with the Rhode Island public utilities commission on the number of miles driven or by the number
13	of hours spent on the job.
14	(41) Trade-in value of boats. From the sale and from the storage, use, or other consumption
15	in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-
16	in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only
17	to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards
18	the purchase of a new or used boat by the buyer.
19	(42) Equipment used for research and development. From the sale and from the storage,
20	use, or other consumption of equipment to the extent used for research and development purposes
21	by a qualifying firm. For the purposes of this subsection, “qualifying firm” means a business for
22	which the use of research and development equipment is an integral part of its operation and
23	“equipment” means scientific equipment, computers, software, and related items.
24	(43) Coins. From the sale and from the other consumption in this state of coins having
25	numismatic or investment value.
26	(44) Farm structure construction materials. Lumber, hardware, and other materials used in
27	the new construction of farm structures, including production facilities such as, but not limited to:
28	farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses,
29	fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms,
30	machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos,
31	feed storage sheds, and any other structures used in connection with commercial farming.
32	(45) Telecommunications carrier access service. Carrier access service or
33	telecommunications service when purchased by a telecommunications company from another
34	telecommunications company to facilitate the provision of telecommunications service.
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1	(46) Boats or vessels brought into the state exclusively for winter storage, maintenance,
2	repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax
3	imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in
4	any year up to and including the 30th day of April next succeeding with respect to the use of any
5	boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility in
6	this state for storage, including dry storage and storage in water by means of apparatus preventing
7	ice damage to the hull, maintenance, or repair; (ii) The actual process of storage, maintenance, or
8	repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or vessel.
9	(47) Jewelry display product. From the sale and from the storage, use, or other
10	consumption in this state of tangible personal property used to display any jewelry product;
11	provided that title to the jewelry display product is transferred by the jewelry manufacturer or seller
12	and that the jewelry display product is shipped out of state for use solely outside the state and is not
13	returned to the jewelry manufacturer or seller.
14	(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax
15	imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,
16	use, or other consumption in this state of any new or used boat. The exemption provided for in this
17	subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten
18	percent (10%) surcharge on luxury boats is repealed.
19	(49) Banks and regulated investment companies interstate toll-free calls. Notwithstanding
20	the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of
21	interstate and international, toll-free terminating telecommunication service that is used directly
22	and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided
23	that an eligible company employs on average during the calendar year no less than five hundred
24	(500) “full-time equivalent employees” as that term is defined in § 42-64.5-2. For purposes of this
25	section, an “eligible company” means a “regulated investment company” as that term is defined in
26	the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a corporation to the extent the service is
27	provided, directly or indirectly, to or on behalf of a regulated investment company, an employee
28	benefit plan, a retirement plan or a pension plan, or a state-chartered bank.
29	(50) Mobile and manufactured homes generally. From the sale and from the storage, use,
30	or other consumption in this state of mobile and/or manufactured homes as defined and subject to
31	taxation pursuant to the provisions of chapter 44 of title 31.
32	(51) Manufacturing business reconstruction materials.
33	(i) From the sale and from the storage, use, or other consumption in this state of lumber,
34	hardware, and other building materials used in the reconstruction of a manufacturing business
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1	facility that suffers a disaster, as defined in this subdivision, in this state. “Disaster” means any
2	occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of
3	an operating manufacturing business facility within this state. “Disaster” does not include any
4	damage resulting from the willful act of the owner of the manufacturing business facility.
5	(ii) Manufacturing business facility includes, but is not limited to, the structures housing
6	the production and administrative facilities.
7	(iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty
8	percent (60%) provision applies to the damages suffered at that one site.
9	(iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance,
10	this exemption does not apply.
11	(52) Tangible personal property and supplies used in the processing or preparation of floral
12	products and floral arrangements. From the sale, storage, use, or other consumption in this state of
13	tangible personal property or supplies purchased by florists, garden centers, or other like producers
14	or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are
15	ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements
16	or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers,
17	plants, floral products, or natural and artificial floral arrangements, including descriptive labels,
18	stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers,
19	spray materials, floral paint and tint, plant shine, flower food, insecticide, and fertilizers.
20	(53) Horse food products. From the sale and from the storage, use, or other consumption
21	in this state of horse food products purchased by a person engaged in the business of the boarding
22	of horses.
23	(54) Non-motorized recreational vehicles sold to nonresidents.
24	(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to
25	a bona fide nonresident of this state who does not register the non-motorized recreational vehicle
26	in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this
27	state or at the place of residence of the nonresident; provided that a non-motorized recreational
28	vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to
29	its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in
30	that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate
31	that would be imposed in his or her state of residence not to exceed the rate that would have been
32	imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized
33	recreational vehicle dealer shall add and collect the tax required under this subdivision and remit
34	the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided,
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1	that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and
2	collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide
3	nonresident as provided in this section, the dealer in computing the tax takes into consideration the
4	law of the state of the nonresident as it relates to the trade-in of motor vehicles.
5	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
6	require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide
7	nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption
8	provided in this subdivision, including the affidavit of a licensed, non-motorized recreational
9	vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and
10	had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or
11	a valid out-of-state driver’s license.
12	(iii) Any nonresident who registers a non-motorized recreational vehicle in this state within
13	ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized
14	recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable
15	for, the use tax imposed under the provisions of § 44-18-20.
16	(iv) “Non-motorized recreational vehicle” means any portable dwelling designed and
17	constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use
18	that is eligible to be registered for highway use, including, but not limited to, “pick-up coaches” or
19	“pick-up campers,” “travel trailers,” and “tent trailers” as those terms are defined in chapter 1 of
20	title 31.
21	(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of
22	sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials
23	necessary and attendant to the installation of those systems that are required in buildings and
24	occupancies existing therein in July 2003 in order to comply with any additional requirements for
25	such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003
26	and that are not required by any other provision of law or ordinance or regulation adopted pursuant
27	to that act. The exemption provided in this subdivision shall expire on December 31, 2008.
28	(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-
29	18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other
30	consumption in this state of any new or used aircraft or aircraft parts.
31	(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island
32	general laws, the following products shall also be exempt from sales tax: solar photovoltaic
33	modules or panels, or any module or panel that generates electricity from light; solar thermal
34	collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic,
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1	sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and
2	water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold
3	by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and
4	manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not
5	to include materials that could be fabricated into such racks; monitoring and control equipment, if
6	specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind
7	energy systems or if required by law or regulation for such systems but not to include pumps, fans
8	or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral
9	part of, another item specified on this list; and solar storage tanks that are part of a solar domestic
10	hot water system or a solar space heating system. If the tank comes with an external heat exchanger
11	it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.
12	(58) Returned property. The amount charged for property returned by customers upon
13	rescission of the contract of sale when the entire amount exclusive of handling charges paid for the
14	property is refunded in either cash or credit, and where the property is returned within one hundred
15	twenty (120) days from the date of delivery.
16	(59) Dietary supplements. From the sale and from the storage, use, or other consumption
17	of dietary supplements as defined in § 44-18-7.1()(v), sold on prescriptions.
18	(60) Blood. From the sale and from the storage, use, or other consumption of human blood.
19	(61) Agricultural products for human consumption. From the sale and from the storage,
20	use, or other consumption of livestock and poultry of the kinds of products that ordinarily constitute
21	food for human consumption and of livestock of the kind the products of which ordinarily constitute
22	fibers for human use.
23	(62) Diesel emission control technology. From the sale and use of diesel retrofit
24	technology that is required by § 31-47.3-4.
25	(63) Feed for certain animals used in commercial farming. From the sale of feed for
26	animals as described in subsection (61) of this section.
27	(64) Alcoholic beverages. From the sale and storage, use, or other consumption in this
28	state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and
29	malt beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to
30	the contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum
31	markup.
32	(65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use,
33	or other consumption in this state of seeds and plants used to grow food and food ingredients as
34	defined in § 44-18-7.1()(i). “Seeds and plants used to grow food and food ingredients” shall not
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1	include marijuana seeds or plants.
2	(66) Feminine hygiene products. From the sale and from the storage, use, or other
3	consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar products
4	the principal use of which is feminine hygiene in connection with the menstrual cycle.
5	(67) “Breast pump collection and storage supplies” means items of tangible personal
6	property used in conjunction with a breast pump to collect milk expressed from a human breast and
7	to store collected milk until it is ready for consumption. “Breast pump collection and storage
8	supplies” include, but are not limited to, breast shields and breast shield connectors; breast pump
9	tubes and tubing adaptors; breast pump valves and membranes; backflow protectors and backflow
10	protector adaptors; bottles and bottle caps specific to the operation of the breast pump; breast milk
11	storage bags; and related items sold as part of a breast pump kit pre-packaged by the breast pump
12	manufacturer. “Breast pump collection and storage supplies” does not include: bottles and bottle
13	caps not specific to the operation of the breast pump; breast pump travel bags and other similar
14	carrying accessories, including ice packs, labels, and other similar products, unless sold as part of
15	a breast pump kit pre-packed by the breast pump manufacturer; breast pump cleaning supplies,
16	unless sold as part of a breast pump kit pre-packaged by the breast pump manufacturer; nursing
17	bras, bra pads, breast shells, and other similar products; and creams, ointments, and other similar
18	products that relieve breastfeeding-related symptoms or conditions of the breasts or nipples.
19	(68) Trade-in value of motorcycles. From the sale and from the storage, use, or other
20	consumption in this state of so much of the purchase price paid for a new or used motorcycle as is
21	allocated for a trade-in allowance on the motorcycle of the buyer given in trade to the seller, or of
22	the proceeds applicable only to the motorcycle as are received from the manufacturer of
23	motorcycles for the repurchase of the motorcycle whether the repurchase was voluntary or not
24	towards the purchase of a new or used motorcycle by the buyer. For the purpose of this subsection,
25	the word “motorcycle” means a motorcycle not used for hire and does not refer to any other type
26	of motor vehicle.
27	SECTION 4. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled “Personal
28	Income Tax” is hereby amended to read as follows:
29	44-30-2.6. Rhode Island taxable income — Rate of tax.
30	(a) "Rhode Island taxable income" means federal taxable income as determined under the
31	Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-
32	deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax
33	Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of
34	2001 (EGTRRA), and as modified by the modifications in § 44-30-12.
	LC000715 - Page 141 of 204
1	(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on
2	or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island
3	taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five
4	and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002
5	and thereafter of the federal income tax rates, including capital gains rates and any other special
6	rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately
7	prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA);
8	provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable
9	year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal
10	Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a
11	taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or
12	her personal income tax liability.
13	(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative
14	minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island
15	alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by
16	multiplying the federal tentative minimum tax without allowing for the increased exemptions under
17	the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251
18	Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year
19	2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product
20	to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer's
21	Rhode Island alternative minimum tax.
22	(1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption
23	amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by
24	the tax administrator in the manner prescribed for adjustment by the commissioner of Internal
25	Revenue in 26 U.S.C. § 1(f).
26	(2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode
27	Island taxable income shall be determined by deducting from federal adjusted gross income as
28	defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island
29	itemized-deduction amount and the Rhode Island exemption amount as determined in this section.
30	(A) Tax imposed.
31	(1) There is hereby imposed on the taxable income of married individuals filing joint
32	returns and surviving spouses a tax determined in accordance with the following table:
33	If taxable income is: The tax is:
34	Not over $53,150 3.75% of taxable income
	LC000715 - Page 142 of 204
1	Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over
2	$53,150
3	Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over
4	$128,500
5	Over $195,850 but not over $349,700
6	$12,487.25 plus 9.00% of the excess over
7	$195,850
8	Over $349,700 $26,333.75 plus 9.90% of the excess over
9	$349,700
10	(2) There is hereby imposed on the taxable income of every head of household a tax
11	determined in accordance with the following table:
12	If taxable income is: The tax is:
13	Not over $42,650 3.75% of taxable income
14	Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over
15	$42,650
16	Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over
17	$110,100
18	Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over
19	$178,350
20	Over $349,700 $27,031.75 plus 9.90% of the excess over
21	$349,700
22	(3) There is hereby imposed on the taxable income of unmarried individuals (other than
23	surviving spouses and heads of households) a tax determined in accordance with the following
24	table:
25	If taxable income is: The tax is:
26	Not over $31,850 3.75% of taxable income
27	Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over
28	$31,850
29	Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over
30	$77,100
31	Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over
32	$160,850
33	Over $349,700 $27,849.00 plus 9.90% of the excess over
34	$349,700
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1	(4) There is hereby imposed on the taxable income of married individuals filing separate
2	returns and bankruptcy estates a tax determined in accordance with the following table:
3	If taxable income is: The tax is:
4	Not over $26,575 3.75% of taxable income
5	Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over
6	$26,575
7	Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over
8	$64,250
9	Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over
10	$97,925
11	Over $174,850 $13,166.88 plus 9.90% of the excess over
12	$174,850
13	(5) There is hereby imposed a taxable income of an estate or trust a tax determined in
14	accordance with the following table:
15	If taxable income is: The tax is:
16	Not over $2,150 3.75% of taxable income
17	Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
18	Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over
19	$5,000
20	Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over
21	$7,650
22	Over $10,450 $737.50 plus 9.90% of the excess over
23	$10,450
24	(6) Adjustments for inflation.
25	The dollars amount contained in paragraph (A) shall be increased by an amount equal to:
26	(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;
27	(b) The cost-of-living adjustment determined under section (J) with a base year of 1993;
28	(c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making
29	adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall
30	be determined under section (J) by substituting "1994" for "1993."
31	(B) Maximum capital gains rates.
32	(1) In general.
33	If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax
34	imposed by this section for such taxable year shall not exceed the sum of:
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1	(a) 2.5% of the net capital gain as reported for federal income tax purposes under section
2	26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b).
3	(b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
4	§ 1(h)(1)(c).
5	(c) 6.25% of the net capital gain as reported for federal income tax purposes under 26
6	U.S.C. § 1(h)(1)(d).
7	(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
8	§ 1(h)(1)(e).
9	(2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain
10	shall be determined under subdivision 44-30-2.6(c)(2)(A).
11	(C) Itemized deductions.
12	(1) In general.
13	For the purposes of section (2), "itemized deductions" means the amount of federal
14	itemized deductions as modified by the modifications in § 44-30-12.
15	(2) Individuals who do not itemize their deductions.
16	In the case of an individual who does not elect to itemize his deductions for the taxable
17	year, they may elect to take a standard deduction.
18	(3) Basic standard deduction.
19	The Rhode Island standard deduction shall be allowed in accordance with the following
20	table:
21	Filing status Amount
22	Single $5,350
23	Married filing jointly or qualifying widow(er) $8,900
24	Married filing separately $4,450
25	Head of Household $7,850
26	(4) Additional standard deduction for the aged and blind.
27	An additional standard deduction shall be allowed for individuals age sixty-five (65) or
28	older or blind in the amount of $1,300 for individuals who are not married and $1,050 for
29	individuals who are married.
30	(5) Limitation on basic standard deduction in the case of certain dependents.
31	In the case of an individual to whom a deduction under section (E) is allowable to another
32	taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:
33	(a) $850;
34	(b) The sum of $300 and such individual's earned income;
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1	(6) Certain individuals not eligible for standard deduction.
2	In the case of:
3	(a) A married individual filing a separate return where either spouse itemizes deductions;
4	(b) Nonresident alien individual;
5	(c) An estate or trust;
6	The standard deduction shall be zero.
7	(7) Adjustments for inflation.
8	Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount
9	equal to:
10	(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied
11	by
12	(b) The cost-of-living adjustment determined under section (J) with a base year of 1988.
13	(D) Overall limitation on itemized deductions.
14	(1) General rule.
15	In the case of an individual whose adjusted gross income as modified by § 44-30-12
16	exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the
17	taxable year shall be reduced by the lesser of:
18	(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12
19	over the applicable amount; or
20	(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for
21	such taxable year.
22	(2) Applicable amount.
23	(a) In general.
24	For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in the
25	case of a separate return by a married individual)
26	(b) Adjustments for inflation.
27	Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:
28	(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by
29	(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
30	(3) Phase-out of Limitation.
31	(a) In general.
32	In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,
33	the reduction under section (1) shall be equal to the applicable fraction of the amount which would
34	be the amount of such reduction.
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1	(b) Applicable fraction.
2	For purposes of paragraph (a), the applicable fraction shall be determined in accordance
3	with the following table:
4	For Taxable years beginning in calendar year The applicable fraction is
5	2006 and 2007 ⅔
6	2008 and 2009 ⅓
7	(E) Exemption amount.
8	(1) In general.
9	Except as otherwise provided in this subsection, the term "exemption amount" means
10	$3,400.
11	(2) Exemption amount disallowed in case of certain dependents.
12	In the case of an individual with respect to whom a deduction under this section is allowable
13	to another taxpayer for the same taxable year, the exemption amount applicable to such individual
14	for such individual's taxable year shall be zero.
15	(3) Adjustments for inflation.
16	The dollar amount contained in paragraph (1) shall be increased by an amount equal to:
17	(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by
18	(b) The cost-of-living adjustment determined under section (J) with a base year of 1989.
19	(4) Limitation.
20	(a) In general.
21	In the case of any taxpayer whose adjusted gross income as modified for the taxable year
22	exceeds the threshold amount shall be reduced by the applicable percentage.
23	(b) Applicable percentage.
24	In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
25	threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
26	$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
27	exceeds the threshold amount. In the case of a married individual filing a separate return, the
28	preceding sentence shall be applied by substituting ''$1,250'' for ''$2,500.'' In no event shall the
29	applicable percentage exceed one hundred percent (100%)
30	(c) Threshold Amount.
31	For the purposes of this paragraph, the term ''threshold amount'' shall be determined with
32	the following table:
33	Filing status Amount
34	Single $156,400
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1	Married filing jointly or qualifying widow(er) $234,600
2	Married filing separately $117,300
3	Head of Household $195,500
4	(d) Adjustments for inflation.
5	Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:
6	(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by
7	(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
8	(5) Phase-out of limitation.
9	(a) In general.
10	In the case of taxable years beginning after December 31, 2005, and before January 1,
11	2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which
12	would be the amount of such reduction.
13	(b) Applicable fraction.
14	For the purposes of paragraph (a), the applicable fraction shall be determined in accordance
15	with the following table:
16	For Taxable years beginning in calendar year The applicable fraction is
17	2006 and 2007 ⅔
18	2008 and 2009 ⅓
19	(F) Alternative minimum tax.
20	(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
21	subtitle) a tax equal to the excess (if any) of:
22	(a) The tentative minimum tax for the taxable year, over
23	(b) The regular tax for the taxable year.
24	(2) The tentative minimum tax for the taxable year is the sum of:
25	(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus
26	(b) 7.0 percent of so much of the taxable excess above $175,000.
27	(3) The amount determined under the preceding sentence shall be reduced by the
28	alternative minimum tax foreign tax credit for the taxable year.
29	(4) Taxable excess. For the purposes of this subsection the term "taxable excess" means so
30	much of the federal alternative minimum taxable income as modified by the modifications in § 44-
31	30-12 as exceeds the exemption amount.
32	(5) In the case of a married individual filing a separate return, subparagraph (2) shall be
33	applied by substituting "$87,500" for $175,000 each place it appears.
34	(6) Exemption amount.
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1	For purposes of this section "exemption amount" means:
2	Filing status Amount
3	Single $39,150
4	Married filing jointly or qualifying widow(er) $53,700
5	Married filing separately $26,850
6	Head of Household $39,150
7	Estate or trust $24,650
8	(7) Treatment of unearned income of minor children
9	(a) In general.
10	In the case of a minor child, the exemption amount for purposes of section (6) shall not
11	exceed the sum of:
12	(i) Such child's earned income, plus
13	(ii) $6,000
14	(8) Adjustments for inflation
15	The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
16	equal to:
17	(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by
18	(b) The cost-of-living adjustment determined under section (J) with a base year of 2004.
19	(9) Phase-out.
20	(a) In general.
21	The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount
22	equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income
23	of the taxpayer exceeds the threshold amount.
24	(b) Threshold amount.
25	For purposes of this paragraph, the term "threshold amount" shall be determined with the
26	following table:
27	Filing status Amount
28	Single $123,250
29	Married filing jointly or qualifying widow(er) $164,350
30	Married filing separately $82,175
31	Head of Household $123,250
32	Estate or trust $82,150
33	(c) Adjustments for inflation
34	Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:’
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1	(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by
2	(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.
3	(G) Other Rhode Island taxes.
4	(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
5	subtitle) a tax equal to twenty-five percent (25%) of:
6	(a) The Federal income tax on lump-sum distributions.
7	(b) The Federal income tax on parents' election to report child's interest and dividends.
8	(c) The recapture of Federal tax credits that were previously claimed on Rhode Island
9	return.
10	(H) Tax for children under 18 with investment income.
11	(1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:
12	(a) The Federal tax for children under the age of 18 with investment income.
13	(I) Averaging of farm income.
14	(1) General rule. At the election of an individual engaged in a farming business or fishing
15	business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
16	(a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §
17	1301].
18	(J) Cost-of-living adjustment.
19	(1) In general.
20	The cost-of-living adjustment for any calendar year is the percentage (if any) by which:
21	(a) The CPI for the preceding calendar year exceeds
22	(b) The CPI for the base year.
23	(2) CPI for any calendar year.
24	For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer
25	price index as of the close of the twelve (12) month period ending on August 31 of such calendar
26	year.
27	(3) Consumer price index.
28	For purposes of paragraph (2), the term "consumer price index" means the last consumer
29	price index for all urban consumers published by the department of labor. For purposes of the
30	preceding sentence, the revision of the consumer price index that is most consistent with the
31	consumer price index for calendar year 1986 shall be used.
32	(4) Rounding.
33	(a) In general.
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1	If any increase determined under paragraph (1) is not a multiple of $50, such increase shall
2	be rounded to the next lowest multiple of $50.
3	(b) In the case of a married individual filing a separate return, subparagraph (a) shall be
4	applied by substituting "$25" for $50 each place it appears.
5	(K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer
6	entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to
7	a credit against the Rhode Island tax imposed under this section:
8	(1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.]
9	(2) Child and dependent care credit;
10	(3) General business credits;
11	(4) Credit for elderly or the disabled;
12	(5) Credit for prior year minimum tax;
13	(6) Mortgage interest credit;
14	(7) Empowerment zone employment credit;
15	(8) Qualified electric vehicle credit.
16	(L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006,
17	a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island
18	tax imposed under this section if the adopted child was under the care, custody, or supervision of
19	the Rhode Island department of children, youth and families prior to the adoption.
20	(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
21	provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
22	including the rate reduction credit provided by the federal Economic Growth and Tax
23	Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
24	reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax
25	purposes shall determine the Rhode Island amount to be recaptured in the same manner as
26	prescribed in this subsection.
27	(N) Rhode Island earned-income credit.
28	(1) In general.
29	For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-
30	income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent
31	(25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode
32	Island income tax.
33	For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer
34	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
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1	equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the
2	amount of the Rhode Island income tax.
3	For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-
4	income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half
5	percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the
6	Rhode Island income tax.
7	For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-
8	income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)
9	of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island
10	income tax.
11	(2) Refundable portion.
12	In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this
13	section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall
14	be allowed as follows.
15	(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2)
16	refundable earned-income credit means fifteen percent (15%) of the amount by which the Rhode
17	Island earned-income credit exceeds the Rhode Island income tax.
18	(ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)
19	refundable earned-income credit means one hundred percent (100%) of the amount by which the
20	Rhode Island earned-income credit exceeds the Rhode Island income tax.
21	(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs
22	(A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years
23	thereafter for inclusion in the statute.
24	(3) For the period January 1, 2011, through December 31, 2011, and thereafter, "Rhode
25	Island taxable income" means federal adjusted gross income as determined under the Internal
26	Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-
27	30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph
28	44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph
29	44-30-2.6(c)(3)(C).
30	(A) Tax imposed.
31	(I) There is hereby imposed on the taxable income of married individuals filing joint
32	returns, qualifying widow(er), every head of household, unmarried individuals, married individuals
33	filing separate returns and bankruptcy estates, a tax determined in accordance with the following
34	table:
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1	RI Taxable Income RI Income Tax
2	Over But not over Pay + % on Excess on the amount
3	over
4	$ 0 - $ 55,000 $ 0 + 3.75% $ 0
5	55,000 - 125,000 2,063 + 4.75% 55,000
6	125,000 - 5,388 + 5.99% 125,000
7	(II) There is hereby imposed on the taxable income of an estate or trust a tax determined in
8	accordance with the following table:
9	RI Taxable Income RI Income Tax
10	Over But not over Pay + % on Excess on the amount
11	over
12	$ 0 - $ 2,230 $ 0 + 3.75% $ 0
13	2,230 - 7,022 84 + 4.75% 2,230
14	7,022 - 312 + 5.99% 7,022
15	(B) Deductions:
16	(I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction
17	shall be allowed in accordance with the following table:
18	Filing status Amount
19	Single $7,500
20	Married filing jointly or qualifying widow(er) $15,000
21	Married filing separately $7,500
22	Head of Household $11,250
23	(II) Nonresident alien individuals, estates and trusts are not eligible for standard
24	deductions.
25	(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
26	purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
27	dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage.
28	The term "applicable percentage" means twenty (20) percentage points for each five thousand
29	dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable
30	year exceeds one hundred seventy-five thousand dollars ($175,000).
31	(C) Exemption Amount:
32	(I) The term "exemption amount" means three thousand five hundred dollars ($3,500)
33	multiplied by the number of exemptions allowed for the taxable year for federal income tax
34	purposes. For tax years beginning on or after 2018, the term "exemption amount" means the same
	LC000715 - Page 153 of 204
1	as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and
2	Jobs Act (Pub. L. No. 115-97) on December 22, 2017.
3	(II) Exemption amount disallowed in case of certain dependents. In the case of an
4	individual with respect to whom a deduction under this section is allowable to another taxpayer for
5	the same taxable year, the exemption amount applicable to such individual for such individual's
6	taxable year shall be zero.
7	(III) Identifying information required.
8	(1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be
9	allowed under this section with respect to any individual unless the Taxpayer Identification Number
10	of such individual is included on the federal return claiming the exemption for the same tax filing
11	period.
12	(2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event
13	that the Taxpayer Identification Number for each individual is not required to be included on the
14	federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer
15	Identification Number must be provided on the Rhode Island tax return for the purpose of claiming
16	said exemption(s).
17	(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
18	purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
19	dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term
20	"applicable percentage" means twenty (20) percentage points for each five thousand dollars
21	($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
22	exceeds one hundred seventy-five thousand dollars ($175,000).
23	(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-
24	2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount
25	equal to:
26	(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B)
27	and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;
28	(II) The cost-of-living adjustment with a base year of 2000.
29	(III) For the purposes of this section, the cost-of-living adjustment for any calendar year is
30	the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
31	the consumer price index for the base year. The consumer price index for any calendar year is the
32	average of the consumer price index as of the close of the twelve-month (12) period ending on
33	August 31, of such calendar year.
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1	(IV) For the purpose of this section the term "consumer price index" means the last
2	consumer price index for all urban consumers published by the department of labor. For the purpose
3	of this section the revision of the consumer price index that is most consistent with the consumer
4	price index for calendar year 1986 shall be used.
5	(V) If any increase determined under this section is not a multiple of fifty dollars ($50.00),
6	such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a
7	married individual filing separate return, if any increase determined under this section is not a
8	multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple
9	of twenty-five dollars ($25.00).
10	(F) Credits against tax.
11	(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on
12	or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be
13	as follows:
14	(a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit
15	pursuant to subparagraph 44-30-2.6(c)(2)(N).
16	(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided
17	in § 44-33-1 et seq.
18	(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax
19	credit as provided in § 44-30.3-1 et seq.
20	(d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to
21	other states pursuant to § 44-30-74.
22	(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit
23	as provided in § 44-33.2-1 et seq.
24	(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture
25	production tax credit as provided in § 44-31.2-1 et seq.
26	(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of
27	the federal child and dependent care credit allowable for the taxable year for federal purposes;
28	provided, however, such credit shall not exceed the Rhode Island tax liability.
29	(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
30	contributions to scholarship organizations as provided in chapter 62 of title 44.
31	(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable
32	as if no withholding were required, but any amount of Rhode Island personal income tax actually
33	deducted and withheld in any calendar year shall be deemed to have been paid to the tax
34	administrator on behalf of the person from whom withheld, and the person shall be credited with
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1	having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable
2	year of less than twelve (12) months, the credit shall be made under regulations of the tax
3	administrator.
4	(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in
5	RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.
6	(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in
7	§ 42-64.20-1 et seq.
8	(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode
9	Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.
10	(m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,
11	unused carryforward for such credit previously issued shall be allowed for the historic
12	homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already
13	issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits
14	under the historic homeownership assistance act.
15	(n) Food products donation tax credit: Credit shall be allowed for the food products
16	donation tax credit as provided in § 44-71-1et seq.
17	(2) Except as provided in section 1 above, no other state and federal tax credit shall be
18	available to the taxpayers in computing tax liability under this chapter.
19	SECTION 5. Title 44 of the General Laws entitled “Taxation” is hereby amended by
20	adding thereto the following chapter:
21	CHAPTER 44-71
22	FOOD PRODUCTS DONATION TAX CREDIT
23	44-71-1. Short title.
24	This chapter shall be known as “The Food Products Donation Tax Credit Act.”
25	44-71-2. Declaration of purpose.
26	The general assembly finds and declares that it is in the interest of the state of Rhode Island
27	to promote fresh, healthy, and local food products and to provide an incentive for donations of such
28	food products to food banks in the state of Rhode Island by providing a tax credit to donors for
29	their donation of food products to food banks in the state of Rhode Island.
30	44-71-3. Definitions.
31	As used in this chapter:
32	(a) “Division of taxation” means the Rhode Island division of taxation.
33	(b) “Donor” means a food producing person that provides free of fee or charge food
34	products to a food bank operating in Rhode Island.
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1	(c) “Food bank” means an entity located in Rhode Island recognized as exempt from federal
2	taxation under Section 501(c)(3) of the Internal Revenue Code that distributes food products to
3	individuals in need.
4	(d) “Food producing person” means any person (1) responsible for or engaged in the
5	business of and (2) deriving income from:
6	(i) Growing fruits, nuts, grains, or vegetables, or other food products; or
7	(ii) Raising beef, poultry, pork, fish, or other food products.
8	(e) “Food products” means fruits, nuts, grains, vegetables, beef, poultry, pork, fish, or any
9	other edible products raised or grown in the state of Rhode Island, other than cannabis or cannabis
10	products, that are intended for and fit for human consumption.
11	44-71-4. Food products donation tax credit.
12	(a) There is allowed to qualified donors a nonrefundable credit against taxes imposed by
13	chapters 11 and 30 of title 44 equal to fifteen percent (15%) of the value of the donated food
14	products as determined under subsection (c) of this section. The amount of the tax credit shall not
15	exceed $5,000 for a taxable year. In the case of corporations, the tax credit allowed for any taxable
16	year shall not reduce the tax due for the year to less than the minimum tax as prescribed in § 44-
17	11-2(e).
18	(b) If the amount of the tax credit allowed under this chapter exceeds the taxpayer’s total
19	tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the
20	taxpayer’s tax liability may be carried forward and applied against the taxes imposed for the
21	succeeding four (4) years, or until the full amount of the credit is used, whichever occurs first.
22	Credits allowed to a partnership, a limited liability company taxed as a partnership, or multiple
23	owners of property shall be passed through to the persons designated as partners, members, or
24	owners documenting an alternative distribution method without regard to their sharing of other tax
25	or economic attributes of such entity.
26	(c) At the time of the donation of food products, the donor shall provide to the food bank
27	the estimated value of the donated food products as determined under subsection (c) of this section.
28	The food bank shall provide to the donor, on a form prescribed by the division of taxation, a signed
29	and dated statement containing, at a minimum:
30	(i) The type and quantity of food products donated;
31	(ii) The name, address, and taxpayer identification number of the donor;
32	(iii) The name and address of the donee food bank; and
33	(iv) The estimated value of the donated food products, as provided by the donor.
34	(d) The donor shall determine the value of the donated food products as follows:
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1	(i) If there was a previous sale of the food products to a buyer, the donor should retain a
2	copy of an invoice or other statement identifying the price received by the donor for the food
3	products of comparable grade or quality; or
4	(ii) If there is no previous sale of the food products to a buyer, the donor shall on the date
5	of the donation to the food bank, determine the value of the donated food products based on the
6	fair market value as determined by the average weekly regional produce auction prices or United
7	States Department of Agriculture prices for meat, fish, and dairy products.
8	(e) For any taxable year for which a donor seeks to claim the tax credit allowed under this
9	chapter, the donor shall attach to such donor’s income tax return a food donation tax credit form,
10	or other form, as prescribed by the division of taxation along with the donation form provided by
11	the foodbank to the donor.
12	(f) The total tax credit amount allowed under this chapter shall be calculated and credited
13	to the donor annually for each year in which the donation of food products is made after the division
14	of taxation has verified the donor’s compliance with the rules and regulations promulgated pursuant
15	to section 5 of this chapter.
16	44-71-5. Administration.
17	(a) The division of taxation shall make available suitable forms as are necessary to
18	implement the purposes of this chapter.
19	(b) The division of taxation may adopt guidelines, directives, criteria, and rules and
20	regulations as are necessary to implement the purposes of this chapter.
21	SECTION 6. This article shall take effect upon passage except for Section 3 which shall
22	take effect on October 1, 2023 and Section 5 which shall take effect for tax periods beginning on
23	or after January 1, 2023.
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1	ARTICLE 7
2	RELATING TO ECONOMIC DEVELOPMENT
3	SECTION 1. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-
4	64.20 entitled “Rebuild Rhode Island Tax Credit Act” are hereby amended to read as follows:
5	42-64.20-5. Tax credits. [Effective January 1, 2023]
6	(a) An applicant meeting the requirements of this chapter may be allowed a credit as set
7	forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of
8	the general laws for a qualified development project.
9	(b) To be eligible as a qualified development project entitled to tax credits, an applicant's
10	chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the
11	time of application, that:
12	(1) The applicant has committed a capital investment or owner equity of not less than
13	twenty percent (20%) of the total project cost;
14	(2) There is a project financing gap in which after taking into account all available private
15	and public funding sources, the project is not likely to be accomplished by private enterprise
16	without the tax credits described in this chapter; and
17	(3) The project fulfills the state's policy and planning objectives and priorities in that:
18	(i) The applicant will, at the discretion of the commerce corporation, obtain a tax
19	stabilization agreement from the municipality in which the real estate project is located on such
20	terms as the commerce corporation deems acceptable;
21	(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied
22	by at least one business employing at least 25 full-time employees after construction or such
23	additional full-time employees as the commerce corporation may determine; (B) Is a multi-family
24	residential development in a new, adaptive reuse, certified historic structure, or recognized
25	historical structure consisting of at least 20,000 square feet and having at least 20 residential units
26	in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic
27	structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at
28	least one business, subject to further definition through rules and regulations promulgated by the
29	commerce corporation; and
30	(iii) Involves a total project cost of not less than $5,000,000, except for a qualified
31	development project located in a hope community or redevelopment area designated under § 45-
32	32-4 in which event the commerce corporation shall have the discretion to modify the minimum
33	project cost requirement.
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1	(c) The commerce corporation shall develop separate, streamlined application processes
2	for the issuance of rebuild RI tax credits for each of the following:
3	(1) Qualified development projects that involve certified historic structures;
4	(2) Qualified development projects that involve recognized historical structures;
5	(3) Qualified development projects that involve at least one manufacturer; and
6	(4) Qualified development projects that include affordable housing or workforce housing.
7	(d) Applications made for a historic structure or recognized historic structure tax credit
8	under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of
9	taxation, at the expense of the commerce corporation, shall provide communications from the
10	commerce corporation to those who have applied for and are in the queue awaiting the offer of tax
11	credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax
12	credit program.
13	(e) Applicants (1) Who have received the notice referenced in subsection (d) above and
14	who may be eligible for a tax credit pursuant to chapter 33.6 of title 44, (2) Whose application
15	involves a certified historic structure or recognized historical structure, or (3) Whose project is
16	occupied by at least one manufacturer shall be exempt from the requirements of subsections
17	(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:
18	(i) The division of taxation shall remain responsible for determining the eligibility of an
19	applicant for tax credits awarded under chapter 33.6 of title 44;
20	(ii) The commerce corporation shall retain sole authority for determining the eligibility of
21	an applicant for tax credits awarded under this chapter; and
22	(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the
23	annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this
24	subsection (e).
25	(f) Maximum project credit.
26	(1) For qualified development projects, the maximum tax credit allowed under this chapter
27	shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to
28	close a project financing gap (after taking into account all other private and public funding sources
29	available to the project), as determined by the commerce corporation.
30	(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
31	exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)
32	for any qualified development project under this chapter; except as provided in subsection (f)(3) of
33	this section; provided however, any qualified development project that exceeds the project cap upon
34	passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further
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1	increased. No building or qualified development project to be completed in phases or in multiple
2	projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all
3	phases or projects involved in the rehabilitation of the building. Provided, however, that for
4	purposes of this subsection and no more than once in a given fiscal year, the commerce corporation
5	may consider the development of land and buildings by a developer on the "I-195 land" as defined
6	in § 42-64.24-3(6) as a separate, qualified development project from a qualified development
7	project by a tenant or owner of a commercial condominium or similar legal interest including
8	leasehold improvement, fit out, and capital investment. Such qualified development project by a
9	tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be
10	exempted from subsection (f)(1)(i) of this section.
11	(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
12	exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars
13	($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter
14	into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that
15	project is approved for credits pursuant to this chapter by the commerce corporation.
16	(g) Credits available under this chapter shall not exceed twenty percent (20%) of the project
17	cost, provided, however, that the applicant shall be eligible for additional tax credits of not more
18	than ten percent (10%) of the project cost, if the qualified development project meets any of the
19	following criteria or other additional criteria determined by the commerce corporation from time
20	to time in response to evolving economic or market conditions:
21	(1) The project includes adaptive reuse or development of a recognized historical structure;
22	(2) The project is undertaken by or for a targeted industry;
23	(3) The project is located in a transit-oriented development area;
24	(4) The project includes residential development of which at least twenty percent (20%) of
25	the residential units are designated as affordable housing or workforce housing;
26	(5) The project includes the adaptive reuse of property subject to the requirements of the
27	industrial property remediation and reuse act, § 23-19.14-1 et seq.; or
28	(6) The project includes commercial facilities constructed in accordance with the minimum
29	environmental and sustainability standards, as certified by the commerce corporation pursuant to
30	Leadership in Energy and Environmental Design or other equivalent standards.
31	(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,
32	inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed
33	two hundred ten million dollars ($210,000,000) two hundred twenty five million dollars
34	($225,000,000), excluding any tax credits allowed pursuant to subsection (f)(3) of this section.
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1	(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the
2	project is placed in service.
3	(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer
4	in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent
5	(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable
6	year.
7	(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total
8	tax liability for the year in which the relevant portion of the credit is allowed, the amount that
9	exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for
10	the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed
11	to a partnership, a limited-liability company taxed as a partnership, or multiple owners of property
12	shall be passed through to the persons designated as partners, members, or owners respectively pro
13	rata or pursuant to an executed agreement among persons designated as partners, members, or
14	owners documenting an alternate distribution method without regard to their sharing of other tax
15	or economic attributes of such entity.
16	(l) The commerce corporation, in consultation with the division of taxation, shall establish,
17	by regulation, the process for the assignment, transfer, or conveyance of tax credits.
18	(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer
19	for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
20	taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller's tax calculation
21	for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,
22	without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a
23	natural person, the seller's tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,
24	for the year of revocation, or adjustment, shall be increased by including the total amount of the
25	sales proceeds without proration.
26	(n) The tax credit allowed under this chapter may be used as a credit against corporate
27	income taxes imposed under chapter 11, 13, 14, or 17, of title 44, or may be used as a credit against
28	personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such
29	as a partnership, a limited-liability company taxed as a partnership, or multiple owners of property.
30	(o) In the case of a corporation, this credit is only allowed against the tax of a corporation
31	included in a consolidated return that qualifies for the credit and not against the tax of other
32	corporations that may join in the filing of a consolidated tax return.
33	(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem
34	this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division
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1	of taxation, in consultation with the commerce corporation, shall establish by regulation a
2	redemption process for tax credits.
3	(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the
4	commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
5	following classes of personal property only to the extent utilized directly and exclusively in the
6	project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;
7	or (2) Other materials, including construction materials and supplies, that are depreciable and have
8	a useful life of one year or more and are essential to the project.
9	(r) The commerce corporation shall promulgate rules and regulations for the administration
10	and certification of additional tax credit under subsection (e), including criteria for the eligibility,
11	evaluation, prioritization, and approval of projects that qualify for such additional tax credit.
12	(s) The commerce corporation shall not have any obligation to make any award or grant
13	any benefits under this chapter.
14	42-64.20-10. Sunset.
15	No credits shall be authorized to be reserved pursuant to this chapter after December 31,
16	2023December 31, 2024.
17	SECTION 2. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode
18	Island Tax Increment Financing” is hereby amended to read as follows:
19	42-64.21-9. Sunset.
20	The commerce corporation shall enter into no agreement under this chapter after December
21	31, 20232024.
22	SECTION 3. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax
23	Stabilization Incentive” is hereby amended to read as follows:
24	42-64.22-15. Sunset.
25	The commerce corporation shall enter into no agreement under this chapter after December
26	31, 2023December 31, 2024.
27	SECTION 4. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First
28	Wave Closing Fund Act” is hereby amended to read as follows:
29	42-64.23-8. Sunset.
30	No financing shall be authorized to be reserved pursuant to this chapter after December 31,
31	2023December 31, 2024.
32	SECTION 5. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195
33	Redevelopment Project Fund Act” is hereby amended as follows:
34	42-64.24-8. Sunset.
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1	No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant
2	to this chapter after December 31, 2023December 31, 2024.
3	SECTION 6. Section 42-64.25-14 of the General Laws in Chapter 42-64.24 entitled “Small
4	Business Assistance Program Act” is hereby amended as follows:
5	42-64.25-14 Sunset.
6	No grants, funding, or incentives shall be authorized pursuant to this chapter after
7	December 31, 2023 December 31, 2024.
8	SECTION 7. Sections 42-64.26-3, 42-64.26-4, 42-64.26-5 and 42-64.26-12 of the General
9	Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are hereby
10	amended to read as follows:
11	42-64.26-3. Definitions.
12	As used in this chapter:
13	(1) “Applicant” means an eligible graduate who applies for a tax credit for education loan
14	repayment expenses under this chapter.
15	(2) “Award” means a tax credit awarded by the commerce corporation to an applicant as
16	provided under this chapter.
17	(3) “Commerce corporation” means the Rhode Island commerce corporation established
18	pursuant to chapter 64 of this title.
19	(4) “Eligibility period” means a term of up to four (4) consecutive service periods
20	beginning with the date that an eligible graduate receives initial notice of award under this chapter
21	and expiring at the conclusion of the fourth service period after such date specified.
22	(5) “Eligibility requirements” means the following qualifications or criteria required for an
23	applicant to claim an award under this chapter:
24	(i) That the applicant shall have graduated from an accredited two-year (2), four-year (4)
25	or graduate postsecondary institution of higher learning with an associate’s, bachelor’s, graduate,
26	or post-graduate degree and at which the applicant incurred education loan repayment expenses;
27	(ii) That the applicant shall be a full-time employee with a Rhode Island-based employer
28	located in this state throughout the eligibility period, whose employment is
29	(a) for work in one or more of the following covered fields: life, natural or environmental
30	sciences; computer, information or software technology; advanced mathematics or finance;
31	engineering; industrial design or other commercially related design field; or medicine or medical
32	device technology.;
33	(b) as a teacher; or
34	(c) as a healthcare applicant.
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1	(6) “Eligible expenses” or “education loan repayment expenses” means annual higher
2	education loan repayment expenses, including, without limitation, principal, interest and fees, as
3	may be applicable, incurred by an eligible graduate and which the eligible graduate is obligated to
4	repay for attendance at a postsecondary institution of higher learning.
5	(7) “Eligible graduate” means an individual who meets the eligibility requirements under
6	this chapter.
7	(8) “Full-time employee” means a person who is employed by a business for consideration
8	for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of
9	service generally accepted by custom or practice as full-time employment, or who is employed by
10	a professional employer organization pursuant to an employee leasing agreement between the
11	business and the professional employer organization for a minimum of thirty-five (35) hours per
12	week, or who renders any other standard of service generally accepted by custom or practice as
13	full-time employment, and whose wages are subject to withholding.
14	(9) “Healthcare applicant” means any applicant who meets the eligibility requirements and
15	works as a full-time employee as a high-demand healthcare practitioner or mental health
16	professional, including, but not limited to, clinical social workers and mental health counselors
17	licensed by the department of health, and as defined in regulations to be promulgated by the
18	commerce corporation, in consultation with the executive office of health and human services,
19	pursuant to chapter 35 of this title.
20	(10) “Healthcare fund” refers to the “Healthcare Stay Invested in RI Wavemaker
21	Fellowship Fund” established pursuant to § 42-64.26-4(b).
22	(110) “Rhode Island-based employer” means: (i) An employer having a principal place of
23	business or at least fifty-one percent (51%) of its employees located in this state; or (ii) An employer
24	registered to conduct business in this state that reported Rhode Island tax liability in the previous
25	tax year.
26	(121) “Service period” means a twelve-month (12) period beginning on the date that an
27	eligible graduate receives initial notice of award under this chapter.
28	(123) “STEM/designf Fund” refers to the “Stay Invested in RI Wavemaker Fellowship
29	Fund” established pursuant to § 42-64.26-4(a).
30	(134) “Student loan” means a loan to an individual by a public authority or private lender
31	to assist the individual to pay for tuition, books, and living expenses in order to attend a
32	postsecondary institution of higher learning.
33	(145) “Taxpayer” means an applicant who receives a tax credit under this chapter.
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1	(15) “Teacher” shall have the meaning prescribed to it in rules and regulations to be
2	promulgated by the Commerce Corporation in consultation with the Rhode Island Department of
3	Elementary and Secondary Education.
4	42-64.26-4. Establishment of funds — Purposes — Composition.
5	(a) There is hereby established the “Stay Invested in RI Wavemaker Fellowship Fund” to
6	be administered by the commerce corporation as set forth in this chapter.
7	(b) There is hereby established the “Healthcare Stay Invested in RI Wavemaker Fellowship
8	Fund” to be administered by the commerce corporation as set forth in this chapter.
9	(bc) The purpose of the STEM/design fund, and healthcare fund is to expand employment
10	opportunities in the state and to retain talented individuals in the state by providing tax credits in
11	relation to education loan repayment expenses to applicants who meet the eligibility requirements
12	under this chapter.
13	(cd) The STEM/design fund, and healthcare shall consist of:
14	(1) Money appropriated in the state budget to the fund;
15	(2) Money made available to the fund through federal programs or private contributions;
16	and
17	(3) Any other money made available to the fund.
18	(de) The STEM/design fund shall be used to pay for the redemption of tax credits or
19	reimbursement to the state for tax credits applied against the tax liability of any non-healthcare
20	applicant who received an award. The healthcare fund shall be used to pay for the redemption of
21	tax credits or reimbursement to the state for tax credits applied against the tax liability of any
22	healthcare applicant who received an award on or after July 1, 2022. The funds shall be exempt
23	from attachment, levy, or any other process at law or in equity. The director of the department of
24	revenue shall make a requisition to the commerce corporation for funding during any fiscal year as
25	may be necessary to pay for the redemption of tax credits presented for redemption or to reimburse
26	the state for tax credits applied against a taxpayer’s tax liability. The commerce corporation shall
27	pay from the funds such amounts as requested by the director of the department of revenue
28	necessary for redemption or reimbursement in relation to tax credits granted under this chapter.
29	42-64.26-5. Administration.
30	(a) Application. An eligible graduate claiming an award under this chapter shall submit
31	to the commerce corporation an application in the manner that the commerce corporation shall
32	prescribe.
33	(b) Upon receipt of a proper application from an applicant who meets all of the eligibility
34	requirements, the commerce corporation shall select applicants on a competitive basis to receive
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1	credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for
2	an associate’s degree holder, four thousand dollars ($4,000) for a bachelor’s degree holder, and six
3	thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the
4	education loan repayment expenses incurred by such taxpayer during each service period
5	completed, for up to four (4) consecutive service periods provided that the taxpayer continues to
6	meet the eligibility requirements throughout the eligibility period. The commerce corporation shall
7	delegate the selection of the applicants that are to receive awards to a fellowship committee to be
8	convened by the commerce corporation and promulgate the selection procedures the fellowship
9	committee will use, which procedures shall require that the committee’s consideration of
10	applications be conducted on a name-blind and employer-blind basis and that the applications and
11	other supporting documents received or reviewed by the fellowship committee shall be redacted of
12	the applicant’s name, street address, and other personally-identifying information as well as the
13	applicant’s employer’s name, street address, and other employer-identifying information. The
14	commerce corporation shall determine the composition of the fellowship committee and the
15	selection procedures it will use in consultation with the state’s chambers of commerce.
16	Notwithstanding the foregoing, the commerce corporation shall create and establish a committee
17	to evaluate any healthcare applicant for an award in the same manner as prescribed in this
18	subsection. The executive office of health and human services (“EOHHS”) shall be represented on
19	the committee and provide consultation to the commerce corporation on selection procedures.
20	Notwithstanding EOHHS’s consultation and representation in the selection of healthcare
21	applicants, the commerce corporation shall administer all other aspects of a healthcare applicant’s
22	application, award, and certification.
23	(c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of
24	the education loan repayment expenses incurred by such taxpayer during each service period
25	completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the
26	taxpayer upon proof that (i) The taxpayer has actually incurred and paid such education loan
27	repayment expenses; (ii) The taxpayer continues to meet the eligibility requirements throughout
28	the service period; (iii) The award shall not exceed the original loan amount plus any capitalized
29	interest less award previously claimed under this section; and (iv) The taxpayer claiming an award
30	is current on his or her student loan repayment obligations.
31	(d) The commerce corporation shall not commit to overall STEM/design awards in excess
32	of the amount contained in the STEM/design fund or to overall healthcare awards in excess of the
33	amount contained in the healthcare fund.
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1	(e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in
2	a calendar year to applicants who are permanent residents of the state of Rhode Island or who
3	attended an institution of higher education located in Rhode Island when they incurred the
4	education loan expenses to be repaid.
5	(f) In administering award, the commerce corporation shall:
6	(1) Require suitable proof that an applicant meets the eligibility requirements for award
7	under this chapter;
8	(2) Determine the contents of applications and other materials to be submitted in support
9	of an application for award under this chapter; and
10	(3) Collect reports and other information during the eligibility period for each award to
11	verify that a taxpayer continues to meet the eligibility requirements for an award.
12	42-64.26-12. Sunset.
13	No incentives or credits shall be authorized pursuant to this chapter after December 31,
14	2023December 31, 2024.
15	SECTION 8. Sections 42-64.27-2 and 42-64.27-6 of the General Laws in Chapter 42-64.27
16	entitled “Main Street Rhode Island Streetscape Improvement Fund” are hereby amended as
17	follows:
18	42-64.27-2. Fund Established.
19	The main street RI streetscape improvement fund is hereby created within the Rhode Island
20	commerce corporation. The commerce corporation is authorized, within available appropriations,
21	to administer a program to award loans, matching grants, and other forms of financing to facilitate
22	improvement of streetscapes such as but not limited to (1) enhanced sidewalks, (2) new wayfinding
23	signage, (3) upgraded building facades, and (4) improved street and public space lighting, and (5)
24	technical assistance, in support of creating an attractive environment for small business
25	development and commerce. The commerce corporation shall include maximum amounts for
26	program administration and awards for technical assistance in the rules and regulations
27	promulgated pursuant to § 42-64.27-3. Applications and awards of grants or loans shall be on a
28	rolling basis. There is established an account in the name of the "main street RI streetscape
29	improvement fund" under the control of the commerce corporation, and the commerce corporation
30	shall pay into such account any eligible funds available to the commerce corporation from any
31	source, including funds appropriated by the state and any grants made available by the United States
32	or any agency of the United States.
33	42-64.27-6. Sunset.
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1	No incentives shall be authorized pursuant to this chapter after December 31,
2	2023December 31, 2024.
3	SECTION 9. Sections 42-64.28-6 and 42-64.28-10 of the General Laws in Chapter 42-
4	64.28 entitled “Innovation Initiative” is hereby amended as follows:
5	42-64.28-6. Voucher amounts and matching fund awards.
6	(a) Voucher award amounts to a selected applicant shall be determined by the corporation,
7	to be in the minimum amount of five thousand dollars ($5,000) and the maximum amount of fifty
8	thousand dollars ($50,000) seventy-five thousand dollars ($75,000), subject to appropriations or
9	other available moneys in the fund.
10	(b) Matching fund awards shall be awarded to organizations in an amount approved by the
11	corporation, subject to appropriations or other available moneys in the fund.
12	42-64.28-10. Sunset.
13	No vouchers, grants, or incentives shall be authorized pursuant to this chapter after
14	December 31, 2023December 31, 2024.
15	SECTION 10. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled “High
16	School, College, and Employer Partnerships” is hereby amended as follows:
17	42-64.31-4. Sunset.
18	No grants shall be authorized pursuant to this chapter after December 31, 2023December
19	31, 2024.
20	SECTION 11. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled “Air
21	Service Development Fund” is hereby amended as follows:
22	42-64.32-6. Sunset.
23	No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant
24	to this chapter after December 31, 2023December 31, 2024.
25	SECTION 12. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode
26	Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows:
27	44-48.3-14. Sunset.
28	No credits shall be authorized to be reserved pursuant to this chapter after December 31,
29	2023December 31, 2024.
30	SECTION 13. This article shall take effect upon passage.
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1	ARTICLE 8
2	RELATING TO EDUCATION
3	SECTION 1. Section 16-7-41.1 of the General Laws in Chapter 16-7 entitled “Foundation
4	Level School Support [See Title 16 Chapter 97 – The Rhode Island Board of Education Act]” is
5	hereby amended to read as follows:
6	16-7-41.1. Eligibility for reimbursement.
7	(a) School districts, not municipalities, may apply for and obtain approval for a project
8	under the necessity of school construction process set forth in the regulations of the council on
9	elementary and secondary education, provided, however, in the case of a municipality that issues
10	bonds through the Rhode Island health and educational building corporation to finance or refinance
11	school facilities for a school district that is not part of the municipality, the municipality may apply
12	for and obtain approval for a project. Such approval will remain valid until June 30 of the third
13	fiscal year following the fiscal year in which the council on elementary and secondary education’s
14	approval is granted. Only those projects undertaken at school facilities under the care and control
15	of the school committee and located on school property may qualify for reimbursement under §§
16	16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are
17	operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under
18	§§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for
19	reimbursement in the following fiscal year. A project for new school housing or additional housing
20	shall be deemed to be completed when the work has been officially accepted by the school
21	committee or when the housing is occupied for its intended use by the school committee, whichever
22	is earlier.
23	(b) Notwithstanding the provisions of this section, the board of regents shall not grant final
24	approval for any project between June 30, 2011, and May 1, 2015, except for projects that are
25	necessitated by immediate health and safety reasons. In the event that a project is requested during
26	the moratorium because of immediate health and safety reasons, those proposals shall be reported
27	to the chairs of the house and senate finance committees.
28	(c) Any project approval granted prior to the adoption of the school construction
29	regulations in 2007, and which are currently inactive; and any project approval granted prior to the
30	adoption of the school construction regulations in 2007 which did not receive voter approval or
31	which has not been previously financed, are no longer eligible for reimbursement under this
32	chapter. The department of elementary and secondary education shall develop recommendations
33	for further cost containment strategies in the school housing aid program.
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1	(d) Beginning July 1, 2015, the council on elementary and secondary education shall
2	approve new necessity of school construction applications on an annual basis. The department of
3	elementary and secondary education shall develop an annual application timeline for local
4	education agencies seeking new necessity of school construction approvals.
5	(e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten
6	million dollars ($10,000,000) unless the prime contractor for the project has received
7	prequalification from the school building authority.
8	(f) Beginning July 1, 2019, the necessity of school construction process set forth in the
9	regulations of the council on elementary and secondary education shall include a single statewide
10	process, developed with the consultation of the department of environmental management, that will
11	ensure community involvement throughout the investigation and remediation of contaminated
12	building sites for possible reuse as the location of a school. That process will fulfill all provisions
13	of § 23-19.14-5 related to the investigation of reuse of such sites for schools.
14	(g) Beginning July 1, 2019, school housing projects exceeding one million five hundred
15	thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a
16	commissioning agent. The cost of the program manager and commissioning agent shall be
17	considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5.
18	(h) Temporary housing, or swing space, for students shall be a reimbursable expense so
19	long as a district can demonstrate that no other viable option to temporarily house students exists
20	and provided that use of the temporary space is time limited for a period not to exceed twenty-four
21	(24) months and tied to a specific construction project.
22	(i) Environmental site remediation, as defined by the school building authority, shall be a
23	reimbursable expense up to one million dollars ($1,000,000) per project.
24	(j) If, within thirty (30) years of construction, a newly constructed school is sold to a private
25	entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid
26	reimbursement rate at the time of project completion.
27	(k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being
28	followed, and § 37-14.1-6, ensuring that minority business enterprises reach a minimum of ten
29	fifteen percent (1015%) of the dollar value of the bid.
30	SECTION 2. Sections 16-7.2-3 and 16-7.2-5 of the General Laws in Chapter 16-7.2 entitled
31	“The Education Equity and Property Tax Relief Act” are hereby amended to read as follows:
32	16-7.2-3. Permanent foundation education aid established.
33	(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall
34	take effect. The foundation education aid for each district shall be the sum of the core instruction
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1	amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),
2	which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to
3	determine the foundation aid.
4	(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-
5	instruction amount as established by the department of elementary and secondary education,
6	derived from the average of northeast regional expenditure data for the states of Rhode Island,
7	Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics
8	(NCES) that will adequately fund the student instructional needs as described in the basic education
9	program and multiplied by the district average daily membership as defined in § 16-7-22.
10	Expenditure data in the following categories: instruction and support services for students,
11	instruction, general administration, school administration, and other support services from the
12	National Public Education Financial Survey, as published by NCES, and enrollment data from the
13	Common Core of Data, also published by NCES, will be used when determining the core-
14	instruction amount. The core-instruction amount will be updated annually. For the purpose of
15	calculating this formula, school districts’ resident average daily membership shall exclude charter
16	school and state-operated school students.
17	(2) The amount to support high-need students beyond the core-instruction amount shall be
18	determined by multiplying a student success factor of forty percent (40%) by the core instruction
19	per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child
20	whose family income is at or below one hundred eighty-five percent (185%) of federal poverty
21	guidelines, hereinafter referred to as “poverty status.” Provided further, for the fiscal year beginning
22	July 1, 2023 and for subsequent fiscal years, the student success factor shall be forty-two percent
23	(42%). By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state
24	fiscal year 2024 and thereafter, the department of elementary and secondary education shall
25	develop and utilize a poverty measure that in the department’s assessment most accurately serves
26	as a proxy for the poverty status referenced in this subsection and does not rely on the
27	administration of school nutrition programs. The department shall utilize this measure in
28	calculations pursuant to this subsection related to the application of the student success factor, in
29	calculations pursuant to § 16-7.2-4 related to the calculation of the state share ratio, and in the
30	formulation of estimates pursuant to subsection (b) below. The department may also include any
31	recommendations which seek to mitigate any disruptions associated with the implementation of
32	this new poverty measure or improve the accuracy of its calculation.
33	(3) The amount to support homeless students beyond the core-instruction amount shall be
34	determined by multiplying a factor of twenty-five percent (25%) by the core instruction per-pupil
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1	amount described in subdivision (a)(1) and applying that amount for each resident child whose
2	family is experiencing homelessness.
3	(b) The department of elementary and secondary education shall provide an estimate of the
4	foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate
5	shall include the most recent data available as well as an adjustment for average daily membership
6	growth or decline based on the prior year experience.
7	(c) In addition, the department shall report updated figures based on the average daily
8	membership as of October 1 by December 1.
9	(d) Local education agencies may set aside a portion of funds received under subsection
10	(a) to expand learning opportunities such as after school and summer programs, full-day
11	kindergarten and/or multiple pathway programs, provided that the basic education program and all
12	other approved programs required in law are funded.
13	(e) The department of elementary and secondary education shall promulgate such
14	regulations as are necessary to implement fully the purposes of this chapter.
15	16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical
16	High School, and the Metropolitan Regional Career and Technical Center.
17	(a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr.
18	Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical
19	Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment
20	data for any charter public school shows a ten percent (10%) or greater change from the prior year
21	enrollment that is used as the reference year average daily membership, the last six (6) monthly
22	payments to the charter public school will be adjusted to reflect actual enrollment. The state share
23	of the permanent foundation education aid shall be paid by the state directly to the charter public
24	schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-
25	share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of
26	elementary and secondary education shall provide the general assembly with the calculation of the
27	state share of permanent foundation education aid for charter public schools delineated by school
28	district.
29	(b) The local share of education funding shall be paid to the charter public school, Davies,
30	and the Met Center by the district of residence of the student and shall be the local, per-pupil cost
31	calculated by dividing the local appropriation to education from property taxes, net of debt service,
32	and capital projects, as defined in the uniform chart of accounts by the average daily membership
33	for each city and town, pursuant to § 16-7-22, for the reference year.
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1	(c) Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by
2	the district of residence to charter public schools, Davies, and the Met Center. This reduction shall
3	be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of
4	residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public
5	textbooks, transportation for non-public students, retiree health benefits, out-of-district special-
6	education tuition and transportation, services for students age eighteen (18) to twenty-one (21)
7	years old, pre-school screening and intervention, and career and technical education, tuition and
8	transportation costs, debt service and rental costs minus the average expenses incurred by charter
9	schools for those same categories of expenses as reported in the uniform chart of accounts for the
10	prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary
11	and secondary education. In the case where audited financials result in a change in the calculation
12	after the first tuition payment is made, the remaining payments shall be based on the most recent
13	audited data. For those districts whose greater reduction occurs under the calculation of (ii), there
14	shall be an additional reduction to payments to mayoral academies with teachers who do not
15	participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil
16	value of teacher retirement costs attributable to unfunded liability as calculated by the state’s
17	actuary for the prior preceding fiscal year.
18	(d) Local district payments to charter public schools, Davies, and the Met Center for each
19	district’s students enrolled in these schools shall be made on a quarterly basis in July, October,
20	January, and April; however, the first local-district payment shall be made by August 15, instead
21	of July. Failure of the community to make the local-district payment for its student(s) enrolled in a
22	charter public school, Davies, and/or the Met Center may result in the withholding of state
23	education aid pursuant to § 16-7-31.
24	(e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met
25	Center enrollment, that, combined, comprise five percent (5%) or more of the average daily
26	membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid
27	in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies,
28	or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount
29	of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter
30	public school, open-enrollment schools, Davies, or the Met Center students as of the reference year
31	as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019
32	shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met
33	Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty
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1	dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the
2	districts of residence.
3	(f) School districts with charter public school, Davies, and the Met Center enrollment, that,
4	combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-
5	7-22, shall receive additional aid intended to help offset the impact of new and expanding charter
6	schools. For FY 2022, aid shall be equal to the number of new students being served as determined
7	by the difference between the reference year as defined in § 16-7-16 and FY 2019 times a per-pupil
8	amount of five hundred dollars ($500). For FY 2023 and thereafter, aid shall be equal to the number
9	of new students being served as determined by the difference between the reference year as defined
10	in § 16-7-16 and the prior reference year times a per-pupil amount of five hundred dollars ($500).
11	The additional aid shall be used to offset the adjusted fixed costs retained by the districts of
12	residence.
13	(g) Beginning in FY 2024 and annually thereafter, the aid to school districts that have had
14	new charter school seats added at any time after July 1, 2023 shall be equal to sixty percent (60%)
15	of the foundation education aid for the added seats in the first year of any such increase, thirty
16	percent (30%) in the second year, and zero percent 0% in the third year and thereafter.
17	SECTION 3. This Article shall take effect upon passage.
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1	ARTICLE 9
2	RELATING TO MEDICAL ASSISTANCE
3	SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing
4	of Health Care Facilities" is hereby amended to read as follows:
5	23-17-38.1. Hospitals -- Licensing fee.
6	(a) There is imposed a hospital licensing fee for state fiscal year 2021 against each hospital
7	in the state. The hospital licensing fee is equal to five percent (5.0%) of the net patient-services
8	revenue of every hospital for the hospital’s first fiscal year ending on or after January 1, 2019,
9	except that the license fee for all hospitals located in Washington County, Rhode Island shall be
10	discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject
11	to approval by the Secretary of the U.S. Department of Health and Human Services of a state plan
12	amendment submitted by the executive office of health and human services for the purpose of
13	pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall
14	be administered and collected by the tax administrator, division of taxation within the department
15	of revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall
16	apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 13, 2021,
17	and payments shall be made by electronic transfer of monies to the general treasurer and deposited
18	to the general fund. Every hospital shall, on or before June 15, 2020, make a return to the tax
19	administrator containing the correct computation of net patient-services revenue for the hospital
20	fiscal year ending September 30, 2019, and the licensing fee due upon that amount. All returns
21	shall be signed by the hospital’s authorized representative, subject to the pains and penalties of
22	perjury.
23	(b) (a) There is also imposed a hospital licensing fee for state fiscal year 2022 against each
24	hospital in the state. The hospital licensing fee is equal to five and six hundred fifty-six thousandths
25	percent (5.656%) of the net patient-services revenue of every hospital for the hospital’s first fiscal
26	year ending on or after January 1, 2020, except that the license fee for all hospitals located in
27	Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount
28	for Washington County hospitals is subject to approval by the Secretary of the U.S. Department of
29	Health and Human Services of a state plan amendment submitted by the executive office of health
30	and human services for the purpose of pursuing a waiver of the uniformity requirement for the
31	hospital license fee. This licensing fee shall be administered and collected by the tax administrator,
32	division of taxation within the department of revenue, and all the administration, collection, and
33	other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
34	the tax administrator on or before July 13, 2022, and payments shall be made by electronic transfer
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1	of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
2	before June 15, 2022, make a return to the tax administrator containing the correct computation of
3	net patient-services revenue for the hospital fiscal year ending September 30, 2020, and the
4	licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized
5	representative, subject to the pains and penalties of perjury.
6	(c) (b) There is also imposed a hospital licensing fee for state fiscal year 2023 against each
7	hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent
8	(5.42%) of the net patient-services revenue of every hospital for the hospital’s first fiscal year
9	ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington
10	County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for
11	Washington County hospitals is subject to approval by the Secretary of the U.S. Department of
12	Health and Human Services of a state plan amendment submitted by the executive office of health
13	and human services for the purpose of pursuing a waiver of the uniformity requirement for the
14	hospital license fee. This licensing fee shall be administered and collected by the tax administrator,
15	division of taxation within the department of revenue, and all the administration, collection, and
16	other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
17	the tax administrator on or before June 30, 2023, and payments shall be made by electronic transfer
18	of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
19	before May 25, 2023, make a return to the tax administrator containing the correct computation of
20	net patient-services revenue for the hospital fiscal year ending September 30, 2021, and the
21	licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized
22	representative, subject to the pains and penalties of perjury.
23	(c) There is also imposed a hospital licensing fee described in subsections d through g for
24	state fiscal year 2024 against net patient-services revenue of every non-government owned hospital
25	as defined herein for the hospital’s first fiscal year ending on or after January 1, 2022. The hospital
26	licensing fee shall have three (3) tiers with differing fees based on inpatient and outpatient net
27	patient-services revenue. The executive office of health and human services, in consultation with
28	the tax administrator, shall identify the hospitals in each tier, subject to the definitions in this
29	section, by July 15, 2023, and shall notify each hospital of its tier by August 1, 2023.
30	(d) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or Tier
31	3.
32	(1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and fifty-four
33	hundredths percent (13.54%) of the inpatient net patient-services revenue derived from inpatient
34	net patient-services revenue of every Tier 1 hospital.
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1	(2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and seventy-three
2	hundredths percent (13.73%) of the net patient-services revenue derived from outpatient net
3	patient-services revenue of every Tier 1 hospital.
4	(e) Tier 2 is composed of High Medicaid/Uninsured Cost Hospitals and Independent
5	Hospitals.
6	(1) The inpatient hospital licensing fee for Tier 2 is equal to two and seventy-one
7	hundredths (2.71%) of the inpatient net patient-services revenue derived from inpatient net patient-
8	services revenue of every Tier 2 hospital.
9	(2) The outpatient hospital licensing fee for Tier 2 is equal to two and seven-five one
10	hundredths (2.75%) of the outpatient net patient-services revenue derived from outpatient net
11	patient-services revenue of every Tier 2 hospital.
12	(f) Tier 3 is composed of hospitals that are Medicare-designated Low Volume hospitals
13	and rehabilitative hospitals.
14	(1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-five hundredths
15	(1.35%) of the inpatient net patient-services revenue derived from inpatient net patient-services
16	revenue of every Tier 3 hospital.
17	(2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-seven
18	hundredths (1.37%) of the outpatient net patient-services revenue derived from outpatient net
19	patient-services revenue of every Tier 3 hospital.
20	(g) There is also imposed a hospital licensing fee for state fiscal year 2024 against state-
21	government owned and operated hospitals in the state as defined therein. The hospital licensing
22	fee is equal to five and forty-two hundredths percent (5.42%) of the net patient-services revenue of
23	every hospital for the hospital’s first fiscal year ending on or after January 1, 2022.
24	(h) The hospital licensing fee described in subsections (c) through (g) is subject to U.S.
25	Department of Health and Human Services approval of a request to waive the requirement that
26	health care-related taxes be imposed uniformly as contained in 42 CFR 433.68(d).
27	(i) This hospital licensing fee shall be administered and collected by the tax administrator,
28	division of taxation within the department of revenue, and all the administration, collection, and
29	other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
30	the tax administrator on a quarterly basis and fully before June 30, 2024, and payments shall be
31	made by electronic transfer of monies to the tax administrator and deposited to the general fund.
32	Every hospital shall, on or before August 1, 2023, make a return to the tax administrator containing
33	the correct computation of inpatient and outpatient net patient-services revenue for the hospital
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1	fiscal year ending in 2022, and the licensing fee due upon that amount. All returns shall be signed
2	by the hospital’s authorized representative, subject to the pains and penalties of perjury.
3	(d) (j) For purposes of this section the following words and phrases have the following
4	meanings:
5	(1) “Hospital” means the actual facilities and buildings in existence in Rhode Island,
6	licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
7	that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital
8	conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient
9	and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
10	disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid
11	managed care payment rates for a court-approved purchaser that acquires a hospital through
12	receivership, special mastership, or other similar state insolvency proceedings (which court-
13	approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly
14	negotiated rates between the court-approved purchaser and the health plan, and such rates shall be
15	effective as of the date that the court-approved purchaser and the health plan execute the initial
16	agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital
17	payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),
18	respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)
19	period as of July 1 following the completion of the first full year of the court-approved purchaser’s
20	initial Medicaid managed care contract.
21	(2) “Non-government owned hospitals” means a hospital not owned and operated by the
22	state of Rhode Island.
23	(3) “State-government owned and operated hospitals” means a hospital facility licensed by
24	the Rhode Island Department of Health, owned and operated by the state of Rhode Island.
25	(4) “Rehabilitative Hospital” means Rehabilitation Hospital Center licensed by the Rhode
26	Island Department of Health.
27	(5) “Independent Hospitals” means a hospital not part of a multi-hospital system
28	(6) “High Medicaid/Uninsured Cost Hospital” means a hospital for which the hospital’s
29	total uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital’s total
30	net patient-services revenues, is equal to 6.0% or greater.
31	(7) “Medicare-designated Low Volume Hospital” means a hospital that qualifies under 42
32	CFR 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher
33	incremental costs associated with a low volume of discharges.
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1	(2) (8) “Gross patient-services revenue” means the gross revenue related to patient care
2	services.
3	(3) (9) “Net patient-services revenue” means the charges related to patient care services
4	less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.
5	(10) “Inpatient net patient-services revenue” means the charges related to inpatient care
6	services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual
7	allowances.
8	(11) “Outpatient net patient-services revenue” means the charges related to outpatient care
9	services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual
10	allowances.
11	(e) (k) The tax administrator in consultation with the executive office of health and human
12	services shall make and promulgate any rules, regulations, and procedures not inconsistent with
13	state law and fiscal procedures that he or she deems necessary for the proper administration of this
14	section and to carry out the provisions, policy, and purposes of this section.
15	(f) (l) The licensing fee imposed by subsection (a) shall apply to hospitals as defined herein
16	that are duly licensed on July 1, 2020 2021, and shall be in addition to the inspection fee imposed
17	by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.
18	(g) (m) The licensing fee imposed by subsection (b) shall apply to hospitals as defined
19	herein that are duly licensed on July 1, 2021 2022, and shall be in addition to the inspection fee
20	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this
21	section.
22	(h) (n) The licensing fees imposed by subsections (c) through (g) shall apply to hospitals
23	as defined herein that are duly licensed on July 1, 2022 2023, and shall be in addition to the
24	inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in accordance
25	with this section.
26	SECTION 2. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8 entitled
27	“Uncompensated Care” is hereby amended to read as follows:
28	40-8.3-2. Definitions.
29	As used in this chapter:
30	(1) "Base year" means, for the purpose of calculating a disproportionate share payment for
31	any fiscal year ending after September 30, 2021 2022, the period from October 1, 2019 2020,
32	through September 30, 2020 2021, and for any fiscal year ending after September 30, 2022 2023,
33	the period from October 1, 2019 2021, through September 30, 2020 2022.
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1	(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a
2	percentage), the numerator of which is the hospital's number of inpatient days during the base year
3	attributable to patients who were eligible for medical assistance during the base year and the
4	denominator of which is the total number of the hospital's inpatient days in the base year.
5	(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
6	(i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year
7	and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to
8	§ 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless
9	of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-
10	17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient
11	care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or
12	pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care
13	payment rates for a court-approved purchaser that acquires a hospital through receivership,
14	special mastership, or other similar state insolvency proceedings (which court-approved
15	purchaser is issued a hospital license after January 1, 2013), shall be based upon the newly
16	negotiated rates between the court-approved purchaser and the health plan, and the rates
17	shall be effective as of the date that the court-approved purchaser and the health plan
18	execute the initial agreement containing the newly negotiated rate. The rate-setting
19	methodology for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-
20	8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
21	for each annual twelve-month (12) period as of July 1 following the completion of the first full year
22	of the court-approved purchaser's initial Medicaid managed care contract;
23	(ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)
24	during the base year; and
25	(iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during
26	the payment year.
27	(4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost
28	incurred by the hospital during the base year for inpatient or outpatient services attributable to
29	charity care (free care and bad debts) for which the patient has no health insurance or other third-
30	party coverage less payments, if any, received directly from such patients; and (ii) The cost
31	incurred by the hospital during the base year for inpatient or outpatient services attributable
32	to Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by
33	the uncompensated-care index.
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1	(5) "Uncompensated-care index" means the annual percentage increase for hospitals
2	established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and
3	including the payment year; provided, however, that the uncompensated-care index for the
4	payment year ending September 30, 2007, shall be deemed to be five and thirty-eight
5	hundredths percent (5.38%), and that the uncompensated-care index for the payment year ending
6	September 30, 2008, shall be deemed to be five and forty-seven hundredths percent (5.47%),
7	and that the uncompensated-care index for the payment year ending September 30, 2009, shall
8	be deemed to be five and thirty-eight hundredths percent (5.38%), and that the uncompensated-care
9	index for the payment years ending September 30, 2010, September 30, 2011, September 30,
10	2012, September 30, 2013, September 30, 2014, September 30, 2015, September 30, 2016,
11	September 30, 2017, September 30, 2018, September 30, 2019, September 30, 2020,
12	September 30, 2021, September 30, 2022, September 30, 2023, and September 30, 2024 shall be
13	deemed to be five and thirty hundredths percent (5.30%).
14	40-8.3-3. Implementation.
15	(a) For federal fiscal year 2021, commencing on October 1, 2020, and ending September
16	30, 2021, the executive office of health and human services shall submit to the Secretary of the
17	United States Department of Health and Human Services a state plan amendment to the Rhode
18	Island Medicaid DSH Plan to provide:
19	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
20	$142.5 million, shall be allocated by the executive office of health and human services to the Pool
21	D component of the DSH Plan; and
22	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
23	proportion to the individual participating hospital’s uncompensated-care costs for the base year,
24	inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
25	inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
26	payments shall be made on or before July 12, 2021, and are expressly conditioned upon approval
27	on or before July 5, 2021, by the Secretary of the United States Department of Health and Human
28	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
29	to secure for the state the benefit of federal financial participation in federal fiscal year 2021 for
30	the disproportionate share payments.
31	(b) (a) For federal fiscal year 2022, commencing on October 1, 2021, and ending
32	September 30, 2022, the executive office of health and human services shall submit to the Secretary
33	of the United States Department of Health and Human Services a state plan amendment to the
34	Rhode Island Medicaid DSH Plan to provide:
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1	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
2	$145.1 million, shall be allocated by the executive office of health and human services to the Pool
3	D component of the DSH Plan; and
4	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
5	proportion to the individual participating hospital’s uncompensated-care costs for the base year,
6	inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
7	inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
8	payments shall be made on or before June 30, 2022, and are expressly conditioned upon approval
9	on or before July 5, 2022, by the Secretary of the United States Department of Health and Human
10	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
11	to secure for the state the benefit of federal financial participation in federal fiscal year 2022 for
12	the disproportionate share payments.
13	(c) (b) For federal fiscal year 2023, commencing on October 1, 2022, and ending
14	September 30, 2023, the executive office of health and human services shall submit to the Secretary
15	of the United States Department of Health and Human Services a state plan amendment to the
16	Rhode Island Medicaid DSH Plan to provide:
17	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
18	$145.1 million, shall be allocated by the executive office of health and human services to the Pool
19	D component of the DSH Plan; and
20	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
21	proportion to the individual participating hospital’s uncompensated-care costs for the base year,
22	inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
23	inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
24	payments shall be made on or before June 15, 2023, and are expressly conditioned upon approval
25	on or before June 23, 2023, by the Secretary of the United States Department of Health and Human
26	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
27	to secure for the state the benefit of federal financial participation in federal fiscal year 2023 for
28	the disproportionate share payments.
29	(c) For federal fiscal year 2024, commencing on October 1, 2023, and ending September
30	30, 2024, the executive office of health and human services shall submit to the Secretary of the
31	United States Department of Health and Human Services a state plan amendment to the Rhode
32	Island Medicaid DSH Plan to provide:
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1	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
2	$15.2 million shall be allocated by the executive office of health and human services to the Pool D
3	component of the DSH Plan; and
4	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
5	proportion to the individual participating hospital’s uncompensated-care costs for the base year,
6	inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
7	inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
8	payments shall be made on or before June 15, 2024, and are expressly conditioned upon approval
9	on or before June 23, 2024, by the Secretary of the United States Department of Health and Human
10	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
11	to secure for the state the benefit of federal financial participation in federal fiscal year 2024 for
12	the disproportionate share payments.
13	(d) No provision is made pursuant to this chapter for disproportionate-share hospital
14	payments to participating hospitals for uncompensated-care costs related to graduate medical
15	education programs.
16	(e) The executive office of health and human services is directed, on at least a monthly
17	basis, to collect patient-level uninsured information, including, but not limited to, demographics,
18	services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.
19	(f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]
20	SECTION 3. Sections 40-8.9-1 and 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled
21	"Long-Term Care Service and Finance Reform" are hereby amended to read as follows:
22	40-8.9-1. Findings.
23	(a) The number of Rhode Islanders in need of long-term-care services continues to rise
24	substantially, and the quality of life of these Rhode Islanders is determined by the capacity of the
25	long-term-care system state to provide ensure equitable access to the full array of services and
26	supports required to meet their healthcare needs and maintain their independence.
27	(b) It is in the interest of all Rhode Islanders to endorse and fund statewide efforts to build
28	a fiscally sound, dynamic and resilient long-term-care system that supports fosters: consumer
29	independence and choice; the delivery of high-quality, coordinated services; the financial integrity
30	of all participants-purchasers, payers, providers, and consumers; and the responsible and efficient
31	allocation of all available public and private resources., including preservation of federal financial
32	participation.
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1	(c) It is in the interest of all Rhode Islanders to assure that rates paid for community-based
2	long-term-care services are adequate to assure high quality as well as and supportive of support
3	workforce recruitment and retention.
4	(d) It is in the interest of all Rhode Islanders to improve consumers’ access information
5	regarding community-based alternatives to institutional settings of care.
6	(e) It is in the best interest of all Rhode Islanders to maintain a person-centered, quality
7	driven, and conflict-free system of publicly financed long-term services and supports that is
8	responsive to the goals and preferences of those served.
9	40-8.9-9. Long-term-care rebalancing system reform goal.
10	(a) Notwithstanding any other provision of state law, the executive office of health and
11	human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver
12	amendment(s), and/or state-plan amendments from the Secretary of the United States Department
13	of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of
14	program design and implementation that addresses the goal of allocating a minimum of fifty percent
15	(50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults
16	with disabilities, in addition to services for persons with developmental disabilities, to home- and
17	community-based care; provided, further, the executive office shall report annually as part of its
18	budget submission, the percentage distribution between institutional care and home- and
19	community-based care by population and shall report current and projected waiting lists for long-
20	term-care and home- and community-based care services. The executive office is further authorized
21	and directed to prioritize investments in home- and community-based care and to maintain the
22	integrity and financial viability of all current long-term-care services while pursuing this goal.
23	(b) The reformed long-term-care system rebalancing goal is person-centered and
24	encourages individual self-determination, family involvement, interagency collaboration, and
25	individual choice through the provision of highly specialized and individually tailored home-based
26	services. Additionally, individuals with severe behavioral, physical, or developmental disabilities
27	must have the opportunity to live safe and healthful lives through access to a wide range of
28	supportive services in an array of community-based settings, regardless of the complexity of their
29	medical condition, the severity of their disability, or the challenges of their behavior. Delivery of
30	services and supports in less-costly and less-restrictive community settings will enable children,
31	adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care
32	institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals,
33	intermediate-care facilities, and/or skilled nursing facilities.
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1	(c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health
2	and human services is directed and authorized to adopt a tiered set of criteria to be used to determine
3	eligibility for services. The criteria shall be developed in collaboration with the state’s health and
4	human services departments and, to the extent feasible, any consumer group, advisory board, or
5	other entity designated for these purposes, and shall encompass eligibility determinations for long-
6	term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with
7	intellectual disabilities, as well as home- and community-based alternatives, and shall provide a
8	common standard of income eligibility for both institutional and home- and community-based care.
9	The executive office is authorized to adopt clinical and/or functional criteria for admission to a
10	nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that
11	are more stringent than those employed for access to home- and community-based services. The
12	executive office is also authorized to promulgate rules that define the frequency of re-assessments
13	for services provided for under this section. Levels of care may be applied in accordance with the
14	following:
15	(1) The executive office shall continue to apply the level-of-care criteria in effect on June
16	30, 2015 April 1, 2021, for any recipient determined eligible for and receiving Medicaid-funded
17	long-term services and supports in a nursing facility, hospital, or intermediate-care facility for
18	persons with intellectual disabilities on or before that date, unless:
19	(i) The recipient transitions to home- and community-based services because he or she
20	would no longer meet the level-of-care criteria in effect on June 30, 2015 April 1, 2021; or
21	(ii) The recipient chooses home- and community-based services over the nursing facility,
22	hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of
23	this section, a failed community placement, as defined in regulations promulgated by the executive
24	office, shall be considered a condition of clinical eligibility for the highest level of care. The
25	executive office shall confer with the long-term-care ombudsperson with respect to the
26	determination of a failed placement under the ombudsperson’s jurisdiction. Should any Medicaid
27	recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with
28	intellectual disabilities as of June 30, 2015 April 1, 2021, receive a determination of a failed
29	community placement, the recipient shall have access to the highest level of care; furthermore, a
30	recipient who has experienced a failed community placement shall be transitioned back into his or
31	her former nursing home, hospital, or intermediate-care facility for persons with intellectual
32	disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,
33	hospital, or intermediate-care facility for persons with intellectual disabilities in a manner
34	consistent with applicable state and federal laws.
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1	(2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a
2	nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall
3	not be subject to any wait list for home- and community-based services.
4	(3) No nursing home, hospital, or intermediate-care facility for persons with intellectual
5	disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds
6	that the recipient does not meet level-of-care criteria unless and until the executive office has:
7	(i) Performed an individual assessment of the recipient at issue and provided written notice
8	to the nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities
9	that the recipient does not meet level-of-care criteria; and
10	(ii) The recipient has either appealed that level-of-care determination and been
11	unsuccessful, or any appeal period available to the recipient regarding that level-of-care
12	determination has expired.
13	(d) The executive office is further authorized to consolidate all home- and community-
14	based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- and
15	community-based services that include options for consumer direction and shared living. The
16	resulting single home- and community-based services system shall replace and supersede all 42
17	U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting
18	single program home- and community-based services system shall include the continued funding
19	of assisted-living services at any assisted-living facility financed by the Rhode Island housing and
20	mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter 66.8
21	of title 42 as long as assisted-living services are a covered Medicaid benefit.
22	(e) The executive office is authorized to promulgate rules that permit certain optional
23	services including, but not limited to, homemaker services, home modifications, respite, and
24	physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care
25	subject to availability of state-appropriated funding for these purposes.
26	(f) To promote the expansion of home- and community-based service capacity, the
27	executive office is authorized to pursue payment methodology reforms that increase access to
28	homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and
29	adult day services, as follows:
30	(1) Development of revised or new Medicaid certification standards that increase access to
31	service specialization and scheduling accommodations by using payment strategies designed to
32	achieve specific quality and health outcomes.
33	(2) Development of Medicaid certification standards for state-authorized providers of adult
34	day services, excluding providers of services authorized under § 40.1-24-1(3), assisted living, and
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1	adult supportive care (as defined under chapter 17.24 of title 23) that establish for each, an acuity-
2	based, tiered service and payment methodology tied to: licensure authority; level of beneficiary
3	needs; the scope of services and supports provided; and specific quality and outcome measures.
4	The standards for adult day services for persons eligible for Medicaid-funded long-term
5	services may differ from those who do not meet the clinical/functional criteria set forth in § 40-
6	8.10-3.
7	(3) As the state’s Medicaid program seeks to assist more beneficiaries requiring long-term
8	services and supports in home- and community-based settings, the demand for home-care workers
9	has increased, and wages for these workers has not kept pace with neighboring states, leading to
10	high turnover and vacancy rates in the state’s home-care industry, the executive office shall institute
11	a one-time increase in the base-payment rates for FY 2019, as described below, for home-care
12	service providers to promote increased access to and an adequate supply of highly trained home-
13	healthcare professionals, in amount to be determined by the appropriations process, for the purpose
14	of raising wages for personal care attendants and home health aides to be implemented by such
15	providers.
16	(i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent
17	(10%) of the current base rate for home-care providers, home nursing care providers, and hospice
18	providers contracted with the executive office of health and human services and its subordinate
19	agencies to deliver Medicaid fee-for-service personal care attendant services.
20	(ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty percent
21	(20%) of the current base rate for home-care providers, home nursing care providers, and hospice
22	providers contracted with the executive office of health and human services and its subordinate
23	agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services and hospice
24	care.
25	(iii) Effective upon passage of this section, hospice provider reimbursement, exclusively
26	for room and board expenses for individuals residing in a skilled nursing facility, shall revert to the
27	rate methodology in effect on June 30, 2018, and these room and board expenses shall be exempted
28	from any and all annual rate increases to hospice providers as provided for in this section.
29	(iv) On the first of July in each year, beginning on July 1, 2019, the executive office of
30	health and human services will initiate an annual inflation increase to the base rate for home-care
31	providers, home nursing care providers, and hospice providers contracted with the executive office
32	and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant services,
33	skilled nursing and therapeutic services and hospice care. The base rate increase shall be a
34	percentage amount equal to the New England Consumer Price Index card as determined by the
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1	United States Department of Labor for medical care and for compliance with all federal and state
2	laws, regulations, and rules, and all national accreditation program requirements.
3	(g) As the state’s Medicaid program seeks to assist more beneficiaries requiring long-term
4	services and supports in home- and community-based settings, the demand for home-care workers
5	has increased, and wages for these workers has not kept pace with neighboring states, leading to
6	high turnover and vacancy rates in the state’s home-care industry. To promote increased access to
7	and an adequate supply of direct-care workers, the executive office shall institute a payment
8	methodology change, in Medicaid fee-for-service and managed care, for FY 2022, that shall be
9	passed through directly to the direct-care workers’ wages who are employed by home nursing care
10	and home-care providers licensed by the Rhode Island department of health, as described below:
11	(1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per
12	fifteen (15) minutes for personal care and combined personal care/homemaker.
13	(i) Employers must pass on one hundred percent (100%) of the shift differential modifier
14	increase per fifteen-minute (15) unit of service to the CNAs who rendered such services. This
15	compensation shall be provided in addition to the rate of compensation that the employee was
16	receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not
17	less than the lowest compensation paid to an employee of similar functions and duties as of June
18	30, 2021, as the base compensation to which the increase is applied.
19	(ii) Employers must provide to EOHHS an annual compliance statement showing wages
20	as of June 30, 2021, amounts received from the increases outlined herein, and compliance with this
21	section by July 1, 2022. EOHHS may adopt any additional necessary regulations and processes to
22	oversee this subsection.
23	(2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of $0.39
24	per fifteen (15) minutes for personal care, combined personal care/homemaker, and homemaker
25	only for providers who have at least thirty percent (30%) of their direct-care workers (which
26	includes certified nursing assistants (CNA) and homemakers) certified in behavioral healthcare
27	training.
28	(i) Employers must pass on one hundred percent (100%) of the behavioral healthcare
29	enhancement per fifteen (15) minute unit of service rendered by only those CNAs and homemakers
30	who have completed the thirty (30) hour behavioral health certificate training program offered by
31	Rhode Island College, or a training program that is prospectively determined to be compliant per
32	EOHHS, to those CNAs and homemakers. This compensation shall be provided in addition to the
33	rate of compensation that the employee was receiving as of December 31, 2021. For an employee
34	hired after December 31, 2021, the agency shall use not less than the lowest compensation paid to
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1	an employee of similar functions and duties as of December 31, 2021, as the base compensation to
2	which the increase is applied.
3	(ii) By January 1, 2023, employers must provide to EOHHS an annual compliance
4	statement showing wages as of December 31, 2021, amounts received from the increases outlined
5	herein, and compliance with this section, including which behavioral healthcare training programs
6	were utilized. EOHHS may adopt any additional necessary regulations and processes to oversee
7	this subsection.
8	(h) The executive office shall implement a long-term-care-options counseling program to
9	provide individuals, or their representatives, or both, with long-term-care consultations that shall
10	include, at a minimum, information about: long-term-care options, sources, and methods of both
11	public and private payment for long-term-care services and an assessment of an individual’s
12	functional capabilities and opportunities for maximizing independence. Each individual admitted
13	to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be
14	informed by the facility of the availability of the long-term-care-options counseling program and
15	shall be provided with long-term-care-options consultation if they so request. Each individual who
16	applies for Medicaid long-term-care services shall be provided with a long-term-care consultation.
17	(i) The executive office shall implement, no later than January 1, 2024, a statewide network
18	and rate methodology for conflict-free case management for individuals receiving Medicaid-funded
19	home and community-based services. The executive office shall coordinate implementation with
20	the state’s health and human services departments and divisions authorized to deliver Medicaid-
21	funded home and community-based service programs, including the department of behavioral
22	healthcare, developmental disabilities and hospitals; the department of human services; and the
23	office of healthy aging. It is in the best interest of the Rhode Islanders eligible to receive Medicaid
24	home and community-based services under this chapter, chapter 40.1, chapter 42 or any other
25	general laws to provide equitable access to conflict-free case management that shall include person-
26	centered planning, service arranging and quality monitoring in the amount, duration and scope
27	required by federal law and regulations. It is necessary to ensure that there is a robust network of
28	qualified conflict-free case management entities with the capacity to serve all participants on a
29	statewide basis and in a manner that promotes choice, self-reliance, and community integration.
30	The executive office, as the designated single state Medicaid authority and agency responsible for
31	coordinating policy and planning for health and human services under § 42-7.2 et seq., is directed
32	to establish a statewide conflict-free case management network under the management of the
33	executive office and to seek any Medicaid waivers, state plan amendments and changes in rules,
34	regulations and procedures that may be necessary to ensure that recipients of Medicaid home and
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1	community-based services have access to conflict-free case management in a timely manner and in
2	accordance with the federal requirements that must be met to preserve financial participation.
3	(ij) The executive office is also authorized, subject to availability of appropriation of
4	funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary
5	to transition or divert beneficiaries from institutional or restrictive settings and optimize their health
6	and safety when receiving care in a home or the community. The secretary is authorized to obtain
7	any state plan or waiver authorities required to maximize the federal funds available to support
8	expanded access to home- and community-transition and stabilization services; provided, however,
9	payments shall not exceed an annual or per-person amount.
10	(jk) To ensure persons with long-term-care needs who remain living at home have adequate
11	resources to deal with housing maintenance and unanticipated housing-related costs, the secretary
12	is authorized to develop higher resource eligibility limits for persons or obtain any state plan or
13	waiver authorities necessary to change the financial eligibility criteria for long-term services and
14	supports to enable beneficiaries receiving home and community waiver services to have the
15	resources to continue living in their own homes or rental units or other home-based settings.
16	(kl) The executive office shall implement, no later than January 1, 2016, the following
17	home- and community-based service and payment reforms:
18	(1) [Deleted by P.L. 2021, ch. 162, art. 12, § 6.]
19	(2) Adult day services level of need criteria and acuity-based, tiered-payment
20	methodology; and
21	(3) Payment reforms that encourage home- and community-based providers to provide the
22	specialized services and accommodations beneficiaries need to avoid or delay institutional care.
23	(lm) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan
24	amendments and take any administrative actions necessary to ensure timely adoption of any new
25	or amended rules, regulations, policies, or procedures and any system enhancements or changes,
26	for which appropriations have been authorized, that are necessary to facilitate implementation of
27	the requirements of this section by the dates established. The secretary shall reserve the discretion
28	to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with
29	the governor, to meet the legislative directives established herein.
30	SECTION 4. Section 40.1-8.5-8 of the General Laws in Chapter 40 entitled "General
31	Provisions" is hereby amended to read as follows:
32	40.1-8.5-8. Certified community behavioral health clinics.
33	(a) The executive office of health and human services is authorized and directed to submit
34	to the Secretary of the United States Department of Health and Human Services a state plan
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1	amendment for the purposes of establishing Certified Community Behavioral Health Clinics in
2	accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014.
3	(b) The executive office of health and human services shall amend its Title XIX state plan
4	pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C § 1397 et seq.] of the
5	Social Security Act as necessary to cover all required services for persons with mental health and
6	substance use disorders at a certified community behavioral health clinic through a daily or monthly
7	bundled payment methodology that is specific to each organization’s anticipated costs and inclusive
8	of all required services within Section 223 of the federal Protecting Access to Medicare Act of
9	2014. Such certified community behavioral health clinics shall adhere to the federal model,
10	including payment structures and rates.
11	(c) A certified community behavioral health clinic means any licensed behavioral health
12	organization that meets the federal certification criteria of Section 223 of the Protecting Access to
13	Medicare Act of 2014. The department of behavioral healthcare, developmental disabilities and
14	hospitals shall define additional criteria to certify the clinics including, but not limited to the
15	provision of, these services:
16	(1) Outpatient mental health and substance use services;
17	(2) Twenty-four (24) hour mobile crisis response and hotline services;
18	(3) Screening, assessment, and diagnosis, including risk assessments;
19	(4) Person-centered treatment planning;
20	(5) Primary care screening and monitoring of key indicators of health risks;
21	(6) Targeted case management;
22	(7) Psychiatric rehabilitation services;
23	(8) Peer support and family supports;
24	(9) Medication-assisted treatment;
25	(10) Assertive community treatment; and
26	(11) Community-based mental health care for military service members and veterans.
27	(d) Subject to the approval from the United States Department of Health and Human
28	Services’ Centers for Medicare and Medicaid Services, the certified community behavioral health
29	clinic model pursuant to this chapter, shall be established by July 1, 2023 February 1, 2024, and
30	include any enhanced Medicaid match for required services or populations served.
31	(e) By August 1, 2022, the executive office of health and human services will issue the
32	appropriate purchasing process and vehicle for organizations who want to participate in the
33	Certified Community Behavioral Health Clinic model program.
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1	(f) By December 1, 2022, the The organizations will submit a detailed cost report
2	developed by the department of behavioral healthcare, developmental disabilities and hospitals
3	with approval from the executive office of health and human services, that includes the cost for the
4	organization to provide the required services.
5	(g) By January 15, 2023, the The department of behavioral healthcare, developmental
6	disabilities and hospitals, in coordination with the executive office of health and human services,
7	will prepare an analysis of proposals, determine how many behavioral health clinics can be certified
8	in FY 2024 and the costs for each one. Funding for the Certified Behavioral Health Clinics will be
9	included in the FY 2024 budget recommended by the Governor.
10	(h) The executive office of health and human services shall apply for the federal Certified
11	Community Behavioral Health Clinics Demonstration Program if another round of funding
12	becomes available.
13	SECTION 5. Rhode Island Medicaid Reform Act of 2008 Resolution.
14	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
15	Island Medicaid Reform Act of 2008”; and
16	WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws
17	42-12.4-1, et seq.; and
18	WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the Secretary
19	of the Executive Office of Health and Human Services (“Executive Office”) is responsible for the
20	review and coordination of any Medicaid section 1115 demonstration waiver requests and renewals
21	as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category
22	II or III changes as described in the demonstration, “with potential to affect the scope, amount, or
23	duration of publicly-funded health care services, provider payments or reimbursements, or access
24	to or the availability of benefits and services provided by Rhode Island general and public laws”;
25	and
26	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
27	fiscally sound and sustainable, the Secretary requests legislative approval of the following
28	proposals to amend the demonstration; and
29	WHEREAS, implementation of adjustments may require amendments to the Rhode
30	Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the
31	demonstration. Further, adoption of new or amended rules, regulations and procedures may also
32	be required
33	(a) Cedar Rate Increase. The Secretary of the Executive Office is authorized to pursue and
34	implement any waiver amendments, state plan amendments, and/or changes to the applicable
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1	department’s rules, regulations and procedures required to implement an increase to existing fee-
2	for-service and managed care rates and an updated code structure for the Cedar Family Centers.
3	(b) Hospital State Directed Managed Care Payment. The Secretary of the Executive Office
4	is hereby authorized and directed to amend its regulations for reimbursement to Medicaid Managed
5	Care Organizations (MMCO) and authorized to direct MMCO’s to make quarterly state directed
6	payments to hospitals for inpatient and outpatient services in accordance with the payment
7	methodology contained in the approved CMS preprint for hospital state directed payments.
8	(c) Hospital Licensing Fee. The Secretary of the Executive Office is authorized to pursue
9	and implement any waiver amendments, state plan amendments, and/or changes to the applicable
10	department’s rules, regulations and procedures required to implement a hospital licensing rate,
11	including but not limited to, a three-tiered hospital licensing rate for non-government owned
12	hospitals and one rate for government-owned and operated hospitals.
13	Now, therefore, be it
14	RESOLVED, that the General Assembly hereby approves the proposals stated above in the
15	recitals; and be it further
16	RESOLVED, that the Secretary of the Executive Office of Health and Human Services is
17	authorized to pursue and implement any waiver amendments, state plan amendment, and/or
18	changes to the applicable department’s rules, regulations and procedures approved herein and as
19	authorized by 42-12.4; and be it further;
20	RESOLVED, that this Joint Resolution shall take effect on July 1, 2023.
21	SECTION 6. This article shall take effect upon passage, except for Section 5 which shall
22	take effect as of July 1, 2023.
23
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1	ARTICLE 10
2	RELATING TO REPRODUCTIVE HEALTHCARE
3	SECTION 1. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance
4	Benefits" is hereby repealed.
5	36-12-2.1. Health insurance benefits -- Coverage for abortions excluded.
6	(a) The state of Rhode Island shall not include in any health insurance contracts, plans, or
7	policies covering employees, any provision which shall provide coverage for induced abortions
8	(except where the life of the mother would be endangered if the fetus were carried to term, or where
9	the pregnancy resulted from rape or incest). This section shall be applicable to all contracts, plans
10	or policies of:
11	(1) All health insurers subject to title 27;
12	(2) All group and blanket health insurers subject to title 27;
13	(3) All nonprofit hospital, medical, surgical, dental, and health service corporations;
14	(4) All health maintenance organizations; and
15	(5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage
16	against accidental death or injury when the benefits or coverage are incidental to or part of other
17	insurance authorized by the statutes of this state.
18	(b) Provided, however, that the provisions of this section shall not apply to benefits
19	provided under existing collective bargaining agreements entered into prior to June 30, 1982.
20	(c) Nothing contained herein shall be construed to pertain to insurance coverage for
21	complications as the result of an abortion.
22	SECTION 2. Chapter 42-12.3-3 of the General Laws in Chapter 42-12 entitled “Health
23	Care for Children and Pregnant Women” is hereby amended to read as follows:
24	42-12.3-3. Medical assistance expansion for pregnant women/RIte Start.
25	(a) The secretary of the executive office of health and human services is authorized to
26	amend its Title XIX state plan pursuant to Title XIX of the Social Security Act to provide Medicaid
27	coverage and to amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to
28	provide medical assistance coverage through expanded family income disregards for pregnant
29	women persons whose family income levels are between one hundred eighty-five percent (185%)
30	and two hundred fifty percent (250%) of the federal poverty level. The department is further
31	authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396
32	et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to
33	implement said state plan amendment. The services provided shall be in accord with Title XIX [42
34	U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act.
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1	(b) The secretary of health and human services is authorized and directed to establish a
2	payor of last resort program to cover prenatal, delivery and postpartum care. The program shall
3	cover the cost of maternity care for any woman person who lacks health insurance coverage for
4	maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et
5	seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited
6	to, a noncitizen pregnant woman person lawfully admitted for permanent residence on or after
7	August 22, 1996, without regard to the availability of federal financial participation, provided such
8	pregnant woman person satisfies all other eligibility requirements. The secretary shall promulgate
9	regulations to implement this program. Such regulations shall include specific eligibility criteria;
10	the scope of services to be covered; procedures for administration and service delivery; referrals
11	for non-covered services; outreach; and public education. Excluded services under this subsection
12	will include, but not be limited to, induced abortion except in cases of rape or incest or to save the
13	life of the pregnant individual.
14	(c) The secretary of health and human services may enter into cooperative agreements with
15	the department of health and/or other state agencies to provide services to individuals eligible for
16	services under subsections (a) and (b) above.
17	(d) The following services shall be provided through the program:
18	(1) Ante-partum and postpartum care;
19	(2) Delivery;
20	(3) Cesarean section;
21	(4) Newborn hospital care;
22	(5) Inpatient transportation from one hospital to another when authorized by a medical
23	provider; and
24	(6) Prescription medications and laboratory tests.
25	(e) The secretary of health and human services shall provide enhanced services, as
26	appropriate, to pregnant women persons as defined in subsections (a) and (b), as well as to other
27	pregnant women persons eligible for medical assistance. These services shall include: care
28	coordination; nutrition and social service counseling; high-risk obstetrical care; childbirth and
29	parenting preparation programs; smoking cessation programs; outpatient counseling for drug-
30	alcohol use; interpreter services; mental health services; and home visitation. The provision of
31	enhanced services is subject to available appropriations. In the event that appropriations are not
32	adequate for the provision of these services, the executive office has the authority to limit the
33	amount, scope, and duration of these enhanced services.
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1	(f) The executive office of health and human services shall provide for extended family
2	planning services for up to twenty-four (24) months postpartum. These services shall be available
3	to women persons who have been determined eligible for RIte Start or for medical assistance under
4	Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security
5	Act.
6	(g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or
7	for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant
8	(including during a period of retroactive eligibility), are eligible for full Medicaid benefits through
9	the last day of the month in which their twelve-month (12) postpartum period ends. This benefit
10	will be provided to eligible Rhode Island residents without regard to the availability of federal
11	financial participation. The executive office of health and human services is directed to ensure that
12	federal financial participation is used to the maximum extent allowable to provide coverage
13	pursuant to this section, and that state-only funds will be used only if federal financial participation
14	is not available.
15	(h) Any person eligible for services under subsections (a) and (b) of this section, or
16	otherwise eligible for medical assistance under title XIX [42 U.S.C. 1396 et seq.] and title XXI [42
17	U.S.C. 1397aa et seq.] of the Social Security Act, shall also be entitled to services for any
18	termination of pregnancy permitted under 23-4.130-2; provided, however, that no federal funds
19	shall be used to pay for such services, except as authorized under federal law.
20	SECTION 3: This article shall take effect upon passage.
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1	ARTICLE 11
2	RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING
3	SPACE
4	SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode
5	Island General Law § 37-6-2(d) authorizing various lease agreements for office space and operating
6	space.
7	SECTION 2. Department of Human Services (31 John Clarke Road, Middletown).
8	WHEREAS, the Department of Human Services currently occupies approximately 4,400
9	square feet at 31 John Clarke Road in the Town of Middletown;
10	WHEREAS, the Department of Human Services currently has a current lease agreement,
11	in full force and effect, with Child and Family Services of Newport County for approximately 4,400
12	square feet of office space located at 31 John Clarke Road, Middletown;
13	WHEREAS, the existing lease expires on November 30, 2023, and the Department of
14	Human Services wishes to exercise its option to renew this lease for an additional five (5) year
15	term;
16	WHEREAS, the State of Rhode Island, acting by and through the Department of Human
17	Services, attests to the fact that there are no clauses in the lease agreement with Child and Family
18	Services of Newport County that would interfere with the Department of Human Services lease
19	agreement or use of the facility;
20	WHEREAS, the leased premises provide a critical location for the offices of the
21	Department of Human Services from which the agency can fulfill its mission;
22	WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
23	30, 2023, is $88,989.18;
24	WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
25	of the renewal term will not exceed $97,196.00;
26	WHEREAS, the payment of the annual base rent will be made from funds available to the
27	Department of Human Services for the payments of rental and lease costs based on annual
28	appropriations made by the General Assembly; and
29	WHEREAS, the State Properties Committee now respectfully requests the approval of the
30	General Assembly for the lease agreement between the Department of Human Services and Child
31	and Family Services of Newport County for leased space located at 31 John Clarke Road,
32	Middletown; now therefore be it:
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1	RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
2	lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
3	$485,980.00;
4	RESOLVED, that this Joint Resolution shall take effect upon passage by the General
5	Assembly;
6	RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
7	certified copies of this resolution to the Governor, the Director of the Department of Human
8	Services, the Director of Administration, the State Budget Officer, and the Chair of the State
9	Properties Committee.
10	SECTION 3. Department of Human Services (125 Holden Street, Providence).
11	WHEREAS, the population who resides in the Greater Providence area and who qualifies
12	for Department of Human Services programming has a demonstrable need for a second customer
13	service center in the capital city that is readily accessible to residents and includes adequate parking;
14	WHEREAS, the Department of Administration has conducted of review of its State-owned
15	inventory of space. Based on this review, the current State-owned building inventory does not
16	include office space that can accommodate the space requirements of the Department of Human
17	Services;
18	WHEREAS, it is anticipated that effective January 17, 2023, the Department of Human
19	Services will enter into a one-year lease for a property located at 125 Holden Street, Providence,
20	which features a 17,000 square foot office space that meets these requirements, including fifty (50)
21	parking spaces;
22	WHEREAS, the annual base rent for the first year of the agreement is $476,000.00;
23	WHEREAS, it is anticipated that the annual base rent of the new lease agreement in each
24	of the ten years of the term increases annually by the greater of (i) the percentage increase in the
25	Consumer Price Index (the “CPI”) as published in the Bureau of Labor Statistics on December 31
26	of each lease year or (ii) three percent (3%);
27	WHEREAS, the payment of the annual base rent will be made from funds available to the
28	Department of Human Services for the payments of rental and lease costs based on annual
29	appropriations made by the General Assembly;
30	WHEREAS, the State Properties Committee now respectfully requests the approval of the
31	General Assembly for the lease agreement between the Department of Human Services and 125
32	Holden St. LLC, for the office space located at 125 Holden St. in the City of Providence, Rhode
33	Island; now therefore be it:
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1	RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
2	lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed
3	$5,448,840.00;
4	RESOLVED, that this joint resolution shall take effect upon passage by the General
5	Assembly;
6	RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
7	certified copies of this resolution to the Governor, the Director of the Department of Human
8	Services, the Director of Administration, the State Budget Officer, and the Chair of the State
9	Properties Committee.
10	SECTION 4. Department of Children, Youth and Families (530 Wood Street, Bristol).
11	WHEREAS, the Department of Children, Youth and Families currently occupies
12	approximately 15,693 square feet at 530 Wood Street in the Town of Bristol;
13	WHEREAS, the Department of Children, Youth and Families currently has a current lease
14	agreement, in full force and effect, with WSA Property, Inc. for approximately 15,693 square feet
15	of office space located at 530 Wood Street, Bristol;
16	WHEREAS, the existing lease expires on July 31, 2023, and the Department of Children,
17	Youth and Families wishes to exercise its option to renew this lease for an additional five (5) year
18	term;
19	WHEREAS, the State of Rhode Island, acting by and through the Department of Children,
20	Youth and Families, attests to the fact that there are no clauses in the lease agreement with WSA
21	Property, Inc. that would interfere with the Department of Children, Youth and Families lease
22	agreement or use of the facility;
23	WHEREAS, the leased premises provide a critical location for the offices of the
24	Department of Children, Youth and Families from which the agency can fulfill its mission;
25	WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
26	30, 2023 is $356,701.80;
27	WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
28	of the renewal term will not exceed $337,399.50 in years one (1) through three (3) and $353,092.50
29	in years four (4) through five (5);
30	WHEREAS, the payment of the annual base rent will be made from funds available to the
31	Department of Children, Youth and Families for the payments of rental and lease costs based on
32	annual appropriations made by the General Assembly; and
33	WHEREAS, the State Properties Committee now respectfully requests the approval of the
34	General Assembly for the lease agreement between the Department of Children, Youth and
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1	Families and WSA Property, Inc. for leased space located at 530 Wood Street, Bristol; now
2	therefore be it:
3	RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
4	lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
5	$1,718,383.50;
6	RESOLVED, that this Joint Resolution shall take effect upon passage by the General
7	Assembly; and be it further
8	RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
9	certified copies of this resolution to the Governor, the Director of the Department of Children,
10	Youth and Families, the Director of Administration, the State Budget Officer, and the Chair of the
11	State Properties Committee.
12	SECTION 5. Department of Revenue (2000 Diamond Hill Road, Woonsocket).
13	WHEREAS, the Department of Revenue currently occupies approximately 4,877 square
14	feet at 2000 Diamond Hill Road in the City of Woonsocket;
15	WHEREAS, the Department of Revenue currently has a current lease agreement, in full
16	force and effect, with Woonsocket Mall, LLC for approximately 4,877 square feet of office space
17	located at 2000 Diamond Hill Road, Woonsocket;
18	WHEREAS, the existing lease expires on November 30, 2023 and the Department of
19	Revenue wishes to exercise its option to renew this lease for an additional five (5) year term;
20	WHEREAS, the State of Rhode Island, acting by and through the Department of Revenue,
21	attests to the fact that there are no clauses in the lease agreement with Woonsocket Mall, LLC that
22	would interfere with the Department of Revenue lease agreement or use of the facility;
23	WHEREAS, the leased premises provide a critical location for the offices of the
24	Department of Revenue from which the agency can fulfill its mission;
25	WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
26	30, 2023 is $75,770.00;
27	WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
28	of the renewal term will not exceed $78,519.70;
29	WHEREAS, the payment of the annual base rent will be made from funds available to the
30	Department of Revenue for the payments of rental and lease costs based on annual appropriations
31	made by the General Assembly;
32	WHEREAS, the State Properties Committee now respectfully requests the approval of the
33	General Assembly for the lease agreement between the Department of Revenue and Woonsocket
34	Mall, LLC for leased space located at 2000 Diamond Hill Road; now therefore be it:
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1	RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
2	lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
3	$392,598.50;
4	RESOLVED, that this Joint Resolution shall take effect upon passage by the General
5	Assembly;
6	RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
7	certified copies of this resolution to the Governor, the Director of the Department of Revenue, the
8	Director of Administration, the State Budget Officer, and the Chair of the State Properties
9	Committee.
10	SECTION 6. Department of Elementary and Secondary Education (To Be Determined).
11	WHEREAS, the Department of Elementary and Secondary Education currently occupies
12	approximately 61,044 square feet of State-owned space in the Shepard Building located at 259
13	Westminster Street in the City of Providence;
14	WHEREAS, the Department of Administration wishes to surplus the Shepard Building
15	property and relocate the Department of Elementary and Secondary Education to another suitable
16	space;
17	WHEREAS, the Department of Administration has conducted a review of its State-owned
18	inventory of space. Based on this review, the current State-owned building inventory does not
19	include office space that can accommodate the space requirements of the Department of Elementary
20	and Secondary Education;
21	WHEREAS, the Department of Administration is currently working with the Department
22	of Elementary and Secondary Education on the advertisement of a Request for Proposals to lease
23	approximately 25,000-30,000 square feet of office space and associated parking spaces in the City
24	of Providence for a term of five (5) years;
25	WHEREAS, the leased premises to be determined will provide a critical location for the
26	offices of the Department of Elementary and Secondary Education from which the agency can
27	fulfill its mission;
28	WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
29	of the renewal term will not exceed a commercially reasonable amount determined through a
30	procurement process;
31	WHEREAS, the payment of the annual base rent will be made from funds available to the
32	Department of Elementary and Secondary Education for the payments of rental and lease costs
33	based on annual appropriations made by the General Assembly;
	LC000715 - Page 202 of 204
1	WHEREAS, the State Properties Committee now respectfully requests the approval of the
2	General Assembly for the lease agreement between the Department of Elementary and Secondary
3	Education and a Landlord to be determined for leased space located at a location to be determined;
4	now therefore be it:
5	RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
6	lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed a
7	commercially reasonable amount to be determined through a procurement process;
8	RESOLVED, that this Joint Resolution shall take effect upon passage by the General
9	Assembly;
10	RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
11	certified copies of this resolution to the Governor, the Commissioner of the Department of
12	Elementary and Secondary Education, the Director of Administration, the State Budget Officer,
13	and the Chair of the State Properties Committee.
14	SECTION 7. This Article shall take effect upon passage.
	LC000715 - Page 203 of 204
1	ARTICLE 12
2	RELATING TO EFFECTIVE DATE
3	SECTION 1. This act shall take effect as of July 1, 2023, except as otherwise provided
4	herein.
5	SECTION 2. This article shall take effect upon passage.
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	LC000715 - Page 204 of 204