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2023 -- H 5200 SUBSTITUTE A AS AMENDED

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S T A T E O F R H O D E I S L A N D

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 2024

2

ARTICLE 2

RELATING TO STATE FUNDS

3

ARTICLE 3

RELATING TO GOVERNMENT REFORM AND REORGANIZATION

4

ARTICLE 4

RELATING TO TAXES

5

ARTICLE 5

RELATING TO ENERGY AND THE ENVIRONMENT

6

ARTICLE 6

RELATING TO HOUSING

7

ARTICLE 7

RELATING TO ECONOMIC DEVELOPMENT

8

ARTICLE 8

RELATING EDUCATION

9

ARTICLE 9

RELATING TO HUMAN SERVICES

10

ARTICLE 10

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY

11


2023

12

ARTICLE 11

RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND

13


OPERATING SPACE

14

ARTICLE 12

RELATING TO PENSIONS

15

ARTICLE 13

RELATING TO EFFECTIVE DATE


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art.001/6/001/5/001/4/001/3/001/2/001/1

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  1. ARTICLE 1 AS AMENDED


  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 3,419,152


  14. Federal Funds


  15. Federal Funds 54,029,495


  16. Federal Funds - State Fiscal Recovery Fund


  17. Public Health Response Warehouse Support 1,400,000


  18. Ongoing COVID-19 Response 41,787,709


  19. Municipal Public Safety Infrastructure 11,000,000


  20. Total - Central Management 111,636,356


  21. Legal Services


  22. General Revenues 2,440,410


  23. Accounts and Control


  24. General Revenues 5,315,642


  25. Federal Funds


  26. Federal Funds - Capital Projects Fund


  27. CPF Administration 4,828,079


  28. Federal Funds - State Fiscal Recovery Fund


  29. Pandemic Recovery Office 6,918,788


  30. Restricted Receipts - OPEB Board Administration 197,320


1 Restricted Receipts - Grants Management Administration

2,507,384

2 Total - Accounts and Control

19,767,213

3 Office of Management and Budget


4 General Revenues

9,431,527

5 Federal Funds

101,250

6 Restricted Receipts

300,000

7 Other Funds

1,220,255

8 Total - Office of Management and Budget

11,053,032

9 Purchasing


10 General Revenues

3,868,405

11 Restricted Receipts

446,294

12 Other Funds

612,914

13 Total - Purchasing

4,927,613

14 Human Resources


15 General Revenues

937,996

16 Personnel Appeal Board


17 General Revenues

100,881

18 Information Technology


19 General Revenues

14,221,340


20 Provided that of this general revenue amount, $13,000,000 shall be transferred to the Large


21 Systems Initiatives Fund by July 14, 2023.


22 Restricted Receipts

6,333,491

23 Total - Information Technology

20,554,831

24 Library and Information Services


25 General Revenues

1,903,636

26 Federal Funds

1,565,679

27 Restricted Receipts

6,990

28 Total - Library and Information Services

3,476,305

29 Planning


30 General Revenues

1,138,335

31 Federal Funds

3,050

32 Other Funds


33 Air Quality Modeling

24,000

34 Federal Highway - PL Systems Planning

3,321,572


1 State Transportation Planning Match

385,317

2 FTA - Metro Planning Grant

1,733,742

3 Total-Planning

6,606,016

4 General


5 General Revenues


6 Miscellaneous Grants/Payments

130,000


7 Provided that this amount be allocated to City Year for the Whole School Whole Child


8 Program, which provides individualized support to at-risk students.


9 Torts Court Awards

675,000

10 Wrongful Conviction Awards

250,000

11 Resource Sharing and State Library Aid

11,475,314

12 Library Construction Aid

1,909,317

13 Defeasance of Existing Debt

35,000,000

14 Federal Funds - Capital Projects Fund


15 Municipal and Higher Ed Matching Grant Program

58,360,065

16 Restricted Receipts

700,000

17 Other Funds


18 Rhode Island Capital Plan Funds


19 Security Measures State Buildings

500,000

20 Energy Efficiency Improvements

1,000,000

21 Cranston Street Armory

2,250,000

22 State House Renovations

6,389,000

23 Zambarano Buildings and Campus

7,245,000

24 Replacement of Fueling Tanks

430,000

25 Environmental Compliance

200,000

26 Big River Management Area

200,000

27 Shepard Building Upgrades

1,500,000

28 RI Convention Center Authority

10,237,500

29 Accessibility - Facility Renovations

1,180,000

30 DoIT Enterprise Operations Center

4,140,000

31 BHDDH MH & Community Facilities - Asset Protection

950,000

32 BHDDH DD & Community Homes - Fire Code

325,000

33 BHDDH DD Regional Facilities - Asset Protection

1,800,000

34 BHDDH Substance Abuse Asset Protection

600,000

  1. BHDDH Group Homes 1,350,000


  2. Statewide Facility Master Plan 2,000,000


  3. Cannon Building 3,725,000


  4. Old State House 100,000


  5. State Office Building 100,000


  6. State Office Reorganization & Relocation 1,450,000


  7. William Powers Building 4,750,000


  8. Pastore Center Non-Hospital Buildings Asset Protection 10,330,000


  9. Washington County Government Center 650,000


  10. Chapin Health Laboratory 425,000


  11. 560 Jefferson Blvd Asset Protection 1,750,000


  12. Arrigan Center 125,000


  13. Civic Center 6,212,500


  14. Pastore Center Buildings Demolition 1,000,000


  15. Veterans Auditorium 100,000


  16. Pastore Center Hospital Buildings Asset Protection 500,000


  17. Pastore Campus Infrastructure 25,000,000


  18. Pastore Center Power Plant Rehabilitation 450,000


  19. Community Facilities Asset Protection 70,000


  20. Zambarano LTAC Hospital 6,569,677


  21. Medical Examiners - New Facility 5,168,529


  22. Group Home Replacement & Rehabilitation 5,000,000


  23. State Land Use Planning Study 250,000


  24. Total - General 224,521,902


  25. Debt Service Payments


  26. General Revenues 182,821,772


  27. Out of the general revenue appropriations for debt service, the General Treasurer is


  28. authorized to make payments for the I-195 Redevelopment District Commission loan up to the


  29. maximum debt service due in accordance with the loan agreement.


  30. Other Funds


  31. Transportation Debt Service 35,226,154


  32. Investment Receipts - Bond Funds 100,000


  33. Total - Debt Service Payments 218,147,926


  34. Energy Resources


1 Federal Funds


2 Federal Funds

1,628,101

3 Federal Funds - State Fiscal Recovery Fund


4 Electric Heat Pump Grant Program

20,000,000

5 Restricted Receipts

21,905,399

6 Other Funds

4,000,000

7 Total - Energy Resources

47,533,500

8 Rhode Island Health Benefits Exchange


9 General Revenues

4,744,746

10 Federal Funds


11 Federal Funds

9,733,677

12 Federal Funds - State Fiscal Recovery Fund


13 Auto-Enrollment Program

1,325,358

14 Restricted Receipts

16,089,640

15 Total - Rhode Island Health Benefits Exchange

31,893,421

16 Division of Equity, Diversity & Inclusion


17 General Revenues

1,898,258

18 Other Funds

109,062

19 Total - Division of Equity, Diversity & Inclusion

2,007,320

20 Capital Asset Management and Maintenance


21 General Revenues

12,161,961

22 Grand Total - Administration

717,766,683

23 Business Regulation


24 Central Management


25 General Revenues

4,609,968

26 Banking Regulation


27 General Revenues

1,801,125

28 Restricted Receipts

63,000

29 Total - Banking Regulation

1,864,125

30 Securities Regulation


31 General Revenues

865,851

32 Restricted Receipts

15,000

33 Total - Securities Regulation

880,851

34 Insurance Regulation



1 General Revenues

4,669,856

2 Restricted Receipts

1,883,195

3 Total - Insurance Regulation

6,553,051

4 Office of the Health Insurance Commissioner


5 General Revenues

2,933,710

6 Federal Funds

322,958

7 Restricted Receipts

522,210

8 Total - Office of the Health Insurance Commissioner

3,778,878

9 Board of Accountancy


10 General Revenues

5,490

11 Commercial Licensing and Gaming and Athletics Licensing


12 General Revenues

1,194,966

13 Restricted Receipts

888,870

14 Total - Commercial Licensing and Gaming and Athletics Licensing

2,083,836

15 Building, Design and Fire Professionals


16 General Revenues

8,290,502

17 Federal Funds

318,545

18 Restricted Receipts

2,033,537

19 Other Funds


20 Quonset Development Corporation

71,915

21 Rhode Island Capital Plan Funds


22 Fire Academy Expansion

5,715,000

23 Total - Building, Design and Fire Professionals

16,429,499

24 Office of Cannabis Regulation


25 Restricted Receipts

6,117,205

26 Grand Total - Business Regulation

42,322,903

27 Executive Office of Commerce


28 Central Management


29 General Revenues

2,249,368

30 Quasi-Public Appropriations


31 General Revenues


32 Rhode Island Commerce Corporation

8,290,488

33 Airport Impact Aid

1,010,036


34 Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be

  1. distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the


  2. total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)


  3. of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022


  4. at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,


  5. T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island Commerce


  6. Corporation shall make an impact payment to the towns or cities in which the airport is located


  7. based on this calculation. Each community upon which any part of the above airports is located


  8. shall receive at least $25,000.


9 STAC Research Alliance

900,000

10 Innovative Matching Grants/Internships

1,000,000

11 I-195 Redevelopment District Commission

1,245,050

12 Polaris Manufacturing Grant

450,000

13 East Providence Waterfront Commission

50,000

14 Urban Ventures

140,000

15 Chafee Center at Bryant

476,200

16 Federal Funds - State Fiscal Recovery Fund


17 Port of Davisville

59,000,000

18 Other Funds


19 Rhode Island Capital Plan Funds


20 I-195 Redevelopment District Commission

805,000

21 Total - Quasi-Public Appropriations

73,366,774

22 Economic Development Initiatives Fund


23 General Revenues


24 Innovation Initiative

2,000,000

25 Rebuild RI Tax Credit Fund

26,360,000

26 Small Business Promotion

1,000,000

27 Small Business Assistance

2,000,000

28 I-195 Redevelopment Fund

2,000,000

29 First Wave Closing Fund

10,000,000

30 Federal Funds


31 Federal Funds

20,000,000

32 Federal Funds - State Fiscal Recovery Fund


33 Destination Marketing

1,500,000

34 Total - Economic Development Initiatives Fund

64,860,000


1 Commerce Programs


2 General Revenues


3 Wavemaker Fellowship

4,000,000

4 Air Service Development Fund

2,250,000

5 Main Streets Revitalization

1,000,000

6 Federal Funds - State Fiscal Recovery Fund


7 Minority Business Accelerator

4,000,000

8 Bioscience Investments

45,000,000

9 South Quay Marine Terminal

35,000,000

10 Small Business Assistance

327,999

11 Federal Funds - Capital Projects Fund


12 Broadband

9,573,500

13 Total - Commerce Programs

101,151,499

14 Grand Total - Executive Office of Commerce

241,627,641

15 Housing


16 Central Management


17 General Revenues

32,997,895

18 Federal Funds


19 Federal Funds

15,493,898

20 Federal Funds - State Fiscal Recovery Fund


21 OHCD Predevelopment and Capacity Fund

500,000

22 Development of Affordable Housing

55,000,000

23 Homelessness Assistance Program

13,000,000

24 Site Acquisition

10,000,000

25 Down Payment Assistance

20,000,000

26 Workforce Housing

8,000,000

27 Affordable Housing Predevelopment Program

7,500,000

28 Home Repair and Community Revitalization

9,500,000

29 Homelessness Infrastructure

30,000,000

30 Proactive Housing Development

1,400,000

31 Targeted Housing Development

31,000,000

32 Housing Related Infrastructure

4,300,000

33 Preservation of Affordable Units

500,000

34 Municipal Planning

2,300,000


1 Municipal Homelessness Support Initiative

2,500,000

2 Restricted Receipts

7,664,150

3 Grand Total - Housing

251,655,943

4 Labor and Training


5 Central Management


6 General Revenues

1,465,751

7 Restricted Receipts

375,872

8 Total - Central Management

1,841,623

9 Workforce Development Services


10 General Revenues

1,107,295

11 Provided that $200,000 of this amount is used to support Year Up.


12 Federal Funds

26,734,994

13 Total - Workforce Development Services

27,842,289

14 Workforce Regulation and Safety


15 General Revenues

4,828,609

16 Income Support


17 General Revenues

3,691,640

18 Federal Funds

27,968,384

19 Restricted Receipts

2,422,361

20 Other Funds


21 Temporary Disability Insurance Fund

262,177,859

22 Employment Security Fund

142,775,000

23 Total - Income Support

439,035,244

24 Injured Workers Services


25 Restricted Receipts

10,320,752

26 Labor Relations Board


27 General Revenues

553,932

28 Governor’s Workforce Board


29 General Revenues

6,050,000


  1. Provided that $600,000 of these funds shall be used for enhanced training for direct care


  2. and support services staff to improve resident quality of care and address the changing health care


  3. needs of nursing facility residents due to higher acuity and increased cognitive impairments


  4. pursuant to Rhode Island General Laws, Section 23-17.5-36.


  5. Federal Funds - State Fiscal Recovery Fund


    1 Enhanced Real Jobs

    20,000,000

    2 Restricted Receipts

    17,161,583

    3 Total - Governor’s Workforce Board

    43,211,583

    4 Grand Total - Labor and Training

    527,634,032

    5 Department of Revenue


    6 Director of Revenue


    7 General Revenues

    2,348,848

    8 Office of Revenue Analysis


    9 General Revenues

    983,531

    10 Lottery Division


    11 Other Funds


    12 Other Funds

    390,909,764

    13 Rhode Island Capital Plan Funds


    14 Lottery Building Enhancements

    850,000

    15 Total - Lottery Division

    391,759,764

    16 Municipal Finance


    17 General Revenues

    1,759,431

    18 Taxation


    19 General Revenues

    34,604,969

    20 Restricted Receipts

    5,067,295

    21 Other Funds


    22 Motor Fuel Tax Evasion

    175,000

    23 Total - Taxation

    39,847,264

    24 Registry of Motor Vehicles


    25 General Revenues

    31,812,522

    26 Federal Funds

    825,339

    27 Restricted Receipts

    3,494,403

    28 Total - Registry of Motor Vehicles

    36,132,264

    29 State Aid


    30 General Revenues


    31 Distressed Communities Relief Fund

    12,384,458

    32 Payment in Lieu of Tax Exempt Properties

    49,201,412

    33 Motor Vehicle Excise Tax Payments

    234,712,307

    34 Property Revaluation Program

    906,329

    1. Tangible Tax Exemption Program 28,000,000


    2. Provided that all unexpended or unencumbered balances as of June 30, 2024, appropriated


    3. for tangible tax exemption reimbursements pursuant to Rhode Island General Law, Chapter 44-5.3


4 are hereby reappropriated to the following fiscal year.


5 Restricted Receipts

995,120

6 Total - State Aid

326,199,626

7 Collections


8 General Revenues

1,002,552

9 Grand Total - Revenue

800,033,280

10 Legislature


11 General Revenues

50,998,683

12 Restricted Receipts

2,090,093

13 Grand Total - Legislature

53,088,776

14 Lieutenant Governor


15 General Revenues

1,411,331

16 Secretary of State


17 Administration


18 General Revenues

4,639,961


  1. Provided that $100,000 be allocated to support the Rhode Island Council for the


  2. Humanities for grant making to civic and cultural organizations, and $50,000 support Rhode


21 Island’s participation in the We the People Civics Challenge.


22 Corporations

23 General Revenues

2,815,916

24 State Archives


25 General Revenues

198,351

26 Restricted Receipts

558,028

27 Total - State Archives

756,379

28 Elections and Civics


29 General Revenues

2,676,107

30 Federal Funds

2,001,207

31 Total - Elections and Civics

4,677,314

32 State Library


33 General Revenues

879,042


34 Provided that $125,000 be allocated to support the Rhode Island Historical Society and

  1. $18,000 be allocated to support the Newport Historical Society, pursuant to Sections 29-2-1 and


  2. 29-2-2 of the Rhode Island General Laws, and $25,000 be allocated to support the Rhode Island


3 Black Heritage Society.


4 Office of Public Information

5 General Revenues

630,466

6 Receipted Receipts

25,000

7 Total - Office of Public Information

655,466

8 Grand Total - Secretary of State

14,424,078

9 General Treasurer


10 Treasury


11 General Revenues

3,096,255

12 Federal Funds

343,876

13 Other Funds


14 Temporary Disability Insurance Fund

262,277

15 Tuition Savings Program - Administration

432,979

16 Total -Treasury

4,135,387

17 State Retirement System


18 Restricted Receipts


19 Admin Expenses - State Retirement System

13,111,836

20 Retirement - Treasury Investment Operations

1,979,142

21 Defined Contribution - Administration

328,028

22 Total - State Retirement System

15,419,006

23 Unclaimed Property


24 Restricted Receipts

2,604,026

25 Crime Victim Compensation


26 General Revenues

899,553

27 Federal Funds

422,493

28 Restricted Receipts

555,000

29 Total - Crime Victim Compensation

1,877,046

30 Grand Total - General Treasurer

24,035,465

31 Board of Elections


32 General Revenues

3,981,728

33 Rhode Island Ethics Commission


34 General Revenues

2,137,059


1 Office of Governor


2 General Revenues


3 General Revenues

8,256,547

4 Contingency Fund

150,000

5 Grand Total - Office of Governor

8,406,547

6 Commission for Human Rights


7 General Revenues

2,009,246

8 Federal Funds

359,101

9 Grand Total - Commission for Human Rights

2,368,347

10 Public Utilities Commission


11 Federal Funds

593,775

12 Restricted Receipts

13,667,525

13 Grand Total - Public Utilities Commission

14,261,300

14 Office of Health and Human Services


15 Central Management


16 General Revenues

47,288,469


  1. Provided that $220,000 shall be for the children’s cabinet, established under Rhode Island


  2. General Law, Chapter 42-7.5, to assist with the planning for an early childhood governance


  3. structure of and for the transition of established early childhood programs to such an office.


  4. Federal Funds 172,720,592


  5. Provided that $250,000 shall be for the Executive Office to develop an Olmstead Plan.


22 Restricted Receipts

33,522,192

23 Total - Central Management

253,531,253

24 Medical Assistance


25 General Revenues


26 Managed Care

452,752,540

27 Hospitals

121,333,847


  1. Of the general revenue funding, $2.5 million shall be provided for Graduate Medical


  2. Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,


  3. $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million


  4. is for the residential training program at Landmark Hospital.


  5. Nursing Facilities 152,569,575


  6. Home and Community Based Services 59,029,500


  7. Other Services 161,342,668


1 Pharmacy

96,525,250

2 Rhody Health

223,304,955

3 Federal Funds


4 Managed Care

617,201,624

5 Hospitals

240,332,049

6 Nursing Facilities

192,220,425

7 Home and Community Based Services

74,370,500

8 Other Services

840,530,263

9 Pharmacy

474,750

10 Rhody Health

278,696,684

11 Other Programs

32,247,569

12 Restricted Receipts

18,550,306

13 Total - Medical Assistance

3,561,482,505

14 Grand Total - Office of Health and Human Services

3,815,013,758

15 Children, Youth and Families


16 Central Management


17 General Revenues

14,968,321


  1. The director of the department of children, youth and families shall provide to the speaker


  2. of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,


  3. a report on its progress implementing the accreditation plan filed in accordance with Rhode Island


  4. General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The


  5. report shall, at minimum, provide data regarding recruitment and retention efforts including


  6. attaining and maintaining a diverse workforce, documentation of newly filled and vacated


  7. positions, and progress towards reducing worker caseloads.


  8. Federal Funds


  9. Federal Funds 26,232,025


  10. Federal Funds - State Fiscal Recovery Fund


  11. Provider Workforce Stabilization 7,920,766


  12. Provided that these funds be used for workforce stabilization supplemental wage payments


  13. and sign-on bonuses to eligible direct care and support care staff only until a contracted service


  14. provider’s new contract takes effect at which time payments cease.


  15. Foster Home Lead Abatement & Fire Safety 375,000


  16. Total - Central Management 49,496,112


  17. Children's Behavioral Health Services


1 General Revenues

8,714,168

2 Federal Funds

8,767,860

3 Total - Children's Behavioral Health Services

17,482,028

4 Youth Development Services


5 General Revenues

23,178,477

6 Federal Funds

193,194

7 Restricted Receipts

141,260

8 Other Funds


9 Rhode Island Capital Plan Funds


10 Training School Asset Protection

250,000

11 Residential Treatment Facility

15,000,000

12 Total - Youth Development Services

38,762,931

13 Child Welfare


14 General Revenues

170,201,780

15 Federal Funds

88,869,694

16 Restricted Receipts

1,349,863

17 Total - Child Welfare

260,421,337

18 Higher Education Incentive Grants


19 General Revenues

200,000


  1. Provided that these funds and any unexpended or unencumbered previous years’ funding


  2. are to be used exclusively to fund awards to eligible youth.


  3. The director of the department of children, youth and families shall provide to the governor,


  4. speaker of the house and president of the senate a report on higher education participation for


  5. department affiliated youth. The report due on December 1 and July 1 of each year shall, at


  6. minimum, include data by institution on the past 180 days regarding amounts awarded, each


  7. awardee’s unmet need, the number of youth eligible, applications, and awards made by the


  8. department, and the number of students who dropped out. It shall also include participation


  9. information on trade school and workforce development programs.


  10. Grand Total - Children, Youth and Families 366,362,408


  11. Health


  12. Central Management


  13. General Revenues 3,845,945


  14. Federal Funds 7,898,826


  15. Restricted Receipts 16,723,583

    1. Provided that the disbursement of any indirect cost recoveries on federal grants budgeted


    2. in this line item that are derived from grants authorized under The Coronavirus Preparedness and


    3. Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus


    4. Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-


    5. 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the


    6. Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021


    7. (P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management


    8. and Budget. No obligation or expenditure of these funds shall take place without such approval.


    9. Total - Central Management 28,468,354


    10. Community Health and Equity


    11. General Revenues 1,577,479


    12. Federal Funds 79,024,850


    13. Restricted Receipts 43,524,137


    14. Total - Community Health and Equity 124,126,466


    15. Environmental Health


    16. General Revenues 6,042,901


    17. Federal Funds 11,275,046


    18. Restricted Receipts 895,252


    19. Total - Environmental Health 18,213,199


    20. Health Laboratories and Medical Examiner


    21. General Revenues 12,757,344


    22. Federal Funds 2,669,840


    23. Other Funds


    24. Rhode Island Capital Plan Funds


    25. Health Laboratories & Medical Examiner Equipment 400,000


    26. Total - Health Laboratories and Medical Examiner 15,827,184


    27. Customer Services


    28. General Revenues 8,216,978


    29. Federal Funds 7,514,546


    30. Restricted Receipts 4,425,552


    31. Total - Customer Services 20,157,076


    32. Policy, Information and Communications


    33. General Revenues 982,376


    34. Federal Funds 3,438,259


1 Restricted Receipts

882,254

2 Total - Policy, Information and Communications

5,302,889

3 Preparedness, Response, Infectious Disease & Emergency Services


4 General Revenues

2,232,149

5 Federal Funds

19,777,182

6 Total - Preparedness, Response, Infectious Disease & Emergency Services

22,009,331

7 COVID-19


8 Federal Funds


9 Federal Funds

58,581,958

10 Federal Funds - State Fiscal Recovery Fund


11 COVID-19 Operational Support

34,909,578

12 Total - COVID-19

93,491,536

13 Grand Total - Health

327,596,035

14 Human Services


15 Central Management


16 General Revenues

5,954,150


  1. Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide


  2. direct services through the Coalition Against Domestic Violence, $25,000 for the Center for


  3. Southeast Asians, $450,000 to support Project Reach activities provided by the RI Alliance of Boys


  4. and Girls Clubs, $267,000 is for outreach and supportive services through Day One, $550,000 is


  5. for food collection and distribution through the Rhode Island Community Food Bank, $500,000 for


  6. services provided to the homeless at Crossroads Rhode Island, $600,000 for the Community Action


  7. Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy,


  8. $75,000 is to support services provided to the immigrant and refugee population through Higher


  9. Ground International, and $50,000 is for services provided to refugees through the Refugee Dream


  10. Center.


  11. The director of the department of human services shall provide to the speaker of the house,


  12. president of the senate, and chairs of the house and senate finance committees at least every sixty


  13. (60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer


  14. serving staff. The report shall include: documentation of newly filled and vacated positions,


  15. including lateral transfers, position titles, civil service information, including numbers of eligible


  16. and available candidates, plans for future testing and numbers of eligible and available candidates


  17. resulting from such testing, impacts on caseload backlogs and call center wait times, as well as


  18. other pertinent information as determined by the director.

  1. Federal Funds


  2. Federal Funds 8,060,913


  3. Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs.


4 Federal Funds - State Fiscal Recovery Fund


5 Rhode Island Community Food Bank

3,000,000

6 Restricted Receipts

300,000

7 Total - Central Management

17,315,063

8 Child Support Enforcement


9 General Revenues

4,541,800

10 Federal Funds

10,035,378

11 Restricted Receipts

3,613,859

12 Total - Child Support Enforcement

18,191,037

13 Individual and Family Support


14 General Revenues

47,213,539

15 Federal Funds


16 Federal Funds

121,621,808

17 Federal Funds – State Fiscal Recovery Fund


18 Child Care Support

16,717,000

19 Restricted Receipts

185,000

20 Other Funds


21 Rhode Island Capital Plan Funds


22 Blind Vending Facilities

165,000

23 Total - Individual and Family Support

185,902,347

24 Office of Veterans Services


25 General Revenues

34,617,133


  1. Of this amount, $200,000 is to provide support services through Veterans’ organizations,


  2. $50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services


28 Officers (VSO) program through the Veterans of Foreign Wars.


29 Federal Funds

12,222,903

30 Restricted Receipts

1,765,801

31 Other Funds


32 Rhode Island Capital Plan Funds


33 Veterans Home Asset Protection

500,000

34 Veterans Memorial Cemetery Asset Protection

750,000


1 Total - Office of Veterans Services

49,855,837

2 Health Care Eligibility


3 General Revenues

10,354,082

4 Federal Funds

17,291,822

5 Total - Health Care Eligibility

27,645,904

6 Supplemental Security Income Program


7 General Revenues

17,095,200

8 Rhode Island Works


9 General Revenues

10,186,745

10 Federal Funds

87,955,655

11 Total - Rhode Island Works

98,142,400

12 Other Programs


13 General Revenues


14 General Revenues

1,935,456


15 Of this appropriation, $90,000 shall be used for hardship contingency payments.


16 Retail SNAP Incentives Pilot Program


10,000,000

17 Federal Funds

369,208,211

18 Restricted Receipts

8,000

19 Total - Other Programs

381,151,667

20 Office of Healthy Aging


21 General Revenues

13,654,589


  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 20,834,138


  8. Restricted Receipts 61,000


  9. Other Funds


  10. Intermodal Surface Transportation Fund 4,147,184


  11. Total - Office of Healthy Aging 38,696,911


  12. Grand Total - Human Services 833,996,366


  13. Behavioral Healthcare, Developmental Disabilities and Hospitals


1 Central Management


2 General Revenues

2,445,310

3 Federal Funds

734,228

4 Total - Central Management

3,179,538

5 Hospital and Community System Support


6 General Revenues

1,260,208

7 Federal Funds

65,739

8 Restricted Receipts

448,659

9 Total - Hospital and Community System Support

1,774,606

10 Services for the Developmentally Disabled


11 General Revenues

207,551,352


  1. Provided that of this general revenue funding, $33,194,667 shall be expended on certain


  2. community-based department of behavioral healthcare, developmental disabilities and hospitals


  3. (BHDDH) developmental disability private provider and self-directed consumer direct care service


  4. worker raises and associated payroll costs as authorized by BHDDH and to finance the new services


  5. rates implemented by BHDDH pursuant to the Consent Decree Action Plan. Any increase for direct


  6. support staff and residential or other community-based setting must first receive the approval of


  7. BHDDH.


  8. Federal Funds 260,062,877


  9. Provided that of this federal funding, $41,821,645 shall be expended on certain


  10. community-based department of behavioral healthcare, developmental disabilities and hospitals


  11. (BHDDH) developmental disability private provider and self-directed consumer direct care service


  12. worker raises and associated payroll costs as authorized by BHDDH and to finance the new services


  13. rates implemented by BHDDH pursuant to the Consent Decree Action Plan. Any increase for direct


  14. support staff and residential or other community-based setting must first receive the approval of


26 BHDDH.


27 Restricted Receipts

1,395,777

28 Other Funds


29 Rhode Island Capital Plan Funds


30 DD Residential Support

100,000

31 Total - Services for the Developmentally Disabled

469,110,006

32 Behavioral Healthcare Services


33 General Revenues

4,345,293

34 Federal Funds


  1. Federal Funds 34,025,449


  2. Provided that $250,000 from Social Services Block Grant funds is awarded to The


  3. Providence Center to coordinate with Oasis Wellness and Recovery Center for its support and


  4. services program offered to individuals with behavioral health issues.


  5. Federal Funds - State Fiscal Recovery Fund


  6. Crisis Intervention Trainings 1,650,000


  7. 9-8-8 Hotline 1,600,000


  8. Restricted Receipts 7,334,361


  9. Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the


  10. seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each


  11. Task Force.


  12. Total - Behavioral Healthcare Services 48,955,103


  13. Hospital and Community Rehabilitative Services


  14. General Revenues 60,067,815


  15. Federal Funds 51,095,254


  16. Restricted Receipts 3,150,000


  17. Other Funds


  18. Rhode Island Capital Plan Funds


  19. Hospital Equipment 300,000


  20. Total - Hospital and Community Rehabilitative Services 114,613,069


  21. State of RI Psychiatric Hospital


  22. General Revenues 35,216,359


  23. Grand Total - Behavioral Healthcare,


  24. Developmental Disabilities and Hospitals 672,848,681


  25. Office of the Child Advocate


  26. General Revenues 1,649,914


  27. Commission on the Deaf and Hard of Hearing


  28. General Revenues 764,208


  29. Restricted Receipts 104,467


  30. Grand Total - Comm. On Deaf and Hard-of-Hearing 868,675


  31. Governor’s Commission on Disabilities


  32. General Revenues


  33. General Revenues 776,252


  34. Livable Home Modification Grant Program 766,699

    1. Provided that this will be used for home modification and accessibility enhancements to


    2. construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.


    3. This will be in consultation with the Executive Office of Health and Human Services. All


    4. unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the


    5. ensuing fiscal year, and made immediately available for the same purpose.


    6. Federal Funds 378,638


    7. Restricted Receipts 62,131


    8. Grand Total - Governor’s Commission on Disabilities 1,983,720


    9. Office of the Mental Health Advocate


    10. General Revenues 976,078


    11. Elementary and Secondary Education


    12. Administration of the Comprehensive Education Strategy


    13. General Revenues 28,924,723


    14. Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s


    15. Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to


    16. support child opportunity zones through agreements with the Department of Elementary and


    17. Secondary Education to strengthen education, health and social services for students and their


    18. families as a strategy to accelerate student achievement and further provided that $450,000 and 3.0


    19. full-time equivalent positions be allocated to support a special education function to facilitate


    20. individualized education program (IEP) and 504 services.


    21. Federal Funds


    22. Federal Funds 282,135,648


    23. Provided that $684,000 from the Department’s administrative share of Individuals with


    24. Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to


    25. support the Rhode Island Vision Education and Services Program and that $270,000 of the


    26. Department’s allocation of education stabilization discretionary funds be used to support the RI


    27. Auditory Oral Program.


    28. Federal Funds – State Fiscal Recovery Fund


    29. Adult Education Providers 3,000,000


    30. Out of School Time Education Providers 4,000,000


    31. Restricted Receipts


    32. Restricted Receipts 2,381,954


    33. HRIC Adult Education Grants 3,500,000


    34. Total - Admin. of the Comprehensive Ed. Strategy 323,942,325


1 Davies Career and Technical School


2 General Revenues

15,721,293

3 Federal Funds

2,069,097

4 Restricted Receipts

4,448,690

5 Other Funds


6 Rhode Island Capital Plan Funds


7 Davies School HVAC

1,200,000

8 Davies School Asset Protection

500,000

9 Davies School Healthcare Classrooms

6,886,250

10 Davies School Wing Renovation

2,500,000

11 Total - Davies Career and Technical School

33,325,330

12 RI School for the Deaf


13 General Revenues

8,505,617

14 Federal Funds

312,070

15 Restricted Receipts

619,262

16 Other Funds


17 School for the Deaf Transformation Grants

59,000

18 Rhode Island Capital Plan Funds


19 School for the Deaf Asset Protection

331,000

20 Total - RI School for the Deaf

9,826,949

21 Metropolitan Career and Technical School


22 General Revenues

10,610,928

23 Federal Funds

2,707,864

24 Other Funds


25 Rhode Island Capital Plan Funds


26 MET School Asset Protection

2,000,000

27 Total - Metropolitan Career and Technical School

15,318,792

28 Education Aid


29 General Revenues

1,146,299,565

30 Provided that the criteria for the allocation of

early childhood funds shall prioritize


  1. prekindergarten seats and classrooms for four-year-olds whose family income is at or below one


  2. hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities


  3. with higher concentrations of low performing schools.


  4. Federal Funds 159,747,998


1 Restricted Receipts

36,395,639

2 Other Funds


3 Permanent School Fund

300,000

4 Total - Education Aid

1,342,743,202

5 Central Falls School District


6 General Revenues

49,413,751

7 Federal Funds

10,869,398

8 Total - Central Falls School District

60,283,149

9 School Construction Aid


10 General Revenues


11 School Housing Aid

104,162,946

12 Teachers' Retirement


13 General Revenues

132,744,129

14 Grand Total - Elementary and Secondary Education

2,022,346,822

15 Public Higher Education


16 Office of Postsecondary Commissioner


17 General Revenues

30,102,355


  1. Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to


  2. the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode


  3. Island to support its programs for children with developmental and intellectual disabilities. It is also


  4. provided that $8,568,644 shall be allocated to the Rhode Island Promise Scholarship program,


  5. $151,410 shall be used to support Rhode Island’s membership in the New England Board of Higher


  6. Education, $4,000,000 shall be allocated to the Rhode Island Hope Scholarship Program, and


  7. $200,000 shall be allocated to the Rhode Island School for Progressive Education to support access


  8. to higher education opportunities for teachers of color.


  9. Federal Funds


    27 Federal Funds

    4,156,833

    28 Guaranty Agency Administration

    400,000

    29 Guaranty Agency Operating Fund - Scholarships & Grants

    3,900,000

    30 Federal Funds - State Fiscal Recovery Fund


    31 RI Reconnect

    8,000,000

    32 Cybersecurity Center

    2,000,000

    33 Fresh Start Scholarship

    5,000,000

    34 Restricted Receipts

    5,904,272


    1 Other Funds


    2 Tuition Savings Program - Dual Enrollment

    2,300,000

    3 Tuition Savings Program - Scholarships and Grants

    895,000

    4 Nursing Education Center - Operating

    2,894,863

    5 Total - Office of Postsecondary Commissioner

    65,553,323

    6 University of Rhode Island


    7 General Revenues


    8 General Revenues

    105,389,557


    1. Provided that in order to leverage federal funding and support economic development,


    2. $700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated


    3. to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special


    4. Olympics Rhode Island to support its mission of providing athletic opportunities for individuals


    5. with intellectual and developmental disabilities.


      14 Debt Service

      31,813,173

      15 RI State Forensics Laboratory

      1,618,744

      16 Federal Funds - State Fiscal Recovery Funds


      17 PFAS Water Treatment Plant

      20,000,000

      18 Other Funds


      19 University and College Funds

      745,170,430

      20 Debt - Dining Services

      992,421

      21 Debt - Education and General

      7,633,681

      22 Debt - Health Services

      119,986

      23 Debt - Housing Loan Funds

      12,979,112

      24 Debt - Memorial Union

      425,523

      25 Debt - Ryan Center

      2,378,224

      26 Debt - Parking Authority

      819,763

      27 URI Restricted Debt Service - Energy Conservation

      507,250

      28 URI Debt Service - Energy Conservation

      1,885,825

      29 Rhode Island Capital Plan Funds


      30 Asset Protection

      13,494,395

      31 Mechanical, Electric, and Plumbing Improvements

      4,400,000

      32 Fire Protection Academic Buildings

      3,081,532

      33 Bay Campus

      6,000,000

      34 Athletics Complex

      26,270,000

      1 Provided that total Rhode Island Capital Plan funds provide no more than 80.0 percent of


      2 the total project.


      3 Stormwater Management

      256,338

      4 Fine Arts Center Renovation

      8,000,000

      5 Total - University of Rhode Island

      993,235,954


      1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


      2. unencumbered balances as of June 30, 2024 relating to the University of Rhode Island are hereby


      3. reappropriated to fiscal year 2025.


      4. Rhode Island College


      5. General Revenues


      11 General Revenues

      66,013,913

      12 Debt Service

      8,732,729

      13 Rhode Island Vision Education and Services Program

      1,800,000

      14 Other Funds


      15 University and College Funds

      106,541,381

      16 Debt - Education and General

      1,579,049

      17 Debt - Housing

      369,079

      18 Debt - Student Center and Dining

      155,000

      19 Debt - Student Union

      208,800

      20 Debt - G.O. Debt Service

      1,643,056

      21 Debt - Energy Conservation

      717,975

      22 Rhode Island Capital Plan Funds


      23 Asset Protection

      5,432,000

      24 Infrastructure Modernization

      5,275,000

      25 Master Plan Phase III

      10,000,000

      26 Total - Rhode Island College

      208,467,982


  10. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  11. unencumbered balances as of June 30, 2024 relating to Rhode Island College are hereby


  12. reappropriated to fiscal year 2025.


  13. Community College of Rhode Island


  14. General Revenues


  15. General Revenues 58,529,873


  16. Debt Service 807,992


  17. Restricted Receipts 828,372


1 Other Funds


2 University and College Funds

98,389,036

3 Rhode Island Capital Plan Funds


4 Asset Protection

2,653,124

5 Knight Campus Renewal

1,390,000

6 Data, Cabling, and Power Infrastructure

3,300,000

7 Flanagan Campus Renovations

4,500,000

8 CCRI Renovation and Modernization Phase I

12,000,000

9 Total - Community College of RI

182,398,397


  1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  2. unencumbered balances as of June 30, 2024 relating to the Community College of Rhode Island


  3. are hereby reappropriated to fiscal year 2025.


  4. Grand Total - Public Higher Education 1,449,655,656


  5. RI State Council on the Arts


  6. General Revenues


  7. Operating Support 1,102,758


  8. Grants 1,190,000


  9. Provided that $400,000 be provided to support the operational costs of WaterFire


  10. Providence art installations.


  11. Federal Funds 987,000


  12. Restricted Receipts 5,000


  13. Other Funds


    23 Art for Public Facilities

    585,000

    24 Grand Total - RI State Council on the Arts

    3,869,758

    25 RI Atomic Energy Commission


    26 General Revenues

    1,158,737

    27 Restricted Receipts

    25,036

    28 Other Funds


    29 URI Sponsored Research

    344,971

    30 Rhode Island Capital Plan Funds


    31 Asset Protection

    50,000

    32 Grand Total - RI Atomic Energy Commission

    1,578,744

    33 RI Historical Preservation and Heritage Commission


    34 General Revenues

    1,905,557

    1. Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration


    2. activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions.


3 Federal Funds

1,143,147

4 Restricted Receipts

422,800

5 Other Funds


6 RIDOT Project Review

110,327

7 Grand Total - RI Historical Preservation and Heritage Comm.

3,581,831

8 Attorney General


9 Criminal


10 General Revenues

21,038,345

11 Federal Funds

2,909,219

12 Restricted Receipts

1,290,066

13 Total - Criminal

25,237,630

14 Civil


15 General Revenues

7,010,429

16 Restricted Receipts

2,718,995

17 Total - Civil

9,729,424

18 Bureau of Criminal Identification


19 General Revenues

2,145,184

20 Restricted Receipts

1,296,624

21 Total - Bureau of Criminal Identification

3,441,808

22 General


23 General Revenues

4,668,933

24 Other Funds


25 Rhode Island Capital Plan Funds


26 Building Renovations and Repairs

150,000

27 Total - General

4,818,933

28 Grand Total - Attorney General

43,227,795

29 Corrections


30 Central Management


31 General Revenues

23,382,719

32 Parole Board


33 General Revenues

1,382,965

34 Custody and Security



1 General Revenues

160,215,200

2 Federal Funds

1,413,868

3 Total - Custody and Security

161,629,068

4 Institutional Support


5 General Revenues

29,751,849

6 Other Funds


7 Rhode Island Capital Plan Funds


8 Asset Protection

4,100,000

9 Total - Institutional Support

33,851,849

10 Institutional Based Rehab/Population Management


11 General Revenues

14,344,016

12 Provided that $1,050,000 be allocated to

Crossroads Rhode Island for sex offender

13 discharge planning.



  1. The director of the department of corrections shall provide to the speaker of the house and


  2. president of the senate at least every ninety (90) days beginning September 1, 2022, a report on


  3. efforts to modernize the correctional industries program. The report shall, at minimum, provide


  4. data on the past ninety (90) days regarding program participation, changes made in programming


  5. to more closely align with industry needs, new or terminated partnerships with employers,


  6. nonprofits, and advocacy groups, current program expenses and revenues, and the employment


  7. status of all persons on the day of discharge from department care who participated in the


  8. correctional industries program.


  9. Federal Funds 630,449


  10. Restricted Receipts 64,600


24 Total - Institutional Based Rehab/Population Mgt.

15,039,065

25 Healthcare Services


26 General Revenues

30,735,600

27 Restricted Receipts

1,331,585

28 Total - Healthcare Services

32,067,185

29 Community Corrections


30 General Revenues

21,198,507

31 Federal Funds

175,542

32 Restricted Receipts

36,924

33 Total - Community Corrections

21,410,973

34 Grand Total - Corrections

288,763,824

  1. Judiciary


  2. Supreme Court


  3. General Revenues


  4. General Revenues 34,670,879


  5. Provided however, that no more than $1,453,387 in combined total shall be offset to the


  6. Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the


  7. Department of Children, Youth and Families, and the Department of Public Safety for square-


  8. footage occupancy costs in public courthouses and further provided that $230,000 be allocated to


  9. the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy


  10. project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to


  11. Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.


12 Defense of Indigents

5,075,432

13 Federal Funds

213,725

14 Restricted Receipts

4,179,552

15 Other Funds


16 Rhode Island Capital Plan Funds


17 Garrahy Courtroom Restoration

750,000

18 Judicial Complexes - HVAC

1,000,000

19 Judicial Complexes Asset Protection

2,250,000

20 Judicial Complexes Fan Coil Unit Replacements

500,000

21 Garrahy Courthouse Restoration

1,125,000

22 Total - Supreme Court

49,764,588

23 Judicial Tenure and Discipline


24 General Revenues

174,733

25 Superior Court


26 General Revenues

27,552,736

27 Federal Funds

70,028

28 Restricted Receipts

665,000

29 Total - Superior Court

28,287,764

30 Family Court


31 General Revenues

26,408,476

32 Federal Funds

3,866,908

33 Total - Family Court

30,275,384

34 District Court



1 General Revenues

16,319,444

2 Federal Funds

821,532

3 Restricted Receipts

60,000

4 Total - District Court

17,200,976

5 Traffic Tribunal


6 General Revenues

11,185,670

7 Workers' Compensation Court


8 Restricted Receipts

10,008,315

9 Grand Total - Judiciary

146,897,430

10 Military Staff


11 General Revenues

3,650,802

12 Federal Funds

64,747,657

13 Restricted Receipts


14 RI Military Family Relief Fund

55,000

15 Other Funds


16 Rhode Island Capital Plan Funds


17 Aviation Readiness Center

138,272

18 Asset Protection

1,753,294

19 Quonset Airport Runway Reconstruction

1,774,119

20 Quonset Air National Guard HQ Facility

3,000,000

21 Sun Valley Armory

788,161

22 Grand Total - Military Staff

75,907,305

23 Public Safety


24 Central Management


25 General Revenues

14,866,598


  1. Provided that $13,500,000 shall be allocated as the state contribution for the Statewide


  2. Body-worn Camera Program, subject to all program and reporting rules, regulations, policies, and


  3. guidelines prescribed in the Rhode Island General Laws. Notwithstanding the provisions of section


  4. 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2024 from


30 this appropriation are hereby reappropriated to fiscal year 2025.


31 Federal Funds

32 Federal Funds

11,284,115

33 Federal Funds - State Fiscal Recovery Fund


34 Support for Survivors of Domestic Violence

7,000,000


1 Restricted Receipts

191,311

2 Total - Central Management

33,342,024

3 E-911 Emergency Telephone System


4 Restricted Receipts

9,269,543

5 Security Services


6 General Revenues

30,293,311

7 Municipal Police Training Academy


8 General Revenues

290,366

9 Federal Funds

399,095

10 Total - Municipal Police Training Academy

689,461

11 State Police


12 General Revenues

91,562,926

13 Federal Funds

5,474,011

14 Restricted Receipts

889,670

15 Other Funds


16 Airport Corporation Assistance

150,069

17 Road Construction Reimbursement

3,354,650

18 Weight and Measurement Reimbursement

510,198

19 Rhode Island Capital Plan Funds


20 DPS Asset Protection

2,053,000

21 Southern Barracks

10,465,719

22 Training Academy Upgrades

1,400,000

23 Statewide Communications System Network

249,754

24 Total - State Police

116,109,997

25 Grand Total - Public Safety

189,704,336

26 Office of Public Defender


27 General Revenues

15,694,120

28 Federal Funds

100,665

29 Grand Total - Office of Public Defender

15,794,785

30 Emergency Management Agency


31 General Revenues

6,632,962

32 Federal Funds

38,504,601

33 Restricted Receipts

406,774

34 Other Funds



1 Rhode Island Capital Plan Funds


2 RI Statewide Communications Network Tower

500,000

3 RI Statewide Communications Infrastructure

1,190,000

4 RI Statewide Communications 700 MHZ Project

2,776,375

5 RI Statewide Communications Warehouse

250,000

6 Grand Total - Emergency Management Agency

50,260,712

7 Environmental Management


8 Office of the Director


9 General Revenues

9,227,652


  1. Of this general revenue amount, $100,000 is appropriated to the Conservation Districts and


  2. $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a


  3. veterinarian at the Wildlife Clinic of Rhode Island.


  4. Federal Funds 40,100


  5. Restricted Receipts 4,463,201


15 Total - Office of the Director

13,730,953

16 Natural Resources


17 General Revenues

33,553,651


18 Provided that of this general revenue amount, $150,000 is to be used for marine mammal


19 response activities in conjunction with matching federal funds.


20 Federal Funds

20,162,255

21 Restricted Receipts

5,573,096

22 Other Funds


23 DOT Recreational Projects

762,000

24 Blackstone Bike Path Design

1,000,000

25 Rhode Island Capital Plan Funds


26 Dam Repair

311,500

27 Fort Adams Rehabilitation

300,000

28 Port of Galilee

10,823,702

29 Newport Pier Upgrades

1,000,000

30 Recreation Facilities Asset Protection

750,000

31 Recreational Facilities Improvement

4,145,000

32 Natural Resources Office and Visitor's Center

250,000

33 Fish & Wildlife Maintenance Facilities

200,000

34 Marine Infrastructure/Pier Development

650,000


1 Total - Natural Resources

79,481,204

2 Environmental Protection


3 General Revenues

15,897,257

4 Federal Funds

10,885,928

5 Restricted Receipts

7,770,181

6 Other Funds


7 Transportation MOU

44,552

8 Total - Environmental Protection

34,597,918

9 Grand Total - Environmental Management

127,810,075

10 Coastal Resources Management Council


11 General Revenues

3,396,395

12 Federal Funds

2,264,374

13 Restricted Receipts

250,000

14 Grand Total - Coastal Resources Mgmt. Council

5,910,769

15 Transportation


16 Central Management


17 Federal Funds

15,010,567

18 Other Funds


19 Gasoline Tax

8,696,240

20 Total - Central Management

23,706,807

21 Management and Budget


22 Other Funds


23 Gasoline Tax

4,210,497

24 Infrastructure Engineering


25 Federal Funds


26 Federal Funds

424,349,096

27 Federal Funds – State Fiscal Recovery Funds


28 RIPTA R-Line Service Pilot

750,000

29 Municipal Roads Grant Program

20,000,000

30 RI Turnpike and Bridge Authority – Safety Barriers Study

750,000

31 Restricted Receipts

6,210,256

32 Other Funds


33 Gasoline Tax

81,370,442

34 The Rhode Island public transit authority is authorized and

directed to establish a

  1. paratransit voucher program. The program shall operate as a one-year pilot program to study the


  2. feasibility of expanding paratransit services to underserved communities and providing those


  3. utilizing the program with prepaid voucher(s) to cover the expense of paratransit services to be


  4. provided by the authority. The program shall begin no later than January 1, 2024. On or before


5 June 1, 2025, the authority shall submit a report to the speaker of the house and the president of the


  1. senate, detailing the outcome of the pilot program. Of this amount, $500,000 is appropriated for


  2. the authority for the pilot program.


8 Toll Revenue

1,500,000

9 Land Sale Revenue

9,523,299

10 Rhode Island Capital Plan Funds


11 Highway Improvement Program

133,406,300

12 Bike Path Asset Protection

400,000

13 RIPTA - Land and Buildings

10,372,818

14 RIPTA - URI Mobility Hub

250,000

15 RIPTA - Pawtucket/Central Falls Bus Hub Passenger Facility

1,500,000

16 Total - Infrastructure Engineering

690,382,211

17 Infrastructure Maintenance


18 Other Funds


19 Gasoline Tax

29,321,651


  1. The department of transportation will establish a Municipal Roadway Database, which will


  2. include information concerning the name, condition, length, roadway infrastructure, and pedestrian


  3. features of each municipal roadway, updated annually by municipalities. The database will serve


  4. as a comprehensive and transparent list of municipal roadway conditions.


24 Rhode Island Highway Maintenance Account

107,492,944

25 Rhode Island Capital Plan Funds


26 Maintenance Capital Equipment Replacement

1,800,000

27 Maintenance Facilities Improvements

500,000

28 Welcome Center

200,000

29 Salt Storage Facilities

1,080,000

30 Train Station Asset Protection

395,000

31 Total - Infrastructure Maintenance

140,789,595

32 Grand Total - Transportation

859,089,110

33 Statewide Totals


34 General Revenues

5,425,140,429

1 Federal Funds 5,643,023,203


  1. Restricted Receipts 392,134,921


  2. Other Funds 2,550,551,147


  3. Statewide Grand Total 14,010,849,700


  4. SECTION 2. Each line appearing in Section 1 of this Article shall constitute an


  5. appropriation.


  6. SECTION 3. Upon the transfer of any function of a department or agency to another


  7. department or agency, the Governor is hereby authorized by means of executive order to transfer


  8. or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected


  9. thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when


  10. the duties or administrative functions of government are designated by law to be performed within


  11. a particular department or agency, no transfer of duties or functions and no re-allocation, in whole


  12. or part, or appropriations and full-time equivalent positions to any other department or agency shall


  13. be authorized.


  14. SECTION 4. From the appropriation for contingency shall be paid such sums as may be


  15. required at the discretion of the Governor to fund expenditures for which appropriations may not


  16. exist. Such contingency funds may also be used for expenditures in the several departments and


  17. agencies where appropriations are insufficient, or where such requirements are due to unforeseen


  18. conditions or are non-recurring items of an unusual nature. Said appropriations may also be used


  19. for the payment of bills incurred due to emergencies or to any offense against public peace and


  20. property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as


  21. amended. All expenditures and transfers from this account shall be approved by the Governor.


  22. SECTION 5. The general assembly authorizes the state controller to establish the internal


  23. service accounts shown below, and no other, to finance and account for the operations of state


  24. agencies that provide services to other agencies, institutions and other governmental units on a cost


  25. reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in


  26. a businesslike manner, promote efficient use of services by making agencies pay the full costs


  27. associated with providing the services, and allocate the costs of central administrative services


  28. across all fund types, so that federal and other non-general fund programs share in the costs of


  29. general government support. The controller is authorized to reimburse these accounts for the cost


  30. of work or services performed for any other department or agency subject to the following


  31. expenditure limitations:


  32. Account Expenditure Limit


  33. State Assessed Fringe Benefit Internal Service Fund 37,390,672

  1. Administration Central Utilities Internal Service Fund 39,364,206


  2. State Central Mail Internal Service Fund 8,076,555


  3. State Telecommunications Internal Service Fund 3,659,422


  4. State Automotive Fleet Internal Service Fund 13,069,648


  5. Surplus Property Internal Service Fund 44,789


  6. Health Insurance Internal Service Fund 272,732,438


  7. Other Post-Employment Benefits Fund 63,858,483


  8. Capitol Police Internal Service Fund 1,411,825


  9. Corrections Central Distribution Center Internal Service Fund 7,534,562


  10. Correctional Industries Internal Service Fund 8,339,394


  11. Secretary of State Record Center Internal Service Fund 1,175,426


  12. Human Resources Internal Service Fund 17,117,623


  13. DCAMM Facilities Internal Service Fund 61,150,543


  14. Information Technology Internal Service Fund 56,136,183


  15. SECTION 6. Legislative Intent - The General Assembly may provide a written "statement


  16. of legislative intent" signed by the chairperson of the House Finance Committee and by the


  17. chairperson of the Senate Finance Committee to show the intended purpose of the appropriations


  18. contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the


  19. House Finance Committee and in the Senate Finance Committee.


  20. At least twenty (20) days prior to the issuance of a grant or the release of funds, which


  21. grant or funds are listed on the legislative letter of intent, all department, agency and corporation


  22. directors, shall notify in writing the chairperson of the House Finance Committee and the


  23. chairperson of the Senate Finance Committee of the approximate date when the funds are to be


  24. released or granted.


  25. SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby


  26. appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds


  27. required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund


  28. and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2024.


  29. SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated


  30. pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed


  31. for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2024.


  32. SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to


  33. the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of


  34. paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2024.

    1. SECTION 10. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated


    2. to the Office of the General Treasurer designated funds received under the CollegeBoundSaver


    3. program for transfer to the Division of Higher Education Assistance within the Office of the


    4. Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,


    5. 2024.


    6. SECTION 11. Departments and agencies listed below may not exceed the number of full-


    7. time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do


    8. not include limited period positions or, seasonal or intermittent positions whose scheduled period


    9. of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not


    10. exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor


    11. do they include individuals engaged in training, the completion of which is a prerequisite of


    12. employment. Provided, however, that the Governor or designee, Speaker of the House of


    13. Representatives or designee, and the President of the Senate or designee may authorize an


    14. adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a


    15. detailed written recommendation to the Governor, the Speaker of the House, and the President of


    16. the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the


    17. chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,


    18. and the Senate Fiscal Advisor.


    19. State employees whose funding is from non-state general revenue funds that are time


    20. limited shall receive limited term appointment with the term limited to the availability of non-state


    21. general revenue funding source.


    22. FY 2024 FTE POSITION AUTHORIZATION


    23. Departments and Agencies Full-Time Equivalent


    24. Administration 674.7

    25. Provided that no more than 419.1 of the total authorization would be limited to positions

    26. that support internal service fund programs.


27 Business Regulation

181.0

28 Executive Office of Commerce

5.0

29 Housing

38.0

30 Labor and Training

461.7

31 Revenue

575.5

32 Legislature

298.5

33 Office of the Lieutenant Governor

8.0

34 Office of the Secretary of State

61.0


1 Office of the General Treasurer

91.0

2 Board of Elections

13.0

3 Rhode Island Ethics Commission

12.0

4 Office of the Governor

45.0

5 Commission for Human Rights

15.0

6 Public Utilities Commission

54.0

7 Office of Health and Human Services

218.0

8 Children, Youth and Families

705.5

9 Health

574.4

10 Human Services

770.0

11 Office of Veterans Services

267.0

12 Office of Healthy Aging

33.0

13 Behavioral Healthcare, Developmental Disabilities and Hospitals

1,202.4

14 Office of the Child Advocate

10.0

15 Commission on the Deaf and Hard of Hearing

4.0

16 Governor’s Commission on Disabilities

5.0

17 Office of the Mental Health Advocate

6.0

18 Elementary and Secondary Education

150.1

19 School for the Deaf

61.0

20 Davies Career and Technical School

123.0

21 Office of Postsecondary Commissioner

45.0


  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

    1. supported by third-party funds.


    2. Rhode Island State Council on the Arts 10.0


    3. RI Atomic Energy Commission 8.6

    4. Historical Preservation and Heritage Commission 15.6

    5. Office of the Attorney General 264.1

    6. Corrections 1,460.0

    7. Judicial 743.3

    8. Military Staff 93.0

    9. Emergency Management Agency 37.0

    10. Public Safety 632.2

    11. Office of the Public Defender 104.0

    12. Environmental Management 425.0

    13. Coastal Resources Management Council 32.0

    14. Transportation 755.0

    15. Total 15,636.9

    16. No agency or department may employ contracted employee services where contract

    17. employees would work under state employee supervisors without determination of need by the

    18. Director of Administration acting upon positive recommendations by the Budget Officer and the

    19. Personnel Administrator and 15 days after a public hearing.

    20. Nor may any agency or department contract for services replacing work done by state

    21. employees at that time without determination of need by the Director of Administration acting upon

    22. the positive recommendations of the State Budget Officer and the Personnel Administrator and 30

    23. days after a public hearing.

    24. SECTION 12. The amounts reflected in this Article include the appropriation of Rhode

    25. Island Capital Plan funds for fiscal year 2024 and supersede appropriations provided for FY 2024

    26. within Section 12 of Article 1 of Chapter 231 of the P.L. of 2022.

    27. The following amounts are hereby appropriated out of any money in the State’s Rhode

    28. Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending

29 June 30, 2025, June 30, 2026, June 30, 2027, and June 30, 2028. These amounts supersede

  1. appropriations provided within Section 12 of Article 1 of Chapter 231 of the P.L. of 2022.

  2. For the purposes and functions hereinafter mentioned, the State Controller is hereby

  3. authorized and directed to draw his or her orders upon the General Treasurer for the payment of

  4. such sums and such portions thereof as may be required by him or her upon receipt of properly

  5. authenticated vouchers.


1

FY Ending

FY Ending

FY Ending

FY Ending

2

Project 06/30/2025

06/30/2026

06/30/2027

06/30/2028

3

DOA - 560 Jefferson Boulevard 1,100,000

50,000

50,000

50,000

4

DOA - Accessibility Facility Renovations 1,000,000

1,000,000

1,000,000

1,022,200

5

DOA - Civic Center 2,100,000

2,300,000

2,300,000

1,850,000

6

DOA - Cranston Street Armory 3,250,000

1,600,000

100,000

100,000

7

DOA - DoIT Enterprise Operations Center 3,050,000

1,050,000

50,000

50,000

8

DOA - Hospital Reorganization 25,000,000

0

0

0

9

DOA - Pastore Building Demolition 2,150,000

1,000,000

1,000,000

1,000,000

10

DOA - Pastore Center Hospital Buildings 4,500,000

4,500,000

2,500,000

500,000


11 DOA - Pastore Center Non-Hospital Buildings 5,000,000


4,500,000


4,500,000


4,600,000

12 DOA - Pastore Campus Infrastructure 25,000,000

25,000,000

25,000,000

15,000,000

13 DOA - RI Convention Center Authority 3,340,000

2,500,000

2,500,000

2,500,000

14 DOA - Shepard Building Upgrades 250,000

0

0

0

15 DOA - State House Renovations 18,529,000

17,379,000

17,379,000

16,000,000

16 DOA - William Powers Building 2,400,000

2,200,000

2,000,000

2,040,000

17 DOA - Zambarano Buildings and Campus 4,740,000

2,850,000

250,000

1,800,000

18 DOA – Zambarano LTAC Hospital 26,185,740

26,065,740

23,804,439

24,427,656

19 DBR - Fire Academy Expansion 2,616,000

0

0

0

20 EOC - I-195 Redevelopment Commission 700,000

700,000

700,000

700,000

21 DCYF - Residential Treatment Facility 15,000,000

15,000,000

0

0

22 ELSEC - Davies Career and Technical




23 School Wing Renovation 30,000,000

2,500,000

0

0

24 ELSEC - MET School Asset Protection 2,000,000

250,000

250,000

255,000

25 URI - Asset Protection 14,006,225

14,606,536

15,236,863

15,528,074

26 URI - Athletics Complex 26,270,000

13,300,000

0

0

27 URI - Fine Arts Center Renovation 8,000,000

0

0

0

28 URI - Fire Protection Academic Buildings 3,311,666

0

0

0

29 URI - Bay Campus 6,000,000

12,500,000

12,500,000

0


30 URI – Mechanical, Electric, & Plumbing Improv. 13,205,467


31 RIC - Asset Protection


5,785,000


5,950,000


6,025,000


6,157,000

32 RIC - Infrastructure Modernization

5,675,000

5,675,000

5,675,000

5,925,000

33 RIC - Clarke Science

5,000,000

0

0

0

34 CCRI - Asset Protection

2,719,452

2,719,452

2,719,452

2,780,000


1

CCRI - Data, Cabling, & Power Infrastructure 3,700,000 4,650,000

1,300,000

0

2

CCRI - Flanagan Campus Renovations 5,000,000 2,800,000

0

0

3

CCRI - Renovation and Modernization 14,000,000 12,000,000

0

0

4

DOC - Asset Protection 4,100,000 4,100,000

4,100,000

4,100,000

5

Military Staff - Aviation Readiness Center 1,125,800 1,599,115

0

0

6

Military Staff - Quonset Airport



7

Runway Reconstruction 732,176 0

0

0

8

DPS - Asset Protection 1,271,000 600,000

730,000

511,000

9

DPS - Southern Barracks 10,162,390 0

0

0

10

DPS - Training Academy Upgrades 1,920,000 715,000

150,000

150,000

11

DPS - RISCON Microwave Tower Replacement 249,754 249,754

0

0

12

DEM - Dam Repair 3,565,000 2,515,000

1,165,000

1,015,000

13

DEM - Marine Infrastructure & Pier Development650,000 0

0

0

14

DEM - Port of Galilee 11,500,000 16,500,000

14,113,820

2,800,000

15

DEM - Natural Resources Offices and



16

Visitor's Center 2,500,000 2,000,000

0

0

17

DEM - Recreational Facilities Improvement 5,729,077 2,900,000

3,338,551

3,260,000

18

CRMC - Confined Aquatic Dredged



19

Material Disposal Cells 20,600,000 0

0

0

20

DOT - Highway Improvement Program 121,102,060 27,200,000

27,200,000

27,200,000

21

DOT - Maintenance Capital Equipment



22

Replacement 1,800,000 1,800,000

1,800,000

1,800,000

23

DOT - Salt Storage Facilities 1,150,000 1,150,000

1,150,000

1,500,000

24

DOT - RIPTA Land & Building Enhancements11,214,401 4,561,885

500,000

500,000

25

DOT - RIPTA Pawtucket Bus Hub Passenger Facility 3,500,000 0

0

0


  1. SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.


  2. Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project


  3. appropriations shall be reappropriated in the ensuing fiscal year and made available for the same


  4. purpose. However, any such reappropriations are subject to final approval by the General Assembly


  5. as part of the supplemental appropriations act. Any unexpended funds of less than five hundred


  6. dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.


  7. SECTION 14. For the Fiscal Year ending June 30, 2024, the Rhode Island Housing and


  8. Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support


  9. of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the

  1. amount of funding provided to this program, as well as information on the number of units of


  2. housing provided as a result to the Director of Administration, the Chair of the Housing Resources


  3. Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance


  4. Committee and the State Budget Officer.


  5. SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of


  6. Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year


  7. ending June 30, 2024, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of


  8. the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax


  9. revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode


  10. Island General Laws), for the purposes of paying debt service on bonds, funding debt service


  11. reserves, paying costs of infrastructure improvements in and around the ballpark district, arts


  12. district, and the growth center district, funding future debt service on bonds, and funding a


  13. redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island


  14. General Laws.


  15. SECTION 16. The appropriations from federal funds contained in Section 1 shall not be


  16. construed to mean any federal funds or assistance appropriated, authorized, allocated or


  17. apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects


  18. Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2024


  19. except for those instances specifically designated. Projected out-year expenditures for State Fiscal


  20. Recovery Fund and Capital Projects Fund projects have been consolidated into appropriations for


  21. the fiscal year ending June 30, 2024 to ensure the timely obligation of these funds to comply with


  22. rules promulgated by the U.S. Department of the Treasury.


  23. The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be


  24. made in support of the following projects:


  25. Federal Funds - State Fiscal Recovery Fund


  26. Department of Administration (DOA)


  27. DOA - Electric Heat Pump Grant Program. These funds shall support a grant program


  28. within the office of energy resources to assist homeowners and small-to-mid-size business owners


  29. with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on


  30. families in environmental justice communities, minority-owned businesses, and community


  31. organizations who otherwise cannot afford this technology. The office of energy resources shall


  32. report to the Speaker of the House and Senate President no later than April 1 of each year the results


  33. of this program, including but not limited to, the number of grants issued, amount of each grant and


  34. the average grant amount, and the expected cumulative carbon emissions reductions associated

  1. with heat pumps that received a grant.


  2. DOA - Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-


  3. 19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,


  4. to be administered by the director of administration, in consultation with the director of health and


  5. the secretary of health and human services.


  6. DOA - Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic


  7. Recovery Office established within the Department of Administration.


  8. DOA - Public Health Response Warehouse Support. These funds shall be allocated to the


  9. proper of PPE and other necessary COVID-19 response related supplies.


  10. DOA - Auto-Enrollment Program. These funds shall support a program for automatically


  11. enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19


  12. public health emergency into qualified health plans to avoid gaps in coverage, administered by


  13. HealthSource RI.


  14. DOA - Municipal Public Safety Infrastructure. These funds shall be used to provide


  15. matching support to cities and towns to make significant public safety facilities infrastructure


  16. improvements including new construction. Funding priority shall be based on project readiness and


  17. limited to those for which the total costs exceed $1.0 million. Matching funds to any municipality


  18. will be limited to $5.0 million for projects that serve a regional purpose and $1.0 million for others.


  19. Department of Labor and Training (DLT)


  20. DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program


  21. in the development of job partnerships, connecting industry employers adversely impacted by the


  22. pandemic to individuals enrolled in workforce training programs.


  23. Executive Office of Commerce (EOC)


  24. EOC - Destination Marketing. These funds shall be used for destination tourism marketing


  25. in support of airline routes to Rhode Island T.F. Green International Airport. The Commerce


  26. Corporation is required to supply equivalent matching funds out of its portion of the state hotel tax.


  27. EOC - Minority Business Accelerator. These funds shall support a program to invest


  28. additional resources to enhance the growth of minority business enterprises as defined in chapter


  29. 14.1 of title 37. The initiative will support a range of assistance and programming, including


  30. financial and technical assistance, entrepreneurship training, space for programming and co-


  31. working, and assistance accessing low-interest loans. Commerce shall work with minority small


  32. business associations, including the Rhode Island Black Business Association (RIBBA), to advance


  33. this program.


  34. EOC - South Quay Marine Terminal. These funds shall support the development of an

    1. integrated and centralized hub of intermodal shipping designed to support the offshore wind


    2. industry along memorial parkway in the East Providence waterfront special development district.


    3. Funds may be used for design and development of the waterfront portion of the terminal into a


    4. marine-industrial facility. These funds shall only be allocated and spent if sufficient matching


    5. funds for completion of the project are committed by February 1, 2024.


    6. EOC - Bioscience Investments. These funds shall support a program to invest in the


    7. biosciences industry in Rhode Island in conjunction with the creation of the Rhode Island Life


    8. Science Hub. This program will include, but is not limited to, the development of one or more wet


    9. lab incubator spaces in collaboration with industry partners; the creation of a fund that will support


    10. wrap-around services to aid in the commercialization of technology and business development,


    11. growth of the biosciences talent pipeline, and support for staff to implement the bioscience


    12. investments initiative.


    13. EOC - Small Business Assistance. These funds shall be allocated to a program of financial


    14. and technical assistance to small businesses and COVID-impacted industries as follows: twelve


    15. million five hundred thousand dollars ($12,500,000) shall be provided as direct payments to


    16. businesses for lost revenue, eighteen million dollars ($18,000,000) shall support technical


    17. assistance for long-term business capacity building, public health upgrades, energy efficiency


    18. improvements, and outdoor programming, and one million five hundred thousand dollars


    19. ($1,500,000) shall be allocated to support administration of these programs. To be eligible to


    20. receive funds or support under this program a business must have less than two million dollars


    21. ($2,000,000) in annual gross revenues and demonstrate a negative impact from the COVID-19


    22. pandemic as determined by the Rhode Island Commerce Corporation. Under this program, total


    23. support in the form of direct payments, or technical assistance grants shall not exceed ten thousand


    24. dollars ($10,000) per eligible business through either program. Total support in the form of direct


    25. payments, technical assistance, and grants for public health upgrades, energy efficiency and


    26. outdoor programming shall not exceed thirty thousand dollars ($30,000) in the aggregate. Provided


    27. further that at least twenty percent (20%) of all funds must be reserved for awards to assist minority


    28. business enterprises as defined in chapter 14.1 of title 37.


    29. Department of Housing


    30. Housing - Development of Affordable Housing. These funds shall expand a program at the


    31. Rhode Island housing and mortgage finance corporation to provide additional investments in the


    32. development of affordable housing units in conjunction with general obligation bond funds and


    33. other sources of available financing according to guidelines approved by the Coordinating


    34. Committee of the Housing Resources Commission. Of this amount, ten million dollars

  1. ($10,000,000) shall be available to Rhode Island housing and mortgage finance corporation to


  2. establish a pilot program, which may include the establishment of a revolving fund, that shall direct


  3. funds to support low income public housing through project-based rental assistance vouchers and


  4. financing for pre-development, improvement, and housing production costs. Within eighteen (18)


  5. months, any money available for the pilot that is not yet allocated to viable projects, or which has


  6. been awarded to public housing authorities which are unable to demonstrate substantial completion


  7. of all work within eighteen (18) months of receipt of any such funds, shall be returned to this


  8. program and no longer be included in the pilot. Determination of viability and substantial


  9. completion under the pilot shall be at the sole discretion of the secretary of housing.


  10. Housing - Targeted Housing Development. These funds shall create a program at the


  11. department of housing to develop housing in targeted areas and/or priority projects. Of this overall


  12. program, twenty-seven million dollars ($27,000,000) shall be allocated into a priority project fund


  13. that advances the following categories: permanent supportive housing, housing dedicated to


  14. vulnerable populations, individuals transitioning out of state care, and extremely low-income


  15. Rhode Islanders. Of this overall program, four million dollars ($4,000,000) shall be allocated to


  16. support the development of transit-oriented housing as approved by the secretary of housing.


  17. Housing - Site Acquisition. These funds shall be allocated to the Rhode Island housing and


  18. mortgage finance corporation toward the acquisition of properties for redevelopment as affordable


  19. and supportive housing to finance projects that include requirements for deed restrictions not less


  20. than thirty (30) years, and a non-recourse structure.


  21. Housing - Down Payment Assistance. Administered by the Rhode Island housing and


  22. mortgage finance corporation, these funds shall be allocated to a program to provide up to $20,000


  23. in down payment assistance to eligible first-time home buyers to promote homeownership.


  24. Housing - Workforce Housing. These funds shall be allocated to the Rhode Island housing


  25. and mortgage finance corporation to support a program to increase the housing supply for families


  26. earning up to 120 percent of area median income.


  27. Housing - Affordable Housing Predevelopment Program. These funds shall be allocated to


  28. the Rhode Island housing mortgage finance corporation to support predevelopment work, for


  29. proposed affordable housing developments to build a pipeline of new projects and build the


  30. capacity of affordable housing developers in the state to expand affordable housing production.


  31. Housing - Home Repair and Community Revitalization. These funds shall expand the


  32. acquisition and revitalization program administered by the Rhode Island housing and mortgage


  33. finance corporation to finance the acquisition and redevelopment of blighted properties to increase


  34. the number of commercial and community spaces in disproportionately impacted communities and

  1. or to increase the development of affordable housing. Residential development will serve


  2. households earning no more than 80 percent of area median income. Commercial and community


  3. spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the


  4. residents are low-and moderate-income persons. Of this amount, four million five hundred


  5. thousand dollars ($4,500,000) will support critical home repairs within the same communities.


  6. Housing - Preservation of Affordable Housing Units. These funds shall support a program


  7. to preserve affordable housing units at risk of foreclosure or blight.


  8. Housing - Predevelopment and Capacity Building. These funds shall support a program to


  9. increase contract staffing capacity to administer proposed affordable housing projects. These funds


  10. will support research and data analysis, stakeholder engagement, and the expansion of services for


  11. people experiencing homelessness.


  12. Housing – Municipal Planning. Of these funds, one million three hundred thousand dollars


  13. ($1,300,000) shall support a housing development-focused municipal fellows program within the


  14. department of housing and one million dollars ($1,000,000) shall support grants for municipalities,


  15. including to study and implement zoning changes that up-zone or otherwise enable additional


  16. housing development in proximity to transit.


  17. Housing - Homelessness Assistance Program. These funds shall support a program to


  18. expand housing navigation, behavioral health, and stabilization services to address pandemic-


  19. related homelessness. The program will support both operating subsidies for extremely low-income


  20. housing units and services for people transitioning from homelessness to housing, including


  21. individuals transitioning out of the adult correctional institutions.


  22. Housing - Homelessness Infrastructure. These funds shall be used to support a program to


  23. respond to and prevent homelessness, including but not limited to, acquisition or construction of


  24. temporary or permanent shelter and other housing solutions and stabilization programs.


  25. Housing - Municipal Homelessness Support Initiative. These funds shall be used to


  26. support a program to award grants to municipalities for public safety expenses and other municipal


  27. services that support individuals and families experiencing homelessness.


  28. Housing - Proactive Housing Development. These funds shall be used to support the


  29. creation, staffing, and initial activities of a proactive development subsidiary of the Rhode Island


  30. Housing and Mortgage Finance Corporation, established pursuant to Section 42-55-5.1 of the


  31. general laws.


  32. Housing - Housing Related Infrastructure. These funds shall be allocated to the Rhode


  33. Island infrastructure bank as established in Rhode Island General Laws Chapter 46-12.2 to support


  34. physical infrastructure that is necessary to produce additional housing. All expenditures made with

  1. these funds must be for the pre-development and development of site-related infrastructure for


  2. housing that meets affordable housing pricing and/or income criteria and other criteria established


  3. by the Department of Housing.


  4. Quonset Development Corporation (QDC)


  5. QDC - Port of Davisville. These funds shall be allocated to expand a program developing


  6. port infrastructure and services at the Port of Davisville in Quonset in accordance with the


  7. corporation’s master plan.


  8. Department of Children, Youth and Families (DCYF)


  9. DCYF - Provider Workforce Stabilization. These funds shall be allocated to support


  10. workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care


  11. and supporting care staff of contracted service providers.


  12. DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to


  13. provide financial assistance to foster families for lead remediation and fire suppression upgrades.


  14. Department of Health (DOH)


  15. DOH - COVID-19 Operational Support. These funds shall be allocated to continue


  16. COVID-19 mitigation activities at the department of health and to address the public health impacts


  17. of the pandemic in Rhode Island.


  18. Department of Human Services (DHS)


  19. DHS - Child Care Support. To address the adverse impact the pandemic has had on the


  20. child care sector, the funds allocated to this program will provide retention bonuses for direct care


  21. staff at child care centers and licensed family providers in response to pandemic-related staffing


  22. shortages and start up and technical assistance grants for family child care providers. Retention


  23. bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.


  24. The director of the department of human services and the director of the department of children,


  25. youth and families may waive any fees otherwise assessed upon child care provider applicants who


  26. have been awarded the family child care provider incentive grant. The allocation to this program


  27. will also support quality improvements, the creation of a workforce registry and additional funds


  28. for educational opportunities for direct care staff.


  29. DHS - Rhode Island Community Food Bank. These funds shall be allocated to provide


  30. financial assistance for food collection and distribution through the Rhode Island Community Food


  31. Bank to assist households in need, including those that received enhanced nutrition benefits during


  32. the public health emergency.


  33. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals


  34. (BHDDH)

    1. BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-


    2. health related calls reported by police departments, these funds shall be allocated to the crisis


    3. intervention training program to provide training every three years for law enforcement as well as


    4. continuing education opportunities.


    5. BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline


    6. to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal


    7. Communications Commission-adopted rules to assure that all citizens receive a consistent level of


    8. 9-8-8 and crisis behavioral health services.


    9. Rhode Island Department of Elementary and Secondary Education (ELSEC)


    10. RIDE - Adult Education Providers. These funds shall be directly distributed through the


    11. Office of Adult Education to nonprofit adult education providers to expand access to educational


    12. programs and literary services.


    13. RIDE - Out of School Time Education Providers. These funds shall be directly distributed


    14. through the Office of Student, Community and Academic Supports to expand access to educational


    15. programs.


    16. Office of the Postsecondary Commissioner


    17. OPC - RI Reconnect. These funds shall support a program to improve postsecondary


    18. degree and credential attainment among working-age Rhode Islanders. The program will assist


    19. students in addressing barriers to education completion, particularly among communities of color


    20. and lower socio-economic strata. A portion of these funds will be used to address barriers to the


    21. attainment of teacher certification as a Second Language Education Teacher, Grades PK-12, and


    22. as an All Grades Special Education Teacher.


    23. OPC - RIC Cybersecurity Center. These funds shall support the establishment of the


    24. Institute for Cybersecurity and Emerging Technologies at Rhode Island College, which will provide


    25. certificate, baccalaureate, and master’s level courses with focuses on research and developing


    26. highly skilled cybersecurity professionals. Funding shall be appropriated through the Office of


    27. Postsecondary Commissioner.


    28. OPC - Fresh Start Scholarship. These funds shall support a program to provide


    29. scholarships to adult students with some college credits, but no degree, with a focus on students


    30. who dropped-out of the Community College of Rhode Island. This program will target students


    31. who are not meeting Satisfactory Academic Progress requirements, which makes them ineligible


    32. for federal financial assistance.


    33. University of Rhode Island


    34. URI-PFAS Water Treatment Plant. These funds shall support the implementation of a

      1. permanent water filtration solution to reduce PFAS concentrations in the University of Rhode


      2. Island’s water supply.


      3. Department of Public Safety (DPS)


      4. DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest


      5. in the nonprofit community to provide additional housing, clinical and mental health services to


      6. victims of domestic violence and sexual assault. This includes increased investments for therapy


      7. and counseling, housing assistance, job training, relocation aid and case management.


      8. Department of Transportation (DOT)


      9. DOT - Municipal Roads Grant Program. These funds shall support a program to distribute


      10. grants with a required local match for the replacement, rehabilitation, preservation, and


      11. maintenance of existing roads, sidewalks, and bridges. Provided that $5.0 million of these funds


      12. shall be distributed equally to each city and town and $15.0 million shall be distributed


      13. proportionally to cities and towns based on non-federal land miles of roads in each


      14. community. Provided further that each municipality is required to provide a 67 percent


      15. match. Any funding that is not obligated to municipal projects by June 30, 2024 may be used by


      16. RIDOT for statewide paving projects.


      17. DOT - RIPTA R-Line Free Service Pilot. These funds shall be allocated to the Rhode


      18. Island Public Transit Authority (RIPTA) to provide free fare bus route service along the “R-Line”


      19. for a twelve (12) month period beginning September 1, 2022. RIPTA will track ridership data and


      20. submit a report to the Speaker of the House, the President of the Senate, and the Governor o later


      21. than March 1, 2024.


      22. DOT - Turnpike and Bridge Authority – Safety Barriers Study. These funds shall be used


      23. by the Turnpike and Bridge Authority to conduct a study to identify and evaluate the options to


      24. prevent and address the risk of suicide on bridges under its purview.


      25. Federal Funds - Capital Projects Fund


      26. Department of Administration (DOA)


      27. DOA - CPF Administration. These funds shall be allocated to the department of


      28. administration to oversee the implementation of the Capital Projects Fund award from the


      29. American Rescue Plan Act.


      30. DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated


      31. to a matching fund program for cities and towns that renovate or build a community wellness center


      32. that meets the work, education and health monitoring requirements identified by the U.S.


      33. Department of the Treasury.


      34. Executive Office of Commerce (EOC)

  1. EOC - Broadband. These funds shall be allocated to the executive office of commerce to


  2. invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The


  3. secretary of commerce, in partnership with the director of business regulation, will run a series of


  4. requests for proposals for broadband infrastructure projects, providing funds to municipalities,


  5. public housing authorities, business cooperatives and local internet service providers for projects


  6. targeted at those unserved and underserved by the current infrastructure as defined by national


  7. telecommunications and information administration standards. This investment shall be used to


  8. augment or provide a match for federal funds for broadband investment made available through the


  9. Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide


  10. broadband strategic plan and may not be obligated nor expended prior to its submission in


  11. accordance with the requirements of the Rhode Island Broadband Development Program set forth


  12. in Chapter 42-162.


  13. SECTION 17. Reappropriation of Funding for State Fiscal Recovery Fund and Capital


  14. Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered


  15. federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be


  16. reappropriated in the ensuing fiscal year and made available for the same purposes. However, any


  17. such reappropriations are subject to final approval by the General Assembly as part of the


  18. supplemental appropriations act.


  19. SECTION 18. The pandemic recovery office shall monitor the progress and performance


  20. of all programs financed by the State Fiscal Recovery Fund and the Capital Projects Fund. On or


  21. before October 31, 2023, and quarterly thereafter, the office shall provide a report to the speaker of


  22. the house and senate president, with copies to the chairpersons of the house and senate finance


  23. committees, identifying programs that are at risk of significant underspending or noncompliance


  24. with federal or state requirements. The report, at a minimum must include an assessment of how


  25. programs that are at risk can be remedied.


  26. SECTION 19. Notwithstanding any general laws to the contrary, the State Controller shall


  27. transfer $55,000,000 to the Supplemental State Budget Reserve Account by July 14, 2023.


  28. SECTION 20. Notwithstanding any general laws to the contrary, the State Controller shall


  29. transfer $114,998,958 from the Information Technology Restricted Receipt Account to the Large


  30. Systems Initiatives Fund by July 14, 2023. Appropriations herein to the Large Systems Initiatives


  31. Fund (LSIF) shall be made in support of the following projects:


  32. Enterprise Resource Planning. For the project already in progress, at an estimated project


  33. cost of $68,700,000, of which no more than $50,000,000 shall be supported by the LSIF, these


  34. funds support the implementation and roll-out of a new enterprise resource planning software

  1. system.


  2. Comprehensive Child Welfare Information System. For the project already in progress, at


  3. an estimated project cost of $54,700,000, of which no more than $24,650,000 shall be supported


  4. by the LSIF, these funds support the replacement of the existing case management system with a


  5. new comprehensive child welfare information system.


  6. DEM Legacy Modernization. For the project already in progress, at an estimated project


  7. cost of $5,800,000, these funds support the modernization of the permit application and license


  8. tracking and processing systems.


  9. Wi-Fi and Tech at the ACI. For the project already in progress, at an estimated project cost


  10. of $3,300,000, these funds support upgrades to the networking infrastructure at the department of


  11. corrections.


  12. RIBridges Mobile Access and Child Care Tracking. For the project already in progress, at


  13. an estimated project cost of $6,700,000, these funds support an expansion of the existing mobile


  14. application.


  15. Gateway to Government. For the project already in progress, at an estimated project cost


  16. of $7,500,000, these funds support the transition of licensing processes toward a paperless platform


  17. housing digital identities and credentialing information.


  18. DLT Mainframe Legacy Modernization. For the project already in progress, at an estimated


  19. project cost of $19,400,000, these funds support the modernization of obsolete hardware and


  20. applications at the department of labor and training.


  21. Electronic Medical Records System. For the project already in progress, at an estimated


  22. project cost of $22,400,000, these funds support implementation of a comprehensive system to


  23. track clinical, administrative and financial needs of these hospitals.


  24. SECTION 21. With respect to the project and the funds allocated to the DCYF –


  25. Residential Treatment Facility, the provisions of Chapter 45-22.2 and Chapter 45-24 of the General


  26. Laws shall not apply.


  27. SECTION 22. This article shall take effect as of July 1, 2023, except as otherwise provided


  28. herein.


    1. ARTICLE 2

      =======

      art.002/5/002/4/002/3/002/2/002/1

      =======


    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).

      1. (2) For each additional calendar year search, if applied for at the same time or within three


      2. (3) months of the original request and if proof of payment for the basic search is submitted, the fee


      3. is two dollars ($2.00).


      4. (d) Fees collected under this section by the local registrar shall be deposited in the city or


      5. town treasury according to the procedures established by the city or town treasurer except that six


      6. dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the


      7. general fund of this state.


      8. (e) To acquire, maintain, and operate an electronic statewide registration system (ESRS),


      9. the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified


      10. records request, no more than three dollars ($3.00) for each duplicate certified record, and no more


      11. than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record


      12. requested for a local registrar. Notwithstanding the provisions of subsection (d), any such


      13. surcharges collected by the local registrar shall be submitted to the state registrar. Any funds


      14. collected from the surcharges listed above shall be deposited into the information technology


      15. investment fund (ITIF) information technology restricted receipt account (ITRR account)


      16. established pursuant to § 42-11-2.5(a).


      17. SECTION 2. Chapter 35-3-20 of the General Laws entitled "State Budget" is hereby


      18. amended by adding thereto the following section:


      19. 35-3-20.2. Supplemental state budget reserve account.


      20. (a) There is hereby created within the general fund a supplemental state budget reserve


      21. account, which shall be administered by the state controller and which shall be used solely for the


      22. purpose of providing such sums as may be appropriated to fund any unanticipated general revenue


      23. deficit caused by a general revenue shortfall.


      24. (b) At any time after the third quarter of a fiscal year that it is indicated that total resources


      25. which are defined to be the aggregate of estimated general revenue, general revenue receivables,


      26. and available free surplus in the general fund will be less than the estimates upon which current


      27. appropriations were based, the general assembly may make appropriations from the supplemental


      28. state budget reserve account for the difference between the estimated total resources and the


      29. original estimates upon which enacted appropriations were based, but only in the amount of the


      30. difference based upon the revenues projected at the latest state revenue estimating conference


      31. pursuant to chapter 16 of this title as reported by the chairperson of that conference.


      32. (c) Whenever a transfer has been made pursuant to subsection (b), that transfer shall be


      33. considered as estimated general revenues for the purposes of determining the amount to be


      34. transferred to the Rhode Island Capital Plan fund for the purposes of § 35-3-20.1(b).

        1. (d) The supplemental state budget reserve account shall consist of: (1) Such sums as the


        2. state may from time to time directly transfer to the account as authorized in law; and (2) Any


        3. amounts transferred pursuant to § 35-6-1(e).


        4. SECTION 3. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”


        5. is hereby amended to read as follows:


        6. 35-4-27. Indirect cost recoveries on restricted receipt accounts.


        7. Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all


        8. restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there


        9. shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions


        10. from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on


        11. federal grant funds; or (3) Through transfers from state agencies to the department of administration


        12. for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,


        13. unless prohibited by federal law or regulation, court order, or court settlement. The following


        14. restricted receipt accounts shall not be subject to the provisions of this section:


        15. Executive Office of Health and Human Services


        16. Organ Transplant Fund


        17. HIV Care Grant Drug Rebates


        18. Health System Transformation Project


        19. Rhode Island Statewide Opioid Abatement Account


        20. HCBS Support-ARPA


        21. HCBS Admin Support-ARPA


        22. Department of Human Services


        23. Veterans’ home — Restricted account


        24. Veterans’ home — Resident benefits


        25. Pharmaceutical Rebates Account


        26. Demand Side Management Grants


        27. Veteran’s Cemetery Memorial Fund


        28. Donations — New Veterans’ Home Construction


        29. Department of Health


        30. Pandemic medications and equipment account


        31. Miscellaneous Donations/Grants from Non-Profits


        32. State Loan Repayment Match


        33. Healthcare Information Technology


        34. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

  1. Eleanor Slater non-Medicaid third-party payor account


  2. Hospital Medicare Part D Receipts


  3. RICLAS Group Home Operations


  4. Commission on the Deaf and Hard of Hearing


  5. Emergency and public communication access account


  6. Department of Environmental Management


  7. National heritage revolving fund


  8. Environmental response fund II


  9. Underground storage tanks registration fees


  10. De Coppet Estate Fund


  11. Rhode Island Historical Preservation and Heritage Commission


  12. Historic preservation revolving loan fund


  13. Historic Preservation loan fund — Interest revenue


  14. Department of Public Safety


  15. E-911 Uniform Emergency Telephone System


  16. Forfeited property — Retained


  17. Forfeitures — Federal


  18. Forfeited property — Gambling


  19. Donation — Polygraph and Law Enforcement Training


  20. Rhode Island State Firefighter’s League Training Account


  21. Fire Academy Training Fees Account


  22. Attorney General


  23. Forfeiture of property


  24. Federal forfeitures


  25. Attorney General multi-state account


  26. Forfeited property — Gambling


  27. Department of Administration


  28. OER Reconciliation Funding


  29. Health Insurance Market Integrity Fund


  30. RI Health Benefits Exchange


  31. Information Technology Investment Fund restricted receipt account


  32. Restore and replacement — Insurance coverage


  33. Convention Center Authority rental payments


  34. Investment Receipts — TANS

  1. OPEB System Restricted Receipt Account


  2. Car Rental Tax/Surcharge-Warwick Share


  3. Grants Management Administration


  4. RGGI-Executive Climate Change Coordinating Council Projects


  5. Executive Office of Commerce


  6. Housing Resources Commission Restricted Account


  7. Housing Production Fund


  8. Department of Revenue


  9. DMV Modernization Project


  10. Jobs Tax Credit Redemption Fund


  11. Legislature


  12. Audit of federal assisted programs


  13. Department of Children, Youth and Families


  14. Children’s Trust Accounts — SSI


  15. Military Staff


  16. RI Military Family Relief Fund


  17. RI National Guard Counterdrug Program


  18. Treasury


  19. Admin. Expenses — State Retirement System


  20. Retirement — Treasury Investment Options


  21. Defined Contribution — Administration - RR


  22. Violent Crimes Compensation — Refunds


  23. Treasury Research Fellowship


  24. Business Regulation


  25. Banking Division Reimbursement Account


  26. Office of the Health Insurance Commissioner Reimbursement Account


  27. Securities Division Reimbursement Account


  28. Commercial Licensing and Racing and Athletics Division Reimbursement Account


  29. Insurance Division Reimbursement Account


  30. Historic Preservation Tax Credit Account


  31. Marijuana Trust Fund


  32. Social Equity Assistance Fund


  33. Judiciary


  34. Arbitration Fund Restricted Receipt Account

  1. Third-Party Grants


  2. RI Judiciary Technology Surcharge Account


  3. Department of Elementary and Secondary Education


  4. Statewide Student Transportation Services Account


  5. School for the Deaf Fee-for-Service Account


  6. School for the Deaf — School Breakfast and Lunch Program


  7. Davies Career and Technical School Local Education Aid Account


  8. Davies — National School Breakfast & Lunch Program


  9. School Construction Services


  10. Office of the Postsecondary Commissioner


  11. Higher Education and Industry Center


  12. IGT STEM Scholarships


  13. Department of Labor and Training


  14. Job Development Fund


  15. Rhode Island Council on the Arts


  16. Governors’ Portrait Donation Fund


  17. Statewide records management system account


  18. SECTION 4. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and


  19. Control" is hereby amended to read as follows:


  20. 35-6-1. Controller — Duties in general.


  21. (a) Within the department of administration there shall be a controller who shall be


  22. appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be


  23. responsible for accounting and expenditure control and shall be required to:


  24. (1) Administer a comprehensive accounting and recording system that will classify the


  25. transactions of the state departments and agencies in accordance with the budget plan;


  26. (2) Maintain control accounts for all supplies, materials, and equipment for all departments


  27. and agencies except as otherwise provided by law;


  28. (3) Prescribe a financial, accounting, and cost accounting system for state departments and


  29. agencies;


  30. (4) Identify federal grant-funding opportunities to support the governor’s and general


  31. assembly’s major policy initiatives and provide technical assistance with the application process


  32. and post-award grants management;


  33. (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for


  34. the application of federal grants;

    1. (6) Pre-audit all state receipts and expenditures;


    2. (7) Prepare financial statements required by the several departments and agencies, by the


    3. governor, or by the general assembly;


    4. (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all


    5. expenditures under authority of the legislative department and the judicial department by the state


    6. controller shall be purely ministerial, concerned only with the legality of the expenditure and


    7. availability of the funds, and in no event shall the state controller interpose his or her judgment


    8. regarding the wisdom or expediency of any item or items of expenditure;


    9. (9) Prepare and timely file, on behalf of the state, any and all reports required by the United


    10. States, including, but not limited to, the Internal Revenue Service, or required by any department


    11. or agency of the state, with respect to the state payroll; and


    12. (10) Prepare a preliminary closing statement for each fiscal year. The controller shall


    13. forward the statement to the chairpersons of the house finance committee and the senate finance


    14. committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by


15 September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment


  1. of the appropriations act, whichever is later. The report shall include but is not limited to:


  2. (i) A report of all revenues received by the state in the completed fiscal year, together with


  3. the estimates adopted for that year as contained in the final enacted budget, and together with all


  4. deviations between estimated revenues and actual collections. The report shall also include cash


  5. collections and accrual adjustments;


  6. (ii) A comparison of actual expenditures with each of the actual appropriations, including


  7. supplemental appropriations and other adjustments provided for in the Rhode Island general laws;


  8. (iii) A statement of the opening and closing surplus in the general revenue account; and


  9. (iv) A statement of the opening surplus, activity, and closing surplus in the state budget


  10. reserve and cash stabilization account and the state bond capital fund.


  11. (b) The controller shall provide supporting information on revenues, expenditures, capital


  12. projects, and debt service upon request of the house finance committee chairperson, senate finance


  13. committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.


  14. (c) Upon issuance of the audited annual financial statement, the controller shall provide a


  15. report of the differences between the preliminary financial report and the final report as contained


  16. in the audited annual financial statement.


  17. (d) The controller shall create a special fund not part of the general fund and shall deposit


  18. amounts equivalent to all deferred contributions under this act into that fund. Any amounts


  19. remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall

  1. transfer such amounts into the retirement system as appropriate.


  2. (e) Upon issuance of the audited financial statement, the controller shall transfer fifty


  3. percent (50%) of all general revenues received in the completed fiscal year net of transfer to the


  4. state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those


  5. estimates adopted for that year as contained in the final enacted budget to the employees' retirement


  6. system of the State of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to the


  7. Supplemental State Budget Reserve Account as defined in § 35-3-20.2.


  8. (e)(f) The controller shall implement a direct deposit payroll system for state employees.


  9. (1) There shall be no service charge of any type paid by the state employee at any time


  10. which shall decrease the net amount of the employee’s salary deposited to the financial institution


  11. of the personal choice of the employee as a result of the use of direct deposit.


  12. (2) Employees hired after September 30, 2014, shall participate in the direct deposit


  13. system. At the time the employee is hired, the employee shall identify a financial institution that


  14. will serve as a personal depository agent for the employee.


  15. (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is


  16. not a participant in the direct deposit system, shall identify a financial institution that will serve as


  17. a personal depository agent for the employee.


  18. (4) The controller shall promulgate rules and regulations as necessary for implementation


  19. and administration of the direct deposit system, which shall include limited exceptions to required


  20. participation.


  21. SECTION 5. Section 37-2-12 of the General Laws in Chapter 37-2 entitled “State


  22. Purchases Act” is hereby amended to read as follows:


  23. 37-2-12. Centralization of the procurement authority.


  24. (a) All rights, powers, duties, and authority relating to the procurement of supplies,


  25. services, and construction, and the management, control, warehousing, sale, and disposal of


  26. supplies, services, and construction now vested in or exercised by any state agency under the


  27. several statutes relating thereto are hereby transferred to the chief purchasing officer as provided


  28. in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the


  29. centralized purchasing of the state but the public agency, through its existing internal purchasing


  30. function, shall adhere to the general principles, policies and practices set forth in this chapter.


  31. (b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and


  32. collect from state contractors, listed on master-price agreements, a statewide contract


  33. administrative fee not to exceed one percent (1%) of the total value of the annual spend against a


  34. contract awarded to a state contractor. All statewide contract administrative fees collected pursuant

  1. to this subsection shall be deposited into a restricted-receipt account within the general fund


  2. designated as the “division of purchases administrative-fee account” and shall be used for the


  3. purposes of implementing technology for the submission and processing of bids, online vendor


  4. registration, bid notification, and other costs related to state procurement. On or before January 15,


  5. 2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall


  6. file a report with the governor, the speaker of the house, and the president of the senate detailing:


  7. (i) The total amount of funds collected and deposited into the division of purchases


  8. administrative-fee account for the most recently completed fiscal year;


  9. (ii) The account balance as of the date of the report;


  10. (iii) An itemization of all expenditures and other uses of said funds from said account for


  11. the most recently completed fiscal year; and


  12. (iv) An annual evaluation as to the appropriateness of the amount of the contract


  13. administrative fee on master-price agreements.


  14. (c) Subject to the approval of the director of the department of administration, the state


  15. controller is authorized to offset any currently recorded outstanding liability on the part of


  16. developmental disability organizations (DDOs) to repay previously authorized startup capital


  17. advances against the proceeds from the sale of group homes within a fiscal year prior to any sale


  18. proceeds being deposited into the information technology investment fund restricted receipt


  19. account established pursuant to § 42-11-2.5(a).


  20. SECTION 6. Section 37-7-15 of the General Laws in Chapter 37-7 entitled “Management


  21. and Disposal of Property” is hereby amended to read as follows:


  22. 37-7-15. Sale of state-owned land, buildings and improvements thereon and other real


  23. property.


  24. (a) Total annual proceeds from the sale of any land and the buildings and improvements


  25. thereon, and other real property, title to which is vested in the state of Rhode Island or title to which


  26. will be vested in the state upon completion of any condemnation or other proceedings, shall be


  27. transferred to the information technology restricted receipt account (ITRR account) and made


  28. available for the purposes outlined in § 42-11-2.5(a), unless otherwise prohibited by federal law.


  29. (b) Provided, however, this shall not include proceeds from the sale of any land and the


  30. buildings and improvements thereon that will be created by the relocation of interstate route 195,


  31. which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified


  32. in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis”


  33. prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain


  34. tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode

  1. Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195,


  2. Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1”


  3. (c) Subject to the approval of the director of the department of administration, the state


  4. controller is authorized to offset any currently recorded outstanding liability on the part of


  5. developmental disability organizations (DDOs) to repay previously authorized startup capital


  6. advances against the proceeds from the sale of group homes within a fiscal year prior to any sale


  7. proceeds being deposited into the information technology investment fund.


  8. SECTION 7. Section. 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled


  9. "Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows:


  10. 39-18.1-4. Rhode Island highway maintenance account created.


  11. (a) There is hereby created a special account in the intermodal surface transportation fund


  12. as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.


  13. (b) The fund shall consist of all those moneys that the state may, from time to time, direct


  14. to the fund, including, but not necessarily limited to, moneys derived from the following sources:


  15. (1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than


  16. those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid


  17. by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each


  18. subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)


  19. each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30,


  20. 2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00)


  21. from July 1, 2015, through June 30, 2016, and each year thereafter.


  22. (i) For owners of vehicles or trucks with the following plate types, the surcharge shall be


  23. as set forth below and shall be paid in full in order to register the vehicle or truck and upon each


  24. subsequent renewal:


  25. Plate Type Surcharge


  26. Antique $5.00


  27. Farm $10.00


  28. Motorcycle $13.00


  29. (ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration


  30. amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;


  31. (2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than


  32. those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks


  33. subject to annual registration, to be paid annually by each vehicle or truck owner in order to register


  34. that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be

  1. phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00)


  2. from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30,


  3. 2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year


  4. thereafter.


  5. (i) For registrations of the following plate types, the surcharge shall be as set forth below


  6. and shall be paid in full in order to register the plate, and upon each subsequent renewal:


  7. Plate Type Surcharge


  8. Boat Dealer $6.25


  9. Cycle Dealer $6.25


  10. In-transit $5.00


  11. Manufacturer $5.00


  12. New Car Dealer $5.00


  13. Used Car Dealer $5.00


  14. Racer Tow $5.00


  15. Transporter $5.00


  16. Bailee $5.00


  17. (ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration


  18. amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.


  19. (iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars


  20. and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five


  21. cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50)


  22. from July 1, 2014, through June 30, 2015, and each year thereafter;


  23. (3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor


  24. vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge


  25. will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars


  26. ($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014,


  27. through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and


  28. each year thereafter. In the event that a license is issued or renewed for a period of less than five


  29. (5) years, the surcharge will be prorated according to the period of time the license will be valid;


  30. (4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,


  31. except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode


  32. Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees


  33. be transferred as follows:


  34. (i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;

  1. (ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;


  2. (iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and


  3. (iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be


  4. deposited;


  5. (5) All remaining funds from previous general obligation bond issues that have not


  6. otherwise been allocated.


  7. (c) Effective July 1, 2019, ninety-five percent (95%) of all funds collected pursuant to this


  8. section shall be deposited in the Rhode Island highway maintenance account and shall be used only


  9. for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues


  10. to partially offset cost of collections


  11. (d) Unexpended balances and any earnings thereon shall not revert to the general fund but


  12. shall remain in the Rhode Island highway maintenance account. There shall be no requirement that


  13. monies received into the Rhode Island highway maintenance account during any given calendar


  14. year or fiscal year be expended during the same calendar year or fiscal year.


  15. (e) The Rhode Island highway maintenance account shall be administered by the director,


  16. who shall allocate and spend monies from the fund only in accordance with the purposes and


  17. procedures set forth in this chapter.


  18. SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911


  19. Emergency Telephone Number Act” is hereby amended to read as follows:


  20. 39-21.1-14. E-911 surcharge and first response surcharge.


  21. (a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence


  22. and business telephone line or trunk, or path and data, telephony, internet, voice over internet


  23. protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex


  24. equivalent trunks and each line or trunk serving, and upon each user interface number or extension


  25. number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not


  26. exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private


  27. branch exchange, or connecting to or from a customer-based or dedicated telephone switch site


  28. (such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a


  29. customer-based or dedicated central office (such as, but not exclusive of, a centrex system but


  30. exclusive of trunks and lines provided to wireless communication companies) that can access to,


  31. connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI


  32. E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall


  33. also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by


  34. each telecommunication services provider at the inception of services and shall be payable to the

  1. telecommunication services provider by the subscriber of the services.


  2. (2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless


  3. instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet


  4. protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any


  5. other wireless instrument, device, or means that has access to, connects with, or activates or


  6. interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each


  7. instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly


  8. first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each


  9. telecommunication services provider and shall be payable to the telecommunication services


  10. provider by the subscriber. Prepaid wireless telecommunications services shall not be included in


  11. this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone


  12. system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the


  13. general body of ratepayers this surcharge.


  14. (b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18


  15. of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of


  16. computing the tax under chapter 13 of title 44.


  17. (c) Each telephone common carrier and each telecommunication services provider shall


  18. establish a special account to which it shall deposit on a monthly basis the amounts collected as


  19. surcharges under this section.


  20. (d) The money collected by each telecommunication services provider shall be transferred


  21. within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice


  22. over internet protocol (VoIP), satellite, computer, internet, or communications services in this state


  23. and every month thereafter, to the division of taxation, together with the accrued interest. The E-


  24. 911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of


  25. the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in


  26. the general fund; provided, however, that ten percent (10%) of the money collected from the first


  27. response surcharge shall be deposited in the information technology investment fund restricted


  28. receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred


  29. in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from


  30. the date the money should have been transferred.


  31. (e) Every billed subscriber-user shall be liable for any surcharge imposed under this section


  32. until it has been paid to the telephone common carrier or telecommunication services provider. Any


  33. surcharge shall be added to and shall be stated separately in the billing by the telephone common


  34. carrier or telecommunication services provider and shall be collected by the telephone common

  1. carrier or telecommunication services provider.


  2. (f) Each telephone common carrier and telecommunication services provider shall annually


  3. provide the E-911 uniform emergency telephone system division, or any other agency that may


  4. replace it, with a list of amounts uncollected, together with the names and addresses of its


  5. subscriber-users who can be determined by the telephone common carrier or telecommunication


  6. services provider to have not paid the E-911 surcharge.


  7. (g) Included within, but not limited to, the purposes for which the money collected from


  8. the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction,


  9. maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform


  10. emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition,


  11. upgrade, or modification of PSAP equipment to be capable of receiving E-911 information,


  12. including necessary computer hardware, software, and database provisioning, addressing, and non-


  13. recurring costs of establishing emergency services; network development, operation, and


  14. maintenance; database development, operation, and maintenance; on-premise equipment


  15. maintenance and operation; training emergency service personnel regarding use of E-911;


  16. educating consumers regarding the operations, limitations, role, and responsible use of E-911;


  17. reimbursement to telephone common carriers or telecommunication services providers of rates or


  18. recurring costs associated with any services, operation, administration, or maintenance of E-911


  19. services as approved by the division; reimbursement to telecommunication services providers or


  20. telephone common carriers of other costs associated with providing E-911 services, including the


  21. cost of the design, development, and implementation of equipment or software necessary to provide


  22. E-911 service information to PSAPs, as approved by the division.


23 (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]


  1. (i) Nothing in this section shall be construed to constitute rate regulation of wireless


  2. communication services carriers, nor shall this section be construed to prohibit wireless


  3. communication services carriers from charging subscribers for any wireless service or feature.


27 (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]


  1. SECTION 9. Section 42-9-19 of the General Laws in Chapter 42-9 entitled "Department


  2. of Attorney General" is hereby amended to read as follows:


  3. 42-9-19. Acceptance of settlements — Attorney General settlement restricted account


  4. Acceptance of settlements -- Multi-state initiatives -- Attorney general settlement restricted


  5. account.


  6. (a) The attorney general is hereby authorized and empowered to accept in the name of the


  7. state any settlement resulting from a multi-state initiative. The attorney general is additionally

  1. authorized and empowered to recover attorney’s fees and costs that shall be considered settlement


  2. proceeds for purposes of this chapter.


  3. (b) The settlement proceeds shall be transferred to the general treasurer for deposit in the


  4. general fund. The general treasurer shall transfer proceeds, up to seven hundred and fifty thousand


  5. dollars ($750,000) in any fiscal year, to the “attorney general multi-state initiative restricted-receipt


  6. account.” Any balance in excess of seven hundred and fifty thousand dollars ($750,000) remaining


  7. in the account at the end of the fiscal year shall be transferred back to the state general fund. The


  8. restricted-receipt account shall be used to pay for staff, operational, and litigation costs associated


  9. with multi-state initiatives.


  10. (c) Expenditure of all settlement proceeds accepted by the attorney general as part of the


  11. terms of the relevant master settlement agreement shall be subject to the annual appropriation


  12. process and approval by the general assembly.


  13. SECTION 10. Chapter 42-9 of the General Laws entitled "Department of Attorney


  14. General" is hereby amended by adding thereto the following section:


  15. 42-9-19.1. Acceptance of settlements -- Non-Multi-state initiatives -- Attorney general


  16. settlement restricted account.


  17. (a) There is hereby established a restricted receipt account within the Department of


  18. Attorney General entitled "attorney general non-multi-state initiative restricted-receipt account."


  19. Funds consisting of attorneys' fees previously recovered pursuant to the Distributors -- Rhode


  20. Island Settlement Agreement resolving opioid-related claims against McKesson Corporation,


  21. Cardinal Health, Inc., and/or AmerisourceBergen Corporation in the case State of Rhode Island v.


  22. Purdue Pharma L.P. et al., CA No. PC-2018-4455, shall be deposited into this restricted receipt


  23. account.


  24. (b) The following funds shall also be deposited into this restricted receipt account:


  25. (1) All future attorneys' fees recovered from the case referenced in subsection (a) of this


  26. section; and


  27. (2) Twenty percent (20%) of attorneys' fees recovered in other non-multi-state initiatives.


  28. (c) This restricted receipt account shall be used to pay for staff and other operational


  29. expenses of the Department.


  30. (d) Expenditures from this restricted receipt account shall be subject to the annual


  31. appropriation process and approval by the general assembly.


  32. (e) All settlement proceeds from non-multi-state initiatives, except those deposited in this


  33. restricted receipt account pursuant to this section, shall be deposited into the general fund.


  34. SECTION 11. Sections 42-11-2.5, 42-11-2.6 and 42-11-2.8 of the General Laws in Chapter

    1. 42-11 entitled “Department of Administration” are hereby amended to read as follows:


    2. 42-11-2.5. Information technology investment fund Information technology restricted


    3. receipt account and large systems initiatives fund.


    4. (a) All sums from the sale of any land and the buildings and improvements thereon, and


    5. other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-


    6. 7-15(c), shall be transferred to an information technology investment fund restricted-receipt


    7. account (ITRR account) that is hereby established. This fund ITRR account shall consist of such


    8. sums from the sale of any land and the buildings and improvements thereon, and other real property,


    9. title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as


    10. a share of first response surcharge revenues collected under the provisions of § 39-21.1-14. This


    11. fund ITRR account may also consist of such sums as the state may from time to time appropriate;


    12. as well as money received from the disposal of information technology equipmenthardware, loan,


    13. interest, and service charge payments from benefiting state agencies; as well as interest earnings,


    14. money received from the federal government, gifts, bequest, donations, or otherwise from any


    15. public or private source. Any such funds shall be exempt from the indirect cost recovery provisions


    16. of § 35-4-27.


    17. (b)(1) This fund ITRR account shall be used for the purpose of acquiring information


    18. technology improvements, including, but not limited to: hardware, software, consulting services,


    19. and ongoing maintenance and upgrade contracts for state departments and agencies.


    20. (c)(2) The division of enterprise technology strategy and service of the Rhode Island


    21. department of administration shall adopt rules and regulations consistent with the purposes of this


    22. chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement


    23. of funds from this ITRR account.


    24. (d)(3) For all requests for proposals that are issued for information technology projects, a


    25. corresponding information technology project manager shall be assigned.


    26. (b) There is also hereby established a special fund to be known as the large systems


    27. initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered


    28. by the chief information officer within the department of administration for the purpose of


    29. implementing and maintaining enterprise-wide software projects for executive branch departments.


    30. The LSI fund shall consist of such sums as the state may from time to time directly appropriate to


    31. the LSI fund. After the completion of any project, the chief digital officer shall inform the state


    32. controller of unexpended sums previously transferred to the LSI Fund for that project and the state


    33. controller shall subsequently transfer any such unexpended funds to the information technology


    34. restricted receipt account.

      1. (c) For any new project initiated using sums expended from the LSI Fund, as part of its


      2. budget submission pursuant to § 35-3-4 relative to state fiscal year 2025 and thereafter, the


      3. department of administration shall include a statement of project purpose and the estimated project


      4. cost.


      5. 42-11-2.6. Office of Digital Excellence established.


      6. (a) Within the department, division of enterprise technology strategy and services, there


      7. shall be established the Office of Digital Excellence. The purposes of the office shall be to move


      8. Rhode Island state government into the 21st century through the incorporation of innovation and


      9. modern digital capabilities throughout state government and to leverage technology to expand and


      10. improve the quality of services provided to Rhode Island citizens; to promote greater access to


      11. government and the internet throughout cities and towns; and to position Rhode Island as a national


      12. leader in e-government.


      13. (b) Within the office, there shall be a chief digital officer who shall be appointed by the


      14. director of administration with the approval of the governor and who shall be in the unclassified


      15. service. The chief digital officer shall report to the director of administration and be required to:


      16. (1) Manage the implementation of all new and mission-critical technology infrastructure


      17. projects and upgrades for state agencies. The division of enterprise technology strategy and


      18. services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day


      19. operations of the state’s technology infrastructure, telecommunications, and associated


      20. applications;


      21. (2) Increase the number of government services that can be provided online in order to


      22. allow residents and businesses to complete transactions in a more efficient and transparent manner;


      23. (3) Improve the state’s websites to provide timely information to online users and as many


      24. government services as possible online; and


      25. (4) Establish, improve, and enhance the state’s use of social media and mobile


      26. technological applications.


      27. (c) The office shall coordinate its efforts with the division of enterprise technology strategy


      28. and services in order to plan, allocate, and implement projects supported by the information


      29. technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-


      30. 11-2.5(a) and the large systems initiatives fund (LSI fund) established pursuant to § 42-11-2.5(b).


      31. (d) All intellectual property created as a result of work undertaken by employees of the


      32. office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the


      33. name of the state.


      34. (e) The director of administration may promulgate rules and regulations recommended by

        1. the chief digital officer in order to effectuate the purposes and requirements of this act.


        2. (f) The chief digital officer shall report no later than January 31, 2013, and every January


        3. 31 thereafter, to the governor, the speaker of the house of representatives, and the senate president


        4. regarding the implementation status of all technology infrastructure projects; website


        5. improvements; number of e-government transactions and revenues generated; projects supported


        6. by the information technology investment fund; and all other activities undertaken by the office.


        7. The report shall also include planned use for projects related to public safety communications and


        8. emergency services, recommendations on the development of and opportunities for shared


        9. implementation and delivery of these services among municipalities, and strategies for such shared


        10. services. The annual report shall be posted on the office’s website.


        11. 42-11-2.8. Division of enterprise technology strategy and services established.


        12. (a) Established. Within the department there shall be established the division of enterprise


        13. technology strategy and service (ETSS), which shall include the office of information technology,


        14. the office of digital excellence (ODE), and the office of library and information services (OLIS).


        15. Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee and


        16. manage the division and shall be appointed by the director of administration. Any prior reference


        17. in statute to the division of information technology shall now mean ETSS. The chief digital officer


        18. shall supervise the state’s chief information officer, chief technology officer, chief information


        19. security officer, the directors of information technology, and all associated employees. The chief


        20. digital officer may promulgate rules and regulations in order to effectuate the purposes and


        21. requirements of this act.


        22. (b) Purposes; duties. The purposes of ETSS shall be to align existing and future technology


        23. platforms, along with technical expertise, across the agencies of the executive branch. ETSS shall


        24. be responsible for managing and consolidating the strategy and budgets of the division, including


        25. the office of information technology, the office of library and information services and the office


        26. of digital excellence, and the information technology investment fund. The focus of ETSS will be


        27. to lead the strategic technology decisions and efforts across all of the executive branch state


        28. agencies; identify opportunities to implement technology solutions across state agencies to prevent


        29. duplication of systems and effort; as well as effectively support these solutions in an efficient


        30. manner. ETSS shall have the following duties:


        31. (1) Manage the implementation of all new and mission-critical technology infrastructure


        32. projects and upgrades for state agencies. The office of information technology, under ETSS, shall


        33. manage and support all day-to-day operations of the state’s technology infrastructure,


        34. telecommunications, and associated applications;

          1. (2) Manage the office of digital excellence in order to ensure that large-scale technology


          2. projects are delivered in a timely manner in accordance with accepted best-industry practices;


          3. (3) To oversee the chief of library services and the office of library and information services


          4. to ensure that this office fulfills its statutory duties in an effective manner;


          5. (4) Coordinate efforts with the director of administration in order to plan, allocate, and


          6. implement projects supported by the information technology investment fund restricted receipt


          7. account (ITRR account) established pursuant to § 42-11-2.5(a) and the large systems initiatives


          8. fund (LSI fund) established pursuant to § 42-11-2.5(b);


          9. (5) Supervise all intellectual property created as a result of work undertaken by employees


          10. of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents


          11. applied for shall be in the name of the state.


          12. (c) Reporting. The chief digital officer shall annually report no later than January 31 to the


          13. governor, the speaker of the house of representatives, and the senate president regarding the


          14. implementation status of all technology infrastructure projects; website improvements; number of


          15. e-government transactions and revenues generated; projects supported by the information


          16. technology investment fund; and all other activities undertaken by the division. The annual report


          17. shall be posted on the ETSS website.


          18. SECTION 12. This article shall take effect upon passage.

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            art.003/11/003/10/003/9/003/8/003/7/003/6/003/5/003/4/003/3/003/2/003/1

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            1. ARTICLE 3


            2. RELATING TO GOVERNMENT REFORM AND REORGANIZATION



            3. SECTION 1. 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 2. 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“Bridge” defined -


            18. - Responsibility for structures.


            19. (a) The word “bridge” as used in this chapter shall be a structure including supports erected


            20. over a depression or an obstruction, such as water, highway, or railway, and having a track or


            21. passageway for carrying traffic or other moving loads, and having an opening measured along the


            22. center of the roadway of eight (8) feet or more between under copings of abutments, spring lines


            23. of arches, or the extreme ends of openings for multiple boxes; it also includes single or multiple


            24. pipes where the clear distance between openings of multiple pipes is less than half of the smaller


            25. contiguous opening. any structure not less than five feet (5′) in width. Any structure less than five


            26. feet (5′) in width lying in any highway now being or hereafter becoming a part of the state highway


            27. system shall be constructed, repaired or reconstructed at the expense of the state.


            28. (b) The State will be responsible for the following related to bridges, as defined above:


            29. (1) Reporting of inspection and load rating findings for National Bridge Inventory (NBI)


            30. bridges on all roadways.

              1. (2) Construction and maintenance costs of:


              2. (i) Bridges on state owned roads


              3. (ii) Structures less than eight (8) feet on State roads


              4. (ii) Other state-owned structures unless otherwise agreed upon.


              5. (c) The State is not responsible for construction or maintenance costs for bridges or smaller


              6. structures it does not own.


              7. (d) Performing inspections or load ratings on any bridge or structures less than eight (8)


              8. feet by the State for public safety does not constitute ownership or responsibility of the structure.


              9. SECTION 3. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of


              10. Veterans" is hereby amended to read as follows:


              11. 30-25-14. Rhode Island veterans’ memorial cemetery.


              12. (a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph


              13. H. Ladd school in the town of Exeter, shall be under the management and control of the director of


              14. the department of human services. The director of the department of human services shall appoint


              15. an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably


              16. discharged veteran of the United States Armed Forces and shall have the general supervision over,


              17. and shall prescribe rules for, the government and management of the cemetery. He or she shall


              18. make all needful rules and regulations governing the operation of the cemetery and generally may


              19. do all things necessary to ensure the successful operation thereof. The director shall promulgate


              20. rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the


              21. eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all persons


              22. eligible for burial pursuant to rules and regulations established by the director, any person who


              23. served in the army, navy, air force, or marine corps of the United States for a period of not less than


              24. two (2) years and whose service was terminated honorably, shall be eligible for burial in the Rhode


              25. Island veterans’ memorial cemetery. The director shall appoint and employ all subordinate officials


              26. and persons needed for the proper management of the cemetery. National guard members who are


              27. killed in the line of duty or who are honorably discharged after completion of at least twenty (20)


              28. six (6) years’ of service in the Rhode Island national guard and/or reserve and their spouse shall be


              29. eligible for interment in the Rhode Island veterans’ memorial cemetery. National guard members


              30. and/or reservists who are honorably discharged after completion of at least six (6) years of service


              31. with another state, and who are a Rhode Island resident for at least two (2) consecutive years


              32. immediately prior to death, shall be eligible, along with their spouse, for interment in the Rhode


              33. Island veterans’ memorial cemetery. For the purpose of computing service under this section,


              34. honorable service in the active forces or reserves shall be considered toward the twenty (20) six (6)

  1. years of national guard service. The general assembly shall make an annual appropriation to the


  2. department of human services to provide for the operation and maintenance for the cemetery. The


  3. director shall charge and collect a grave liner fee per interment of the eligible spouse and/or eligible


  4. dependents of the qualified veteran, national guard member and/or reservist equal to the


  5. department’s cost for the grave liner.


  6. (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’


  7. memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing


  8. ear signal dogs or any other service animal, as required by federal law or any personal assistance


  9. animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section


  10. shall be subject to a fine of not less than five hundred dollars ($500).


  11. (c) The state of Rhode Island office of veterans services shall bear the cost of all tolls


  12. incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from


  13. Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The


  14. executive director of the turnpike and bridge authority shall assist in the administration and


  15. coordination of this toll reimbursement program.


  16. SECTION 4. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit


  17. System" is hereby amended to read as follows:


  18. 36-4-16.4. Salaries of directors.


  19. (a) In the month of March of each year, the department of administration shall conduct a


  20. public hearing to determine salaries to be paid to directors of all state executive departments and


  21. secretaries serving as the head of any state executive department or executive office, including but


  22. not limited to, the secretary of the executive office of health and human services, the secretary of


  23. commerce and the secretary of housing for the following year, at which hearing all persons shall


  24. have the opportunity to provide testimony, orally and in writing. In determining these salaries, the


  25. department of administration will take into consideration the duties and responsibilities of the


  26. aforenamed officers, as well as such related factors as salaries paid executive positions in other


  27. states and levels of government, and in comparable positions anywhere that require similar skills,


  28. experience, or training. Consideration shall also be given to the amounts of salary adjustments made


  29. for other state employees during the period that pay for directors and secretaries was set last.


  30. (b) Each salary determined by the department of administration will be in a flat amount,


  31. exclusive of such other monetary provisions as longevity, educational incentive awards, or other


  32. fringe additives accorded other state employees under provisions of law, and for which directors


  33. and secretaries are eligible and entitled.


  34. (c) In no event will the department of administration lower the salaries of existing directors

    1. and secretaries during their term of office.


    2. (d) Upon determination by the department of administration, the proposed salaries of


    3. directors and secretaries will be referred to the general assembly by the last day in April of that


    4. year to go into effect thirty (30) days hence, unless rejected by formal action of the house and the


    5. senate acting concurrently within that time.


    6. (e) Notwithstanding the provisions of this section, for 2022 only, the time period for the


    7. department of administration to conduct the public hearing shall be extended to September and the


    8. proposed salaries shall be referred to the general assembly by October 30. The salaries may take


    9. effect before next year, but all other provisions of this section shall apply.


10 (f) [Deleted by P.L. 2022, ch. 231, art. 3, § 12.]


  1. (g) Notwithstanding the provisions of this section or any law to the contrary, for 2023 only,


  2. the salary of the director of the department of children, youth and families shall be determined by


  3. the governor.


  4. SECTION 5. Sections 35-1.1-3 and 35-1.1-9 of the General Laws in Chapter 35-1.1 entitled


  5. "Office of Management and Budget" are hereby amended to read as follows:


  6. 35-1.1-3. Director of management and budget -- Appointment and responsibilities.


  7. (a) Within the department of administration there shall be a director of management and


  8. budget who shall be appointed by the director of administration with the approval of the governor.


  9. The director shall be responsible to the governor and director of administration for supervising the


  10. office of management and budget and for managing and providing strategic leadership and direction


  11. to the budget officer, the performance management office, and the federal grants management


  12. office.


  13. (b) The director of management and budget shall be responsible to:


  14. (1) Oversee, coordinate, and manage the functions of the budget officer as set forth by


  15. chapter 3 of this title; program performance management as set forth by § 35-3-24.1; approval of


  16. agreements with federal agencies defined by § 35-3-25; and budgeting, appropriation, and receipt


  17. of federal monies as set forth by chapter 41 of title 42;


28 (2) [Deleted by P.L. 2019, ch. 88, art. 4, § 9];


  1. (3) Oversee the director of regulatory reform as set forth by § 42-64.13-6;


  2. (4) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1; and


  3. (5) Undertake a comprehensive review and inventory of all reports filed by the executive


  4. office and agencies of the state with the general assembly. The inventory should include, but not


  5. be limited to: the type, title, and summary of reports; the author(s) of the reports; the specific


  6. audience of the reports; and a schedule of the reports’ release. The inventory shall be presented to

  1. the general assembly as part of the budget submission on a yearly basis. The office of management


  2. and budget shall also make recommendations to consolidate, modernize the reports, and to make


  3. recommendations for elimination or expansion of each report.; and


  4. (6) Conduct, with all necessary cooperation from executive branch agencies, reviews,


  5. evaluations, and assessments on process efficiency, operational effectiveness, budget and policy


  6. objectives, and general program performance.


  7. 35-1.1-9. Cooperation of other state executive branch agencies.


  8. (a) The departments and other agencies of the state of the executive branch that have not


  9. been assigned to the executive office of management and budget under this chapter shall assist and


  10. cooperate with the executive office as may be required by the governor and/or requested by the


  11. director of management and budget, this. This assistance may include, but not be limited to,


  12. providing analyses and related backup documentation and information, organizational charts and/or


  13. process maps, contractual deliverables, and utilizing staff resources from other departments or


  14. agencies for special projects within a defined period of time to improve processes or performance


  15. within agencies and/or lead to cost savings.


  16. (b) Within thirty (30) days following the date of the issuance of a final audit report


  17. completed pursuant to subdivision 35-1.1-2(6), the head of the department, agency or private entity


  18. audited shall respond in writing to each recommendation made in the final audit report. This


  19. response shall address the department’s, agency’s or private entity’s plan of implementation for


  20. each specific audit recommendation and, if applicable, the reasons for disagreement with any


  21. recommendation proposed in the audit report. Within one year following the date on which the


  22. audit report was issued, the office may perform a follow-up audit for the purpose of determining


  23. whether the department, agency or private entity has implemented, in an efficient and effective


  24. manner, its plan of action for the recommendations proposed in the audit report.


  25. SECTION 6. Sections 35-3-17.1 and 35-3-24.1 of the General Laws in Chapter 35-3


  26. entitled “State Budget” are hereby amended to read as follows:


  27. 35-3-17.1. Financial statements required from state departments, agencies, and


  28. instrumentalities.


  29. The several state departments, agencies, and public authorities and corporations shall


  30. submit to the fiscal advisors of the house and senate, statements of financial conditions and


  31. operations within thirty (30) days of the close of each of the first three (3) fiscal quarters of each


  32. year. The statements shall include, at a minimum:


  33. (1) Account numbers;


  34. (2) Allotments;

  1. (3) Expenditures to-date;


  2. (4) Estimated expenditures to complete the fiscal year; and


  3. (5) Surplus or deficiency projections.


  4. (6) Progress on any corrective action plans per the most recent annual findings of the


  5. auditor general.


  6. 35-3-24.1. Program performance measurement.


  7. (a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as part


  8. of each budget submitted to the general assembly pursuant to § 35-3-7, performance objectives for


  9. each program in the budget for the ensuing fiscal year, estimated performance data for the fiscal


  10. year in which the budget is submitted, and actual performance data for the preceding two (2)


  11. completed fiscal years. Performance data shall include efforts at achieving equal opportunity hiring


  12. goals as defined in the department’s annual affirmative action plan. The governor shall, in addition,


  13. recommend appropriate standards against which to measure program performance. Performance in


  14. prior years may be used as a standard where appropriate. These performance standards shall be


  15. stated in terms of results obtained.


  16. (b) The governor may submit, in lieu of any part of the information required to be submitted


  17. pursuant to subsection (a), an explanation of why the information cannot, as a practical matter be


  18. submitted.


  19. (c)(1) The office of management and budget shall be responsible for managing and


  20. collecting program performance measures on behalf of the governor. The office is authorized to


  21. conduct performance reviews and audits of agencies to determine progress towards achieving


  22. performance objectives for programs the manner and extent to which executive branch agencies


  23. achieve intended objectives and outcomes.


  24. (2) In order to collect performance measures from agencies, review performance and


  25. provide recommendations the office of budget and management is authorized to coordinate with


  26. the office of internal audit regarding the findings and recommendations that result from audits


  27. conducted by the office.


  28. (3) In order to facilitate the office of management and budget’s performance reviews,


  29. agencies must generate and provide timely access to records, reports, analyses, audits, reviews,


  30. documents, papers, recommendations, contractual deliverables, or other materials available relating


  31. to agency programs and operations.


  32. (4) In order to ensure alignment of executive branch agency operations with the state’s


  33. priorities, the office of management and budget may produce, with all necessary cooperation from


  34. executive branch agencies, analyses and recommendations to improve program performance,

  1. conduct evidence-based budgeting, and respond to sudden shifts in policy environments.


  2. (5) In order to gain insight into performance or outcomes and inform policymaking and


  3. program evaluation, the office of management and budget may lead, manage, and/or coordinate


  4. interagency and cross-system collaboration or integration initiatives.


  5. SECTION 7. Section 37-14.1-6 of the General Laws in Chapter 14.1 titled “Minority


  6. Business Enterprise” is hereby amended to read as follows:


  7. 37-14.1-6. Minority business enterprise participation.


  8. (a) Minority business enterprises shall be included in all procurements and construction


  9. projects under this chapter and shall be awarded a minimum of ten percent (10%) fifteen percent


  10. (15%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%),


  11. minority business enterprises owned and controlled by a minority owner, as defined in § 37-14.1-


  12. 3, shall be awarded a minimum of seven- and one-half percent (7.5%), and minority business


  13. enterprises owned and controlled by a woman shall be awarded a minimum of seven- and one-half


  14. percent (7.5%). Annually, by October 1, the department of administration shall submit a report to


  15. the general assembly on the status of achieving the aforementioned participation requirements in


  16. the most recent fiscal year. The director of the department of administration is further authorized


  17. to establish by rules and regulation the certification process and formulas for giving minority


  18. business enterprises a preference in contract and subcontract awards.


  19. (b) Any minority business enterprise currently certified by the U.S. Small Business


  20. Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by


  21. the department of administration as a minority business enterprise and shall only be required to


  22. submit evidence of federal certification of good standing.


  23. (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited


  24. to, during a declared state of emergency.


  25. (d) The State of Rhode Island will arrange for a disparity study to evaluate the need for the


  26. development of programs to enhance the participation in state contracts of business enterprises


  27. owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025.


  28. SECTION 8. Section 42-28-25 of the General Laws in Chapter 42-28 entitled “State


  29. Police” is hereby amended to read as follows:


  30. 42-28-25. State and municipal police training school established.


  31. (a) Within the Rhode Island state police there is hereby created and established a state and


  32. municipal police training school.


  33. (b) The superintendent of the state police shall have supervision of the state and municipal


  34. police training academy and shall establish standards for admission and a course of training. The

  1. superintendent shall report to the governor and general assembly a plan for a state and municipal


  2. police training academy on or before December 31, 1993. The superintendent shall, in consultation


  3. with the Police Chiefs' Association and the chairperson of the Rhode Island commission on


  4. standards and training make all necessary rules and regulations relative to the admission, education,


  5. physical standards and personal character of the trainees and such other rules and regulations as


  6. shall not be inconsistent with law.


  7. (c) Applicants to the state and municipal police training academy shall pay an application


  8. fee in the amount of fifty dollars ($50.00); provided, however, the superintendent may waive such


  9. application fee if payment thereof would be a hardship to the applicant.


  10. (d) Trainees shall pay to the division an amount equal to the actual cost of meals consumed


  11. at the state police and municipal police training academy and the actual cost of such training


  12. uniforms which remain the personal property of the trainees.


  13. (e) All fees and payments received by the division pursuant to this section shall be


  14. deposited as general revenues.


  15. SECTION 9. Section 42-56-20.2 of the General Laws in Chapter 42-56 entitled


  16. “Corrections Department” is hereby amended to read as follows:


  17. 42-56-20.2. Community confinement.


  18. (a) Persons subject to this section. Every person who shall have been adjudged guilty of


  19. any crime after trial before a judge, a judge and jury, or before a single judge entertaining the


  20. person’s plea of nolo contendere or guilty to an offense (“adjudged person”), and every person


  21. sentenced to imprisonment in the adult correctional institutions (“sentenced person”) including


  22. those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult


  23. correctional institutions (“detained person”) who meets the criteria set forth in this section shall be


  24. subject to the terms of this section except:


  25. (1) Any person who is unable to demonstrate that a permanent place of residence (“eligible


  26. residence”) within this state is available to that person; or


  27. (2) Any person who is unable to demonstrate that he or she will be regularly employed, or


  28. enrolled in an educational or vocational training program within this state, and within thirty (30)


  29. days following the institution of community confinement; or


  30. (3)(i) Any adjudged person or sentenced person or detained person who has been


  31. convicted, within the five (5) years next preceding the date of the offense for which he or she is


  32. currently so adjudged or sentenced or detained, of a violent felony.


  33. A “violent felony” as used in this section shall mean any one of the following crimes or an


  34. attempt to commit that crime: murder; manslaughter; sexual assault; mayhem; robbery; burglary;

  1. assault with a dangerous weapon; assault or battery involving serious bodily injury; arson; breaking


  2. and entering into a dwelling; child molestation; kidnapping; DWI resulting in death or serious


  3. injury; or driving to endanger resulting in death or serious injury; or


  4. (ii) Any person currently adjudged guilty of or sentenced for or detained on any capital


  5. felony; or


  6. (iii) Any person currently adjudged guilty of or sentenced for or detained on a felony


  7. offense involving the use of force or violence against a person or persons. These shall include, but


  8. are not limited to, those offenses listed in subsection (a)(3)(i) of this section; or


  9. (iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or


  10. possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or


  11. possession of a certain enumerated quantity of a controlled substance in violation of § 21-28-4.01.1


  12. or § 21-28-4.01.2; or


  13. (v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense


  14. involving the illegal possession of a firearm.


  15. (b) Findings prior to sentencing to community confinement. In the case of adjudged


  16. persons, if the judge intends to impose a sentence of community confinement, he or she shall first


  17. make specific findings, based on evidence regarding the nature and circumstances of the offense


  18. and the personal history, character, record, and propensities of the defendant that are relevant to the


  19. sentencing determination, and these findings shall be placed on the record at the time of sentencing.


  20. These findings shall include, but are not limited to:


  21. (1) A finding that the person does not demonstrate a pattern of behavior indicating a


  22. propensity for violent behavior;


  23. (2) A finding that the person meets each of the eligibility criteria set forth in subsection (a)


  24. of this section;


  25. (3) A finding that simple probation is not an appropriate sentence;


  26. (4) A finding that the interest of justice requires, for specific reasons, a sentence of non-


  27. institutional confinement; and


  28. (5) A finding that the person will not pose a risk to public safety if placed in community


  29. confinement.


  30. The facts supporting these findings shall be placed on the record and shall be subject to


  31. review on appeal.


  32. (c) Community confinement.


  33. (1) There shall be established within the department of corrections, a community


  34. confinement program to serve that number of adjudged persons, sentenced persons, and detainees,

  1. that the director of the department of corrections (“director”) shall determine on or before July 1 of


  2. each year. Immediately upon that determination, the director shall notify the presiding justice of


  3. the superior court of the number of adjudged persons, sentenced persons, and detainees that can be


  4. accommodated in the community confinement program for the succeeding twelve (12) months.


  5. One-half (½) of all persons sentenced to community confinement shall be adjudged persons, and


  6. the balance shall be detainees and sentenced persons. The director shall provide to the presiding


  7. justice of the superior court and the family court on the first day of each month a report to set forth


  8. the number of adjudged persons, sentenced persons, and detainees participating in the community


  9. confinement program as of each reporting date. Notwithstanding any other provision of this section,


  10. if on April 1 of any fiscal year less than one-half (½) of all persons sentenced to community


  11. confinement shall be adjudged persons, then those available positions in the community


  12. confinement program may be filled by sentenced persons or detainees in accordance with the


  13. procedures set forth in subsection (c)(2) of this section.


  14. (2) In the case of inmates other than those classified to community confinement under


  15. subsection (h) of this section, the director may make written application (“application”) to the


  16. sentencing judge for an order (“order”) directing that a sentenced person or detainee be confined


  17. within an eligible residence for a period of time, which in the case of a sentenced person, shall not


  18. exceed the term of imprisonment. This application and order shall contain a recommendation for a


  19. program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3),


  20. (b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may


  21. contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing


  22. on this application shall be held within ten (10) business days following the filing of this


  23. application. If the sentencing judge is unavailable to hear and consider the application the presiding


  24. justice of the superior court shall designate another judge to do so.


  25. (3) In lieu of any sentence that may be otherwise imposed upon any person subject to this


  26. section, the sentencing judge may cause an adjudged person to be confined within an eligible


  27. residence for a period of time not to exceed the term of imprisonment otherwise authorized by the


  28. statute the adjudged person has been adjudged guilty of violating.


  29. (4) With authorization by the sentencing judge, or, in the case of sentenced persons


  30. classified to community confinement under subsection (h) of this section by the director of


  31. corrections, or in accordance with the order, persons confined under the provisions of this chapter


  32. may be permitted to exit the eligible residence in order to travel directly to and from their place of


  33. employment or education or training and may be confined in other terms or conditions consistent


  34. with the basic needs of that person that justice may demand, including the right to exit the eligible

  1. residence to which that person is confined for certain enumerated purposes such as religious


  2. observation, medical and dental treatment, participation in an education or vocational training


  3. program, and counseling, all as set forth in the order.


  4. (d) Administration.


  5. (1) Community confinement. The supervision of persons confined under the provisions


  6. of this chapter shall be conducted by the director, or his or her designee.


  7. (2) Intense surveillance. The application and order shall prescribe a program of intense


  8. surveillance and supervision by the department of corrections. Persons confined under the


  9. provisions of this section shall be subject to searches of their persons or of their property when


  10. deemed necessary by the director, or his or her designee, in order to ensure the safety of the


  11. community, supervisory personnel, the safety and welfare of that person, and/or to ensure


  12. compliance with the terms of that person’s program of community confinement; provided,


  13. however, that no surveillance, monitoring or search shall be done at manifestly unreasonable times


  14. or places nor in a manner or by means that would be manifestly unreasonable under the


  15. circumstances then present.


  16. (3) The use of any electronic surveillance or monitoring device which is affixed to the body


  17. of the person subject to supervision is expressly prohibited unless set forth in the application and


  18. order or, in the case of sentenced persons classified to community confinement under subsection


  19. (h), otherwise authorized by the director of corrections.


  20. (4) Regulatory authority. The director shall have full power and authority to enforce any


  21. of the provisions of this section by regulation, subject to the provisions of the Administrative


  22. Procedures Act, chapter 35 of this title. Notwithstanding any provision to the contrary, the


  23. department of corrections may contract with private agencies to carry out the provisions of this


  24. section. The civil liability of those agencies and their employees, acting within the scope of their


  25. employment, and carrying out the provisions of this section, shall be limited in the same manner


  26. and dollar amount as if they were agencies or employees of the state.


  27. (e) Violations. Any person confined pursuant to the provisions of this section, who is found


  28. to be a violator of any of the terms and conditions imposed upon him or her according to the order,


  29. or in the case of sentenced persons classified to community confinement under subsection (h),


  30. otherwise authorized by the director of corrections, this section, or any rules, regulations, or


  31. restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification


  32. deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person,


  33. upon conviction, shall be subject to an additional term of imprisonment of not less than one year


  34. and not more than twenty (20) years. However, it shall be a defense to any alleged violation that

  1. the person was at the time of the violation acting out of a necessary response to an emergency


  2. situation. An “emergency situation” shall be construed to mean the avoidance by the defendant of


  3. death or of substantial personal injury, as defined above, to him or herself or to others.


  4. (f) Costs. Each person confined according to this section shall reimburse the state for the


  5. costs or a reasonable portion thereof incurred by the state relating to the community confinement


  6. of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall


  7. be assessed by the director prior to the expiration of that person’s sentence. Once assessed, those


  8. costs shall become a lawful debt due and owing to the state by that person. Monies received under


  9. this section shall be deposited as general funds.


  10. (g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions


  11. of this section are hereby declared to be severable from the whole, and a declaration of


  12. unenforceability or unconstitutionality of any portion of this section, by a judicial court of


  13. competent jurisdiction, shall not affect the portions remaining.


  14. (h) Sentenced persons approaching release. Notwithstanding the provisions set forth


  15. within this section, any sentenced person committed under the direct care, custody, and control of


  16. the adult correctional institutions, who is within one (1) year of the projected good time release


  17. date, provided that the person shall have completed at least one-half (½) of the full term of


  18. incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration,


  19. provided that the person shall have completed at least one-half (½) of the term of incarceration,


20 may in the discretion of the director of corrections be classified to community confinement. This


  1. provision shall not apply to any person whose current sentence was imposed upon conviction of


  2. murder, first degree sexual assault or first degree child molestation.


  3. (i) Persons sentenced to life without parole with a serious health condition.


  4. Notwithstanding the provisions set forth within this section, any person sentenced to life without


  5. parole committed under the direct care, custody, and control of the adult correctional institutions,


  6. who has a condition that renders him or her confined to a medical facility and who is sufficiently


  7. physically, mentally or otherwise disabled that the presence of correctional officers provides no


  8. additional safety to the public or the personnel caring for them in that facility, may, in the discretion


  9. of the director of corrections, be classified to community confinement in a medical facility with an


  10. electronic surveillance and/or monitoring device. In consultation with medical professionals, such


  11. an individual shall be removed from community confinement in a medical facility, if their medical


  12. condition improves or resolves to a degree that the presence of correctional officers does enhance


  13. the safety of the public and/or the personnel caring for them in that facility and be subject to a return


  14. to the adult correctional institutions.

    1. (i)(j) Notification to police departments. The director, or his or her designee, shall notify


    2. the appropriate police department when a sentenced, adjudged or detained person has been placed


    3. into community confinement within that department’s jurisdiction. That notice will include the


    4. nature of the offense and the express terms and conditions of that person’s confinement. That notice


    5. shall also be given to the appropriate police department when a person in community confinement


    6. within that department’s jurisdiction is placed in escape status.


    7. (j)(k) No incarceration credit for persons awaiting trial. No detainee shall be given


    8. incarceration credit by the director for time spent in community confinement while awaiting trial.


    9. (k)(l) No confinement in college or university housing facilities. Notwithstanding any


    10. provision of the general laws to the contrary, no person eligible for community confinement shall


    11. be placed in any college or university housing facility, including, but not limited to, dormitories,


    12. fraternities or sororities. College or university housing facilities shall not be considered an “eligible


    13. residence” for “community confinement.”


    14. (l)(m) A sentencing judge shall have authority to waive overnight stay or incarceration at


    15. the adult correctional institution after the sentencing of community confinement. The waiver shall


    16. be binding upon the adult correctional institution and the staff thereof, including, but not limited to


    17. the community confinement program.


    18. SECTION 10. Title 42 of the General Laws entitled “State Affairs and Government” is


    19. hereby amended by adding thereto the following chapter:


    20. CHAPTER 42-165


    21. RHODE ISLAND LONGITUDINAL DATA SYSTEM ACT


    22. 42-165-1. Rhode Island longitudinal data system act.


    23. This chapter shall be known and may be cited as the “Rhode Island Longitudinal Data


    24. System Act.”


25 42-165-2. Findings.


  1. (a) Purpose. The Rhode Island Longitudinal Data System (RILDS) is Rhode Island’s


  2. statewide longitudinal data system that integrates and links individual or unit-level data. The


  3. purpose of the RILDS is to connect data across sectors over time to support research aligned with


  4. the state’s priorities; inform policymaking and program evaluation; and improve the well-being of


  5. all Rhode Islanders.


  6. (b) The general assembly finds and declares that:


  7. (1) The state is committed to maintaining a longitudinal data system that the public,


  8. researchers, and policymakers can use to analyze and assess Rhode Islanders’ aggregate progress


  9. from early learning programs through postsecondary education and into employment; and

    1. (2) A national collaborative effort among federal and state policymakers, state officials,


    2. and national education organizations have defined the essential components of a statewide


    3. longitudinal data system; and


    4. (3) The RI DataHUB is the state education and workforce longitudinal data system, aligned


    5. to the U.S. Department of Education’s Statewide Longitudinal Data System (SLDS) grant program


    6. and the U.S. Department of Labor’s Workforce Data Quality Initiative grant program.


    7. 42-165-3. Definitions.


    8. For the purpose of this chapter, the following terms shall have the following meanings


    9. unless the context clearly requires otherwise:


    10. (1) “Participating agency” means the Rhode Island department of education, the office of


    11. the postsecondary commissioner, the Rhode Island department of labor and training, and any


    12. agency that has executed a memorandum of understanding for recurring participation in the Rhode


    13. Island longitudinal data system.


    14. (2) “Rhode Island Longitudinal Data System” (RILDS) formerly known as the RI


    15. DataHUB operated by DataSpark, is the current statewide longitudinal data system and will be


    16. located for budgetary purposes in the office of the postsecondary commissioner.


    17. (3) “Rhode Island Longitudinal Data System Center” (Center) is comprised of the current


    18. entity known as DataSpark and whatever other resources as necessary to accomplish the powers


    19. and duties prescribed herein.


    20. (4) “Statewide integrated data system” or “integrated data system” or “IDS” means an


    21. individual-, family- or unit-level data system that links and integrates records from state data sets


    22. from all major education, economic, health, human service, labor and public safety programs.


    23. (5) “Statewide longitudinal data system” or “longitudinal data system” or “SLDS” means


    24. an individual- or unit-level data system that links and integrates records from state datasets


    25. including but not limited to early childhood and prekindergarten, through elementary, secondary,


    26. and postsecondary education, and into the workforce from participating agencies and entities.


    27. (6) “State and federal privacy laws” means all applicable state and federal privacy laws


    28. and accompanying regulations, including but not limited to the Federal Family Educational Rights


    29. and Privacy Act and its accompanying regulations (“FERPA”), Health Insurance Probability and


    30. Accountability Act (“HIPAA”), R.I. Gen. Laws § 28-42-38, 20 CFR 603.1 et seq., and any other


    31. privacy measures that apply to the personally identifiable information that is used by the center


    32. and/or becomes part of the RILDS hereunder.


33 42-165-4. Creation.


34 (a) The RILDS is hereby established within the office of the postsecondary commissioner

  1. and is granted and authorized to use all the powers set forth in this chapter.


  2. (b) Functions The RILDS shall:


  3. (1) Transmit, store, enable access to, permit the use, and dispose of linked data and


  4. information in accordance with the National Institute of Standards and Technology (NIST)


  5. Cybersecurity Framework and associated NIST 800-53 security controls commensurate with data


  6. sensitivity level and in accordance with all applicable state and privacy laws and state security


  7. policies;


  8. (2) Serve as a central repository of the state’s inter-agency, longitudinal, linked data;


  9. (3) Enable the integration, linkage, and management of information;


  10. (4) Report on and provide public access to aggregate data to, among other things, address


  11. inequities in access, opportunities, and outcomes and improve student and educator decision-


  12. making;


  13. (5) Provide clarity to university and other researchers on the process to request data and


  14. what data is available to request; and


  15. (6) Nothing in this chapter shall negate or otherwise adversely affect the validity and legal


  16. enforceability of any existing data sharing and/or research agreements executed between and


  17. among the states’ participating agencies and the state’s statewide longitudinal data system.


  18. 42-165-5. Governing board.


  19. (a) Composition of board. The RILDS will be governed by the Rhode Island longitudinal


  20. data system governing board (the board).


  21. (1) The board shall be composed of:


  22. (i) The director of the department of administration or designee who serves as one co-chair;


  23. (ii) Director of any participating agencies as described in § 42-165-3 and § 42-165-6, or


  24. their designee;


  25. (iii) The director of the office of management and budget or designee;


  26. (iv) The chief digital officer or designee; and


  27. (v) The director of the center, as set forth in § 42-165-7.


  28. (vi) the secretary of health and human services or designee; and


  29. (vii) the commissioner of postsecondary education who serves as one co-chair.


  30. (2) The board shall be overseen by two co-chairs. As co-chair, the director of


  31. administration or designee shall be responsible for overseeing and directing the policy duties and


  32. responsibilities of the board. The other co-chair shall be the commissioner of postsecondary


  33. education who shall be responsible for overseeing, supervising, and directing the operational duties


  34. of the center and its personnel.

    1. (b) Powers and Duties. The board shall:


    2. (1) In consultation with the center and in accordance with federal and state privacy law,


    3. approve policies regarding how data requests from state and local agencies, the Rhode Island


    4. general assembly, universities, third-party researchers, and the public will be managed;


    5. (2) In consultation with the center, approve policies regarding the publishing of reports and


    6. other information that should be available to public stakeholders;


    7. (3) Approve standards implemented by the center for the security, privacy, access to, and


    8. confidentiality of data, including policies to comply with the Family Education Rights and Privacy


    9. Act, Health Insurance Probability and Accountability Act, R.I. Gen. Laws § 28-42-38, 20 CFR


    10. 603.1 et seq. and any other privacy measures, as required by law, state policy or the board;


    11. (4) Perform other functions that are necessary to ensure the successful continuation,


    12. management, and expansion of the RILDS;


    13. (5) Establish a data governance committee to work with the center on an ongoing basis to


    14. among other responsibilities, approve data requests;


    15. (6) Oversee and collaborate with the data governance committee and the center as set forth


16 in § 42-165-7; and


  1. (7) By November 1, 2023, provide a plan to the Governor, the House and the Senate on


  2. how to establish a statewide integrated data system. The plan should consider elements such as:


  3. (i) the role an IDS can play in improving the operation of programs; reduce fraud, waste,


  4. and abuse and establishing a state culture of program evaluation;


  5. (ii) providing state agencies with evaluation services and providing state analysts access to


  6. data based on their role;


  7. (iii) providing researchers with access to state data;


  8. (iv) the importance of data privacy and security;


  9. (v) the importance of public transparency and the role of the state transparency portal;


  10. (vi) the creation of a state chief data officer;


  11. (vii) sustainable funding and governance for the IDS;


  12. (viii) the role of data federation; and


  13. (ix) the timeline for implementing the IDS.


  14. 42-165-6. Participating agencies.


  15. (a) Participating agencies shall transfer data, as applicable, to the RILDS in accordance


  16. with the data security policies as approved by the board, and pursuant to the requirements of state


  17. and federal privacy laws and policies.


  18. (b) Any agencies providing data on a recurring basis to the RILDS shall provide a

    1. representative to the board and be governed in the same manner as the initial agencies and entities


    2. and shall be subject to applicable board policies.


    3. 42-165-7. The Rhode Island longitudinal data system center.


    4. (a) Purpose. The purpose of the center is to manage and operate the RILDS and conduct


    5. research and evaluate programs regarding federal, state, and local programs and policies. The center


    6. shall be managed by an executive director (hereafter the “director”) responsible for the daily


    7. management and operations of the center. The director will also be responsible for interfacing and


    8. collaborating between the board and the data governance committee, as well as external


    9. communications and agreements. The director shall be a non-classified employee of the council on


    10. postsecondary education under the supervision of and subject to the authority of the commissioner


    11. of postsecondary education.


    12. (b) Powers and Duties.


    13. The duties of the center shall be to:


    14. (1) Act as an authorized representative, research partner, and business associate of the


    15. state’s agencies, including those responsible for education and workforce, under and in accordance


    16. with the requirements of applicable federal and state statutes and/or state and federal privacy laws


    17. and state security policies;


    18. (2) Enter into memoranda of understanding with state agencies, non-profits, universities,


    19. subnational 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 in 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;

      1. (10) Enter into contracts or other agreements with appropriate entities, including but not


      2. limited to universities, and federal, state, and local agencies, to the extent necessary to carry out its


      3. duties and responsibilities only if such contracts or agreements incorporate adequate protections


      4. with respect to the privacy and security of any information to be shared, and are approved, in


      5. writing, by the applicable agency whose data or information is to be shared, and are allowable


      6. under applicable 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


      34. system- non-federal grants.” The express purpose of this account is to record receipts and

  1. expenditures of the program herein described and established within this section.


  2. SECTION 11. Sections 46-12.9-3, 46-12.9-5 and 46-12.9-11 of the General Laws in


  3. Chapter 46-12.9 entitled “Rhode Island Underground Storage Tank Financial Responsibility Act”


  4. are hereby amended to read as follows:


  5. 46-12.9-3. Definitions.


  6. When used in this chapter:


  7. (1) "Advisory board" means the Rhode Island underground storage tank financial


  8. responsibility advisory board established pursuant to the provisions of § 46-12.9-8.


  9. (2 )(1) "Department" means the Rhode Island department of environmental management.


  10. (3)(2) "Director" means the director of the department of environmental management, or


  11. his or her designee.


  12. (4)(3) "Eligible costs" means costs, expenses, and other obligations as incurred by a


  13. responsible party for site investigation, site remediation, or other corrective action activities ordered


  14. or directed, and approved, by the department or performed by the responsible party and not


  15. specifically identified by the department as ineligible.


  16. (5)(4) "Facility" means any parcel of real estate or contiguous parcels of real estate owned


  17. and/or operated by the same person(s), which together with all land, structures, facility components,


  18. improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit


  19. and at which petroleum products or hazardous materials are or have been stored in underground


  20. storage tanks.


  21. (6)(5) "Fund" means the Rhode Island underground storage tank financial responsibility


  22. fund established herein.


  23. (7)(6) "Operator" means any person in control of, or having the responsibility for, the daily


  24. operation of an underground storage tank system.


  25. (8)(7) "Owner" means any person, corporation, group, or other entity who or that holds


  26. exclusive or joint title to, or lawful possession of, a facility or part of a facility.


  27. (9)(8) "Petroleum product" means crude oil, or any fractions thereof, that is liquid at


  28. standard conditions of temperature sixty degrees Fahrenheit (60°F) and pressure fourteen and seven


  29. tenths pounds per square inch absolute (14.7 psia) and includes substances derived from crude oil


  30. including, but not limited to, the following:


  31. (i) Gasoline;


  32. (ii) Fuel Oils;


  33. (iii) Diesel Oils;


  34. (iv) Waste Oils;

  1. (v) Gasohol, lubricants and solvents.


  2. (10)(9) "Release" means any spilling, leaking, pumping, pouring, injecting, emitting,


  3. escaping, leaching, discharging, or disposing of any material stored in an underground storage tank


  4. system subject to these regulations into groundwater, surface water, soil, air, or any other


  5. environmental media.


  6. (11)(10) "Responsible party" means the person or persons liable for release of petroleum


  7. or the remediation of a release.


  8. (12)(11) "Site" means any location at which, or from which, there has been a release of


  9. petroleum associated with an underground storage tank or an underground storage tank system, or


  10. any location to which such petroleum has migrated.


  11. (13)(12) "UST" or "Underground storage tank system" means any one or more


  12. underground tanks, and their associated components, including piping, used to contain, transport,


  13. or store petroleum product or hazardous material whose volume is ten percent (10%) or more


  14. beneath the surface of the ground.


  15. 46-12.9-5. Purpose of fund.


  16. (a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking


  17. underground storage tanks, underground storage tank systems, including those located on sites in


  18. order to protect the environment, including drinking water supplies and public health.


  19. (b) The fund shall provide reimbursement to responsible parties for the eligible costs


  20. incurred by them as a result of releases of certain petroleum from underground storage tanks or


  21. underground storage tank systems as provided herein. Monies in the fund shall be dispensed only


  22. upon the order of the department for the following purposes:


  23. (1) The fund shall pay not more than one million dollars ($1,000,000) per incident, and up


  24. to two million dollars ($2,000,000) in the aggregate, for damages of eligible costs, as defined in


  25. regulations promulgated hereunder and, as further defined in § 46-12.9-3, excluding legal costs and


  26. expenses, incurred by a responsible party as a result of a release of petroleum from an underground


  27. storage tank or underground storage tank system; provided, however, that a responsible party may


  28. be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;


  29. (2) Reimbursement for any third-party claim including, but not limited to, claims for bodily


  30. injury, property damage, and damage to natural resources that are asserted against a responsible


  31. party and that have arisen as a result of a release of petroleum from an underground storage tank


  32. or underground storage tank system, in an amount not to exceed one million dollars ($1,000,000)


  33. for each release as set forth in subsection (b)(1); provided, that such claims are found by the


  34. department to be justified, reasonable, related to the release of petroleum, and not excessive or

  1. spurious in nature;


  2. (3) Costs incurred by the department in carrying out the investigative, remedial, and


  3. corrective action activities at sites of a petroleum release associated with an underground storage


  4. tank or underground storage tank system where the responsible party fails to comply with an order


  5. of the department to undertake such activities. In the event of such failure or documented inability


  6. to comply, the department may access the fund to perform the ordered work and may proceed to


  7. recover from the responsible party, on behalf of the fund, any amount expended from the fund by


  8. the department;


  9. (4) Nothing contained in this chapter shall be construed to prevent subrogation by the state


  10. of Rhode Island against any responsible party, other than the owner and/or operator, for all sums


  11. of money that the fund shall be obligated to pay hereunder, plus reasonable attorney's fees and costs


  12. of litigation and such right of subrogation is hereby created; and


  13. (5) Eligible costs incurred by the department to support the fund, including, but not limited


  14. to, all personnel support to process and review claims in order to formulate recommendations for


  15. reimbursement for consideration, and providing meeting space for board meetings; provided,


  16. however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed


  17. from the fund for administrative purposes during any fiscal year. The department shall directly


  18. access the fund, pursuant to the limits set forth in subdivision (b)(1) of this section, to pay for such


  19. expenses.


20 (6) [Deleted by P.L. 2016, ch. 148, § 1 and P.L. 2016, ch. 160, § 1].


21 46-12.9-11. Fundings.


  1. (a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01)


  2. per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is


  3. sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible


  4. to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to


  5. recover the fee from the person who ordered the product, the distributor shall nonetheless remit to


  6. the tax administrator the regulatory fee associated with the delivery. In accordance with the


  7. regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode


  8. Island division of taxation as a separate, line-item entry, on a quarterly tax report by those persons


  9. charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be


  10. administered and collected by the division of taxation. Notwithstanding the provisions of this


  11. section, the fee shall not be applicable to purchases by the United States government.


  12. (b) Of the one-cent-per-gallon ($0.01) environmental protection regulatory fee collected


  13. by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent

  1. ($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant


  2. to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection


  3. regulatory fees paid to the department shall be received by the department, which shall keep such


  4. money in a distinct, interest-bearing, restricted-receipt account to the credit of, and for the exclusive


  5. use of, the fund provided that for the period January 1, 2008, through June 30, 2008, all revenues


  6. generated by the environmental protection regulatory fee, up to a maximum of two million dollars


  7. ($2,000,000), shall be deposited into the general fund. In fiscal year 2009, all revenues generated


  8. by the environmental protection regulatory fee, up to a maximum equivalent to two million two


  9. hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the


  10. intermodal surface transportation fund. All fees collected may be invested as provided by law and


  11. all interest received on such investment shall be credited to the fund.


  12. (c) When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of


  13. the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all


  14. persons responsible for the collection, reporting, and payments of the fee of the suspension. In the


  15. event that the account balance of the fund subsequently is reduced to a sum less than five million


  16. dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of


  17. taxation, following proper notice thereof, and once reinstated, the collection, reporting, and


  18. payment of the fee shall continue until the account balance again reaches the sum of eight million


  19. dollars ($8,000,000).


  20. (d) Upon the determination by the advisory board and the department that the fund has


  21. reached a balance sufficient to satisfy all pending or future claims, the advisory board department


  22. shall recommend to the general assembly the discontinuation of the imposition of the fee created


  23. in this section.


  24. SECTION 12. Section 46-12.9-8 of the General Laws in Chapter 46-12.9 entitled “Rhode


  25. Island Underground Storage Tank Financial Responsibility Act” is hereby repealed.


  26. 46-12.9-8. Advisory board.


  27. (a) There is hereby authorized, created, and established the "underground storage tank


  28. advisory board," to have such powers as are provided herein.


  29. (b) The advisory board shall consist of seven (7) members, as follows: the director of the


  30. department of environmental management, or his or her designee, who shall be a subordinate within


  31. the department of environmental management. The governor, with the advice and consent of the


  32. senate, shall appoint six (6) public members, one of whom shall have expertise and experience in


  33. financial matters. In making these appointments the governor shall give due consideration to


  34. recommendations from the American Petroleum Institute, the Independent Oil Marketers

  1. Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers


  2. Association, and the Rhode Island Marine Trade Association. The newly appointed members will


  3. serve for a term of three (3) years commencing on the day they are qualified. Any vacancy which


4 may occur on the board shall be filled by the governor, with the advice and consent of the senate,


  1. for the remainder of the unexpired term in the same manner as the member's predecessor as


  2. prescribed in this section. The members of the board shall be eligible to succeed themselves.


  3. Members shall serve until their successors are appointed and qualified. No one shall be eligible for


  4. appointment unless he or she is a resident of this state. The members of the board shall serve without


  5. compensation. Those members of the board, as of the effective date of this act [July 15, 2005], who


  6. were appointed to the board by members of the general assembly, shall cease to be members of the


  7. board on the effective date of this act, and the governor shall thereupon nominate three (3)


  8. members, each of whom shall serve the balance of the unexpired term of his or her predecessor.


  9. Those members of the board, as of the effective date of this act [July 15, 2005], who were appointed


  10. to the board by the governor, shall continue to serve the balance of their current terms. Thereafter,


  11. the appointments shall be made by the governor as prescribed in this section.


  12. (c) The advisory board shall meet at the call of the chair. All meetings shall be held


  13. consistent with chapter 46 of title 42.


  14. (d) The advisory board and its corporate existence shall continue until terminated by law.


  15. Upon termination of the existence of the advisory board, all its rights and properties shall pass to


  16. and be vested in the state.


  17. (e) The advisory board shall have the following powers and duties, together with all powers


  18. incidental thereto or necessary for the performance of those stated in this chapter:


  19. (1) To elect or appoint officers and agents of the advisory board, and to define their duties:


  20. (2) To make and alter bylaws, not inconsistent with this chapter, for the administration of


  21. the affairs of the advisory board. Such bylaws may contain provisions indemnifying any person


  22. who is, or was, a director or a member of the advisory board, in the manner and to the extent


  23. provided in § 7-6-6 of the Rhode Island nonprofit corporation act;


  24. (3) To oversee, review, and evaluate the condition and performance of the underground


  25. storage tank fund and approve and submit an annual report after the end of each fiscal year to the


  26. governor, the speaker of the house of representatives, the president of the senate, and the secretary


  27. of state, of its activities during that fiscal year. The report shall provide information provided by


  28. the department, including: an operating statement summarizing meetings held, including meeting


  29. minutes, subjects addressed, and decisions rendered; a summary of the advisory board's actions,


  30. fees levied, collected, or received, as prescribed in §§ 46-12.9-7 and 46-12.9-11, claims submitted,

  1. verified, approved, modified, and denied, as prescribed in § 46-12.9-7, and reconsideration hearings


  2. held; a synopsis of any law suits or other legal matters related to the fund; and a summary of


  3. performance during the previous fiscal year, including accomplishments, shortcomings, and


  4. remedies; a briefing on anticipated activities in the upcoming fiscal year; and findings and


  5. recommendations for improvements; and a summary of any training courses held pursuant to


  6. subdivision (e)(4). The report shall be posted electronically as prescribed in § 42-20-8.2. The


  7. advisory board may make recommendations or suggestions on the claims process and/or the


  8. condition and management of the fund, and the department shall respond, in writing, to any of these


  9. suggestions or recommendations; and


  10. (4) To conduct a training course for newly appointed and qualified members and new


  11. designees of ex-officio members within six (6) months of their qualification or designation. The


  12. course shall be developed by the executive director, approved by the board, and conducted by the


  13. executive director. The board may approve the use of any board or staff members or other


  14. individuals to assist with training. The training course shall include instruction in the following


  15. areas: the provisions of chapter 12.9 of title 46, chapter 46 of title 42, chapter 14 of title 36 and


  16. chapter 2 of title 38; and the board's rules and regulations. The director of the department of


  17. administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare


  18. and disseminate training materials relating to the provisions of chapter 14 of title 36, chapter 2 of


  19. title 38, and chapter 46 of title 42.


  20. (f) Upon the passage of this act and the appointment and qualification of the three (3) new


  21. members prescribed in subsection (b), the board shall elect, from among its members, a chair.


  22. Thereafter, the board shall elect annually, in February, a chair from among the members. The board


23 may elect, from among its members, such other officers as it deems necessary.


  1. (g) Four (4) members of the board shall constitute a quorum and the vote of the majority


  2. of the members present shall be necessary and shall suffice for any action taken by the board. No


  3. vacancy in the membership of the board shall impair the right of a quorum to exercise all of the


  4. rights and perform all of the duties of the board.


  5. (h) Members of the board shall be removable by the governor pursuant to § 36-1-7 and


  6. removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall


  7. be unlawful.


  8. SECTION 13. This article shall take effect upon passage.

    =======

    art.004/7/004/6/004/5/004/4/004/3/004/2/004/1

    =======


    1. ARTICLE 4 AS AMENDED


    2. RELATING TO TAXES



    3. SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by


    4. adding thereto the following chapter:


    5. CHAPTER 5.3


    6. STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION


    7. 44-5.3-1. Municipal tangible property tax exemption.


    8. (a) Notwithstanding the provisions of chapter 5 of this title or any other provisions of law


    9. to the contrary, in an effort to provide relief for businesses, including small businesses, and to


    10. promote economic development, a city, town, or fire district shall provide each tangible property


    11. taxpayer on the aggregate amount of all ratable, tangible personal property not otherwise exempt


    12. from taxation an exemption from taxation of fifty thousand dollars ($50,000) applicable to the


    13. assessment date of December 31, 2023 and for each assessment date thereafter. All ratable,


    14. tangible, personal property valued above fifty thousand dollars ($50,000) remains subject to


    15. taxation.


    16. (b) Individual personal exemptions granted to tangible property taxpayers in any city, town,


    17. or fire district at the time of the effective date of this chapter shall be applied to assessed values


    18. prior to applying the statewide exemption provided in this section in order that any lost revenue to


    19. be reimbursed pursuant to this chapter for each respective city, town, or fire district shall not include


    20. revenue loss resulting from these individual personal exemptions.


    21. (c) Exemptions existing and uniformly applied to all tangible property taxpayers in any


    22. city, town, or fire district at the time of the effective date of this chapter shall be disregarded in


    23. order that any lost revenue to be reimbursed pursuant to this chapter for each respective city, town,


    24. or fire district shall include revenue loss resulting from such pre-existing uniform exemptions.


    25. 44-5.3-2. Reimbursement of lost tax revenue.


    26. (a) Beginning in fiscal year 2025 and for each fiscal year thereafter, cities, towns, and fire


    27. districts shall receive reimbursements, as set forth in this section, from state general revenues for


    28. lost tax revenues due to the reduction of the tangible property tax resulting from the statewide


    29. exemption set forth in § 44-5.3-1.


    30. (b) Beginning in fiscal year 2025, and for each fiscal year thereafter, cities, towns, and fire

      1. districts shall receive a reimbursement equal to the tangible property levy for the assessment date


      2. of December 31, 2022, minus the tangible personal property levy for the assessment date of


3 December 31, 2023.


4 (c) Reimbursements shall be distributed in full to cities, towns, and fire districts on


5 September 30, 2024 and every September 30 thereafter; provided, however, that reimbursement


  1. shall not be provided to any city, town, or fire district in any year in which it has failed to provide


  2. to the division of municipal finance its certified tax roll in accordance with § 44-5-22 or any other


  3. information required by the division of municipal finance to calculate the reimbursement amount.


  4. 44-5.3-3. Tangible property tax rate cap.


  5. (a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of


  6. property that includes tangible personal property for any city, town, or fire district shall be capped


  7. and shall not exceed thereafter the tax rate in effect for the assessment date of December 31, 2022.


  8. (b) Notwithstanding any other provision of law to the contrary, for assessment dates on and


  9. after December 31, 2023, any city, town, or fire district shall be permitted to tax all other classes


  10. of property, or where no classification has been enacted all other types of property, at a different


  11. tax rate than the tax rate for tangible personal property required by subsection (a) of this section.


  12. 44-5.3-4. Removal of certain limitations and requirements.


  13. For assessment dates on or after December 31, 2023, tangible tax rates shall be disregarded


  14. for purposes of compliance with limitations on the extent to which the effective tax rate of one class


  15. of property may exceed that of another, or requirements that the same percentage rate change be


  16. applied across property classes from one year to the next, under § 44-5-11.8 or any other similar


  17. statutory provision applicable to a city, town, or fire district.


  18. 44-5.3-5. Application.


  19. The statewide exemption set forth in this chapter shall not apply to:


  20. (1) Public service corporation tangible property subject to taxation pursuant to § 44-13-13;


  21. and


  22. (2) Renewable energy resources and associated equipment subject to taxation pursuant to


28 § 44-5-3(c).


  1. SECTION 2. Chapter 44-13 of the General Laws entitled “Public Service Corporation Tax”


  2. is hereby amended by adding thereto the following section:


  3. 44-13-37. Temporary Relief from the Gross Earnings Tax on Electricity and Gas.


  4. (a) As used in this section:


  5. (1) “Electric utility customer” means an individual or business who purchases electricity


  6. from a utility company during any of the months between and including December 2023 through

    1 March 2024.


    1. (2) “Gas utility customer” means an individual or business who purchases natural gas from


    2. a utility company during any of the months between and including December 2023 through March


    3. 2024.


    4. (3) “Utility company” means any entity that qualifies as a “public service company”


    5. pursuant to § 44-13-2.1 and a “corporation” for the purposes of § 44-13-4(2) or § 44-13-4(6) and


    6. sells electricity to an electric utility customer or sells natural gas to a gas utility customer for any


    7. of the months between and including December 2023 through March 2024.


    8. (b) (1) A utility company may be eligible for a rebate payment in the amount of the public


    9. service corporation tax due pursuant to § 44-13-4 that would be charged to its electric utility


    10. customers or its gas utility customers for the months of December 2023 through March 2024. For


    11. the months of December 2023 through March 2024:


    12. (i) A utility company shall pay the public service corporation tax pursuant to, and in


    13. accordance with, § 44-13-4;


    14. (ii) A utility company shall not charge any electric utility customer or any gas utility


    15. customer the tax due or paid pursuant to § 44-13-4, but shall continue to reflect the amount of the


    16. tax due along with an offsetting credit on each bill for each electric utility customer or gas utility


    17. customer.


    18. (2) The rebate amount shall be determined by the division of taxation based on the


    19. applicable tax paid by a utility company for electricity consumption by its electric utility customers


    20. and/or for gas consumption by its gas utility customers between and including the months of


22 December 2023 and March 2024.


  1. (3) The utility company must apply for a rebate on such forms and in such a manner as


  2. prescribed by the division of taxation on or before May 31, 2024 and the rebate will be paid by the


  3. division of taxation to the utility company.


  4. (4) Rebate payments made under this subsection shall not be subject to offset and shall not


  5. be considered gross earnings for the purposes of the public service corporation tax under this


  6. chapter.


  7. (5) In no event shall the rebate amount provided for in this section accrue interest for the


  8. benefit of any utility company. The utility company shall not charge an electric utility customer or


  9. a gas utility customer any fees or charges associated with the amounts qualifying for a rebate in


  10. accordance with this section.


  11. (6) In addition to all other penalties provided under Rhode Island state law, any utility


  12. company that submits a fraudulent application or fails to otherwise comply with the terms of this

  1. section for the December 2023 through March 2024 period shall pay a ten dollar ($10.00) penalty


  2. per registered active account. The utility company shall pay any rebate amount fraudulently


  3. received to the division of taxation and credit the electric utility customer or gas utility customer


  4. for any amounts fraudulently or improperly claimed by the utility company and paid by the electric


  5. utility customer or gas utility customer. The tax administrator shall have the same powers to collect


  6. payment under this subsection as under title 44 of the general laws.


  7. (7) If an electric utility customer or a gas utility customer erroneously pays to the utility


  8. company the tax due for the December 2023 through March 2024 period, or any portion thereof,


  9. the utility company must refund the customer within thirty (30) days of the customer remitting the


  10. payment.


  11. (8) If any provision of this section or the application thereof is held invalid, such invalidity


  12. shall not affect the provisions of this section which can be given effect without the invalid


  13. provisions. Notwithstanding this subsection, all other subsections of this chapter shall remain in


  14. full force and effect.


  15. SECTION 3. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal


  16. Income Tax" is hereby amended to read as follows:


  17. 44-30-2.6. Rhode Island taxable income — Rate of tax.


  18. (a) “Rhode Island taxable income” means federal taxable income as determined under the


  19. Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-


  20. deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax


  21. Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of


  22. 2001 (EGTRRA), and as modified by the modifications in § 44-30-12.


  23. (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on


  24. or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island


  25. taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five


  26. and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002


  27. and thereafter of the federal income tax rates, including capital gains rates and any other special


  28. rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately


  29. prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA);


  30. provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable


  31. year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal


  32. Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a


  33. taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or


  34. her personal income tax liability.

    1. (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative


    2. minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island


    3. alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by


    4. multiplying the federal tentative minimum tax without allowing for the increased exemptions under


    5. the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251


    6. Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year


    7. 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product


    8. to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s


    9. Rhode Island alternative minimum tax.


    10. (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption


    11. amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by


    12. the tax administrator in the manner prescribed for adjustment by the commissioner of Internal


    13. Revenue in 26 U.S.C. § 1(f).


    14. (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode


    15. Island taxable income shall be determined by deducting from federal adjusted gross income as


    16. defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island


    17. itemized-deduction amount and the Rhode Island exemption amount as determined in this section.


    18. (A) Tax imposed.


    19. (1) There is hereby imposed on the taxable income of married individuals filing joint


    20. returns and surviving spouses a tax determined in accordance with the following table:


    21. If taxable income is: The tax is:


    22. Not over $53,150 3.75% of taxable income


    23. Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150


    24. Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500


    25. Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850


    26. Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700


    27. (2) There is hereby imposed on the taxable income of every head of household a tax


    28. determined in accordance with the following table:


    29. If taxable income is: The tax is:


    30. Not over $42,650 3.75% of taxable income


    31. Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650


    32. Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100


    33. Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350


    34. Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700

      1. (3) There is hereby imposed on the taxable income of unmarried individuals (other than


      2. surviving spouses and heads of households) a tax determined in accordance with the following


      3. table:


      4. If taxable income is: The tax is:


      5. Not over $31,850 3.75% of taxable income


      6. Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850


      7. Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100


      8. Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850


      9. Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700


      10. (4) There is hereby imposed on the taxable income of married individuals filing separate


      11. returns and bankruptcy estates a tax deter- mined in accordance with the following table:


      12. If taxable income is: The tax is:


      13. Not over $26,575 3.75% of taxable income


      14. Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575


      15. Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250


      16. Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925


      17. Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850


      18. (5) There is hereby imposed a taxable income of an estate or trust a tax determined in


      19. accordance with the following table:


      20. If taxable income is: The tax is:


      21. Not over $2,150 3.75% of taxable income


      22. Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150


      23. Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000


      24. Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650


      25. Over $10,450 $737.50 plus 9.90% of the excess over $10,450


      26. (6) Adjustments for inflation.


      27. The dollars amount contained in paragraph (A) shall be increased by an amount equal to:


      28. (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;


      29. (b) The cost-of-living adjustment determined under section (J) with a base year of 1993;


      30. (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making


      31. adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall


      32. be determined under section (J) by substituting “1994” for “1993.”


      33. (B) Maximum capital gains rates.


      34. (1) In general.

  1. If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax


  2. imposed by this section for such taxable year shall not exceed the sum of:


  3. (a) 2.5% of the net capital gain as reported for federal income tax purposes under section


4 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b).


5 (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.


6 § 1(h)(1)(c).


7 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26


8 U.S.C. § 1(h)(1)(d).


  1. (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.


    10 § 1(h)(1)(e).


    1. (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain


    2. shall be determined under subdivision 44-30-2.6(c)(2)(A).


    3. (C) Itemized deductions.


    4. (1) In general.


    5. For the purposes of section (2), “itemized deductions” means the amount of federal


    6. itemized deductions as modified by the modifications in § 44-30-12.


    7. (2) Individuals who do not itemize their deductions.


    8. In the case of an individual who does not elect to itemize his deductions for the taxable


    9. year, they may elect to take a standard deduction.


    10. (3) Basic standard deduction.


    11. The Rhode Island standard deduction shall be allowed in accordance with the following


    12. table:


    13. Filing status Amount


    14. Single $5,350


    15. Married filing jointly or qualifying widow(er) $8,900


    16. Married filing separately $4,450


    17. Head of Household $7,850


    18. (4) Additional standard deduction for the aged and blind.


    19. An additional standard deduction shall be allowed for individuals age sixty-five (65) or


    20. older or blind in the amount of $1,300 for individuals who are not married and $1,050 for


    21. individuals who are married.


    22. (5) Limitation on basic standard deduction in the case of certain dependents.


    23. In the case of an individual to whom a deduction under section (E) is allowable to another


    24. taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:

      1 (a) $850;


      1. (b) The sum of $300 and such individual’s earned income;


      2. (6) Certain individuals not eligible for standard deduction.


      3. In the case of:


      4. (a) A married individual filing a separate return where either spouse itemizes deductions;


      5. (b) Nonresident alien individual;


      6. (c) An estate or trust;


      7. The standard deduction shall be zero.


      8. (7) Adjustments for inflation.


      9. Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount


      10. equal to:


      11. (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied


      12. by


      13. (b) The cost-of-living adjustment determined under section (J) with a base year of 1988.


      14. (D) Overall limitation on itemized deductions.


      15. (1) General rule.


      16. In the case of an individual whose adjusted gross income as modified by § 44-30-12


      17. exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the


      18. taxable year shall be reduced by the lesser of:


      19. (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12


      20. over the applicable amount; or


      21. (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for


      22. such taxable year.


      23. (2) Applicable amount.


      24. (a) In general.


      25. For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the


      26. case of a separate return by a married individual)


      27. (b) Adjustments for inflation.


      28. Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:


      29. (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by


      30. (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.


      31. (3) Phase-out of Limitation.


      32. (a) In general.


      33. In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,

        1. the reduction under section (1) shall be equal to the applicable fraction of the amount which would


        2. be the amount of such reduction.


        3. (b) Applicable fraction.


        4. For purposes of paragraph (a), the applicable fraction shall be determined in accordance


        5. with the following table:


        6. For taxable years beginning in calendar year The applicable fraction is


    7 2006 and 2007 ⅔


    8 2008 and 2009 ⅓


    1. (E) Exemption amount.


    2. (1) In general.


    3. Except as otherwise provided in this subsection, the term “exemption amount” means


    12 $3,400.


    1. (2) Exemption amount disallowed in case of certain dependents.


    2. In the case of an individual with respect to whom a deduction under this section is allowable


    3. to another taxpayer for the same taxable year, the exemption amount applicable to such individual


    4. for such individual's taxable year shall be zero.


    5. (3) Adjustments for inflation.


    6. The dollar amount contained in paragraph (1) shall be increased by an amount equal to:


    7. (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by


    8. (b) The cost-of-living adjustment determined under section (J) with a base year of 1989.


    9. (4) Limitation.


    10. (a) In general.


    11. In the case of any taxpayer whose adjusted gross income as modified for the taxable year


    12. exceeds the threshold amount shall be reduced by the applicable percentage.


    13. (b) Applicable percentage.


    14. In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the


    15. threshold amount, the exemption amount shall be reduced by two (2) percentage points for each


    16. $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year


    17. exceeds the threshold amount. In the case of a married individual filing a separate return, the


    18. preceding sentence shall be applied by substituting ‘‘$1,250’’ for ‘‘$2,500.’’ In no event shall the


    19. applicable percentage exceed one hundred percent (100%).


    20. (c) Threshold Amount.


    21. For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with


    22. the following table:

      1. Filing status Amount


      2. Single $156,400


      3. Married filing jointly of qualifying widow(er) $234,600


      4. Married filing separately $117,300


      5. Head of Household $195,500


      6. (d) Adjustments for inflation.


      7. Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:


      8. (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by


      9. (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.


      10. (5) Phase-out of limitation.


      11. (a) In general.


      12. In the case of taxable years beginning after December 31, 2005, and before January 1,


      13. 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which


      14. would be the amount of such reduction.


      15. (b) Applicable fraction.


      16. For the purposes of paragraph (a), the applicable fraction shall be determined in accordance


      17. with the following table:


      18. For taxable years beginning in calendar year The applicable fraction is


    19 2006 and 2007 ⅔


    20 2008 and 2009 ⅓


    1. (F) Alternative minimum tax.


    2. (1) General rule. There is hereby imposed (in addition to any other tax imposed by this


    3. subtitle) a tax equal to the excess (if any) of:


    4. (a) The tentative minimum tax for the taxable year, over


    5. (b) The regular tax for the taxable year.


    6. (2) The tentative minimum tax for the taxable year is the sum of:


    7. (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus


    8. (b) 7.0 percent of so much of the taxable excess above $175,000.


    9. (3) The amount determined under the preceding sentence shall be reduced by the alternative


    10. minimum tax foreign tax credit for the taxable year.


    11. (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so


    12. much of the federal alternative minimum taxable income as modified by the modifications in § 44-


    13. 30-12 as exceeds the exemption amount.


    14. (5) In the case of a married individual filing a separate return, subparagraph (2) shall be

      1. applied by substituting “$87,500” for $175,000 each place it appears.


      2. (6) Exemption amount.


      3. For purposes of this section "exemption amount" means:


    4 Filing status

    Amount

    5 Single

    $39,150

    6 Married filing jointly or qualifying widow(er)

    $53,700

    7 Married filing separately

    $26,850

    8 Head of Household

    $39,150

    9 Estate or trust

    $24,650


  2. (7) Treatment of unearned income of minor children


  3. (a) In general.


  4. In the case of a minor child, the exemption amount for purposes of section (6) shall not


  5. exceed the sum of:


  6. (i) Such child's earned income, plus


  7. (ii) $6,000.


  8. (8) Adjustments for inflation.


  9. The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount


  10. equal to:


  11. (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by


  12. (b) The cost-of-living adjustment determined under section (J) with a base year of 2004.


  13. (9) Phase-out.


  14. (a) In general.


  15. The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount


  16. equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income


  17. of the taxpayer exceeds the threshold amount.


  18. (b) Threshold amount.


  19. For purposes of this paragraph, the term “threshold amount” shall be determined with the


28

following table:


29


Filing status

Amount

30


Single

$123,250

31


Married filing jointly or qualifying widow(er)

$164,350

32


Married filing separately

$82,175

33


Head of Household

$123,250

34


Estate or Trust

$82,150

  1. (c) Adjustments for inflation


  2. Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:


  3. (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by


  4. (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.


  5. (G) Other Rhode Island taxes.


  6. (1) General rule. There is hereby imposed (in addition to any other tax imposed by this


  7. subtitle) a tax equal to twenty-five percent (25%) of:


  8. (a) The Federal income tax on lump-sum distributions.


  9. (b) The Federal income tax on parents' election to report child's interest and dividends.


  10. (c) The recapture of Federal tax credits that were previously claimed on Rhode Island


  11. return.


  12. (H) Tax for children under 18 with investment income.


  13. (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:


  14. (a) The Federal tax for children under the age of 18 with investment income.


  15. (I) Averaging of farm income.


  16. (1) General rule. At the election of an individual engaged in a farming business or fishing


  17. business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:


  18. (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §


19 1301].


  1. (J) Cost-of-living adjustment.


  2. (1) In general.


  3. The cost-of-living adjustment for any calendar year is the percentage (if any) by which:


  4. (a) The CPI for the preceding calendar year exceeds


  5. (b) The CPI for the base year.


  6. (2) CPI for any calendar year.


  7. For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer


  8. price index as of the close of the twelve (12) month period ending on August 31 of such calendar


  9. year.


  10. (3) Consumer price index.


  11. For purposes of paragraph (2), the term “consumer price index” means the last consumer


  12. price index for all urban consumers published by the department of labor. For purposes of the


  13. preceding sentence, the revision of the consumer price index that is most consistent with the


  14. consumer price index for calendar year 1986 shall be used.


  15. (4) Rounding.

  1. (a) In general.


  2. If any increase determined under paragraph (1) is not a multiple of $50, such increase shall


  3. be rounded to the next lowest multiple of $50.


  4. (b) In the case of a married individual filing a separate return, subparagraph (a) shall be


  5. applied by substituting “$25” for $50 each place it appears.


  6. (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer


  7. entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to


  8. a credit against the Rhode Island tax imposed under this section:


9 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.]


  1. (2) Child and dependent care credit;


  2. (3) General business credits;


  3. (4) Credit for elderly or the disabled;


  4. (5) Credit for prior year minimum tax;


  5. (6) Mortgage interest credit;


  6. (7) Empowerment zone employment credit;


  7. (8) Qualified electric vehicle credit.


  8. (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006,


  9. a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island


  10. tax imposed under this section if the adopted child was under the care, custody, or supervision of


  11. the Rhode Island department of children, youth and families prior to the adoption.


  12. (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits


  13. provided there shall be no deduction based on any federal credits enacted after January 1, 1996,


  14. including the rate reduction credit provided by the federal Economic Growth and Tax


  15. Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be


  16. reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax


  17. purposes shall determine the Rhode Island amount to be recaptured in the same manner as


  18. prescribed in this subsection.


  19. (N) Rhode Island earned-income credit.


  20. (1) In general.


  21. For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-


  22. income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent


  23. (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode


  24. Island income tax.


  25. For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer

    1. entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit


    2. equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the


    3. amount of the Rhode Island income tax.


    4. For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-


    5. income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half


    6. percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the


    7. Rhode Island income tax.


    8. For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-


    9. income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)


    10. of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island


    11. income tax.


    12. For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned-


    13. income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%)


    14. of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island


    15. income tax.


    16. (2) Refundable portion.


    17. In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this


    18. section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall


    19. be allowed as follows.


    20. (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable


    21. earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-


    22. income credit exceeds the Rhode Island income tax.


    23. (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)


    24. refundable earned-income credit means one hundred percent (100%) of the amount by which the


    25. Rhode Island earned-income credit exceeds the Rhode Island income tax.


    26. (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs


    27. (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years


    28. thereafter for inclusion in the statute.


    29. (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode


    30. Island taxable income” means federal adjusted gross income as determined under the Internal


    31. Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-


    32. 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph


    33. 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph


    34. 44-30-2.6(c)(3)(C).

      1. (A) Tax imposed.


      2. (I) There is hereby imposed on the taxable income of married individuals filing joint


      3. returns, qualifying widow(er), every head of household, unmarried individuals, married individuals


      4. filing separate returns and bankruptcy estates, a tax determined in accordance with the following


5

table:


6

RI Taxable Income



RI Income Tax

7

Over

But not over

Pay + % on Excess

on the amount over

8

$ 0 -

$ 55,000

$ 0 + 3.75%

$ 0

9

55,000 -

125,000

2,063 + 4.75%

55,000

10

125,000 -


5,388 + 5.99%

125,000


  1. (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in


  2. accordance with the following table:


13

RI Taxable Income



RI Income Tax

14

Over

But not over

Pay + % on Excess

on the amount over

15

$ 0 -

$ 2,230

$ 0 + 3.75%

$ 0

16

2,230 -

7,022

84 + 4.75%

2,230

17

7,022 -


312 + 5.99%

7,022


  1. (B) Deductions:


  2. (I) Rhode Island Basic Standard Deduction.


  3. Only the Rhode Island standard deduction shall be allowed in accordance with the


  4. following table:


  5. Filing status: Amount


  6. Single $7,500


  7. Married filing jointly or qualifying widow(er) $15,000


  8. Married filing separately $7,500


  9. Head of Household $11,250


  10. (II) Nonresident alien individuals, estates and trusts are not eligible for standard


  11. deductions.


  12. (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island


  13. purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand


  14. dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage.


  15. The term “applicable percentage” means twenty (20) percentage points for each five thousand


  16. dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable


  17. year exceeds one hundred seventy-five thousand dollars ($175,000).

    1. (C) Exemption Amount:


    2. (I) The term “exemption amount” means three thousand five hundred dollars ($3,500)


    3. multiplied by the number of exemptions allowed for the taxable year for federal income tax


    4. purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same


    5. 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


    6. Jobs Act (Pub. L. No. 115-97) on December 22, 2017.


    7. (II) Exemption amount disallowed in case of certain dependents. In the case of an


    8. individual with respect to whom a deduction under this section is allowable to another taxpayer for


    9. the same taxable year, the exemption amount applicable to such individual for such individual’s


    10. taxable year shall be zero.


    11. (III) Identifying information required.


    12. (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be


    13. allowed under this section with respect to any individual unless the Taxpayer Identification Number


    14. of such individual is included on the federal return claiming the exemption for the same tax filing


    15. period.


    16. (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event


    17. that the Taxpayer Identification Number for each individual is not required to be included on the


    18. federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer


    19. Identification Number must be provided on the Rhode Island tax return for the purpose of claiming


    20. said exemption(s).


    21. (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island


    22. purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand


    23. dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term


    24. “applicable percentage” means twenty (20) percentage points for each five thousand dollars


    25. ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year


    26. exceeds one hundred seventy-five thousand dollars ($175,000).


    27. (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-


    28. 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


    29. equal to:


    30. (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B)


    31. and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;


    32. (II) The cost-of-living adjustment with a base year of 2000.


    33. (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is


    34. the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

  1. the consumer price index for the base year. The consumer price index for any calendar year is the


  2. average of the consumer price index as of the close of the twelve-month (12) period ending on


3 August 31, of such calendar year.


  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


20 in § 44-33-1 et seq.


  1. (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax


  2. credit as provided in § 44-30.3-1 et seq.


  3. (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to


  4. other states pursuant to § 44-30-74.


  5. (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit


  6. as provided in § 44-33.2-1 et seq.


  7. (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture


  8. production tax credit as provided in § 44-31.2-1 et seq.


  9. (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of


  10. the federal child and dependent care credit allowable for the taxable year for federal purposes;


  11. provided, however, such credit shall not exceed the Rhode Island tax liability.


  12. (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for


  13. contributions to scholarship organizations as provided in chapter 62 of title 44.


  14. (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable

    1. as if no withholding were required, but any amount of Rhode Island personal income tax actually


    2. deducted and withheld in any calendar year shall be deemed to have been paid to the tax


    3. administrator on behalf of the person from whom withheld, and the person shall be credited with


    4. having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable


    5. year of less than twelve (12) months, the credit shall be made under regulations of the tax


    6. administrator.


    7. (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in


    8. RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.


    9. (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in


10 § 42-64.20-1 et seq.


  1. (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode


  2. Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.


  3. (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,


  4. unused carryforward for such credit previously issued shall be allowed for the historic


  5. homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already


  6. issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits


  7. under the historic homeownership assistance act.


  8. (2) Except as provided in section 1 above, no other state and federal tax credit shall be


  9. available to the taxpayers in computing tax liability under this chapter.


  10. SECTION 4. Section 44-30-101 of the General Laws in Chapter 44-30 entitled "Personal


  11. Income Tax" is hereby amended to read as follows:


  12. 44-30-101. Requirements concerning qualifying health insurance coverage.


  13. (a) Definitions. For purposes of this section:


  14. (1) “Applicable individual” has the same meaning as set forth in 26 U.S.C. § 5000A(d).


  15. (2) “Minimum essential coverage” has the same meaning as set forth in 26 U.S. C. §


26 5000A(f).


  1. (3) “Shared responsibility payment penalty” means the penalty imposed pursuant to


  2. subsection (c) of this section.


  3. (4) “Taxpayer” means any resident individual, as defined in § 44-30-5.


  4. (b) Requirement to maintain minimum essential coverage. Every applicable individual


  5. must maintain minimum essential coverage for each month beginning after December 31, 2019.


  6. (c) Shared responsibility payment penalty imposed for failing to maintain minimum


  7. essential coverage. As of January 1, 2020, every applicable individual required to file a personal


  8. income tax return pursuant to § 44-30-51, shall indicate on the return, in a manner to be prescribed

  1. by the tax administrator, whether and for what period of time during the relevant tax year the


  2. individual and his or her spouse and dependents who are applicable individuals were covered by


  3. minimum essential coverage. If a return submitted pursuant to this subsection fails to indicate that


  4. coverage was in force or indicates that any applicable individuals did not have coverage in force, a


  5. shared responsibility payment penalty shall hereby be assessed as a tax on the return.


  6. (d) Shared responsibility payment penalty calculation. Except as provided in subsection


  7. (e), the shared responsibility payment penalty imposed shall be equal to a taxpayer’s federal shared


  8. responsibility payment for the taxable year under section 5000A of the Internal Revenue Code of


  9. 1986, as amended, and as in effect on the 15th day of December 2017.


  10. (e) Exceptions.


  11. (1) Penalty cap. The amount of the shared responsibility payment penalty imposed under


  12. this section shall be determined, if applicable, using the statewide average premium for bronze-


  13. level plans offered through the Rhode Island health benefits exchange rather than the national


  14. average premium for bronze-level plans.


  15. (2) Hardship exemption determinations. Determinations as to hardship exemptions shall be


  16. made by the exchange under § 42-157-11.


  17. (3) Religious conscience exemption determinations. Determinations as to religious


  18. conscience exemptions shall be made by the exchange under § 42-157-11.


  19. (4) Taxpayers with gross income below state filing threshold. No penalty shall be imposed


  20. under this section with respect to any applicable individual for any month during a calendar year if


  21. the taxpayer’s household income for the taxable year as described in section 1412(b)(1)(B) of the


  22. Patient Protection and Affordable Care Act is less than the amount of gross income requiring the


  23. taxpayer to file a return as set forth in § 44-30-51.


  24. (5) Out of state residents. No penalty shall be imposed by this section with respect to any


  25. applicable individual for any month during which the individual is a bona fide resident of another


  26. state.


  27. (6) Individual on Medicaid. No penalty shall be imposed by this section with respect to any


  28. applicable individual who is enrolled in the Medicaid program through December 31, 2023.


  29. (f) Health insurance market integrity fund. The tax administrator is authorized to withhold


  30. from any state tax refund due to the taxpayer an amount equal to the calculated shared responsibility


  31. payment penalty and shall place those amounts in the health insurance market integrity fund created


  32. pursuant to § 42-157.1-5.


  33. (g) Deficiency. If, upon examination of a taxpayer’s return, the tax administrator


  34. determines there is a deficiency because any refund due to the taxpayer is insufficient to satisfy the

  1. shared responsibility penalty or because there was no refund due, the tax administrator may notify


  2. the taxpayer of the deficiency in accordance with § 44-30-81 and interest shall accrue on the


  3. deficiency as set forth in § 44-30-84. All monies collected on the deficiency shall be placed in the


  4. health insurance market integrity fund created pursuant to § 42-157.1-5.


  5. (h) Application of federal law. The shared responsibility payment penalty shall be assessed


  6. and collected as set forth in this chapter and, where applicable, consistent with regulations


  7. promulgated by the federal government, the exchange, and/or the tax administrator. Any federal


  8. regulation implementing section 5000A of the Internal Revenue Code of 1986, as amended, and in


  9. effect on the 15th day of December 2017, shall apply as though incorporated into the Rhode Island


  10. code of regulations. Federal guidance interpreting these federal regulations shall similarly apply.


  11. Except as provided in subsections (j) and (k) of this section, all references to federal law shall be


  12. construed as references to federal law as in effect on December 15, 2017, including applicable


  13. regulations and administrative guidance that were in effect as of that date.


  14. (i) Unavailability of federal premium tax credits. For any taxable year in which federal


  15. premium tax credits available pursuant to 26 U.S.C. section 36B become unavailable due to the


  16. federal government repealing that section or failing to fund the premium tax credits, the shared


  17. responsibility payment penalty under this section shall not be enforced.


  18. (j) Imposition of federal shared responsibility payment. For any taxable year in which a


  19. federal penalty under section 5000A of the Internal Revenue Code of 1986 is imposed on a taxpayer


  20. in an amount comparable to the shared responsibility payment penalty assessed under this section,


  21. the state penalty shall not be enforced.


  22. (k) Agency coordination. Where applicable, the tax administrator shall implement this


  23. section in consultation with the office of the health insurance commissioner, the office of


  24. management and budget, the executive office of health and human services, and the Rhode Island


  25. health benefits exchange.


  26. SECTION 5. The title of Chapter 44-44 of the General Laws entitled "Taxation of Beverage


  27. Containers, Hard-To-Dispose Material and Litter Control Participation Permittee" is hereby


  28. amended to read as follows:


  29. CHAPTER 44-44


  30. Taxation of Beverage Containers, Hard-To-Dispose Material and Litter Control Participation


  31. Permittee


  32. CHAPTER 44-44


  33. TAXATION OF BEVERAGE CONTAINERS AND HARD-TO-DISPOSE MATERIAL


    34

    1 SECTION 6. Sections 44-44-2, 44-44-17, 44-44-18, 44-44-19, 44-44-20 and 44-


    1. 44-22 of the General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-


    2. To-Dispose Material and Litter Control Participation Permittee" are hereby amended to read as


    3. follows:


    4. 44-44-2. Definitions.


    5. As used in this chapter:


    6. (1) “Beverage” means all non-alcoholic drinks for human consumption, except milk but


    7. including beer and other malt beverages.


    8. (2) “Beverage container” means any sealable bottle, can, jar, or carton which contains a


    9. beverage.


    10. (3) “Beverage retailer” means any person who engages in the sale of a beverage container


    11. to a consumer within the state of Rhode Island, including any operator of a vending machine.


    12. (4) “Beverage wholesaler” means any person who engages in the sale of beverage


    13. containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who


    14. engages in those sales.


    15. (5) “Case” means:


    16. (i) Forty-eight (48) beverage containers sold or offered for sale within this state when each


    17. beverage container has a liquid capacity of seven (7) fluid ounces or less;


    18. (ii) Twenty-four (24) beverage containers sold or offered for sale within this state when


    19. each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or


    20. equal to sixteen and nine tenths (16.9) fluid ounces;


    21. (iii) Twelve (12) beverage containers sold or offered for sale within this state when each


    22. beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but


    23. less than thirty-three and nine tenths (33.9) fluid ounces; and


    24. (iv) Six (6) beverage containers sold or offered for sale within this state when each


    25. beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more.


    26. (6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.


    27. (7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.


    28. (8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.


    29. (9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.


    30. (10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.


    31. (11)(6) “Consumer” means any person who purchases a beverage in a beverage container


    32. for use or consumption with no intent to resell that filled beverage container.


    33. (12) “Gross receipts” means those receipts reported for each location to the tax

      1. administrator included in the measure of tax imposed under chapter 18 of this title, as amended.


      2. For those persons having multiple locations’ receipts reported to the tax administrator the “gross


      3. receipts” to be aggregated shall be determined by each individual sales tax permit number. The


      4. term gross receipts shall be computed without deduction for retail sales of items in activities other


      5. than those which this state is prohibited from taxing under the constitution of the United States.


      6. (13)(7) “Hard-to-dispose material” is as defined in § 37-15.1-3.


      7. (14)(8) “Hard-to-dispose material retailer” means any person who engages in the retail sale


      8. of hard-to-dispose material (as defined in § 37-15.1-3) in this state.


      9. (15)(9) “Hard-to-dispose material wholesaler” means any person, wherever located, who


      10. engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in


      11. this state (including manufacturers, refiners, and distributors and retailers), and to other persons as


      12. defined above.


      13. (16)(10) “New vehicle” means any mode of transportation for which a certificate of title is


      14. required pursuant to title 31 and for which a certificate of title has not been previously issued in


      15. this state or any other state or country.


      16. (17)(11) “Organic solvent” is as defined in § 37-15.1-3.


      17. (18)(12) “Person” means any natural person, corporation, partnership, joint venture,


      18. association, proprietorship, firm, or other business entity.


      19. (19) “Prior calendar year” means the period beginning with January 1 and ending with


20 December 31 immediately preceding the permit application due date.


  1. (20) “Qualifying activities” means selling or offering for retail sale food or beverages for


  2. immediate consumption and/or packaged for sale on a take out or to go basis regardless of whether


  3. or not the items are subsequently actually eaten on or off the vendor’s premises.


  4. (21)(13) “Vending machine” means a self-contained automatic device that dispenses for


  5. sale foods, beverages, or confection products.


  6. 44-44-17. Deficiency determination — Determination without return.


  7. If any hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or


  8. beverage wholesaler or litter control participation permittee fails to file a return or application or to


  9. keep records described in § 44-44-8, or if the tax administrator is not satisfied with the amount of


  10. taxes or fees paid to him or her, the tax administrator may compute and determine the amount


  11. required by this chapter to be paid to him or her upon the basis of the facts contained in the returns


  12. or applications which have been filed or upon the basis of any information in the tax administrator’s


  13. possession or that may come into his or her possession.


  14. 44-44-18. Notice of determination.

  1. The tax administrator shall give written notice of his or her determination to the beverage


  2. wholesaler or litter control participation permittee or hard-to-dispose material wholesaler or hard-


  3. to-dispose material retailer or person. Except in the case of fraud or failure to make a return, or


  4. noncompliance with § 44-44-8, every notice of determination shall be mailed within three (3) years


  5. of the date the taxes first became due. The amount of this determination shall bear interest at the


  6. rate prescribed in § 44-1-7 from the date when taxes should have been paid until the date of


  7. payment.


  8. 44-44-19. Payment of refunds.


  9. Whenever the tax administrator shall determine that any beverage wholesaler or hard-to-


  10. dispose material wholesaler or hard-to-dispose material retailer or person or litter control


  11. participation permittee is entitled to a refund of any moneys paid under the provisions of this


  12. chapter, or whenever a court of competent jurisdiction orders a refund of any moneys paid, the


  13. general treasurer shall, upon certification by the tax administrator, pay the refund from any moneys


  14. in the litter control account or hard-to-dispose material account other than those moneys already


  15. appropriated for the administration of the taxes and programs entitled by this chapter and § 37-15-


  16. 13; provided, that no refund shall be allowed unless a claim for a refund is filed with the tax


  17. administrator within three (3) years from the date the overpayment was made. Every claim for a


  18. refund shall be made in writing, shall be in a form, and shall present only information that the tax


  19. administrator may, by regulation, require. Within thirty (30) days after disallowing any claim in


  20. whole or in part the tax administrator shall give written notice of his or her decision to the beverage


  21. wholesaler or hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or


  22. litter control participation permittee. A refund of less than ten dollars ($10.00) will not be


  23. processed, but may be credited to the following month’s return without interest.


  24. 44-44-20. Hearing on application by beverage wholesaler or litter control


  25. participation permittee Hearing on application.


  26. Any person aggrieved by any assessment or decision of the tax administrator shall notify


  27. the tax administrator and request a hearing, in writing, within thirty (30) days from the date of


  28. mailing of the assessment or decision. The tax administrator or a hearing officer designated by the


  29. tax administrator shall, as soon as practicable, fix a time and place for the hearing and, after the


  30. hearing, determine the correct amount of the tax and interest.


  31. 44-44-22. Information confidential.


  32. It shall be unlawful for any state official or employee to divulge or to make known to any


  33. person in any manner not provided by law the amount or source of income, profits, losses,


  34. expenditures, or any particular of these set forth or disclosed in any return, permit application or

  1. other record required under this chapter, or to permit any return, permit application, or other record


  2. required by this chapter or copy of a record, or any book containing any abstract or particulars to


  3. be seen or examined by any person except as provided by law. Any offense against this provision


  4. shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not


  5. exceeding one year, or both, at the discretion of the court.


6 SECTION 7. Sections 44-44-3.1, 44-44-3.2, 44-44-3.3, 44-44-3.4 and 44-44-3.5 of the


  1. General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-To-Dispose


  2. Material and Litter Control Participation Permittee" are hereby repealed.


  3. 44-44-3.1. Permit required.


  4. Commencing August 1, 1988, every person engaging in, or desiring to engage in activities


  5. described in § 44-44-2(20), shall annually file an application with the tax administrator for a litter


  6. control participation permit, hereinafter called a “permit”, for each place of business in Rhode


  7. Island. In those cases where the only qualifying activity is the operation of vending machines, the


  8. person shall either obtain a Class A permit for each vending machine or obtain a permit based on


  9. total gross receipts. All applications shall be in a form, including information and bearing signatures


  10. that the tax administrator may require. At the time of making an application, the applicant shall pay


  11. the tax administrator a permit fee based as follows:


  12. (1) For the applicant whose gross receipts for the prior calendar year measured less than


  13. fifty thousand dollars ($50,000), a fee of twenty-five dollars ($25.00);


  14. (2) For the applicant whose gross receipts for the prior calendar year measured at least fifty


  15. thousand dollars ($50,000), but less than one hundred thousand dollars ($100,000), a fee of thirty-


  16. five dollars ($35.00);


  17. (3) For the applicant whose gross receipts for the calendar year measured at least one


  18. hundred thousand dollars ($100,000), but less than four hundred thousand dollars ($400,000), a fee


  19. of seventy-five dollars ($75.00);


  20. (4) For the applicant whose gross receipts for the prior calendar year measured at least four


  21. hundred thousand dollars ($400,000), but less than one million dollars ($1,000,000), a fee of one


  22. hundred dollars ($100); and


  23. (5) For the applicant whose gross receipts for the prior calendar year measured one million


  24. dollars ($1,000,000) or more, a fee of one hundred twenty-five dollars ($125) for each one million


  25. dollars ($1,000,000) or fraction of this amount. The fee in this subdivision shall not exceed the sum


  26. of one thousand dollars ($1,000) for each permit at each place of business in Rhode Island when


  27. the “qualifying activities” referred to in this section and defined in § 44-44-2(20) and the sale of


  28. food products do not exceed ten percent (10%) of the gross receipts for each permit.

    1. 44-44-3.2. Penalty for operation without a permit — Injunctive relief.


    2. (a) Any person who engages (or the officer of a corporation engaged) in activities described


    3. in § 44-44-2(20) without the permit required by this chapter shall be guilty of a misdemeanor and


    4. shall, for each offense, be fined not more than one thousand dollars ($1,000), or be imprisoned for


    5. not more than one year, or punished by both a fine and imprisonment. Each day in which a person


    6. is so engaged shall constitute a separate offense.


    7. (b) The superior court of this state shall have jurisdiction of restraining any person from


    8. engaging in activities described in § 44-44-2(20) without the proper permit as prescribed in this


    9. chapter. The tax administrator may institute proceedings to prevent and restrain violations of this


    10. chapter.


    11. 44-44-3.3. Partial periods.


    12. (a)(1) Each applicant which did not do business at a particular location during the prior


    13. calendar year for the purposes of determining the proper fee in accordance with § 44-44-3.1 may,


    14. for application purposes, only apply for a Class A permit for that location.


    15. (2) For purposes of this section, the term “applicant” shall not include any person who


    16. purchases an ongoing business and continues to operate the same type of business from the same


    17. location without interruption of thirty (30) days or more immediately following the purchase of the


    18. business.


    19. (b) Any permittee ceasing business at a location before the annual expiration date of permit


    20. shall return the permit to the tax administrator for cancellation.


    21. (c) The fees set forth in § 44-44-3.1 are neither proratable nor refundable for partial periods


    22. of operation at a specific location.


    23. (d) A person who purchases an ongoing business and continues to operate the business in


    24. the same location in a calendar year for which the prior permit holder has paid the applicable fee


25 may obtain a permit for the remainder of that calendar year upon payment of a twenty-five dollar


26 ($25.00) fee.


  1. 44-44-3.4. Issuance of permit — Assignment prohibited — Display.


  2. Upon receipt of the required application and permit fee, the tax administrator shall issue to


  3. the applicant a separate permit for each location in Rhode Island. A permit is not assignable and is


  4. valid only for the person in whose name it was issued and only for the business location shown in


  5. the permit. It shall at all times be conspicuously displayed at the location for which it was issued.


  6. 44-44-3.5. Application due date — Weekends and holidays — Mailing.


  7. (a) Each applicant shall apply for a permit prior to engaging in the activities described in §


  8. 44-44-2(20) for each location in Rhode Island and, after this, shall annually reapply on or before

    1 August 1 of each year.


    1. (b) When the application due date, or any other due date for activity by an applicant or


    2. permittee, falls on a Saturday, Sunday, or Rhode Island legal holiday, the application or activity


    3. will be considered timely if it is performed on the next succeeding day which is not a Saturday,


    4. Sunday, or Rhode Island legal holiday.


    5. (c) When any application, payment or other document required to be filed on or before a


    6. prescribed date set forth in this chapter is delivered after the required date by United States Post


    7. Office to the tax administrator, office, officer, or person with which or with whom the document is


    8. required to be filed, the date on which the document is dated by the post office shall be deemed to


    9. be the date of delivery. This subsection shall apply only if the document was, within the prescribed


    10. time, deposited in the mail with United States postage prepaid and properly addressed.


    11. SECTION 8. Section 44-62-3 of the General Laws in Chapter 44-62 entitled "Tax Credits


    12. for Contributions to Scholarship Organizations" is hereby amended to read as follows:


    13. 44-62-3. Application for the tax credit program.


    14. (a) Prior to the contribution, a business entity shall apply in writing to the division of


    15. taxation. The application shall contain such information and certification as the tax administrator


    16. deems necessary for the proper administration of this chapter. A business entity shall be approved


    17. if it meets the criteria of this chapter; the dollar amount of the applied for tax credit is no greater


    18. than one hundred thousand dollars ($100,000) in any tax year, and the scholarship organization that


    19. is to receive the contribution has qualified under § 44-62-2.


    20. (b) Approvals for contributions under this section shall be made available by the division


    21. of taxation on a first-come-first-serve basis. The total aggregate amount of all tax credits approved


    22. shall not exceed one million five hundred thousand dollars ($1,500,000) one million six hundred


    23. thousand dollars ($1,600,000) in a fiscal year.


    24. (c) The division of taxation shall notify the business entity in writing within thirty (30)


    25. days of the receipt of application of the division’s approval or rejection of the application.


    26. (d) Unless the contribution is part of a two-year plan, the actual cash contribution by the


    27. business entity to a qualified scholarship organization must be made no later than one hundred


    28. twenty (120) days following the approval of its application. If the contribution is part of a two-year


    29. plan, the first year’s contribution follows the general rule and the second year’s contribution must


    30. be made in the subsequent calendar year by the same date.


    31. (e) The contributions must be those charitable contributions made in cash as set forth in


    32. the Internal Revenue Code.


    33. SECTION 9. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid"

      1. is hereby amended to read as follows:


      2. 45-13-14. Adjustments to tax levy, assessed value, and full value when computing state


      3. aid.


      4. (a) Whenever the director of revenue computes the relative wealth of municipalities for the


      5. purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or


      6. she shall base it on the full value of all property except:


      7. (1) That exempted from taxation by acts of the general assembly and reimbursed under §


      8. 45-13-5.1, which shall have its value calculated as if the payment in lieu of tax revenues received


      9. pursuant to § 45-13-5.1, has resulted from a tax levy;


      10. (2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by


      11. a special public law or by reason of agreements between a municipality and the economic


      12. development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not


      13. have its value included;


      14. (3) That whose tax levy or assessed value is based on tax treaty agreements or tax


      15. stabilization agreements in force prior to May 15, 2005, which shall not have its value included;


      16. (4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,


17 2005;


  1. (5) Any other property exempt from taxation under state law;


  2. (6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space


  3. Land; or


  4. (7) Any property exempt from taxation, in whole or in part, under the provisions of


22 subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, § 44-5.3-1, or any other


  1. provision of law that enables a city, town, or fire district to establish a tangible personal property


  2. exemption, which shall have its value calculated as the full value of the property minus the


  3. exemption amount.


  4. (b) The tax levy of each municipality and fire district shall be adjusted for any real estate


  5. and personal property exempt from taxation by act of the general assembly by the amount of


  6. payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating


  7. to property tax from certain exempt private and state properties, and for any property subject to any


  8. payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in


  9. force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such


  10. agreements.


  11. (c) Fire district tax levies within a city or town shall be included as part of the total levy


  12. attributable to that city or town.

    1. (d) The changes as required by subsections (a) through (c) of this section shall be


    2. incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008


    3. and thereafter.


    4. SECTION 10. Sections 5 through 8 of this article shall take effect on January 1, 2024. The


    5. remaining sections of this article shall take effect upon passage.

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art.005/4/005/3/005/2/005/1

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  1. ARTICLE 5 AS AMENDED


  2. RELATING TO ENERGY AND THE ENVIRONMENT



  3. SECTION 1. Section 23-82-6 of the General Laws in Chapter 23-82 entitled


  4. "Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as


  5. follows:


  6. 23-82-6. Use of auction or sale proceeds.


  7. (a) The proceeds from the auction or sale of the allowances shall be used for the benefit of


  8. energy consumers through investment in the most cost-effective available projects that can reduce


  9. long-term consumer energy demands and costs. Such proceeds may be used only for the following


  10. purposes, in a proportion to be determined annually by the office in consultation with the council


  11. and the board:


  12. (1) Promotion of cost-effective energy efficiency and conservation in order to achieve the


13 purposes of § 39-1-27.7;


  1. (2) Promotion of cost-effective renewable non-carbon emitting energy technologies in


  2. Rhode Island as defined in § 39-26-5 and to achieve the purposes of chapter 26 of title 39 entitled


  3. “Renewable Energy Standard”;


  4. (3) Cost-effective direct rate relief for consumers;


  5. (4) Direct rate relief for low-income consumers;


  6. (5) Reasonable compensation to an entity selected to administer the auction or sale; and


  7. (6) Reasonable costs of the department of environmental management and office of energy


  8. resources in administering this program, as well as other climate change, energy efficiency, and


  9. renewable program efforts of the department of environmental management and office of energy


  10. resources, which shall not in any year exceed three hundred thousand dollars ($300,000) or ten


  11. percent (10%) of the proceeds from sale or auction of the allowances, whichever is greater.


  12. Administrative funds not expended in any fiscal year shall remain in the administrative account to


  13. be used as needed in subsequent years. The office of energy resources shall have the ability to apply


  14. administrative funds not used in a fiscal year to achieve the purpose of this section. The funds


  15. deposited into the administrative funds account shall be exempt from the indirect cost recovery


  16. provisions of § 35-4-27;


  17. (7) For fiscal year 2023 only, the office of energy resources shall transfer $3,000,000 from

    1. unallocated auction proceeds to the executive climate change coordinating council restricted receipt


    2. account to maintain funding for the existing electric vehicle and electric bicycle incentive programs


    3. and to support other projects; and


    4. (8) Provided however, effective for fiscal year 2024 and thereafter, sale of allowances


    5. yielding in excess of four million five hundred thousand dollars ($4,500,000) per auction shall be


    6. transferred to the Rhode Island office of energy resources, on behalf of the executive climate change


    7. coordinating council, for climate change related initiatives. The executive climate change


    8. coordinating council shall have exclusive authority to direct the use of these funds pursuant to §


    9. 42-6.2-3.1. The office of energy resources may act on behalf of the executive climate change


    10. coordinating council to disburse these funds. Provided further, that any transfer of allowances in a


    11. single fiscal year, pursuant to this section shall not exceed one million five hundred thousand


    12. dollars ($1,500,000).


    13. (b) Any interest earned on the funds so generated must be credited to the fund. Funds not


    14. spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon


    15. reduction programs.


    16. (c) Annually, the office, in consultation with council and board, shall prepare a draft


    17. proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be


    18. designed to augment and coordinate with existing energy efficiency and renewable energy


    19. programs, and shall not propose use of auction proceeds for projects already funded under other


    20. programs. The proposal for allocation of proceeds in subsections (a)(1), (2), and (3) shall be one


    21. that best achieves the purposes of the law, namely, lowering carbon emissions and minimizing costs


    22. to consumers over the long term. The office shall hold a public hearing and accept public comment


    23. on the draft proposal in accordance with chapter 35 of title 42 (the “Administrative Procedure Act”).


    24. Once the proposal is final, the office shall authorize the disbursement of funds in accordance with


    25. the final plan.


    26. (d) The office shall prepare, in consultation with council and board, a report by April 15 of


    27. each year describing the implementation and operation of RGGI, the revenues collected and the


    28. expenditures, including funds that were allocated to the energy efficiency and renewable energy


    29. programs, and the individuals, businesses and vendors that received funding, made under this


    30. section, the statewide energy efficiency and carbon reduction programs, and any recommendations


    31. for changes to law relating to the state’s energy conservation or carbon reduction efforts. The report


    32. shall be made public and be posted electronically on the website of the office of energy resources


    33. and shall also be submitted to the general assembly.


    34. SECTION 2. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled “Duties of

      1. Utilities and Carriers” is hereby amended to read as follows:


      2. 39-2-1.2. Utility base rate — Advertising, demand-side management, and renewables.


      3. (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or


      4. providing heat, electricity, or water to or for the public shall include as part of its base rate any


      5. expenses for advertising, either direct or indirect, that promotes the use of its product or service, or


      6. is designed to promote the public image of the industry. No public utility may furnish support of


      7. any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and


      8. include the expense as part of its base rate. Nothing contained in this section shall be deemed as


      9. prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or


      10. educational in nature, that is designed to promote public safety conservation of the public utility's


      11. product or service. The public utilities commission shall promulgate such rules and regulations as


      12. are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,


      13. and to otherwise effectuate the provisions of this section.


      14. (b) Effective as of January 1, 2008, and for a period of twenty (20) years thereafter, each


      15. electric distribution company shall include a charge per kilowatt-hour delivered to fund demand-


      16. side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy


      17. programs shall remain in effect until December 31, 2028. The electric distribution company shall


      18. establish and, after July 1, 2007, maintain, two (2) separate accounts, one for demand-side


      19. management programs (the "demand-side account"), which shall be funded by the electric demand-


      20. side charge and administered and implemented by the distribution company, subject to the


      21. regulatory reviewing authority of the commission, and one for renewable energy programs, which


      22. shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2 and shall


      23. be held and disbursed by the distribution company as directed by the Rhode Island commerce


      24. corporation for the purposes of developing, promoting, and supporting renewable energy programs.


      25. During the time periods established in this subsection, the commission may, in its


      26. discretion, after notice and public hearing, increase the sums for demand-side management and


      27. renewable resources. In addition, the commission shall, after notice and public hearing, determine


      28. the appropriate charge for these programs. The office of energy resources, and/or the administrator


      29. of the renewable energy programs, may seek to secure for the state an equitable and reasonable


      30. portion of renewable energy credits or certificates created by private projects funded through those


      31. programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation


      32. technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and


      33. on-grid generating technologies located in Rhode Island, as a priority; (2) Research and


      34. development activities in Rhode Island pertaining to eligible renewable energy resources and to

  1. other renewable energy technologies for electrical generation; or (3) Projects and activities directly


  2. related to implementing eligible renewable energy resources projects in Rhode Island.


  3. Technologies for converting solar energy for space heating or generating domestic hot water may


  4. also be funded through the renewable energy programs. Fuel cells may be considered an energy


  5. efficiency technology to be included in demand-side management programs. Special rates for low-


  6. income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these


  7. discounts shall be included in the distribution rates charged to all other customers. Nothing in this


  8. section shall be construed as prohibiting an electric distribution company from offering any special


  9. rates or programs for low-income customers which are not in effect as of August 7, 1996, subject


  10. to the approval by the commission.


  11. (1) The renewable energy investment programs shall be administered pursuant to rules


  12. established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria


  13. to rank qualified renewable energy projects, giving consideration to:


  14. (i) The feasibility of project completion;


  15. (ii) The anticipated amount of renewable energy the project will produce;


  16. (iii) The potential of the project to mitigate energy costs over the life of the project; and


  17. (iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.


  18. (c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]


  19. (d) The chief executive officer of the commerce corporation is authorized and may enter


  20. into a contract with a contractor for the cost-effective administration of the renewable energy


  21. programs funded by this section. A competitive bid and contract award for administration of the


  22. renewable energy programs may occur every three (3) years and shall include, as a condition, that


  23. after July 1, 2008, the account for the renewable energy programs shall be maintained and


  24. administered by the commerce corporation as provided for in subsection (b) of this section.


  25. (e) Effective January 1, 2007, and for a period of twenty-one (21) years thereafter, each


  26. gas distribution company shall include, with the approval of the commission, a charge per deca


  27. therm delivered to fund demand-side management programs (the "gas demand-side charge"),


  28. including, but not limited to, programs for cost-effective energy efficiency, energy conservation,


  29. combined heat and power systems, and weatherization services for low-income households.


  30. (f) Each gas company shall establish a separate account for demand-side management


  31. programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and


  32. administered and implemented by the distribution company, subject to the regulatory reviewing


  33. authority of the commission. The commission may establish administrative mechanisms and


  34. procedures that are similar to those for electric demand-side management programs administered

  1. under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and


  2. high, life-time savings of efficiency measures supported by the program.


  3. (g) The commission may, if reasonable and feasible, except from this demand-side


  4. management charge:


  5. (1) Gas used for distribution generation; and


  6. (2) Gas used for the manufacturing processes, where the customer has established a self-


  7. directed program to invest in and achieve best-effective energy efficiency in accordance with a plan


  8. approved by the commission and subject to periodic review and approval by the commission, which


  9. plan shall require annual reporting of the amount invested and the return on investments in terms


  10. of gas savings.


  11. (h) The commission may provide for the coordinated and/or integrated administration of


  12. electric and gas demand-side management programs in order to enhance the effectiveness of the


  13. programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the


  14. recommendation of the office of energy resources, be through one or more third-party entities


  15. designated by the commission pursuant to a competitive selection process.


  16. (i) Effective January 1, 2007, the commission shall allocate, from demand-side


  17. management gas and electric funds authorized pursuant to this section, an amount not to exceed


  18. three percent (3%) of such funds on an annual basis for the retention of expert consultants, and


  19. reasonable administration costs of the energy efficiency and resources resource management


  20. council associated with planning, management, and evaluation of energy-efficiency programs,


  21. renewable energy programs, system reliability least-cost procurement, and with regulatory


  22. proceedings, contested cases, and other actions pertaining to the purposes, powers, and duties of


  23. the council, which allocation may by mutual agreement, be used in coordination with the office of


  24. energy resources to support such activities.


  25. (j) Effective January 1, 2016, the commission shall annually allocate from the


  26. administrative funding amount allocated in subsection (i) from the demand-side management


  27. program as described in subsection (i) as follows: (1) for the energy efficiency and resource


  28. management council, no more than forty percent (40%) for the purposes identified in subsection (i)


  29. and (2) sixty percent (60%) of three percent (3%) from the demand side management gas and


  30. electric funds annually to the office of energy resources for activities associated with planning,


  31. management, and evaluation of energy-efficiency programs, renewable energy programs, system


  32. reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other


  33. actions pertaining to the purposes, powers, and duties of the office of energy resources and shall


  34. have exclusive authority to direct the use of the office administrative and programmatic funds.

    1. (k) On April 15, of each year, the office and the council shall submit to the governor, the


    2. president of the senate, and the speaker of the house of representatives, separate financial and


    3. performance reports regarding the demand-side management programs, including the specific level


    4. of funds that were contributed by the residential, municipal, and commercial and industrial sectors


    5. to the overall programs; the businesses, vendors, and institutions that received funding from


    6. demand-side management gas and electric funds used for the purposes in this section; and the


    7. businesses, vendors, and institutions that received the administrative funds for the purposes in


    8. subsections (i) and (j). These reports shall be posted electronically on the websites of the office of


    9. energy resources and the energy efficiency and resources management council.


    10. (l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each


    11. electric distribution company, except for the Pascoag Utility District and Block Island Power


    12. Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge


    13. collections to the Rhode Island infrastructure bank.


    14. (m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each


    15. gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side


    16. charge collections to the Rhode Island infrastructure bank.


    17. (n) Effective January 1, 2022, the commission shall allocate, from demand-side


    18. management gas and electric funds authorized pursuant to this section, five million dollars


    19. ($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and


    20. electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this


    21. section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation,


    22. clean heating, energy storage, or demand-side management project financing program administered


    23. by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such


    24. collections set forth in this chapter. The infrastructure bank shall report annually to the commission


    25. within ninety (90) days of the end of each calendar year how collections transferred under this


    26. section were utilized.


    27. (o) The Rhode Island office of energy resources, in coordination with the energy efficiency


    28. and resource management council, and following consultation with the public utilities commission


    29. and division of public utilities and carriers, shall issue a request for proposals for the cost effective


    30. administration and implementation of statewide energy efficiency programs funded by this section


    31. no later than September 30, 2023. The draft request for proposals shall be reviewed through at least


    32. one technical session at the public utilities commission prior to issuance. Public utilities


    33. commission approval shall not be required. The Rhode Island office of energy resources, in


    34. coordination with the energy efficiency and resource management council, shall evaluate proposals

  1. and determine whether energy efficiency administration and implementation by the electric and gas


  2. distribution company or a third-party is likely to achieve the most net benefits for electric and gas


  3. customers in Rhode Island. After January 1, 2025, the office of energy resources may, periodically,


  4. and at its discretion, issue additional requests for proposals for the administration and


  5. implementation of state-wide energy efficiency programs funded through this chapter of an electric


  6. distribution company as defined in § 39-1-2(a)(12) or gas distribution company included as a


  7. public utility in § 39-1-2(a)(20) that has greater than one hundred thousand (100,000) customers.


  8. (i) Nothing in this chapter shall prohibit the electric and/or gas distribution company from


  9. submitting a proposal to administer and implement the state energy efficiency programs.


  10. (ii) If the office of energy resources, in coordination with the energy efficiency and


  11. resource management council, determines that the use of a third-party administrator is likely to


  12. achieve the most net benefits for electric and gas customers in Rhode Island, it shall file its


  13. recommendation with the public utilities commission, which shall docket and rule on the matter


  14. pursuant to its general statutory authorization.


  15. (iii) If the commission determines that the recommended third-party administrator is in the


  16. interest of Rhode Island utility customers, it shall provide for the full cost recovery for the third-


  17. party administrator consistent with the terms of the approved contract, and which shall reflect the


  18. overall annual budget approved by the commission. The third-party administrator shall be subject


  19. to all the requirements set forth for the electric and gas distribution company per § 39-1-27.7.


  20. (iv) If the commission determines that a third-party administrator will administer the state


  21. energy efficiency programs on or after June 1, 2024, the commission shall direct the gas and electric


  22. distribution company to collect and transfer the gas and electric energy efficiency funds to the third-


  23. party administrator for the annual state energy efficiency program beginning with the program year


  24. and thereafter for the remaining program years. The gas and electric distribution shall transfer the


  25. annual administrative funds to the office of energy resources and energy efficiency and resource


  26. management council.


  27. (v) If a third-party administrator implements the annual energy efficiency programs then


  28. they shall be required to develop and design the annual state energy efficiency program with the


  29. office of energy resources and energy efficiency and resource management council, including a


  30. vote by the energy efficiency and resource management council prior to the third-party


  31. administrator filing the annual program plan to the public utilities commission for review and a


  32. decision.


  33. (vi) The third-party administrator shall file the annual state energy efficiency program plan


  34. to the public utilities commission for review and approval no later than September 30, 2024, and

  1. annually thereafter on such date.


  2. (vii) The third-party administrator shall provide all information requested by the office of


  3. energy resources, energy efficiency and resource management council, division of public utilities


  4. and carriers and the public utilities commission, including responses to data requests, which are


  5. necessary for the agencies to carry out their respective oversight roles, and shall be accountable to


  6. the same standards as the utility with administering and implementing energy efficiency, system


  7. reliability and least cost procurement standards and goals in accordance with §§ 39-1-27.7 and 39-


  8. 2-1.2.


  9. (viii) If the office does not recommend advancement of a third-party administrator, the


  10. electric and gas distribution company shall continue to administer statewide energy efficiency


  11. programs.


  12. SECTION 3. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby


  13. amended by adding thereto the following section:


  14. 42-6.2-3.1. Funding for the council.


  15. There is hereby established a restricted receipt account in the general fund of the state and


  16. housed in the budget of the department of administration entitled "RGGI-executive climate change


  17. coordinating council projects." The express purpose of this account is to record receipts and


  18. expenditures allocated pursuant to § 23-82-6(7).


  19. The Rhode Island executive climate change coordinating council shall report annually to


  20. the governor and general assembly within one hundred twenty (120) days of the end of each


  21. calendar year how the funds were used to achieve the statutory objectives of the 2021 Act on


  22. Climate.


  23. SECTION 4. This article shall take effect upon passage.


    1. ARTICLE 6 AS AMENDED

      =======

      art.006/3/006/2

      =======


    2. RELATING TO HOUSING



    3. SECTION 1. Section 42-55-5.1 of the General Laws in chapter 42-55 entitled "Rhode


    4. Island Housing and Mortgage Finance Corporation" is hereby amended to read as follows:


    5. 42-55-5.1. Subsidiary corporations.


    6. (a) To further its purposes, the corporation shall have the power to form one or more


    7. subsidiary corporations under either § 7-1.2-1 et seq. or § 7-6-1 et seq. in accordance with the


    8. procedures therein contained. Each subsidiary corporation shall be governed by the section under


    9. which it is formed, provided that each shall be subject to the same restrictions and limitations as to


    10. its powers and purposes to which the corporation is subject under this chapter and shall be deemed


    11. a state agency only for the purposes of § 42-46-1 et seq. and § 38-2-1 et seq. The corporation may


    12. delegate any of its powers, obligations, and duties under this chapter to any subsidiary corporation


    13. by inclusion of its powers, obligations and duties in the articles of incorporation of the subsidiary


    14. corporation. Subsidiary corporations so formed shall constitute legal entities separate and distinct


    15. from each other, the corporation, and the state. The corporation shall not be liable for the debts or


    16. obligations or for any actions or inactions of its subsidiary corporations unless the corporation


    17. expressly agrees otherwise in writing. The corporation may make loans or grants to a subsidiary


    18. corporation from time to time to enable the subsidiary corporation to carry out its purposes. The


    19. commissioners of the corporation shall constitute all of the directors of each subsidiary corporation.


    20. (b) The state, any municipality or any state commission, public authority, agency, officer,


    21. department, board, or division authorized and empowered to enter into agreements with, to grant,


    22. convey, lease, or otherwise transfer any property to, or to otherwise transact business with the


    23. corporation, shall have the same authorization and power to engage in these activities with each


    24. subsidiary corporation of the corporation.


    25. (c) Any subsidiary entity of the corporation whose principal purpose is the acquisition or


    26. betterment of real property is, subject to the period of limitations set forth in § 9-1-25, liable in


    27. actions of tort only to the extent that those actions do not arise from the performance of any


    28. functions found or deemed to be essential or discretionary governmental functions. Any recovery


    29. in an action or any recovery by any person in one or more of any actions against the subsidiary


    30. entity, its directors, employees, or agents, shall not exceed one hundred thousand dollars ($100,000)

  1. per plaintiff in the absence of fraud or willful misconduct. In the absence of fraud or willful


  2. misconduct, the directors are not personally liable to any party on account of any action (whether


  3. tort or otherwise) arising from or related to the manner or terms of the disposition of the subsidiary's


  4. assets, nor shall the manner or terms of the disposition constitute a defense to any obligation owed


  5. to the corporation.


  6. SECTION 2. Section 42-55-24 of the General Laws in chapter 42-55 entitled "Tax


  7. exemption" is hereby amended to read as follows:


  8. 42-55-24. Tax exemption.


  9. The exercise of the powers granted by this chapter will be in all respects for the benefit of


  10. the people of the state, for their wellbeing and prosperity and for the improvement of their social


  11. and economic conditions, and the corporation, or any subsidiary thereof created or authorized


  12. pursuant to§ 42-55-5.1, shall not be required to pay any tax or assessment on any property owned


  13. by the corporation or by any subsidiary thereof under the provisions of this chapter or upon the


  14. income from the property; nor shall the corporation or any subsidiary thereof be required to pay


  15. any recording fee or transfer tax of any kind on account of instruments recorded by it or on its


  16. behalf. Any bonds, notes, or other obligations issued by the corporation or any subsidiary thereof


  17. under the provisions of this chapter, their transfer, and the income from them (including any profits


  18. made on their sale), shall at all times be free from taxation by the state or any political subdivision


  19. or other instrumentality of the state, excepting inheritance, estate, and gift taxes.


  20. SECTION 3. Section 42-64.34-2 of the General Laws in chapter 42-64.34 entitled "The


  21. Department of Housing" is hereby amended to read as follows:


  22. 42-64.34-2. Powers and duties.


  23. The secretary of housing shall have all powers and duties pursuant to § 42 64.19 3(a)(4).


  24. (a) The department of housing shall be the state's lead agency for housing, homelessness,


  25. and community development in the state of Rhode Island.


  26. (b) The secretary of housing shall have the following powers and duties:


  27. (1) All powers and duties pursuant to § 42-64.19-3(a)(4);


  28. (2) To supervise the work of the department of housing and to act as its chief administrative


  29. officer;


  30. (3) To coordinate the administration and financing of various departments or offices within


  31. the department of housing;


  32. (4) To serve as the governor's chief advisor and liaison to federal policymakers on housing,


  33. homelessness, and community development as well as the principal point of contact on any such


  34. related matters;

    1. (5) To coordinate the housing, homelessness, and community development programs of


    2. the state of Rhode Island and its departments, agencies, commissions, corporations, and


    3. subdivisions;


    4. (6) To employ such personnel and contracts for such consulting services as may be required


    5. to perform the powers and duties conferred upon the secretary of housing;


    6. (7) To oversee and direct the administration of funds that may be appropriated from time


    7. to time to the department of housing;


    8. (c) In addition to such other powers as may otherwise be delegated elsewhere to the


    9. department of housing, the department is hereby expressly authorized, by and through the secretary


    10. of housing:


    11. (1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and


    12. otherwise deal in and with, real or personal property, or any interest in real or personal property,


    13. wherever situated.


    14. (2) To accept any gifts or grants or loans of funds or property or financial or other aid in


    15. any form from the federal government or any agency or instrumentality of the federal government,


    16. or from the state or any agency or instrumentality of the state, or from any other source and to


    17. comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants,


    18. or loans.


    19. (3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts,


    20. agreements, and cooperative agreements with agencies and political subdivisions of the state, not-


    21. for-profit corporations, for-profit corporations, and other partnerships, associations, and persons


    22. for any lawful purpose necessary and desirable to effectuate the purposes of the department of


    23. housing; and


    24. (4) To carry out this chapter and perform the duties of the general laws and public laws


    25. insofar as those provisions relate to any regulatory areas within the jurisdiction of the department


    26. of housing.


    27. SECTION 4. Chapter 42-64.34 of the General Laws entitled "The Department of Housing"


    28. is hereby amended by adding thereto the following sections:


    29. 42-64.34-3. Rules and regulations.


    30. The secretary of housing may promulgate such rules and regulations in accordance with


    31. the provisions of chapter 35 of title 42 as are necessary and proper to carry out the duties assigned


    32. to him or her or to the department of housing by this title or any other provision of law.


    33. 42-64.34-4. Severability.


    34. If any provision of this chapter or the application thereof to any person or circumstance is

      1. held invalid, such invalidity shall not affect other provisions or applications of the chapter; which


      2. can be given effect without the invalid provision or application, and to this end the provisions of


      3. this chapter are declared to be severable.


      4. SECTION 5. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding


      5. thereto the following chapter:


      6. CHAPTER 44-71


      7. LOW-INCOME HOUSING TAX CREDITS


      8. 44-71-1. Short Title.


      9. This chapter shall be known and may be cited as the "Low-Income Housing Tax Credit


      10. Act."


      11. 44-71-2. Findings and declarations.


      12. It is hereby found and declared that the state is facing significant housing challenges, which


      13. must be addressed for the welfare of the State's residents. The purpose of the Rhode Island low-


      14. income housing tax credit established pursuant to this chapter is to increase the development and


      15. availability of affordable housing in the state.


      16. 44-71-3. Definitions.


      17. As used in this chapter:


      18. (1) "Applicant" means a developer applying for a Rhode Island low-income housing tax


      19. credit.


      20. (2) "Compliance period" means the period of fifteen (15) taxable years beginning with the


      21. taxable year in which the Rhode Island low-income housing project is completed.


      22. (3) "Department" means the Department of Housing established pursuant to § 42-64.34-1


      23. (4) "Developer" means a person, firm, business, partnership, association, political


      24. subdivision, or other entity that proposes to build or builds a qualified Rhode Island project.


      25. (5) "Eligibility statement" means a statement authorized and issued by the Department


      26. certifying that a given project is a qualified Rhode Island project and setting forth the annual amount


      27. of the Rhode Island low-income housing tax credit allocated to the project. The eligibility statement


      28. shall be on a form promulgated by the Department in consultation with the division of taxation.


      29. (6) "Federal low-income housing tax credit" means the federal tax credit as provided in


      30. section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable year.


      31. (7) "Low-income project" means a qualified low-income housing project, as defined in


      32. section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable year, which


      33. has restricted rents.


      34. (8) "Qualified Rhode Island project" means a qualified low-income housing project, as

        1. defined in section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable


        2. year, which is located in the state of Rhode Island, which meets the requirements of this chapter,


        3. and whose owner enters into a tax credit agreement with the Department.


        4. (9) "Rhode Island low-income housing tax credit" means the tax credit established pursuant


5 to § 44-71-4.


  1. (10) "Tax credit agreement" means an agreement between the owner of the qualified Rhode


  2. Island project and the Department and filed as an affordable housing restriction in the land records


  3. of the city or town where the real estate lies that requires the project to be operated in accordance


  4. with the requirements of this chapter for not less than thirty (30) years from the expiration date of


  5. the compliance period.


  6. (11) "Taxpayer" means a person, firm, partnership, trust, estate, limited liability company,


  7. corporation (whether for profit or nonprofit) or other entity having an ownership interest in a


  8. qualified Rhode Island project, either directly or through one or more pass-through entities, that is


  9. subject to the taxes imposed on such person or entity pursuant to chapter 11, 13, 14, 17 or 30 of


  10. this title.


  11. 44-71-4. Establishment of Rhode Island low-income housing tax credit program.


  12. The Rhode Island low-income housing tax credit program is hereby established as a


  13. program under the jurisdiction and administration of the Department. The program may provide


  14. tax credits for a period of five (5) years to applicants that are competitively selected and that meet


  15. the requirements of this chapter. The Department shall not obligate Rhode Island low-income


  16. housing tax credits that cumulatively total in excess of thirty million dollars ($30 million) in any


  17. fiscal year.


  18. 44-71-5. Rhode Island low-income housing tax credits.


  19. (1) A taxpayer owning an interest in a qualified Rhode Island project may be allowed a


  20. Rhode Island low-income housing tax credit against the taxes imposed pursuant to chapter 11, 13,


  21. 14, 17 or 30 of this title with respect to that qualified Rhode Island project in an amount authorized,


  22. determined, and allocated by the Department based on the qualified Rhode Island project's need for


  23. the credit for economic feasibility, provided that the Department issues an eligibility statement for


  24. that qualified Rhode Island project.


  25. (2) At the time of application to the Department for an eligibility statement, an applicant


  26. shall, through its chief executive officer or equivalent authorized officer, demonstrate to the


  27. Department that:


  28. (a) The project is a qualified Rhode Island project;


  29. (b) The owner of the qualified Rhode Island project has entered into a tax credit agreement

    1. with the Department; and


    2. (c) The applicant satisfies other additional criteria determined by the Department from time


    3. to time.


    4. (3) The Rhode Island low-income housing tax credit allocated to a taxpayer with respect


    5. to a qualified Rhode Island project shall be taken against the taxpayer's taxes imposed pursuant to


    6. chapters 11, 13, 14, 17 or 30 of this title. The amount of a tax credit allowed under this chapter


    7. shall be allowable to the taxpayer in five equal annual increments. If the portion of the tax credit


    8. allowed under this chapter exceeds the taxpayer's total tax liability for the year in which the relevant


    9. portion of the credit is taken, the amount that exceeds the taxpayer's tax liability may be carried


    10. forward for credit against the taxes imposed for the succeeding four (4) years, or until the full credit


    11. is used, whichever occurs first.


    12. (4) A qualified Rhode Island project that receives other incentives or tax credits available


    13. under the general laws of this state is also eligible to receive an allocation of Rhode Island low-


    14. income housing tax credits pursuant to this chapter.


    15. (5) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem


    16. this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division


    17. of taxation, in consultation with the department, shall establish by regulation a redemption process


    18. for tax credits.


    19. 44-71-6. Administration.


    20. (1) Upon issuance of the eligibility statement the Department shall, on behalf of the State


    21. of Rhode Island, award tax credits and issue tax credit certificates in the amount authorized and


    22. allocated in accordance with the eligibility statement and the tax credit agreement. The Department


    23. shall provide copies of eligibility statements and tax credit certificates to the division of taxation


    24. within thirty (30) days of issuance, including copies of all eligibility statements and tax credit


    25. certificates that are reissued, transferred, sold, or assigned.


    26. (2) The owner of a qualified Rhode Island project eligible for the Rhode Island low-income


    27. housing tax credit shall submit, at the time of filing the project owner's state tax return, the original


    28. tax credit certificate issued by the Department with respect to such qualified Rhode Island project.


    29. In the case of failure to attach the tax credit certificate, a credit under this section shall not be


    30. allowed with respect to such qualified Rhode Island project for that year until the original tax credit


    31. certificate is provided to the division of taxation.


    32. 44-71-7. Recapture.


    33. (1) If under Section 42 of the 1986 Internal Revenue Code, as amended, a portion of any


    34. federal low-income housing tax credits taken on a low-income project is required to be recaptured,

  1. the Rhode Island low-income housing tax credit authorized with respect to such qualified Rhode


  2. Island project shall also be recaptured. The state recapture amount shall be equal to the amount of


  3. the Rhode Island low-income housing tax credits previously claimed times a fraction, the numerator


  4. of which shall be the amount of recaptured federal low-income housing tax credits and the


  5. denominator of which shall be the amount of federal low-income housing tax credits previously


  6. claimed.


  7. (2) The Department shall provide notification of recapture determinations to the division


  8. of taxation within thirty (30) days. Such notifications shall include the proportion of the Rhode


  9. Island low-income housing tax credit to be recaptured, the identity of each taxpayer subject to the


  10. recapture and the amount of credit previously allocated to such taxpayer.


  11. 44-71-8. Transferability.


  12. All or any portion of unused tax credits issued in accordance with the provisions of this


  13. chapter may be transferred, sold, or assigned to taxpayers eligible under the provisions of this


  14. chapter.


  15. 44-71-9. Rules and regulations.


  16. The Department, in consultation with the division of taxation, shall adopt guidelines,


  17. directives, criteria, and rules and regulations pursuant to § 42-35-1 et seq. to implement the


  18. purposes of the Rhode Island low-income housing tax credit program.


19 44-71-10. Reporting.


  1. By November 1, 2024, and each year thereafter, the Department shall report to the


  2. governor, the chairpersons of the house and senate finance committees, and the house and senate


  3. fiscal advisors, the amount of Rhode Island low-income housing tax credits that were approved


  4. during the prior fiscal year. A summary of any tax credit agreements entered into under this chapter


  5. by the Department and applicants shall be sent to the division of taxation and shall be public and


  6. shall be published by the tax administrator on the tax division website.


  7. 44-71-11. Low Income Housing Tax Credit Fund.


  8. There is hereby established at the department of housing a restricted account known as the


  9. low income housing tax credit fund (the "fund") in which all amounts appropriated for the program


  10. authorized in this chapter shall be deposited. The fund shall be used for the purpose of securing


  11. payment for the redemption of tax credits or to reimbursement to the state for tax credits applied


  12. against a taxpayer's liability.


32 44-71-12. Sunset.


  1. No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2028.


  2. SECTION 6. Section 45-24-76 of the General Laws in Chapter 45-24 entitled “Zoning

    1. Ordinances” is hereby amended to read as follows:


    2. 45-24-76. Accessory dwelling units annual reporting.


    3. (a) Each municipality within the state shall furnish to the division of statewide planning


    4. Department of Housing information on:


    5. (1) Any ordinances enacted related to accessory dwelling units, including those that


    6. implement this section of law during the previous calendar year;


    7. (2) All accessory dwelling units permitted during each of the two (2) previous calendar


    8. years; and


    9. (3) All accessory dwelling units issued a certificate of occupancy during each of the two


    10. (2) previous calendar years.


    11. (b) Municipalities shall provide the information in subsection (a) annually by February 1.


    12. Statewide planning The Department of Housing shall produce an annual report of municipal


    13. activity related to accessory dwelling units, with the information identified in subsection (a) on a


    14. statewide basis and disaggregated by municipality and shall provide a copy of the report to the


    15. speaker of the house, the president of the senate and the secretary of housing by March 1.


    16. SECTION 7. Section 45-53-11 of the General Laws in Chapter 45-53 entitled “Low and


    17. Moderate Income Housing” is hereby amended to read as follows:


    18. 45-53-11. Annual comprehensive permit report.


    19. (a) The division of statewide planning (the “division”) established pursuant to chapter 11


    20. of title 42 The Department of Housing shall maintain records and shall prepare a report (“report”)


    21. on an annual basis to be submitted to the speaker of the house, the president of the senate, and the


    22. housing resources commission, and the secretary of housing. The report shall also be made


    23. available on the division’s department’s website for a period of at least three (3) years, and shall


    24. also be deemed to be a public record. The report shall be due on or before March 15, of each year,


    25. commencing in calendar year 2023.


    26. (b) The report required by this section shall contain the following for the preceding twelve-


    27. month (12) calendar period covered by the report:


    28. (1) The number of letters of eligibility issued for low- and moderate-income housing for


    29. applications made pursuant to this chapter and § 42-55-5.3, the federal, state, and municipal subsidy


    30. programs under which they were eligible, and the number of proposed subsidized units involved,


    31. by city and town, during the preceding calendar year, as provided by the Rhode Island housing


    32. corporation.


    33. (2) The status of each comprehensive permit application for which a letter of eligibility


    34. was issued disaggregated by municipality.

      1. (3) The number of comprehensive permit applications that have had building permits


      2. issued, including the number of market rate housing units, the number of low- and moderate-


      3. income housing units, and the AMI restrictions associated both pursuant to § 45-53-4, aggregated


      4. by the total number of such applications in the state and disaggregated by each municipality in the


      5. state.


      6. (4) The number of comprehensive permit applications that have had certificates of


      7. occupancy issued, aggregated by the total number of such applications in the state and


      8. disaggregated by each municipality in the state.


      9. (c) Each municipality shall annually provide to the division department the information on


      10. comprehensive permit activity described in subsection (b) of this section by February 1.


      11. SECTION 8. This article shall take effect upon passage.

        =======

        art.007/7/007/6/007/5/007/4/007/3/007/2/007/1

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        1. ARTICLE 7 AS AMENDED


        2. RELATING TO ECONOMIC DEVELOPMENT



        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.

  1. “Second-hand consignment goods” means used items, including but not limited to artwork,


  2. furniture, clothing, accessories and books that are sold by a third party, which receives a percentage


  3. of the revenue from the sale. “Resale goods” means goods, including but not limited to artwork,


  4. furniture, clothing, accessories, and books, that are purchased from the original owner and resold.


  5. “Thrift goods” means used items, including but not limited to artwork, furniture, clothing,


  6. accessories, and books, that are sold by or on behalf of a charity or non-profit organization.


  7. “Antiques” means items made in an earlier period that are collected and considered to have value


  8. because they are beautiful, rare, old, or of high quality.


  9. 5-21-2 Hearing and objections by neighboring landowners.


  10. (a) The local licensing authority of a city or town, before granting a license under this


  11. chapter to keep a shop an establishment or storehouse for the reception of any junk, old metals, or


  12. other second-hand metal articles or to establish, operate, or maintain an automobile junkyard, in


  13. any location not lawfully occupied for that purpose at the time of the application for that license,


  14. shall hold a public hearing, notice of which shall be posted at least seven (7) days but not more than


  15. fourteen (14) days prior to the hearing in not less than two (2) public places in that city or town and


  16. in a newspaper of general circulation in that city or town where the shop establishment, storehouse,


  17. or junkyard is to be established, operated, or maintained. Before the local licensing authority posts


  18. or publishes a notice of a hearing, the local licensing authority shall collect from the applicant for


  19. the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice.


  20. (b) No license shall be granted under this chapter to the keeper of any shop establishment


  21. or storehouse for the reception of any junk, old metals, or other second-hand metal articles or to a


  22. person establishing, operating, or maintaining an automobile junkyard, in any location not lawfully


  23. occupied for that purpose at the time of the application for the license, where the owners or


  24. occupants of the greater part of the land within two hundred (200) feet of that building or place file


  25. with the board, city or town council, respectively, having jurisdiction to grant licenses, their


  26. objection to the granting of the license. This subsection does not apply to any applicant who is the


  27. keeper of a shop an establishment or storehouse, or automobile junkyard, that is being acquired


  28. under eminent domain proceedings, who is applying for licensing within § 5-21-1 within the same


  29. city or town in which he or she was formerly licensed.


  30. SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby


  31. amended by adding thereto the following chapter:


  32. CHAPTER 99


  33. THE RHODE ISLAND LIFE SCIENCE HUB ACT


  34. 23-99-1. Short title.

  1. This act shall be known and may be cited as the "Rhode Island Life Science Hub Act".


  2. 23-99-2. Legislative purpose.


  3. The purpose of this chapter shall be to create and lawfully manage the Rhode Island Life


  4. Science Hub, a public corporation. The Rhode Island Life Science Hub shall be the central entity


  5. and coordinating organization of life science initiatives on behalf of the state and shall:


  6. (1) Facilitate the development of medical advances and scientific breakthroughs with


  7. companies who specialize in the fields of: medical devices, biomedical technology, medical


  8. therapeutic therapies, biogenetics, biomedical engineering, biopharmaceuticals, genomics, and life


  9. sciences; and,


  10. (2) Through targeted investment of grants, tax credits, and incentives, fund and incubate


  11. Rhode Island-based life science companies that will promote economic and workforce development


  12. within the state and that shall allow the state to successfully compete in the national and


  13. international life science industries.


  14. 23-99-3. Definitions.


  15. As used in this chapter, the following words shall have the following meanings:


  16. (1) “Affiliate” means any person or company that directly or indirectly controls or is


  17. controlled by or is under direct or indirect common control of another company or person including,


  18. but not limited to, any company that is merged or consolidated, or which purchases all or


  19. substantially all of the assets of another company.


  20. (2) “Board” means the board of directors of the Hub.


  21. (3) “Certification proposal” means a written proposal submitted by a life science company


  22. for approval as a certified life sciences company.


  23. (4) “Certified life sciences company” means a company that has been certified by the board


  24. as being eligible to receive grants and incentives from the investment fund.


  25. (5) “Commerce corporation” means the Rhode Island Commerce Corporation, established


  26. pursuant to R.I. Gen. Laws § 42-64-1, et seq.


  27. (6) “Company” means a business corporation, partnership, firm, unincorporated


  28. association, or other entity engaged or proposing to engage in economic activity within the state,


  29. and any affiliate thereof.


  30. (7) “Hub” means the Rhode Island life science hub established by § 23-99-4.


  31. (8) “Investment fund” means the hub investment fund established by § 23-99-6.


  32. (9) “Life science” means and shall include, but not be limited to the science of: medical


  33. devices, biomedical technology, medical therapeutic therapies, biogenetics, biomedical


  34. engineering, biopharmaceuticals, genomics, biomanufacturing, diagnostics, digital health, and

  1. related fields.


  2. (10) “Life science company” means a company engaged in life science research,


  3. development, manufacturing, incubation, or commercialization in Rhode Island, and any affiliate


  4. thereof.


  5. (11) “Life sciences industry” means the fields of medical devices, biomedical technology,


  6. medical therapeutic therapies, biogenetics, biomedical engineering, biopharmaceuticals, genomics,


  7. biomanufacturing, diagnostics, digital health and related fields.


  8. (12) “Person” means a natural person, company, or other legal entity.


  9. (13) “State” means the State of Rhode Island.


  10. (14) "Venture" means, without limitation, any contractual arrangement with any person


  11. whereby the corporation obtains rights from or in an invention or product or proceeds therefrom,


  12. or rights to obtain from any person any and all forms of equity instruments including, but not limited


  13. to, common and preferred stock, warrants, options, convertible debentures and similar types of


  14. instruments exercisable or convertible into capital stock, in exchange for the granting of financial


  15. aid to such person.


  16. 23-99-4. Rhode Island life science hub established.


  17. (a) There is hereby constituted as an independent public a public corporation for the


  18. purposes set forth in this chapter with a separate legal existence from the state to be known as the


  19. Rhode Island life science hub hereinafter to be referred as the “hub”. The exercise by the hub of


  20. the powers conferred by this chapter shall be considered to be the performance of an essential


  21. governmental function.


  22. (b) The hub shall be governed and its corporate powers exercised by a board of directors


  23. consisting of fifteen (15) directors: seven (7) of whom shall be appointed by the governor, one of


  24. whom shall be a senior executive with extensive background in the banking, grant making, and


  25. fundraising fields, one of whom shall be a member of a life science trade association, or his or her


  26. designee, one of whom shall be the president or a senior executive of a Rhode Island based life


  27. science company, or his or her designee, two (2) of whom shall be senior executives of Rhode


  28. Island based life science companies specializing in biomanufacturing, or his or her designees, one


  29. of whom shall be a representative of organized labor, or his or her designee, and one of whom shall


  30. be a member of the public who shall be a certified public accountant and a member of the Rhode


  31. Island society of certified public accountants; one of whom shall be the secretary of commerce;


  32. three (3) of whom shall be the president of Rhode Island college, or his or her designee, the


  33. president of the university of Rhode Island, or his or her designee, and the president of Brown


  34. university, or his or her designee; one of whom shall be the dean of the Warren Alpert Medical

  1. School of Brown university, or his or her designee; one of whom shall be the president and chief


  2. executive officer of the Lifespan Corporation, or his or her designee; one of whom shall be the


  3. president and chief executive officer of Care New England Health System, or his or her designee;


  4. and one of whom shall be an ex officio director who shall also be the director of economic


  5. development for the city of Providence, or his or her designee.


  6. (c) The chair of the board shall be appointed by the governor, with the advice and consent


  7. of the senate, and shall be an individual who served in the capacity as a senior executive with


  8. extensive background in the banking, grant making, and fundraising fields. The vice-chair of the


  9. board shall be the secretary of commerce. Eight (8) directors shall constitute a quorum, and any


  10. action to be taken by the board under the provisions of this chapter may be authorized by resolution


  11. approved by a majority of the directors present and entitled to vote at any regular or special meeting


  12. at which a quorum is present. No votes on the certification of any life science company nor on the


  13. allocation or award of any fund resources to any certified life science company shall be taken unless


  14. the chair is present and voting. A vacancy in the membership of the board of directors shall not


  15. impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.


  16. Pursuant to § 42-46-5(b)(6), board directors are authorized to participate remotely using


  17. videoconferencing technology in open public meetings of the board; provided, however, that:


  18. (1) The remote director(s) and all persons present at the meeting location are clearly audible


  19. and visible to each other;


  20. (2) A quorum of the body is participating, either in person or by the use of remote


  21. videoconferencing technology;


  22. (3) A member of the board who participates in a meeting of the board remotely shall be


  23. considered present for purposes of a quorum and voting;


  24. (4) If videoconferencing is used to conduct a meeting, the public notice for the meeting


  25. shall inform the public that videoconferencing will be used and include instructions on how the


  26. public can access the virtual meeting; and


  27. (5) The board shall adopt rules defining the requirements of remote participation including


  28. its use for executive session, and the conditions by which a director is authorized to participate


  29. remotely.


  30. (d) Each board member shall serve a term of four (4) years. In the event that the chair of


  31. the board position becomes vacant for any reason, or the chair is not able to perform the duties of


  32. that position for any reason, the vice chair shall serve as the interim chair until the chair is able to


  33. resume his or her duties; provided, however, in the event that the chair is not able to resume his or


  34. her duties in that position, the governor shall appoint a new chair and, in making this appointment,

  1. the governor shall give due consideration to appointing an individual from a list of six (6)


  2. candidates, three (3) of whom shall be provided to the governor by the speaker of the house and


  3. three (3) of whom shall be provided to the governor by the president of the senate. Any person


  4. appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in


  5. a like manner and shall serve for the unexpired term of such director. Any director shall be eligible


  6. for reappointment.


  7. (e) The director of the board who is a member of the public and who is a certified public


  8. accountant and a member of the Rhode Island society of certified public accountants shall serve as


  9. treasurer and shall be charged with keeping the funds, books of account and accounting records of


  10. the hub. No grants, tax credits, or incentives shall be issued by the hub to any certified life science


  11. company without the approval of the board and the signature of the treasurer. The board shall


  12. annually elect a secretary who shall keep a record of the proceedings of the board and shall be


  13. custodian of all books, documents, and papers.


  14. (f) Board Directors shall serve without compensation, but each director shall be entitled to


  15. reimbursement for actual, reasonable, and necessary expenses while engaged in the performance


  16. of official duties. Board directors, officers, and employees shall not be liable to the state, the hub,


  17. or to any other person as a result of their activities except for malfeasance in office or intentional


  18. violations of law.


  19. (g) The board shall establish an application review committee consisting of not less than


  20. three (3) directors of the board, which shall review certification proposals submitted by life sciences


  21. companies that shall be supported by independently verifiable information, and the board shall


  22. make a record of findings based on the certification proposal, documents submitted therewith, and


  23. any additional evidence that the life science company meets all criteria that the hub may prescribe.


  24. (h) Certified life science companies shall be eligible to receive funding from the hub, upon


  25. a majority vote of the board, for the following benefits which shall be awarded by the board on a


  26. competitive basis:


  27. (1) Grants, loans, or other investments;


  28. (2) Assistance from the hub in obtaining federal, state, and nonprofit monies; or


  29. (3) Assistance from the hub in facilitating clinical trials.


  30. (i) Notwithstanding any other provisions of law in relation to their tenure of office, the


  31. governor may remove any board director for the neglect of any duty required by law, incompetence,


  32. unprofessional conduct, or willful misconduct.


  33. (j) Each director shall make full disclosure, in accordance with §§ 36-14-1 through 36-14-


  34. 7, of any financial interest, if any, in any matter before the board. Such interest must be disclosed

  1. in advance to the directors of the board, recorded in the minutes of the board, and the director


  2. having such an interest shall recuse themselves and shall not participate in any decision of the board


  3. relating to such interest.


  4. (k) With the advice and consent of the senate, the board shall have the power to hire a


  5. president, who shall also serve as the chief executive officer of the hub. The board also shall have


  6. the power to establish compensation and conditions of employment for the president and chief


  7. executive officer; provided, further, the board shall have the power to hire other employees and


  8. establish compensation and conditions of employment for such employees.


  9. (l) The commerce corporation shall provide operating quarters for the hub for, at a


  10. minimum, the first year of the hub’s operation.


  11. 23-99-5. Hub powers.


  12. (a) The hub shall have the following powers and all powers necessary to carry out and


  13. effectuate its purposes, including, without limitation, all powers necessary for the performance of


  14. the following:


  15. (1) To have perpetual succession as a public corporate body and agency of the state and to


  16. adopt bylaws, rules, regulations, and procedures for its governance and conduct of its business;


  17. (2) To act as the central entity and coordinating organization of life sciences initiatives on


  18. behalf of the state and to work in collaboration with governmental entities, bodies, centers, hubs,


  19. and facilities to promote life sciences;


  20. (3) To engage accountants, architects, attorneys, engineers, planners, real estate experts,


  21. and other consultants as may be necessary in its judgment to carry out the purposes of this chapter;


  22. (4) To obtain insurance for board directors, officers, and employees in order to indemnify


  23. said persons against the claims of others;


  24. (5) To administer the investment fund, for the purposes of making appropriations,


  25. allocations, grants, or loans;


  26. (6) To apply for and accept contributions of any source of money, property, labor, or any


  27. other things of value and to invest, disburse, appropriate, grant, loan, or allocate any funds for the


  28. purpose of investing in any life science initiative;


  29. (7) To create access to capital, funding, and business support programs;


  30. (8) To enter into venture agreements with persons, upon such terms and on such conditions


  31. as are consistent with the purposes of this chapter, for the advancement of financial aid to such


  32. persons for the research, development and application of specific technologies, products,


  33. procedures, services and techniques, to be developed and produced in this state, and to condition


  34. such agreements upon contractual assurances that the benefits of increasing or maintaining

  1. employment and tax revenues shall remain in this state and shall accrue to it;


  2. (9) To enter into contracts and agreements to further scientific research in the state, aid in


  3. the promotion of the health of residents, foster jobs in the life sciences, and promote overall


  4. economic growth in the life sciences industry; and


  5. (10) To issue bonds, notes, and any other obligations of the hub, subject to the provisions


  6. of chapter 18 of title 35 ("Rhode Island public corporation debt management").


  7. 23-99-6. Hub investment fund.


  8. (a) There shall be established and placed within the hub, a fund or funds to be known as


  9. the Rhode Island life science investment fund, hereinafter referred to as the "fund", to be held by


  10. the hub to finance the operations and initiatives of the hub. The fund shall be credited any


  11. appropriations, bond proceeds, federal grants or loans, or other such additional funds as are subject


  12. to the direction and control of the hub, which may properly be applied in furtherance of the


  13. objectives of the hub.


  14. (b) The fund shall be held and applied by the hub to make qualified investments, grants,


  15. research and other funding, and loans designed to advance public purposes for the life science


  16. industry in the state and shall use the fund for such purposes.


  17. (c) The state shall not be liable for the payment of the principal of, or interest on, any bonds


  18. or notes of the hub, or for the performance of any pledge, mortgage, obligation, or agreement of


  19. any kind whatsoever which may be undertaken by the hub, and none of the bonds or notes of the


  20. hub nor any of its agreements or obligations shall be construed to constitute an indebtedness of the


  21. state. Payments related to any transaction involving, or investment by, the hub shall be payable


  22. solely from the fund.


  23. (d) The board shall promulgate rules, regulations or guidelines necessary to carry out the


  24. provisions of this section.


  25. 23-99-7. Annual reports.


  26. (a) The hub shall submit a report, beginning on or before October 1, 2024, and on October


  27. 1 annually thereafter, to the governor, the speaker of the house, and the president of the senate. This


  28. report shall include:


  29. (1) The hub’s receipts and expenditures during such fiscal year;


  30. (2) The hub’s assets and liabilities at the end of its fiscal year;


  31. (3) A list of all certified life sciences companies;


  32. (4) A complete list of grants awarded by the hub and any other funding activities;


  33. (5) Reports of patents or products resulting from funded activities;


  34. (6) The status of construction of any real estate project resulting from certification,

    1. including whether construction is on-time and on-budget;


    2. (7) Any federal initiatives that have an impact on life science companies doing business in


    3. the state; and


    4. (8) Any concerns surrounding pending or threatened litigation, pending legislation both


    5. state and federal, or any other known material risks.


    6. 23-99-8. Accountability and audit.


    7. (a) The board shall be responsible for establishing accountability standards, reporting


    8. standards, and outcome measurements for all of its expenditures, including all investments and


    9. grants.


    10. (b) The board and the hub shall comply with provisions of chapter 155 of title 42, ("quasi-


    11. public corporations accountability and transparency act").


    12. (c) In addition to the requirements pursuant to the provisions of subsection (b) of this


    13. section and § 42-155-7, the books and records of the hub shall be audited by an outside audit firm


    14. selected and paid for by the Hub, in accordance with Rhode Island General Law 35-7-13 at least


    15. on an annual basis, in accordance with generally accepted accounting principles and generally


    16. accepted government auditing standards.


    17. 23-99-9. Severability.


    18. If any section, clause, provision, or portion of this chapter is held to be invalid or


    19. unconstitutional by any court of competent jurisdiction, that holding shall not affect any other


    20. section, clause, or provision of this chapter which is not in and of itself unconstitutional.


    21. SECTION 3. Section 42-46-5 of the General Laws in Chapter 42-46 entitled "Open


    22. Meetings" is hereby amended to read as follows:


    23. 42-46-5. Purposes for which meeting may be closed — Use of electronic


    24. communications — Judicial proceedings — Disruptive conduct.


    25. (a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one


    26. or more of the following purposes:


    27. (1) Any discussions of the job performance, character, or physical or mental health of a


    28. person or persons provided that the person or persons affected shall have been notified in advance


    29. in writing and advised that they may require that the discussion be held at an open meeting.


    30. Failure to provide notification shall render any action taken against the person or persons


    31. affected null and void. Before going into a closed meeting pursuant to this subsection, the public


    32. body shall state for the record that any persons to be discussed have been so notified and this


    33. statement shall be noted in the minutes of the meeting.


    34. (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to

      1. collective bargaining or litigation.


      2. (3) Discussion regarding the matter of security including, but not limited to, the deployment


      3. of security personnel or devices.


      4. (4) Any investigative proceedings regarding allegations of misconduct, either civil or


      5. criminal.


      6. (5) Any discussions or considerations related to the acquisition or lease of real property for


      7. public purposes, or of the disposition of publicly held property wherein advanced public


      8. information would be detrimental to the interest of the public.


      9. (6) Any discussions related to or concerning a prospective business or industry locating in


      10. the state of Rhode Island when an open meeting would have a detrimental effect on the interest of


      11. the public.


      12. (7) A matter related to the question of the investment of public funds where the premature


      13. disclosure would adversely affect the public interest. Public funds shall include any investment


      14. plan or matter related thereto, including, but not limited to, state lottery plans for new promotions.


      15. (8) Any executive sessions of a local school committee exclusively for the purposes: (i) Of


      16. conducting student disciplinary hearings; or (ii) Of reviewing other matters that relate to the privacy


      17. of students and their records, including all hearings of the various juvenile hearing boards of any


      18. municipality; provided, however, that any affected student shall have been notified in advance in


      19. writing and advised that he or she may require that the discussion be held in an open meeting.


      20. Failure to provide notification shall render any action taken against the student or students


      21. affected null and void. Before going into a closed meeting pursuant to this subsection, the public


      22. body shall state for the record that any students to be discussed have been so notified and this


      23. statement shall be noted in the minutes of the meeting.


      24. (9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining


      25. agreement.


      26. (10) Any discussion of the personal finances of a prospective donor to a library.


      27. (b) No meeting of members of a public body or use of electronic communication, including


      28. telephonic communication and telephone conferencing, shall be used to circumvent the spirit or


      29. requirements of this chapter; provided, however, these meetings and discussions are not prohibited.


      30. (1) Provided, further however, that discussions of a public body via electronic


      31. communication, including telephonic communication and telephone conferencing, shall be


      32. permitted only to schedule a meeting, except as provided in this subsection.


      33. (2) Provided, further however, that a member of a public body may participate by use of


      34. electronic communication or telephone communication while on active duty in the armed services

  1. of the United States.


  2. (3) Provided, further however, that a member of that public body, who has a disability as


  3. defined in chapter 87 of this title and:


  4. (i) Cannot attend meetings of that public body solely by reason of the member’s disability;


  5. and


  6. (ii) Cannot otherwise participate in the meeting without the use of electronic


  7. communication or telephone communication as reasonable accommodation, may participate by use


  8. of electronic communication or telephone communication in accordance with the process below.


  9. (4) The governor’s commission on disabilities is authorized and directed to:


  10. (i) Establish rules and regulations for determining whether a member of a public body is


  11. not otherwise able to participate in meetings of that public body without the use of electronic


  12. communication or telephone communication as a reasonable accommodation due to that member’s


  13. disability;


  14. (ii) Grant a waiver that allows a member to participate by electronic communication or


  15. telephone communication only if the member’s disability would prevent the member from being


  16. physically present at the meeting location, and the use of such communication is the only


  17. reasonable accommodation; and


  18. (iii) Any waiver decisions shall be a matter of public record.


  19. (5) The university of Rhode Island board of trustees members, established pursuant to §


  20. 16-32-2, are authorized to participate remotely in open public meetings of the board; provided,


  21. however, that:


  22. (i) The remote members and all persons present at the meeting location are clearly audible


  23. and visible to each other;


  24. (ii) A quorum of the body is participating;


  25. (iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting


  26. shall inform the public that videoconferencing will be used and include instructions on how the


  27. public can access the virtual meeting; and


  28. (iv) The board shall adopt rules defining the requirements of remote participation including


  29. its use for executive session, and the conditions by which a member is authorized to participate


  30. remotely.


  31. (6) The Rhode Island Life Science Hub board of directors, established pursuant to § 23-


  32. 99-4, is authorized to participate remotely in open public meetings of the board, in accordance with


  33. the provisions of § 23-99-4(c).


  34. (c) This chapter shall not apply to proceedings of the judicial branch of state government

    1. or probate court or municipal court proceedings in any city or town.


    2. (d) This chapter shall not prohibit the removal of any person who willfully disrupts a


    3. meeting to the extent that orderly conduct of the meeting is seriously compromised.


    4. SECTION 4. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-


    5. 64.20 entitled “Rebuild Rhode Island Tax Credit Act” are hereby amended to read as follows:


    6. 42-64.20-5. Tax credits. [Effective January 1, 2023]


    7. (a) An applicant meeting the requirements of this chapter may be allowed a credit as set


    8. forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of


    9. the general laws for a qualified development project.


    10. (b) To be eligible as a qualified development project entitled to tax credits, an applicant's


    11. chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the


    12. time of application, that:


    13. (1) The applicant has committed a capital investment or owner equity of not less than


    14. twenty percent (20%) of the total project cost;


    15. (2) There is a project financing gap in which after taking into account all available private


    16. and public funding sources, the project is not likely to be accomplished by private enterprise


    17. without the tax credits described in this chapter; and


    18. (3) The project fulfills the state's policy and planning objectives and priorities in that:


    19. (i) The applicant will, at the discretion of the commerce corporation, obtain a tax


    20. stabilization agreement from the municipality in which the real estate project is located on such


    21. terms as the commerce corporation deems acceptable;


    22. (ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied


    23. by at least one business employing at least 25 full-time employees after construction or such


    24. additional full-time employees as the commerce corporation may determine; (B) Is a multi-family


    25. residential development in a new, adaptive reuse, certified historic structure, or recognized


    26. historical structure consisting of at least 20,000 square feet and having at least 20 residential units


    27. in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic


    28. structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at


    29. least one business, subject to further definition through rules and regulations promulgated by the


    30. commerce corporation; and


    31. (iii) Involves a total project cost of not less than $5,000,000, except for a qualified


    32. development project located in a hope community or redevelopment area designated under § 45-


    33. 32-4 in which event the commerce corporation shall have the discretion to modify the minimum


    34. project cost requirement.

      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

  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


  1. in § 42-64.24-3(6) as a separate, qualified development project from a qualified development


  2. project by a tenant or owner of a commercial condominium or similar legal interest including


  3. leasehold improvement, fit out, and capital investment. Such qualified development project by a


  4. tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be


  5. exempted from subsection (f)(1)(i) of this section.


  6. (3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax


  7. exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars


  8. ($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter


  9. into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that


  10. project is approved for credits pursuant to this chapter by the commerce corporation.


  11. (g) Credits available under this chapter shall not exceed twenty percent (20%) of the project


  12. cost, provided, however, that the applicant shall be eligible for additional tax credits of not more


  13. than ten percent (10%) of the project cost, if the qualified development project meets any of the


  14. following criteria or other additional criteria determined by the commerce corporation from time


  15. to time in response to evolving economic or market conditions:


  16. (1) The project includes adaptive reuse or development of a recognized historical structure;


  17. (2) The project is undertaken by or for a targeted industry;


  18. (3) The project is located in a transit-oriented development area;


  19. (4) The project includes residential development of which at least twenty percent (20%) of


  20. the residential units are designated as affordable housing or workforce housing;


  21. (5) The project includes the adaptive reuse of property subject to the requirements of the


  22. industrial property remediation and reuse act, § 23-19.14-1 et seq.; or


  23. (6) The project includes commercial facilities constructed in accordance with the minimum


  24. environmental and sustainability standards, as certified by the commerce corporation pursuant to


  25. Leadership in Energy and Environmental Design or other equivalent standards.


  26. (h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,


  27. inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed


  28. two hundred ten million dollars ($210,000,000) two hundred twenty-five million dollars


  29. ($225,000,000), excluding any tax credits allowed pursuant to subsection (f)(3) of this section.

    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

  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 5. 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 6. 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 7. 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.


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


  2. Redevelopment Project Fund Act” is hereby amended as follows:


    34 42-64.24-8. Sunset.

    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 9. 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 10. Sections 42-64.26-3, 42-64.26-4, 42-64.26-5 and 42-64.26-12 of the


  1. General Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are


  2. hereby amended to read as follows:


    11 42-64.26-3. Definitions.


    1. As used in this chapter:


    2. (1) “Applicant” means an eligible graduate who applies for a tax credit for education loan


    3. repayment expenses under this chapter.


    4. (2) “Award” means a tax credit awarded by the commerce corporation to an applicant as


    5. provided under this chapter.


    6. (3) “Commerce corporation” means the Rhode Island commerce corporation established


    7. pursuant to chapter 64 of this title.


    8. (4) “Eligibility period” means a term of up to four (4) consecutive service periods


    9. beginning with the date that an eligible graduate receives initial notice of award under this chapter


    10. and expiring at the conclusion of the fourth service period after such date specified.


    11. (5) “Eligibility requirements” means the following qualifications or criteria required for an


    12. applicant to claim an award under this chapter:


    13. (i) That the applicant shall have graduated from an accredited two-year (2), four-year (4)


    14. or graduate postsecondary institution of higher learning with an associate’s, bachelor’s, graduate,


    15. or post-graduate degree and at which the applicant incurred education loan repayment expenses;


    16. (ii) That the applicant shall be a full-time employee with a Rhode Island-based employer


    17. located in this state throughout the eligibility period, whose employment is


    18. (a) for work in one or more of the following covered fields: life, natural or environmental


    19. sciences; computer, information or software technology; advanced mathematics or finance;


    20. engineering; industrial design or other commercially related design field; or medicine or medical


    21. device technology;


    22. (b) as a teacher; or


    23. (c) as a healthcare applicant.

    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


    1. repay for attendance at a postsecondary institution of higher learning.


    2. (7) “Eligible graduate” means an individual who meets the eligibility requirements under


    3. this chapter.


    4. (8) “Full-time employee” means a person who is employed by a business for consideration


    5. for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of


    6. service generally accepted by custom or practice as full-time employment, or who is employed by


    7. a professional employer organization pursuant to an employee leasing agreement between the


    8. business and the professional employer organization for a minimum of thirty-five (35) hours per


    9. week, or who renders any other standard of service generally accepted by custom or practice as


    10. full-time employment, and whose wages are subject to withholding.


    11. (9) “Healthcare applicant” means any applicant who meets the eligibility requirements and


    12. works as a full-time employee as a high-demand healthcare practitioner or mental health


    13. professional, including, but not limited to, clinical social workers and mental health counselors


    14. licensed by the department of health, and as defined in regulations to be promulgated by the


    15. commerce corporation, in consultation with the executive office of health and human services,


    16. pursuant to chapter 35 of this title.


    17. (10) “Healthcare fund” refers to the “Healthcare Stay Invested in RI Wavemaker


    18. Fellowship Fund” established pursuant to § 42-64.26-4(b).


    19. (11)(10) “Rhode Island-based employer” means: (i) An employer having a principal place


    20. of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) An


    21. employer registered to conduct business in this state that reported Rhode Island tax liability in the


    22. previous tax year.


    23. (12)(11) “Service period” means a twelve-month (12) period beginning on the date that an


    24. eligible graduate receives initial notice of award under this chapter.


    25. (13)(12) STEM/designf Fund” refers to the “Stay Invested in RI Wavemaker Fellowship


    26. Fund” established pursuant to § 42-64.26-4(a).


    27. (14)(13) “Student loan” means a loan to an individual by a public authority or private lender


    28. to assist the individual to pay for tuition, books, and living expenses in order to attend a


    29. postsecondary institution of higher learning.


    30. (15)(14) “Taxpayer” means an applicant who receives a tax credit under this chapter.


    31. (15) “Teacher” shall have the meaning prescribed to it in rules and regulations to be

      1. promulgated by the Commerce Corporation in consultation with the Rhode Island Department of


      2. Elementary and Secondary Education.


      3. 42-64.26-4. Establishment of funds — Purposes — Composition.


      4. (a) There is hereby established the “Stay Invested in RI Wavemaker Fellowship Fund” to


      5. be administered by the commerce corporation as set forth in this chapter.


      6. (b) There is hereby established the “Healthcare Stay Invested in RI Wavemaker Fellowship


      7. Fund” to be administered by the commerce corporation as set forth in this chapter.


      8. (c)(b) The purpose of the STEM/design fund, and healthcare fund is to expand employment


      9. opportunities in the state and to retain talented individuals in the state by providing tax credits in


      10. relation to education loan repayment expenses to applicants who meet the eligibility requirements


      11. under this chapter.


      12. (d)(c) The STEM/design fund, and healthcare shall consist of:


      13. (1) Money appropriated in the state budget to the fund;


      14. (2) Money made available to the fund through federal programs or private contributions;


      15. and


      16. (3) Any other money made available to the fund.


      17. (e)(d) The STEM/design fund shall be used to pay for the redemption of tax credits or


      18. reimbursement to the state for tax credits applied against the tax liability of any non-healthcare


      19. applicant who received an award. The healthcare fund shall be used to pay for the redemption of


      20. tax credits or reimbursement to the state for tax credits applied against the tax liability of any


      21. healthcare applicant who received an award on or after July 1, 2022. The funds shall be exempt


      22. from attachment, levy, or any other process at law or in equity. The director of the department of


      23. revenue shall make a requisition to the commerce corporation for funding during any fiscal year as


    24 may be necessary to pay for the redemption of tax credits presented for redemption or to reimburse


    1. the state for tax credits applied against a taxpayer’s tax liability. The commerce corporation shall


    2. pay from the funds such amounts as requested by the director of the department of revenue


    3. necessary for redemption or reimbursement in relation to tax credits granted under this chapter.


    4. 42-64.26-5. Administration.


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


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


    7. prescribe.


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


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


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

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


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


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


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


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


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


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


    8. committee will use, which procedures shall require that the committee’s consideration of


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


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


    11. the applicant’s name, street address, and other personally-identifying information as well as the


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


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


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


    15. Notwithstanding the foregoing, the commerce corporation shall create and establish a committee


    16. to evaluate any healthcare applicant for an award in the same manner as prescribed in this


    17. subsection. The executive office of health and human services (“EOHHS”) shall be represented on


    18. the committee and provide consultation to the commerce corporation on selection procedures.


    19. Notwithstanding EOHHS’s consultation and representation in the selection of healthcare


    20. applicants, the commerce corporation shall administer all other aspects of a healthcare applicant’s


    21. application, award, and certification.


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


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


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


    25. taxpayer upon proof that (i) The taxpayer has actually incurred and paid such education loan


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


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


    28. interest less award previously claimed under this section; and (iv) The taxpayer claiming an award


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


    30. (d) The commerce corporation shall not commit to overall STEM/design awards in excess


    31. of the amount contained in the STEM/design fund or to overall healthcare awards in excess of the


    32. amount contained in the healthcare fund.


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


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

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


    2. education loan expenses to be repaid.


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


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


    5. under this chapter;


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


    7. of an application for award under this chapter; and


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


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


    10 42-64.26-12. Sunset.


  3. No incentives or credits shall be authorized pursuant to this chapter after December 31,


12 2023December 31, 2024.


  1. SECTION 11. Sections 42-64.27-2 and 42-64.27-6 of the General Laws in Chapter 42-


  2. 64.27 entitled “Main Street Rhode Island Streetscape Improvement Fund” are hereby amended as


  3. follows:


  4. 42-64.27-2. Fund Established.


  5. The main street RI streetscape improvement fund is hereby created within the Rhode Island


  6. commerce corporation. The commerce corporation is authorized, within available appropriations,


  7. to award loans, matching grants, and other forms of financing to facilitate improvement of


  8. streetscapes such as but not limited to (1) enhanced sidewalks, (2) new wayfinding signage, (3)


  9. upgraded building facades, and (4) improved street and public space lighting, and (5) technical


  10. assistance, in support of creating an attractive environment for small business development and


  11. commerce. The commerce corporation shall include maximum amounts for awards for technical


  12. assistance in the rules and regulations promulgated pursuant to § 42-64.27-3. Applications and


  13. awards of grants or loans shall be on a rolling basis. There is established an account in the name of


  14. the "main street RI streetscape improvement fund" under the control of the commerce corporation,


  15. and the commerce corporation shall pay into such account any eligible funds available to the


  16. commerce corporation from any source, including funds appropriated by the state and any grants


  17. made available by the United States or any agency of the United States.


30 42-64.27-6. Sunset.


31 No incentives shall be authorized pursuant to this chapter after December 31,


32 2023December 31, 2024.


  1. SECTION 12. Sections 42-64.28-6 and 42-64.28-10 of the General Laws in Chapter 42-


  2. 64.28 entitled “Innovation Initiative” is hereby amended as follows:

    1. 42-64.28-6. Voucher amounts and matching fund awards


    2. (a) Voucher award amounts to a selected applicant shall be determined by the corporation,


    3. to be in the minimum amount of five thousand dollars ($5,000) and the maximum amount of fifty


    4. thousand dollars ($50,000) seventy-five thousand dollars ($75,000), subject to appropriations or


    5. other available moneys in the fund.


    6. (b) Matching fund awards shall be awarded to organizations in an amount approved by the


    7. corporation, subject to appropriations or other available moneys in the fund.


8 42-64.28-10. Sunset.


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


10 December 31, 2023December 31, 2024.


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


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


13 42-64.31-4. Sunset.


14 No grants shall be authorized pursuant to this chapter after December 31, 2023December


15 31, 2024.


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


  2. Service Development Fund” is hereby amended as follows:


18 42-64.32-6. Sunset.


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


  2. to this chapter after December 31, 2023December 31, 2024.


  3. SECTION 15. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode


  4. Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows:


23 44-48.3-14. Sunset.


24 No credits shall be authorized to be reserved pursuant to this chapter after December 31,


25 2023December 31, 2024.


  1. SECTION 16. Sections 2 and 3 shall take effect on September 1, 2023. The remainder of


  2. the article shall take effect upon passage.

    =======

    art.008/7/008/6/008/5/008/4/008/3/008/2/008/1

    =======


    1. ARTICLE 8 AS AMENDED


    2. RELATING TO EDUCATION



    3. SECTION 1. Sections 16-7-20, 16-7-39, 16-7-40 and 16-7-41.1 of the General Laws in


    4. Chapter 16-7 entitled "Foundation Level School Support [See Title 16 Chapter 97 — The Rhode


    5. Island Board of Education Act]" are hereby amended to read as follows:


    6. 16-7-20. Determination of state’s share.


    7. (a) For each community the state's share shall be computed as follows: Let


    8. R = state share ratio for the community.


    9. v = adjusted equalized weighted assessed valuation for the community, as defined in


10 § 16-7-21(3).


  1. V = sum of the values of v for all communities.


  2. m = average daily membership of pupils in the community as defined in § 16-7-22(3).


  3. M = total average daily membership of pupils in the state.


  4. E = approved reimbursable expenditures for the community for the reference year minus


  5. the excess costs of special education, tuitions, federal and state receipts, and other


  6. income.


  7. Then the state share entitlement for the community shall be RE where


  8. R = 1 – 0.5vM/(Vm) through June 30, 2011, and R = 1 – 0.475 vM/(Vm) beginning on


19 July 1, 2011 and thereafter.


  1. Except that in no case shall R be less than zero percent (0%).


  2. (b) Whenever any funds are appropriated for educational purposes, the funds shall be used


  3. for educational purposes only and all state funds appropriated for educational purposes must be


  4. used to supplement any and all money allocated by a city or town for educational purposes and in


  5. no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city


  6. or town for educational purposes. The courts of this state shall enforce this section by writ of


  7. mandamus.


  8. (c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro


  9. Children’s Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved


  10. by the council on elementary and secondary education in accordance with currently existing rules


  11. and regulations for administering state aid, and subject to annual appropriations by the general

  1. assembly including, but not limited to, expenditures for educational personnel, supplies, and


  2. materials in the prior fiscal year.


  3. (d) In the event the computation of the state’s share for any local education agency as


  4. outlined in subsection (a) is determined to have been calculated incorrectly after the state budget


  5. for that fiscal year has been enacted, the commissioner of elementary and secondary education shall


  6. notify affected local education agencies, the senate president, and the speaker of the house within


  7. fifteen (15) days of the determination.


  8. (e) Realignment of aid payments to the affected local education agencies pursuant to


  9. subsection (d) shall occur in the following fiscal year:


  10. (1) If the determination shows aid is underpaid to the local education agency, any amounts


  11. owed shall be paid in equal monthly installments.


  12. (2) If the determination shows aid was overpaid, the department of elementary and


  13. secondary education shall recapture some amount of the aid from the overpaid local education


  14. agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the


  15. number of full months remaining in the fiscal year when the notification required in subsection (d)


  16. was made.


  17. (f) The above notwithstanding, in no event shall the total paid to a local education agency


  18. in the 2023 fiscal year pursuant to subsection (a) be reduced as a result of the implementation of


  19. subsection (e); provided, however, that for the 2022 fiscal year, the full amount of any payment


  20. due to an underpayment and realignment under subsection (e)(1) shall be made for fiscal year 2022.


  21. (g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the


  22. calculation of the FY 2023 state share ratio.


  23. 16-7-39. Computation of school housing-aid ratio.


  24. For each community, the percent of state aid for school housing costs shall be computed in


  25. the following manner:


  26. (1) The adjusted equalized weighted assessed valuation for the district is divided by the


  27. resident average daily membership for the district (grades twelve (12) and below); (2) The adjusted


  28. equalized weighted assessed valuation for the state is divided by the resident average daily


  29. membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant


  30. ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the


  31. approximate average district share of school support; the resulting product is then subtracted from


  32. one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the


  33. ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the


  34. start of each fiscal year thereafter, the thirty percent (30%) floor on said housing-aid share shall be

  1. increased by five percent (5%) increments each year until said floor on the housing-aid share ratio


  2. reaches a minimum of not less than forty percent (40%). This provision shall apply only to school


  3. housing projects completed after June 30, 2010, that received approval from the board of regents


  4. prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012, and for


  5. subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all


  6. projects receiving council on elementary and secondary education approval after June 30, 2012.


  7. The resident average daily membership shall be determined in accordance with § 16-7-22(1).


  8. (2) No district shall receive a combined total of more than twenty (20) incentive percentage


  9. points for projects that commence construction by December 30, 2023 June 30, 2024, and five (5)


  10. incentive points for projects that commence construction thereafter; provided further, these caps


  11. shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a


  12. district’s share shall not be decreased by more than half of its regular share irrespective of the


  13. number of incentive points received nor shall a district’s state share increase by more than half of


  14. its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective


  15. of the number of incentive points received. Provided further that the aforementioned limit on the


  16. state share increasing by more than half of its regular share shall not apply to projects submitted


  17. for reimbursement after July 1, 2023.


  18. 16-7-40. Increased school housing ratio.


  19. (a)(1) In the case of regional school districts, the school housing aid ratio shall be increased


  20. by two percent (2%) for each grade so consolidated.


  21. (2) Regional school districts undertaking renovation project(s) shall receive an increased


  22. share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share


  23. ratio calculated in § 16-7-39 and this subsection.


  24. (b) In the case of projects undertaken by districts specifically for the purposes of school


  25. safety and security, the school housing aid share ratio shall be increased by five percent (5%) for


  26. these specific projects only, in the calculation of school housing aid. The increased share ratio shall


  27. continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for


  28. the increased share ratio, seventy-five percent (75%) of the project costs must be specifically


  29. directed to school safety and security measures. The council on elementary and secondary


  30. education shall promulgate rules and regulations for the administration and operation of this


  31. section.


  32. (c) For purposes of addressing health and safety deficiencies as defined by the school


  33. building authority, including the remediation of hazardous materials, the school housing aid ratio


  34. shall be increased by five percent (5%) so long as the construction of the project commences by

1 December June 30, 2023 2024, is completed by December June 30, 2028 2029, and a two hundred


  1. fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018


  2. ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project


  3. costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to


  4. this purpose.


  5. (d) For purposes of educational enhancement, including projects devoted to the


  6. enhancement of early childhood education and career and technical education, the school housing


  7. aid ratio shall be increased by five percent (5%) so long as construction of the project commences


  8. by December June 30, 2023 2024, is completed by December June 30, 2028 2029, and a two


  9. hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November


  10. 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the


  11. project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically


  12. directed to these purposes.


  13. (e) For replacement of a facility that has a facilities condition index of sixty-five percent


  14. (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as


  15. construction of the project commences by December June 30, 2023 2024, is completed by


17 December June 30, 2028 2029, does not receive a bonus pursuant to subsection (f) or subsection


  1. (g), and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on


  2. the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent


  3. (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be


  4. specifically directed to this purpose.


  5. (f) For any new construction or renovation that increases the functional utilization of any


  6. facility from less than sixty percent (60%) to more than eighty percent (80%), including the


  7. consolidation of school buildings within or across districts, the school housing aid ratio shall be


  8. increased by five percent (5%) so long as construction of the project commences by December June


  9. 30, 2023 2024, is completed by December June 30, 2028 2029, and a two hundred fifty million


  10. dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order


  11. to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum


  12. of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.


  13. (g) For any new construction or renovation that decreases the functional utilization of any


  14. facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%)


  15. to one hundred five percent (105%), the school housing ratio shall be increased by five percent


  16. (5%) so long as construction of the project commences by December June 30, 2023 2024, is


  17. completed by December June 30, 2028 2029, and a two hundred fifty million dollar ($250,000,000)

  1. general obligation bond is approved on the November 2018 ballot. In order to qualify for the


  2. increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred


  3. thousand dollars ($500,000) must be specifically directed to this purpose.


  4. (h) For consolidation of two (2) or more school buildings, within or across districts into


  5. one school building, the school housing aid ratio shall be increased by five percent (5%) so long as


  6. construction of the project commences by December June 30, 2023 2024, is completed by


7 December June 30, 2028 2029, a two hundred fifty million dollar ($250,000,000) general obligation


  1. bond is approved on the November 2018 ballot, and does not receive a bonus pursuant to subsection


  2. (f) or subsection (g). In order to qualify for the increased share ratio, twenty-five percent (25%) of


  3. the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically


  4. directed to this purpose.


  5. (i) Any regionalized and/or non-regionalized school district receiving an increased share


  6. ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio


  7. for as long as the project receives state housing aid.


  8. 16-7-41.1. Eligibility for reimbursement.


  9. (a) School districts, not municipalities, may apply for and obtain approval for a project


  10. under the necessity of school construction process set forth in the regulations of the council on


  11. elementary and secondary education, provided, however, in the case of a municipality that issues


  12. bonds through the Rhode Island health and educational building corporation to finance or refinance


  13. school facilities for a school district that is not part of the municipality, the municipality may apply


  14. for and obtain approval for a project. Such approval will remain valid until June 30 of the third


  15. fiscal year following the fiscal year in which the council on elementary and secondary education’s


  16. approval is granted. Only those projects undertaken at school facilities under the care and control


  17. of the school committee and located on school property may qualify for reimbursement under §§


  18. 16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are


  19. operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under


  20. §§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for


  21. reimbursement in the following fiscal year. A project for new school housing or additional housing


  22. shall be deemed to be completed when the work has been officially accepted by the school


  23. committee or when the housing is occupied for its intended use by the school committee, whichever


  24. is earlier.


  25. (b) Notwithstanding the provisions of this section, the board of regents shall not grant final


  26. approval for any project between June 30, 2011, and May 1, 2015, except for projects that are


  27. necessitated by immediate health and safety reasons. In the event that a project is requested during

  1. the moratorium because of immediate health and safety reasons, those proposals shall be reported


  2. to the chairs of the house and senate finance committees.


  3. (c) Any project approval granted prior to the adoption of the school construction


  4. regulations in 2007, and which are currently inactive; and any project approval granted prior to the


  5. adoption of the school construction regulations in 2007 which did not receive voter approval or


  6. which has not been previously financed, are no longer eligible for reimbursement under this


  7. chapter. The department of elementary and secondary education shall develop recommendations


  8. for further cost containment strategies in the school housing aid program.


  9. (d) Beginning July 1, 2015, the council on elementary and secondary education shall


  10. approve new necessity of school construction applications on an annual basis. The department of


  11. elementary and secondary education shall develop an annual application timeline for local


  12. education agencies seeking new necessity of school construction approvals.


  13. (e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten


  14. million dollars ($10,000,000) unless the prime contractor for the project has received


  15. prequalification from the school building authority.


  16. (f) Beginning July 1, 2019, the necessity of school construction process set forth in the


  17. regulations of the council on elementary and secondary education shall include a single statewide


  18. process, developed with the consultation of the department of environmental management, that will


  19. ensure community involvement throughout the investigation and remediation of contaminated


  20. building sites for possible reuse as the location of a school. That process will fulfill all provisions


  21. of § 23-19.14-5 related to the investigation of reuse of such sites for schools.


  22. (g) Beginning July 1, 2019, school housing projects exceeding one million five hundred


  23. thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a


  24. commissioning agent. The cost of the program manager and commissioning agent shall be


  25. considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5.


  26. (h) Temporary housing, or swing space, for students shall be a reimbursable expense so


  27. long as a district can demonstrate that no other viable option to temporarily house students exists


  28. and provided that use of the temporary space is time limited for a period not to exceed twenty-four


  29. (24) months and tied to a specific construction project.


  30. (i) Environmental site remediation, as defined by the school building authority, shall be a


  31. reimbursable expense up to one million dollars ($1,000,000) per project.


  32. (j) If, within thirty (30) years of construction, a newly constructed school is sold to a private


  33. entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid


  34. reimbursement rate at the time of project completion.

    1. (k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being


    2. followed, and § 37-14.1-6, ensuring that minority business enterprises reach a the required


    3. minimum of ten percent (10%) of the dollar value of the bid participation.


    4. SECTION 2. Sections 16-7.2-3, 16-7.2-4, 16-7.2-5 and 16-7.2-7 of the General Laws in


    5. Chapter 16-7.2 entitled “The Education Equity and Property Tax Relief Act” are hereby amended


    6. to read as follows:


    7. 16-7.2-3. Permanent foundation education aid established.


    8. (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall


    9. take effect. The foundation education aid for each district shall be the sum of the core instruction


    10. amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),


    11. which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to


    12. determine the foundation aid.


    13. (1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-


    14. instruction amount as established by the department of elementary and secondary education,


    15. derived from the average of northeast regional expenditure data for the states of Rhode Island,


    16. Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics


    17. (NCES) that will adequately fund the student instructional needs as described in the basic education


    18. program and multiplied by the district average daily membership as defined in § 16-7-22.


    19. Expenditure data in the following categories: instruction and support services for students,


    20. instruction, general administration, school administration, and other support services from the


    21. National Public Education Financial Survey, as published by NCES, and enrollment data from the


    22. Common Core of Data, also published by NCES, will be used when determining the core-


    23. instruction amount. The core-instruction amount will be updated annually. For the purpose of


    24. calculating this formula, school districts’ resident average daily membership shall exclude charter


    25. school and state-operated school students.


    26. (2) The amount to support high-need students beyond the core-instruction amount shall be


    27. determined by multiplying a student success factor of forty percent (40%) by the core instruction


    28. per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child


    29. whose family income is at or below one hundred eighty-five percent (185%) of federal poverty


    30. guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget


    31. submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of


    32. elementary and secondary education shall develop and utilize a poverty measure that in the


    33. department’s assessment most accurately serves as a proxy for the poverty status referenced in this


    34. subsection and does not rely on the administration of school nutrition programs. The department

  1. shall utilize this measure in calculations pursuant to this subsection related to the application of the


  2. student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state


  3. share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department


4 may also include any recommendations which seek to mitigate any disruptions associated with the


  1. implementation of this new poverty measure or improve the accuracy of its calculation. Beginning


  2. with the FY 2024 calculation, students whose family income is at or below one hundred eighty-


  3. five percent (185%) of federal poverty guidelines will be determined by participation in the


  4. supplemental nutrition assistance program (SNAP). The number of students directly certified


  5. through the Department of Human Services shall be multiplied by a factor of 1.6.


  6. (b) The department of elementary and secondary education shall provide an estimate of the


  7. foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate


  8. shall include the most recent data available as well as an adjustment for average daily membership


  9. growth or decline based on the prior year experience.


  10. (c) In addition, the department shall report updated figures based on the average daily


  11. membership as of October 1 by December 1.


  12. (d) Local education agencies may set aside a portion of funds received under subsection


  13. (a) to expand learning opportunities such as after school and summer programs, full-day


  14. kindergarten and/or multiple pathway programs, provided that the basic education program and all


  15. other approved programs required in law are funded.


  16. (e) The department of elementary and secondary education shall promulgate such


  17. regulations as are necessary to implement fully the purposes of this chapter.


  18. (f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to


  19. state fiscal year 2025, the department of elementary and secondary education shall evaluate the


  20. number of students by district who qualify as MLL students and MLL students whose family


  21. income is at or below one-hundred eighty-five percent (185%) of federal poverty guidelines. The


  22. submission shall also include segmentation of these populations by levels as dictated by the WIDA


  23. multilingual learner assessment tool used as an objective benchmark for English proficiency. The


  24. department shall also prepare and produce expense data sourced from the uniform chart of accounts


  25. to recommend funding levels required to support students at the various levels of proficiency as


  26. determined by the WIDA assessment tool. Utilizing this information, the department shall


  27. recommend a funding solution to meet the needs of multi lingual learners; this may include but not


  28. be limited to inclusion of MLL needs within the core foundation formula amount through one or


  29. multiple weights to distinguish different students of need or through categorical means.


  30. (2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to

    1. state fiscal year 2026, the department of elementary and secondary education shall develop


    2. alternatives to identify students whose family income is at or below one hundred eighty-five percent


    3. (185%) of federal poverty guidelines through participation in state-administered programs,


    4. including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare


    5. and other programs which include the collection of required supporting documentation. The


    6. department may also include any recommendations which seek to mitigate any disruptions


    7. associated with implementation of this new poverty measure or improve the accuracy of its


    8. calculation.


    9. (3) The Department shall also report with its annual budget request information regarding


    10. local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall


    11. also compare these local contributions to state foundation education aid by community. The


    12. department shall also report compliance to each city or town school committee and city or town


    13. council.


    14. 16-7.2-4. Determination of state’s share.


    15. (a) For each district, the state’s share of the foundation education aid calculated pursuant


    16. to § 16-7.2-3(a) shall use a calculation that considers a district’s revenue-generating capacity and


    17. concentration of high-need students. The calculation is the square root of the sum of the state-share


    18. ratio for the community calculation, pursuant to § 16-7-20, squared plus the district’s percentage


    19. of students in grades PK-6 in poverty status squared, divided by two.


    20. If this calculation results in a state share ratio that is less than the state share ratio for the


    21. community calculated pursuant to § 16-7-20(a) and that district's poverty status percentage as


    22. defined in § 16-7.2-3(2) is greater than fifty percent (50%), the state share ratio shall be equal to


    23. the state share ratio for the community calculated pursuant to § 16-7-20(a).


    24. (b) For purposes of determining the state’s share, school district student data used in this


    25. calculation shall include charter school and state school students. These ratios are used in the


    26. permanent foundation education aid formula calculation described in § 16-7.2-5.


    27. (c) There shall be a poverty loss stabilization fund for districts that experience a decline in


    28. the state share ratio calculated pursuant to § 16-7.2-4(a) from the prior year of more than 2.0 percent


    29. (2%). The amount shall be equal to fifty percent (50%) of the difference in the amount of permanent


    30. foundation education aid received pursuant to § 16-7.2-3 received in the prior year.


    31. 16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical


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


    33. (f) School districts with charter public school, Davies, and the Met Center enrollment, that,


    34. combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-

  1. 7-22, shall receive additional aid intended to help offset the impact of new and expanding charter


  2. schools. For FY 2022, aid shall be equal to the number of new students being served as determined


  3. by the difference between the reference year as defined in § 16-7-16 and FY 2019 times a per-pupil


  4. amount of five hundred dollars ($500). For FY 2023 and thereafter, aid shall be equal to the number


  5. of new students being served as determined by the difference between the reference year as defined


  6. in § 16-7-16 and the prior reference year times a per-pupil amount of five hundred dollars ($500).


  7. The additional aid shall be used to offset the adjusted fixed costs retained by the districts of


  8. residence.


  9. 16-7.2-6. Categorical programs, state funded expenses.


  10. In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent


  11. foundation education-aid program shall provide direct state funding for:


  12. (a) Excess costs associated with special education students. Excess costs are defined when


  13. an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary


  14. costs are those educational costs that exceed the state-approved threshold based on an amount


  15. above five four times the core foundation amount (total of core-instruction amount plus student


  16. success amount). The department of elementary and secondary education shall prorate the funds


  17. available for distribution among those eligible school districts if the total approved costs for which


  18. school districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal


  19. year; and the department of elementary and secondary education shall also collect data on those


  20. educational costs that exceed the state-approved threshold based on an amount above two (2), three


  21. (3), and four (4) five (5) times the core-foundation amount;


  22. (b) Career and technical education costs to help meet initial investment requirements


  23. needed to transform existing, or create new, comprehensive, career and technical education


  24. programs and career pathways in critical and emerging industries and to help offset the higher-


  25. than-average costs associated with facilities, equipment maintenance and repair, and supplies


  26. necessary for maintaining the quality of highly specialized programs that are a priority for the state.


  27. The department shall develop criteria for the purpose of allocating any and all career and technical


  28. education funds as may be determined by the general assembly on an annual basis. The department


  29. of elementary and secondary education shall prorate the funds available for distribution among


  30. those eligible school districts if the total approved costs for which school districts are seeking


  31. reimbursement exceed the amount of funding available in any fiscal year;


  32. (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs.


  33. The department shall recommend criteria for the purpose of allocating any and all early childhood


  34. program funds as may be determined by the general assembly;

    1. (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure


    2. that appropriate funding is available to support their students. Additional support for Central Falls


    3. is needed due to concerns regarding the city’s capacity to meet the local share of education costs.


    4. This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside


    5. the permanent foundation education-aid formula, including, but not limited to, transportation,


    6. facility maintenance, and retiree health benefits shall be shared between the state and the city of


    7. Central Falls. The fund shall be annually reviewed to determine the amount of the state and city


    8. appropriation. The state’s share of this fund may be supported through a reallocation of current


    9. state appropriations to the Central Falls school district. At the end of the transition period defined


    10. in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional


    11. support for the Davies and the Met Center is needed due to the costs associated with running a


    12. stand-alone high school offering both academic and career and technical coursework. The


    13. department shall recommend criteria for the purpose of allocating any and all stabilization funds as


14 may be determined by the general assembly;


  1. (e) Excess costs associated with transporting students to out-of-district non-public schools.


  2. This fund will provide state funding for the costs associated with transporting students to out-of-


  3. district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of


  4. non-public out-of-district transportation for those districts participating in the statewide system.


  5. The department of elementary and secondary education shall prorate the funds available for


  6. distribution among those eligible school districts if the total approved costs for which school


  7. districts are seeking reimbursement exceed the amount of funding available in any fiscal year;


  8. (f) Excess costs associated with transporting students within regional school districts. This


  9. fund will provide direct state funding for the excess costs associated with transporting students


  10. within regional school districts, established pursuant to chapter 3 of this title. This fund requires


  11. that the state and regional school district share equally the student transportation costs net any


  12. federal sources of revenue for these expenditures. The department of elementary and secondary


  13. education shall prorate the funds available for distribution among those eligible school districts if


  14. the total approved costs for which school districts are seeking reimbursement exceed the amount


  15. of funding available in any fiscal year;


  16. (g) Public school districts that are regionalized shall be eligible for a regionalization bonus


  17. as set forth below:


  18. (1) As used herein, the term “regionalized” shall be deemed to refer to a regional school


  19. district established under the provisions of chapter 3 of this title, including the Chariho Regional


  20. School district;

    1. (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus


    2. shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the


    3. regionalization bonus shall commence in the first fiscal year following the establishment of a


    4. regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional


    5. School District;


    6. (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the


    7. state’s share of the foundation education aid for the regionalized district as calculated pursuant to


    8. §§ 16-7.2-3 and 16-7.2-4 in that fiscal year;


    9. (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the


    10. state’s share of the foundation education aid for the regionalized district as calculated pursuant to


    11. §§ 16-7.2-3 and 16-7.2-4 in that fiscal year;


    12. (5) The regionalization bonus shall cease in the third fiscal year;


    13. (6) The regionalization bonus for the Chariho regional school district shall be applied to


    14. the state share of the permanent foundation education aid for the member towns; and


    15. (7) The department of elementary and secondary education shall prorate the funds available


    16. for distribution among those eligible regionalized school districts if the total, approved costs for


    17. which regionalized school districts are seeking a regionalization bonus exceed the amount of


    18. funding appropriated in any fiscal year;


    19. (h) Additional state support for English learners (EL). The amount to support EL students


    20. shall be determined by multiplying an EL factor of ten fifteen percent (10 15%) by the core-


    21. instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional


    22. state support to EL students identified using widely adopted, independent standards and


    23. assessments identified by the commissioner. All categorical funds distributed pursuant to this


    24. subsection must be used to provide high-quality, research-based services to EL students and


    25. managed in accordance with requirements set forth by the commissioner of elementary and


    26. secondary education. The department of elementary and secondary education shall collect


    27. performance reports from districts and approve the use of funds prior to expenditure. The


    28. department of elementary and secondary education shall ensure the funds are aligned to activities


    29. that are innovative and expansive and not utilized for activities the district is currently funding. The


    30. department of elementary and secondary education shall prorate the funds available for distribution


    31. among eligible recipients if the total calculated costs exceed the amount of funding available in any


    32. fiscal year;


    33. (i) State support for school resource officers. For purposes of this subsection, a school


    34. resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority

  1. who is deployed by an employing police department or agency in a community-oriented policing


  2. assignment to work in collaboration with one or more schools. School resource officers should have


  3. completed at least forty (40) hours of specialized training in school policing, administered by an


  4. accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years,


  5. school districts or municipalities that choose to employ school resource officers shall receive direct


  6. state support for costs associated with employing such officers at public middle and high schools.


  7. Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of


  8. salaries and benefits for the qualifying positions. Funding will be provided for school resource


  9. officer positions established on or after July 1, 2018, provided that:


  10. (1) Each school resource officer shall be assigned to one school:


  11. (i) Schools with enrollments below one thousand twelve hundred (1,200) students shall


  12. require one school resource officer;


  13. (ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students


  14. shall require two school resource officers;


  15. (2) School resource officers hired in excess of the requirement noted above shall not be


  16. eligible for reimbursement; and


  17. (3) Schools that eliminate existing school resource officer positions and create new


  18. positions under this provision shall not be eligible for reimbursement; and


  19. (j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to


  20. the transition plan in § 16-7.2-7.


  21. 16-7.2-7. Transition plan.


  22. (a) The general assembly shall annually determine the appropriation of education aid


  23. pursuant to this chapter using a transition plan to begin in fiscal year 2012, not to exceed seven (7)


  24. years for LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is more than the


  25. education aid the LEA is receiving as of the effective date of the formula, and ten (10) years for


  26. LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is less than the education aid


  27. the LEA is receiving as of the effective date of the formula.


  28. (b) The local share of funding pursuant to § 16-7.2-5 shall be transitioned proportionately


  29. over a period not to exceed five (5) years. The transition shall provide a combination of direct aid


  30. to districts, funds for the categorical programs, and district savings through state-assumed costs, as


  31. determined by the general assembly on an annual basis. Updates to any components of the


  32. permanent foundation education aid formula, such as student data, property values, and/or median


  33. family income, that result in an increase or decrease in state education aid that impacts the total


  34. state and local contribution by more than three percent (3%) shall be transitioned over a period of

  1. time not to exceed three (3) years.


  2. (c) Districts that experience a reduction in enrollment from the prior fiscal year shall


  3. receive forty percent (40%) of the amount of state aid pursuant to § 16-7.2-3 associated with that


  4. enrollment decline and will receive twenty-five percent (25%) of that amount in the next preceding


  5. year.


  6. (c)(d) For districts that are converting from a half-day to a full-day kindergarten program


  7. for the 2014-2015 school year and after, as defined by § 16-99-4, the increase in aid provided


  8. pursuant to the formula for the increased reference average daily membership due to the conversion


  9. of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is not subject


  10. to the transition plan in subsection (a); instead, the increased kindergarten full-time equivalents will


  11. be funded at the fully transitioned value of the formula beginning in FY 2017.


  12. SECTION 3. Section 16-56-6 of the General Laws in Chapter 16-56 entitled


  13. "Postsecondary Student Financial Assistance" is hereby amended to read as follows:


  14. 16-56-6. Need-based grants.


  15. (a) Amount of funds allocated. The commissioner of postsecondary education shall allocate


  16. annually the appropriation for need-based scholarships and grants. Of the total amount appropriated


  17. for need-based scholarship and grants, the lesser of twenty percent (20%) or one million five eight


  18. hundred thousand dollars ($1,500,000) ($1,800,000) shall be distributed to qualified students


  19. attending participating, independent, non-profit, higher education institutions in Rhode Island. The


  20. remainder of funds shall be limited to public higher education institutions in Rhode Island including


  21. payments made pursuant to § 16-100-3(c). As part of the annual budget submission, the office of


  22. postsecondary commissioner shall include a plan of how the need-based scholarship and grant


  23. funds will be allocated to each public institution receiving funds pursuant to this chapter and how


  24. the funds will be distributed to students attending independent, non-profit institutions.


  25. (b) Eligibility of individuals. Eligibility for need-based grants and scholarships shall be


  26. determined by the office of the postsecondary commissioner.


  27. (c) Number and terms of awards. The number of awards to be granted in any one fiscal


  28. year shall be contingent upon the funds allocated to this section.


  29. SECTION 4. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Council on


  30. Postsecondary Education [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]"


  31. is hereby amended to read as follows:


  32. 16-59-9. Educational budget and appropriations.


  33. (a) The general assembly shall annually appropriate any sums it deems necessary for


  34. support and maintenance of higher education in the state and the state controller is authorized and

  1. directed to draw his or her orders upon the general treasurer for the payment of the appropriations


  2. or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him


  3. or her of proper vouchers as the council on postsecondary education may by rule provide. The


  4. council shall receive, review, and adjust the budget for the office of postsecondary commissioner


  5. and present the budget as part of the budget for higher education under the requirements of § 35-3-


  6. 4.


  7. (b) The office of postsecondary commissioner and the institutions of public higher


  8. education shall establish working capital accounts.


  9. (c) Any tuition or fee increase schedules in effect for the institutions of public higher


  10. education shall be received by the council on postsecondary education for allocation for the fiscal


  11. year for which state appropriations are made to the council by the general assembly; provided that


  12. no further increases may be made by the board of education or the council on postsecondary


  13. education for the year for which appropriations are made. Except that these provisions shall not


  14. apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode


  15. Island, Rhode Island college, and the community colleges including student fees as described in


  16. P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257


  17. as amended.


  18. (d) All housing, dining, and other auxiliary facilities at all public institutions of higher


  19. learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay


  20. operating expenses, including principal and interest on debt services, and overhead expenses for


  21. the facilities, with the exception of the mandatory fees covered by the Rhode Island promise


  22. scholarship program as established by § 16-107-3 and the Rhode Island hope scholarship


  23. established by § 16-112-3. Any debt-service costs on general obligation bonds presented to the


  24. voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital


  25. plan for the housing auxiliaries at the university of Rhode Island and Rhode Island college shall


  26. not be subject to this self-supporting requirement in order to provide funds for the building


  27. construction and rehabilitation program. The institutions of public higher education will establish


  28. policies and procedures that enhance the opportunity for auxiliary facilities to be self-supporting,


  29. including that all faculty provide timely and accurate copies of booklists for required textbooks to


  30. the public higher educational institution’s bookstore.


  31. (e) The additional costs to achieve self-supporting status shall be by the implementation of


  32. a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,


  33. operating expenses, principal, and interest on debt services, and overhead expenses.


  34. (f) The board of education is authorized to establish two (2) restricted-receipt accounts for

    1. the higher education and industry centers established throughout the state: one to collect lease


    2. payments from occupying companies, and fees from room and service rentals, to support the


    3. operation and maintenance of the facilities; and one to collect donations to support construction,


    4. operations and maintenance. All such revenues shall be deposited to the restricted-receipt accounts.


    5. (g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to


    6. the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode


    7. Island health and educational building corporation or outstanding lease certificates of participation,


    8. in either case, issued for the benefit of the university of Rhode Island, the community college of


    9. Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions


    10. of any such bonds or certificates of participation, the general assembly shall annually appropriate


    11. any such sums it deems necessary from educational and general revenues (including, but not limited


    12. to, tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the


    13. community college of Rhode Island and Rhode Island college, to be allocated by the council on


    14. postsecondary education or by the board of trustees of the university of Rhode Island, as


    15. appropriate, in accordance with the terms of the contracts with such bondholders or certificate


    16. holders.


    17. (h) The board of education is authorized to establish a restricted-receipt account for income


    18. generated by the Rhode Island nursing education center through the rental of classrooms,


    19. laboratories, or other facilities located on the Providence campus of the nursing education center.


    20. All such revenues shall be deposited to the restricted receipt account.


    21. (i) The board of education is authorized to establish a restricted-receipt account for the


    22. receipt and expenditure of monies received from IGT Global Solutions Corporation for the purpose


    23. of financing scholarships relating to studying science, technology, engineering, or mathematics at


    24. an accredited educational institution. This account shall be housed within the budget of the office


    25. of the postsecondary commissioner and exempt from the indirect cost recovery provisions of § 35-


    26. 4-27.


    27. SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by


    28. adding thereto the following chapter:


    29. CHAPTER 112


    30. RHODE ISLAND HOPE SCHOLARSHIP PILOT PROGRAM ACT


    31. 16-112-1. Short title.


    32. This chapter shall be known and may be cited as the "Rhode Island Hope Scholarship Pilot


    33. Program Act".


    34. 16-112-2. Legislative findings and purpose.

  1. (a) The general assembly finds and declares that:


  2. (1) Education is critical for the state's young people to achieve their aspirations and develop


  3. their talents;


  4. (2) The state's economic success depends on a highly educated and skilled workforce;


  5. (3) The state's future prosperity depends upon its ability to make educational opportunities


  6. beyond high school available for all students;


  7. (4) The coronavirus has inflicted undue hardships on students and their families, creating


  8. barriers to a four (4) year college degree;


  9. (5) A merit-based tuition reduction program will help make a four (4) year college degree


  10. available to all students;


  11. (6) Rhode Island college offers students a feasible opportunity to obtain a four (4) year


  12. degree, but remains an underutilized resource in the state; and


  13. (7) The State of Rhode Island's motto is "Hope".


  14. (b) In order to address the findings set forth in subsection (a) of this section, the purpose


  15. of this chapter is to increase the number of students enrolling in and completing four (4) year


  16. degrees and certificates on time from Rhode Island college, and to promote more graduates in high-


  17. need fields such as nursing, pre-k through grade twelve (12) education, and the trades, which are


  18. fields for which Rhode Island college provides a strong and affordable education.


  19. (c) The purpose of the pilot program is also to determine whether a scholarship program


  20. for Rhode Island college that is modeled on the promise scholarship program established in chapter


  21. 107 of title 16 would be successful in attaining the goals set forth in this section.".


  22. 16-112-3. Establishment of scholarship program.


  23. There is hereby established the Rhode Island hope scholarship pilot program. The general


  24. assembly shall annually appropriate the funds necessary to implement the purposes of this chapter


  25. for the periods of the pilot program. Additional funds beyond the scholarships may be appropriated


  26. to support and advance the Rhode Island hope scholarship pilot program. In addition to


  27. appropriation by the general assembly, charitable donations may be accepted into the scholarship


  28. program.


  29. 16-112-4. Definitions.


  30. When used in this chapter, the following terms shall have the following meanings:


  31. (1) "ADA" means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as may


  32. be amended from time to time.


  33. (2) "Certificate" means any certificate program with labor market value as defined by the


  34. postsecondary commissioner.

    1. (3) "College-level credit" means credit awarded by a college or university for completion


    2. of its own courses or other academic work.


    3. (4) "FAFSA" means the Free Application for Federal Student Aid form.


    4. (5) "General education coursework" means the educational foundation of knowledge,


    5. skills, and attitudes that prepare students for success in their majors and their personal and


    6. professional lives after graduation. It includes, but is not limited to, the required coursework of all


    7. degrees developed by each eligible postsecondary institution that is approved by the council on


    8. postsecondary education that is intended to ensure that all graduates of a state institution have a


    9. balanced core of competencies and knowledge. This does not necessarily include coursework


    10. specifically required for one's major.


    11. (6) "Mandatory fees and tuition" means the costs that every student is required to pay in


    12. order to enroll in classes, and does not include room and board, textbooks, program fees that may


    13. exist in some majors, course fees that may exist for some specific courses, meal plans, or travel.


    14. (7) "On track to graduate on time" means the standards determined by Rhode Island college


    15. in establishing the expectation of a student to graduate with a bachelor's degree within four (4)


    16. years of enrollment, or the prescribed completion time for a student completing a certificate


    17. (recognizing that some students, including students who require developmental education, are


    18. double majors, or are enrolled in certain professional programs may require an extended time period


    19. for degree completion).


    20. (8) "Reasonable accommodations" means any necessary modifications or adjustment to a


    21. facility, equipment, program, or manner of operation as required by the Americans with Disabilities


    22. Act ("ADA") and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 791, as may be


    23. amended from time to time;


    24. (10) "Recipient student" means a student attending Rhode Island college who qualifies to


    25. receive the Rhode Island hope scholarship pursuant to § 16-112-6.


    26. (9) "Pilot program" and "scholarship program" means the Rhode Island hope scholarship


    27. pilot program that is established pursuant to § 16-112-3.


    28. (11) "State" means the State of Rhode Island.


    29. (12) "Student with a disability" means any student otherwise eligible pursuant to this


    30. chapter who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-


    31. 87-1, that would create a hardship or other functional obstacles preventing participation in this


    32. program.


    33. 16-112-5. Administration of scholarship program.


    34. (a) The financial aid office at Rhode Island college, in conjunction with the admissions

      1. office or their respective equivalent offices at Rhode Island college, shall administer the scholarship


      2. program for state residents seeking bachelor's degrees and/or certificates who meet the eligibility


      3. requirements in this chapter.


      4. (b) An award of the scholarship program shall cover the cost of up to two (2) years of


      5. tuition and mandatory fees, for the junior and senior years of the student, or in the case of an adult


      6. student, who has attained at least sixty (60) credit hours, then the award may cover tuition and


      7. mandatory fees over a duration of not more than two (2) years. In all instances, these awards shall


      8. be reduced by the amount of federal and all other financial aid monies available to the recipient


      9. student. None of any grants received by students from the department of children, youth and


      10. families' higher education opportunity incentive grant as established by chapter 72.8 of title 42 or


      11. the college crusade scholarship act as established in chapter 70 of title 16 shall be considered federal


      12. or financial aid for the purposes of this chapter.


      13. (c) The scholarship program is limited to one award per student as required by § 16-112-


      14. 6(a)(7); provided that, the award may cover the two (2) years which constitute the junior and senior


      15. years of the student, or the two (2) years for an adult student, and may be dispersed in separate


      16. installments.


      17. 16-112-6. Eligibility for merit based tuition reduction scholarship at Rhode Island


      18. college.


      19. (a) Beginning with the students who enrolled at Rhode Island college in the fall of 2023, a


      20. student:


      21. (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by


      22. the council on postsecondary education, as amended, supplemented, restated, or otherwise modified


      23. from time to time ("residency policy");


      24. (2) Must be a currently enrolled full-time student who has declared a major and earned a


      25. minimum of sixty (60) total credit hours towards an eligible program of study, as determined by


      26. Rhode Island college;


      27. (3) Must complete the FAFSA and any required FAFSA verification by the deadline


      28. prescribed by Rhode Island college for each year in which the student seeks to receive funding


      29. under the scholarship program; provided that, persons who are legally unable to complete the


      30. FAFSA must complete a comparable form created by Rhode Island college, by the deadline


      31. prescribed by Rhode Island college, for each year in which the student seeks to receive funding


      32. under the scholarship program;


      33. (4) Must enroll or have enrolled full-time as a freshman as a first-time student and continue


      34. to be enrolled on a full-time basis at Rhode Island college, by the dates indicated within this chapter;

        1. (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or


        2. greater, as determined by Rhode Island college, prior to obtaining the scholarship and also as a


        3. condition of being able to continue to be a scholarship recipient;


        4. (6) Must remain on track to graduate on time as determined by Rhode Island college and


        5. must complete both the student's freshman and sophomore years at Rhode Island college, or in the


        6. case of an adult student, have completed sixty (60) credit hours of tuition and mandatory fees at


        7. Rhode Island college over a duration of no more than four (4) years;


        8. (7) Must not have already received an award under this program or under chapter 107 of


        9. title 16; and


        10. (8) Must commit to live, work, or continue their education in Rhode Island after graduation.


        11. (b) Rhode Island college, in conjunction with the office of the postsecondary


        12. commissioner, shall develop a policy that will secure the commitment set forth in subsection (a) of


        13. this section from recipient students.


        14. (c) Notwithstanding the eligibility requirements under subsection (a) of this section


        15. ("specified conditions"):


        16. (1) In the case of a recipient student who has an approved medical or personal leave of


        17. absence or is unable to satisfy one or more specified conditions because of the student's medical or


        18. personal circumstances, the student may continue to receive an award under the scholarship


        19. program upon resuming the student's education so long as the student continues to meet all other


        20. applicable eligibility requirements;


        21. (2) In the case of a recipient student who is a member of the national guard or a member


        22. of a reserve unit of a branch of the United States military and is unable to satisfy one or more


        23. specified conditions because the student is or will be in basic or special military training, or is or


        24. will be participating in a deployment of the student's guard or reserve unit, the student may continue


        25. to receive an award under the scholarship program upon completion of the student's basic or special


        26. military training or deployment; and


        27. (3) Students enrolled in Rhode Island college as of July 1, 2021, who have attained junior


        28. status at Rhode Island college as of July 1, 2023, or who enrolled in Rhode Island college as of July


        29. 1, 2022, and who have attained junior status at Rhode Island college as of July 1, 2024, and who


        30. are otherwise in compliance with this chapter, shall be eligible for a hope scholarship under this


        31. chapter.


        32. (4) Any student with a disability, otherwise eligible for a scholarship pursuant to the


        33. provisions of this section, shall be entitled to access this program and shall be afforded all


        34. reasonable accommodations, as required by the ADA and the Rehabilitation Act of 1973, including,

  1. but not limited to, enrolling on a part-time basis and taking longer than four (4) years to graduate


  2. with a bachelor's degree.


  3. (d) The decision of whether or not a student has attained junior or senior status by the


  4. appropriate date shall be determined by the appropriate body of Rhode Island college, subject to


  5. the rules, regulations, and procedures established pursuant to § 16-112-8.


  6. 16-112-7. Reporting and disbursement.


  7. (a) On or before November 10, 2023, and on or before November 10 thereafter for every


  8. year through and including calendar year 2028, Rhode Island college shall submit a report to the


  9. director of the office of management and budget, the state budget officer, the house fiscal advisor,


  10. the senate fiscal advisor, the commissioner of postsecondary education, and the chair of the council


  11. on postsecondary education, a report detailing the following:


  12. (1) The number of students eligible to participate in the scholarship program;


  13. (2) The amount of federal and institutional financial aid anticipated to be received by


  14. recipient students;


  15. (3) The aggregate tuition and mandatory fee costs attributable to recipient students;


  16. (4) The resulting total cost of the scholarship program to the state; and


  17. (5) The report shall contain such data for both the current fiscal year and the most up-to-


  18. date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort


  19. and shall be accompanied by a written explanation detailing the estimating methodology utilized


  20. and any impact(s) the forecasted data may present to institutional capacity, operational costs, and


  21. the tuition/fee revenue base of the institution.


  22. (b) On or before July 1, 2024, and on before July 1 thereafter for every year until through


  23. and including calendar year 2028, Rhode Island college, in conjunction with the office of the


  24. postsecondary commissioner, shall submit a report evaluating the program to the governor, speaker


  25. of the house, and the president of the senate. This evaluation shall include the following:


  26. (1) The number of students who started in each cohort·


  27. (2) The number of students in each cohort who have attained a degree or certification in an


  28. on-time manner;


  29. (3) The number of students in each cohort who have not attained a degree or certification


  30. in an on-time manner and an analysis of why that has happened;


  31. (4) The number of students in each cohort who began the program but have been unable to


  32. continue or complete the program and an analysis of why that has happened;


  33. (5) The costs of the program and the costs of continuing the program;


  34. (6) Suggestions for ways to increase the success of the program;

  1. (7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing


  2. the program; and


  3. (8) Any such other recommendations or information as Rhode Island college and the


  4. commissioner of postsecondary education deem appropriate to include in the evaluation.


  5. (c) The office of management and budget, in consultation with the office of the


  6. postsecondary commissioner, shall oversee the apportionment and disbursement of all funds


  7. appropriated for the purpose of the scholarship program.


  8. 16-112-8. Rules, regulations, and procedures.


  9. The council on postsecondary education is hereby authorized to promulgate rules and


  10. regulations to effectuate the purposes of this chapter, including, but not limited to, the residency


  11. policy, and Rhode Island college shall establish appeal procedures for the award, denial, or


  12. revocation of funding under the scholarship program. The rules and regulations shall be


  13. promulgated in accordance with § 16-59-4.


  14. 16-112-9. Applicability to current students.


  15. Currently enrolled students at Rhode Island college who have attained junior status as of


16 July 1, 2023, or July 1, 2024, and who otherwise meet the requirements of this chapter, shall be


  1. eligible for a hope scholarship under this chapter.


  2. 16-112-10. Funding of and sunset of pilot program.


  3. The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023,


  4. through and including July 1, 2028. There shall be no further funding of the pilot program without


  5. further action of the general assembly. Any final reports due pursuant to this chapter shall be filed


  6. pursuant to the dates set forth herein.


  7. SECTION 6. This article shall take effect upon passage.

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    art.009/5/009/4/009/3/009/2/009/1

    =======


    1. ARTICLE 9 AS AMENDED


    2. RELATING TO HUMAN SERVICES



    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

  1. hospital license fee. This licensing fee shall be administered and collected by the tax administrator,


  2. division of taxation within the department of revenue, and all the administration, collection, and


  3. other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to


  4. the tax administrator on or before July 13, 2022, and payments shall be made by electronic transfer


  5. of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or


  6. before June 15, 2022, make a return to the tax administrator containing the correct computation of


  7. net patient-services revenue for the hospital fiscal year ending September 30, 2020, and the


  8. licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized


  9. representative, subject to the pains and penalties of perjury.


  10. (c)(b) There is also imposed a hospital licensing fee for state fiscal year 2023 against each


  11. hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent


  12. (5.42%) of the net patient-services revenue of every hospital for the hospital’s first fiscal year


  13. ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington


  14. County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for


  15. Washington County hospitals is subject to approval by the Secretary of the U.S. Department of


  16. Health and Human Services of a state plan amendment submitted by the executive office of health


  17. and human services for the purpose of pursuing a waiver of the uniformity requirement for the


  18. hospital license fee. This licensing fee shall be administered and collected by the tax administrator,


  19. division of taxation within the department of revenue, and all the administration, collection, and


  20. other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to


  21. the tax administrator on or before June 30, 2023, and payments shall be made by electronic transfer


  22. of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or


  23. before May 25, 2023, make a return to the tax administrator containing the correct computation of


  24. net patient-services revenue for the hospital fiscal year ending September 30, 2021, and the


  25. licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized


  26. representative, subject to the pains and penalties of perjury.


  27. (c) There is also imposed a hospital licensing fee described in subsections d through g for


  28. state fiscal years 2024 and 2025 against net patient-services revenue of every non-government


  29. owned hospital as defined herein for the hospital’s first fiscal year ending on or after January 1,


  30. 2022. The hospital licensing fee shall have three (3) tiers with differing fees based on inpatient and


  31. outpatient net patient-services revenue. The executive office of health and human services, in


  32. consultation with the tax administrator, shall identify the hospitals in each tier, subject to the


  33. definitions in this section, by July 15, 2023, and shall notify each hospital of its tier by August 1,


  34. 2023.

1 (d) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or Tier


2 3.


  1. (1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and twelve hundredths


  2. percent (13.12%) of the inpatient net patient-services revenue derived from inpatient net patient-


  3. services revenue of every Tier 1 hospital.


  4. (2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and thirty hundredths


  5. percent (13.30%) of the net patient-services revenue derived from outpatient net patient-services


  6. revenue of every Tier 1 hospital.


  7. (e) Tier 2 is composed of High Medicaid/Uninsured Cost Hospitals and Independent


  8. Hospitals.


  9. (1) The inpatient hospital licensing fee for Tier 2 is equal to two and sixty-three hundredths


  10. (2.63%) of the inpatient net patient-services revenue derived from inpatient net patient-services


  11. revenue of every Tier 2 hospital.


  12. (2) The outpatient hospital licensing fee for Tier 2 is equal to two and sixty-six one


  13. hundredths (2.66%) of the outpatient net patient-services revenue derived from outpatient net


  14. patient-services revenue of every Tier 2 hospital.


  15. (f) Tier 3 is composed of hospitals that are Medicare-designated Low Volume hospitals


  16. and rehabilitative hospitals.


  17. (1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-one hundredths


  18. (1.31%) of the inpatient net patient-services revenue derived from inpatient net patient-services


  19. revenue of every Tier 3 hospital.


  20. (2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-three


  21. hundredths (1.33%) of the outpatient net patient-services revenue derived from outpatient net


  22. patient-services revenue of every Tier 3 hospital.


  23. (g) There is also imposed a hospital licensing fee for state fiscal year 2024 against state-


  24. government owned and operated hospitals in the state as defined therein. The hospital licensing fee


  25. is equal to five and twenty-five hundredths percent (5.25%) of the net patient-services revenue of


  26. every hospital for the hospital’s first fiscal year ending on or after January 1, 2022.


  27. (h) The hospital licensing fee described in subsections (c) through (g) is subject to U.S.


  28. Department of Health and Human Services approval of a request to waive the requirement that


  29. health care-related taxes be imposed uniformly as contained in 42 CFR 433.68(d).


  30. (i) This hospital licensing fee shall be administered and collected by the tax administrator,


  31. division of taxation within the department of revenue, and all the administration, collection, and


  32. other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to

  1. the tax administrator before June 30 of each fiscal year, and payments shall be made by electronic


  2. transfer of monies to the tax administrator and deposited to the general fund. Every hospital shall,


  3. on or before August 1, 2023, make a return to the tax administrator containing the correct


  4. computation of inpatient and outpatient net patient-services revenue for the hospital fiscal year


  5. ending in 2022, and the licensing fee due upon that amount. All returns shall be signed by the


  6. hospital’s authorized representative, subject to the pains and penalties of perjury.


  7. (d)(j) For purposes of this section the following words and phrases have the following


  8. meanings:


  9. (1) “Hospital” means the actual facilities and buildings in existence in Rhode Island,


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


  11. that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital


  12. conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient


  13. and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,


  14. disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid


  15. managed care payment rates for a court-approved purchaser that acquires a hospital through


  16. receivership, special mastership, or other similar state insolvency proceedings (which court-


  17. approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly


  18. negotiated rates between the court-approved purchaser and the health plan, and such rates shall be


  19. effective as of the date that the court-approved purchaser and the health plan execute the initial


  20. agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital


  21. payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),


  22. respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)


  23. period as of July 1 following the completion of the first full year of the court-approved purchaser’s


  24. initial Medicaid managed care contract.


  25. (2) “Non-government owned hospitals” means a hospital not owned and operated by the


  26. state of Rhode Island.


  27. (3) “State-government owned and operated hospitals” means a hospital facility licensed by


  28. the Rhode Island Department of Health, owned and operated by the state of Rhode Island.


  29. (4) “Rehabilitative Hospital” means Rehabilitation Hospital Center licensed by the Rhode


  30. Island Department of Health.


  31. (5) “Independent Hospitals” means a hospital not part of a multi-hospital system


  32. (6) “High Medicaid/Uninsured Cost Hospital” means a hospital for which the hospital’s


  33. total uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital’s total


  34. net patient-services revenues, is equal to 6.0% or greater.

    1. (7) “Medicare-designated Low Volume Hospital” means a hospital that qualifies under 42


    2. CFR 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher


    3. incremental costs associated with a low volume of discharges.


    4. (2)(8) “Gross patient-services revenue” means the gross revenue related to patient care


    5. services.


    6. (3)(9) “Net patient-services revenue” means the charges related to patient care services less


    7. (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.


    8. (10) “Inpatient net patient-services revenue” means the charges related to inpatient care


    9. services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual


    10. allowances.


    11. (11) “Outpatient net patient-services revenue” means the charges related to outpatient care


    12. services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual


    13. allowances.


    14. (e)(k) The tax administrator in consultation with the executive office of health and human


    15. services shall make and promulgate any rules, regulations, and procedures not inconsistent with


    16. state law and fiscal procedures that he or she deems necessary for the proper administration of this


    17. section and to carry out the provisions, policy, and purposes of this section.


    18. (f)(l) The licensing fee imposed by subsection (a) shall apply to hospitals as defined herein


    19. that are duly licensed on July 1, 2020 2021, and shall be in addition to the inspection fee imposed


    20. by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.


    21. (g)(m) The licensing fee imposed by subsection (b) shall apply to hospitals as defined


    22. herein that are duly licensed on July 1, 2021 2022, and shall be in addition to the inspection fee


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


    24. section.


    25. (h)(n) The licensing fee fees imposed by subsection subsections (c) through (g) shall apply


    26. to hospitals as defined herein that are duly licensed on July 1, 2022 2023, and shall be in addition


    27. to the inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in


    28. accordance with this section.


    29. SECTION 2. Sections 40-5.2-8, 40-5.2-10 and 40-5.2-20 of the General Laws in Chapter


    30. 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as follows:


    31. 40-5.2-8. Definitions.


    32. As used in this chapter, the following terms having the meanings set forth herein, unless


    33. the context in which such terms are used clearly indicates to the contrary:


    34. (1) “Applicant” means a person who has filed a written application for assistance for herself

      1. or himself and her or his dependent child(ren). An applicant may be a parent or non-parent caretaker


      2. relative.


      3. (2) “Assistance” means cash and any other benefits provided pursuant to this chapter.


      4. (3) “Assistance unit” means the assistance-filing unit consisting of the group of persons,


      5. including the dependent child(ren), living together in a single household who must be included in


      6. the application for assistance and in the assistance payment if eligibility is established. An


      7. assistance unit may be the same as a family.


      8. (4) “Benefits” shall mean assistance received pursuant to this chapter.


      9. (5) “Community service programs” means structured programs and activities in which cash


      10. assistance recipients perform work for the direct benefit of the community under the auspices of


      11. public or nonprofit organizations. Community service programs are designed to improve the


      12. employability of recipients not otherwise able to obtain paid employment.


      13. (6) “Department” means the department of human services.


      14. (7) “Dependent child” means an individual, other than an individual with respect to whom


      15. foster care maintenance payments are made, who is: (i) Under the age of eighteen (18); or (ii) Under


      16. the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of


      17. vocational or educational training).


      18. (8) “Director” means the director of the department of human services.


      19. (9) “Earned income” means income in cash or the equivalent received by a person through


      20. the receipt of wages, salary, commissions, or profit from activities in which the person is self-


      21. employed or as an employee and before any deductions for taxes.


      22. (10) “Earned income tax credit” means the credit against federal personal income tax


      23. liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section,


      24. the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26


      25. U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned


      26. income tax credit, as well as any refundable state earned income tax credit.


      27. (11) “Education directly related to employment” means education, in the case of a


      28. participant who has not received a high school diploma or a certificate of high school equivalency,


      29. related to a specific occupation, job, or job offer.


      30. (12) “Family” means: (i) A pregnant woman person from and including the seventh month


      31. onset of her pregnancy; or (ii) A child and the following eligible persons living in the same


      32. household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence


      33. of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The


      34. child’s minor siblings (whether of the whole or half blood); provided, however, that the term

  1. “family” shall not include any person receiving benefits under Title XVI of the Social Security Act,


  2. 42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit.


  3. (13) “Gross earnings” means earnings from employment and self-employment further


  4. described in the department of human services rules and regulations.


  5. (14) “Individual employment plan” means a written, individualized plan for employment


  6. developed jointly by the applicant and the department of human services that specifies the steps the


  7. participant shall take toward long-term economic independence developed in accordance with §


  8. 40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a


  9. condition of eligibility in accordance with § 40-5.2-10(e).


  10. (15) “Job search and job readiness” means the mandatory act of seeking or obtaining


  11. employment by the participant, or the preparation to seek or obtain employment.


  12. In accord with federal requirements, job search activities must be supervised by the


  13. department of labor and training and must be reported to the department of human services in


  14. accordance with TANF work verification requirements.


  15. Except in the context of rehabilitation employment plans, and special services provided by


  16. the department of children, youth and families, job-search and job-readiness activities are limited


  17. to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with


  18. limited exceptions as defined by the department. The department of human services, in consultation


  19. with the department of labor and training, shall extend job-search, and job-readiness assistance for


  20. up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent


  21. (50%) greater than the United States unemployment rate if the state meets the definition of a “needy


  22. state” under the contingency fund provisions of federal law.


  23. Preparation to seek employment, or job readiness, may include, but may not be limited to:


  24. the participant obtaining life-skills training; homelessness services; domestic violence services;


  25. special services for families provided by the department of children, youth and families; substance


  26. abuse treatment; mental health treatment; or rehabilitation activities as appropriate for those who


  27. are otherwise employable. The services, treatment, or therapy must be determined to be necessary


  28. and certified by a qualified medical or mental health professional. Intensive work-readiness


  29. services may include: work-based literacy; numeracy; hands-on training; work experience; and case


  30. management services. Nothing in this section shall be interpreted to mean that the department of


  31. labor and training shall be the sole provider of job-readiness activities described herein.


  32. (16) “Job skills training directly related to employment” means training or education for


  33. job skills required by an employer to provide an individual with the ability to obtain employment


  34. or to advance or adapt to the changing demands of the workplace. Job skills training directly related

  1. to employment must be supervised on an ongoing basis.


  2. (17) “Minor parent” means a parent under the age of eighteen (18). A minor parent may be


  3. an applicant or recipient with his or her dependent child(ren) in his or her own case or a member


  4. of an assistance unit with his or her dependent child(ren) in a case established by the minor parent’s


  5. parent.


  6. (18) “Net income” means the total gross income of the assistance unit less allowable


  7. disregards and deductions as described in § 40-5.2-10(g).


  8. (19) “On-the-job training” means training in the public or private sector that is given to a


  9. paid employee while he or she is engaged in productive work and that provides knowledge and


  10. skills essential to the full and adequate performance of the job. On-the-job training must be


  11. supervised by an employer, work-site sponsor, or other designee of the department of human


  12. services on an ongoing basis.


  13. (20) “Participant” means a person who has been found eligible for assistance in accordance


  14. with this chapter and who must comply with all requirements of this chapter, and has entered into


  15. an individual employment plan. A participant may be a parent or non-parent caretaker relative


  16. included in the cash assistance payment.


  17. (21) “Recipient” means a person who has been found eligible and receives cash assistance


  18. in accordance with this chapter.


  19. (22) “Relative” means a parent, stepparent, grandparent, great grandparent, great-great


  20. grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother,


  21. stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-


  22. niece, great-great niece, nephew, great-nephew, or great-great nephew.


  23. (23) “Resident” means a person who maintains residence by his or her continuous physical


  24. presence in the state.


  25. (24) “Self-employment income” means the total profit from a business enterprise, farming,


  26. etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses


  27. directly related to producing the goods or services and without which the goods or services could


  28. not be produced. However, items such as depreciation, personal business and entertainment


  29. expenses, and personal transportation are not considered business expenses for the purposes of


  30. determining eligibility for cash assistance in accordance with this chapter.


  31. (25) “State” means the state of Rhode Island.


  32. (26) “Subsidized employment” means employment in the private or public sectors for


  33. which the employer receives a subsidy from TANF or other public funds to offset some or all of


  34. the wages and costs of employing a recipient. It includes work in which all or a portion of the wages

  1. paid to the recipient are provided to the employer either as a reimbursement for the extra costs of


  2. training or as an incentive to hire the recipient, including, but not limited to, grant diversion.


  3. (27) “Subsidized housing” means housing for a family whose rent is restricted to a


  4. percentage of its income.


  5. (28) “Unsubsidized employment” means full- or part-time employment in the public or


  6. private sector that is not subsidized by TANF or any other public program.


  7. (29) “Vocational educational training” means organized educational programs, not to


  8. exceed twelve (12) months with respect to any participant, that are directly related to the preparation


  9. of participants for employment in current or emerging occupations. Vocational educational training


  10. must be supervised.


  11. (30) “Work activities” mean the specific work requirements that must be defined in the


  12. individual employment plan and must be complied with by the participant as a condition of


  13. eligibility for the receipt of cash assistance for single and two-family (2) households outlined in §


  14. 40-5.2-12.


  15. (31) “Work experience” means a work activity that provides a participant with an


  16. opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain


  17. employment. The purpose of work experience is to improve the employability of those who cannot


  18. find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee


  19. of the department must supervise this activity.


  20. (32) “Work supplementation,” also known as “grant diversion,” means the use of all or a


  21. portion of a participant’s cash assistance grant and food stamp grant as a wage supplement to an


  22. employer. The supplement shall be limited to a maximum period of twelve (12) months. An


  23. employer must agree to continue the employment of the participant as part of the regular work


  24. force, beyond the supplement period, if the participant demonstrates satisfactory performance.


  25. 40-5.2-10. Necessary requirements and conditions.


  26. The following requirements and conditions shall be necessary to establish eligibility for


  27. the program.


  28. (a) Citizenship, alienage, and residency requirements.


  29. (1) A person shall be a resident of the State of Rhode Island.


  30. (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the


  31. alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity


  32. Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be


  33. amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the


  34. alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in

  1. accordance with this chapter.


  2. (b) The family/assistance unit must meet any other requirements established by the


  3. department of human services by rules and regulations adopted pursuant to the Administrative


  4. Procedures Act, as necessary to promote the purpose and goals of this chapter.


  5. (c) Receipt of cash assistance is conditional upon compliance with all program


  6. requirements.


  7. (d) All individuals domiciled in this state shall be exempt from the application of


  8. subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work


  9. Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any


  10. individual ineligible for certain state and federal assistance if that individual has been convicted


  11. under federal or state law of any offense that is classified as a felony by the law of the jurisdiction


  12. and that has as an element the possession, use, or distribution of a controlled substance as defined


  13. in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).


  14. (e) Individual employment plan as a condition of eligibility.


  15. (1) Following receipt of an application, the department of human services shall assess the


  16. financial conditions of the family, including the non-parent caretaker relative who is applying for


  17. cash assistance for himself or herself as well as for the minor child(ren), in the context of an


  18. eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-


  19. employed, the department shall conduct an initial assessment, taking into account:


  20. (A) The physical capacity, skills, education, work experience, health, safety, family


  21. responsibilities, and place of residence of the individual; and


  22. (B) The child care and supportive services required by the applicant to avail himself or


  23. herself of employment opportunities and/or work readiness programs.


  24. (2) On the basis of this assessment, the department of human services and the department


  25. of labor and training, as appropriate, in consultation with the applicant, shall develop an individual


  26. employment plan for the family that requires the individual to participate in the intensive


  27. employment services. Intensive employment services shall be defined as the work requirement


  28. activities in § 40-5.2-12(g) and (i).


  29. (3) The director, or his or her designee, may assign a case manager to an


  30. applicant/participant, as appropriate.


  31. (4) The department of labor and training and the department of human services in


  32. conjunction with the participant shall develop a revised individual employment plan that shall


  33. identify employment objectives, taking into consideration factors above, and shall include a


  34. strategy for immediate employment and for preparing for, finding, and retaining employment

  1. consistent, to the extent practicable, with the individual’s career objectives.


  2. (5) The individual employment plan must include the provision for the participant to


  3. engage in work requirements as outlined in § 40-5.2-12.


  4. (6)(i) The participant shall attend and participate immediately in intensive assessment and


  5. employment services as the first step in the individual employment plan, unless temporarily exempt


  6. from this requirement in accordance with this chapter. Intensive assessment and employment


  7. services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).


  8. (ii) Parents under age twenty (20) without a high school diploma or general equivalency


  9. diploma (GED) shall be referred to special teen-parent programs that will provide intensive services


  10. designed to assist teen parents to complete high school education or GED, and to continue approved


  11. work plan activities in accord with Rhode Island works program requirements.


  12. (7) The applicant shall become a participant in accordance with this chapter at the time the


  13. individual employment plan is signed and entered into.


  14. (8) Applicants and participants of the Rhode Island works program shall agree to comply


  15. with the terms of the individual employment plan, and shall cooperate fully with the steps


  16. established in the individual employment plan, including the work requirements.


  17. (9) The department of human services has the authority under the chapter to require


  18. attendance by the applicant/participant, either at the department of human services or at the


  19. department of labor and training, at appointments deemed necessary for the purpose of having the


  20. applicant enter into and become eligible for assistance through the Rhode Island works program.


  21. The appointments include, but are not limited to: the initial interview, orientation and assessment;


  22. job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance


  23. in accordance with rules and regulations established by the department.


  24. (10) As a condition of eligibility for assistance pursuant to this chapter, the


  25. applicant/participant shall be obligated to keep appointments; attend orientation meetings at the


  26. department of human services and/or the Rhode Island department of labor and training; participate


  27. in any initial assessments or appraisals; and comply with all the terms of the individual employment


  28. plan in accordance with department of human services rules and regulations.


  29. (11) A participant, including a parent or non-parent caretaker relative included in the cash


  30. assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as


  31. defined in this chapter or the department’s rules and regulations.


  32. (12) A participant who voluntarily quits or refuses a job without good cause, as defined in


  33. § 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned


  34. in accordance with rules and regulations promulgated by the department.

    1. (f) Resources.


    2. (1) The family or assistance unit’s countable resources shall be less than the allowable


    3. resource limit established by the department in accordance with this chapter.


    4. (2) No family or assistance unit shall be eligible for assistance payments if the combined


    5. value of its available resources (reduced by any obligations or debts with respect to such resources)


    6. exceeds five thousand dollars ($5,000).


    7. (3) For purposes of this subsection, the following shall not be counted as resources of the


    8. family/assistance unit in the determination of eligibility for the works program:


    9. (i) The home owned and occupied by a child, parent, relative, or other individual;


    10. (ii) Real property owned by a husband and wife as tenants by the entirety, if the property


    11. is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in


    12. the property;


    13. (iii) Real property that the family is making a good faith effort to dispose of, however, any


    14. cash assistance payable to the family for any such period shall be conditioned upon such disposal


    15. of the real property within six (6) months of the date of application and any payments of assistance


    16. for that period shall (at the time of disposal) be considered overpayments to the extent that they


    17. would not have occurred at the beginning of the period for which the payments were made. All


    18. overpayments are debts subject to recovery in accordance with the provisions of the chapter;


    19. (iv) Income-producing property other than real estate including, but not limited to,


    20. equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or


    21. services that the department determines are necessary for the family to earn a living;


    22. (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per


    23. household, and in addition, a vehicle used primarily for income-producing purposes such as, but


    24. not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that


    25. annually produces income consistent with its fair market value, even if only used on a seasonal


    26. basis; a vehicle necessary to transport a family member with a disability where the vehicle is


    27. specially equipped to meet the specific needs of the person with a disability or if the vehicle is a


    28. special type of vehicle that makes it possible to transport the person with a disability;


    29. (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of


    30. limited value;


    31. (vii) Burial plots (one for each child, relative, and other individual in the assistance unit)


    32. and funeral arrangements;


    33. (viii) For the month of receipt and the following month, any refund of federal income taxes


    34. made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating

  1. to earned income tax credit), and any payment made to the family by an employer under § 3507 of


  2. the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of


  3. such earned income credit);


  4. (ix) The resources of any family member receiving supplementary security income


  5. assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;


  6. (x) Any veteran’s disability pension benefits received as a result of any disability sustained


  7. by the veteran while in the military service.


  8. (g) Income.


  9. (1) Except as otherwise provided for herein, in determining eligibility for and the amount


  10. of cash assistance to which a family is entitled under this chapter, the income of a family includes


  11. all of the money, goods, and services received or actually available to any member of the family.


  12. (2) In determining the eligibility for and the amount of cash assistance to which a


  13. family/assistance unit is entitled under this chapter, income in any month shall not include the first


  14. three hundred dollars ($300) of gross earnings plus fifty percent (50%) of the gross earnings of the


  15. family in excess of three hundred dollars ($300) earned during the month.


  16. (3) The income of a family shall not include:


  17. (i) The first fifty dollars ($50.00) in child support received in any month from each


  18. noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty


  19. dollars ($50.00) per month multiplied by the number of months in which the support has been in


  20. arrears) that are paid in any month by a noncustodial parent of a child;


  21. (ii) Earned income of any child;


  22. (iii) Income received by a family member who is receiving Supplemental Security Income


  23. (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;


  24. (iv) The value of assistance provided by state or federal government or private agencies to


  25. meet nutritional needs, including: value of USDA-donated foods; value of supplemental food


  26. assistance received under the Child Nutrition Act of 1966, as amended, and the special food service


  27. program for children under Title VII, nutrition program for the elderly, of the Older Americans Act


  28. of 1965 as amended, and the value of food stamps;


  29. (v) Value of certain assistance provided to undergraduate students, including any grant or


  30. loan for an undergraduate student for educational purposes made or insured under any loan program


  31. administered by the United States Commissioner of Education (or the Rhode Island council on


  32. postsecondary education or the Rhode Island division of higher education assistance);


  33. (vi) Foster care payments;


  34. (vii) Home energy assistance funded by state or federal government or by a nonprofit

    1. organization;


    2. (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made


    3. to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE


    4. and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act


    5. of 1973, 42 U.S.C. § 5000 et seq.;


    6. (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules


    7. and regulations;


    8. (x) Certain payments to native Americans; payments distributed per capita to, or held in


    9. trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,


    10. 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes


    11. which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,


    12. 1975;


    13. (xi) Refund from the federal and state earned income tax credit and any federal or state


    14. child tax credits or rebates;


    15. (xii) The value of any state, local, or federal government rent or housing subsidy, provided


    16. that this exclusion shall not limit the reduction in benefits provided for in the payment standard


    17. section of this chapter;


    18. (xiii) The earned income of any adult family member who gains employment while an


    19. active RI Works household member. This income is excluded for the first six (6) months of


    20. employment in which the income is earned, or until the household’s total gross income exceeds


    21. one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches


    22. its sixty-month (60) time limit first;


    23. (xiv) Any veteran’s disability pension benefits received as a result of any disability


    24. sustained by the veteran while in the military service.


    25. (4) The receipt of a lump sum of income shall affect participants for cash assistance in


    26. accordance with rules and regulations promulgated by the department.


    27. (h) Time limit on the receipt of cash assistance.


    28. (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this


    29. chapter, to a family or assistance unit that includes an adult member who has received cash


    30. assistance for a total of sixty (60) months (whether or not consecutive), to include any time


    31. receiving any type of cash assistance in any other state or territory of the United States of America


    32. as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)


    33. with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to


    34. a family or assistance unit that includes an adult member who has received cash assistance for a

  1. total of a lifetime limit of sixty (60) months.


  2. (2) Cash benefits received by a minor dependent child shall not be counted toward their


  3. lifetime time limit for receiving benefits under this chapter should that minor child apply for cash


  4. benefits as an adult.


  5. (3) Certain minor children not subject to time limit. This section regarding the lifetime time


  6. limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)


  7. living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult


  8. non-parent caretaker relative who is not in the cash assistance payment.


  9. (4) Receipt of family cash assistance in any other state or territory of the United States of


  10. America shall be determined by the department of human services and shall include family cash


  11. assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds


  12. [Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance


  13. provided under a program similar to the Rhode Island families work and opportunity program or


  14. the federal TANF program.


  15. (5)(i) The department of human services shall mail a notice to each assistance unit when


  16. the assistance unit has six (6) months of cash assistance remaining and each month thereafter until


  17. the time limit has expired. The notice must be developed by the department of human services and


  18. must contain information about the lifetime time limit, the number of months the participant has


  19. remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus;


  20. and any other information pertinent to a family or an assistance unit nearing the sixty-month (60)


  21. lifetime time limit.


  22. (ii) For applicants who have less than six (6) months remaining in the sixty-month (60)


  23. lifetime time limit because the family or assistance unit previously received cash assistance in


  24. Rhode Island or in another state, the department shall notify the applicant of the number of months


  25. remaining when the application is approved and begin the process required in subsection (h)(5)(i).


  26. (6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary


  27. Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal


  28. Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family


  29. independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction


  30. because of failure to comply with the cash assistance program requirements; and that recipient


  31. family received sixty (60) months of cash benefits in accordance with the family independence


  32. program, then that recipient family is not able to receive further cash assistance for his/her family,


  33. under this chapter, except under hardship exceptions.


  34. (7) The months of state or federally funded cash assistance received by a recipient family

    1. since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program


    2. (federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),


    3. formerly entitled the Rhode Island family independence program, shall be countable toward the


    4. time-limited cash assistance described in this chapter.


    5. (i) Time limit on the receipt of cash assistance.


    6. (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance


    7. unit in which an adult member has received cash assistance for a total of sixty (60) months (whether


    8. or not consecutive) to include any time receiving any type of cash assistance in any other state or


    9. territory of the United States as defined herein effective August 1, 2008. Provided further, that no


    10. cash assistance shall be provided to a family in which an adult member has received assistance for


    11. twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan


    12. as provided in § 40-5.2-12(g)(5).


    13. (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter


    14. to a family in which a child has received cash assistance for a total of sixty (60) months (whether


    15. or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection


    16. (a)(2) to include any time they received any type of cash assistance in any other state or territory


    17. of the United States as defined herein.


    18. (j) Hardship exceptions.


    19. (1) The department may extend an assistance unit’s or family’s cash assistance beyond the


    20. time limit, by reason of hardship; provided, however, that the number of families to be exempted


    21. by the department with respect to their time limit under this subsection shall not exceed twenty


    22. percent (20%) of the average monthly number of families to which assistance is provided for under


    23. this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by


    24. federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in


    25. determining the twenty percent (20%) maximum under this section.


    26. (2) Parents who receive extensions to the time limit due to hardship must have and comply


    27. with employment plans designed to remove or ameliorate the conditions that warranted the


    28. extension.


    29. (k) Parents under eighteen (18) years of age.


    30. (1) A family consisting of a parent who is under the age of eighteen (18), and who has


    31. never been married, and who has a child; or a family consisting of a woman person under the age


    32. of eighteen (18) who is at least six (6) months pregnant, from onset of pregnancy shall be eligible


    33. for cash assistance only if the family resides in the home of an adult parent, legal guardian, or other


    34. adult relative. The assistance shall be provided to the adult parent, legal guardian, or other adult

  1. relative on behalf of the individual and child unless otherwise authorized by the department.


  2. (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,


  3. legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the


  4. department determines that the physical or emotional health or safety of the minor parent, or his or


  5. her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same


  6. residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal


  7. guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,


  8. to live in his or her home shall constitute a presumption that the health or safety would be so


  9. jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or


  10. legal guardian for a period of at least one year before either the birth of any child to a minor parent


  11. or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental


  12. regulations, for waiving the subsection; and the individual resides in a supervised supportive-living


  13. arrangement to the extent available.


  14. (3) For purposes of this section, “supervised supportive-living arrangement” means an


  15. arrangement that requires minor parents to enroll and make satisfactory progress in a program


  16. leading to a high school diploma or a general education development certificate, and requires minor


  17. parents to participate in the adolescent parenting program designated by the department, to the


  18. extent the program is available; and provides rules and regulations that ensure regular adult


  19. supervision.


  20. (l) Assignment and cooperation. As a condition of eligibility for cash and medical


  21. assistance under this chapter, each adult member, parent, or caretaker relative of the


  22. family/assistance unit must:


  23. (1) Assign to the state any rights to support for children within the family from any person


  24. that the family member has at the time the assignment is executed or may have while receiving


  25. assistance under this chapter;


  26. (2) Consent to and cooperate with the state in establishing the paternity and in establishing


  27. and/or enforcing child support and medical support orders for all children in the family or assistance


  28. unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker


  29. relative is found to have good cause for refusing to comply with the requirements of this subsection.


  30. (3) Absent good cause, as defined by the department of human services through the


  31. rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2),


  32. cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member


  33. of the family who has refused to comply with the requirements of this subsection consents to and


  34. cooperates with the state in accordance with the requirements of this subsection.

    1. (4) As a condition of eligibility for cash and medical assistance under this chapter, each


    2. adult member, parent, or caretaker relative of the family/assistance unit must consent to and


    3. cooperate with the state in identifying and providing information to assist the state in pursuing any


    4. third party who may be liable to pay for care and services under Title XIX of the Social Security


    5. Act, 42 U.S.C. § 1396 et seq.


    6. 40-5.2-20. Childcare assistance — Families or assistance units eligible.


    7. (a) The department shall provide appropriate child care to every participant who is eligible


    8. for cash assistance and who requires child care in order to meet the work requirements in


    9. accordance with this chapter.


    10. (b) Low-income child care. The department shall provide child care to all other working


    11. families with incomes at or below two hundred percent (200%) of the federal poverty level if, and


    12. to the extent, these other families require child care in order to work at paid employment as defined


    13. in the department’s rules and regulations. The department shall also provide child care to families


    14. with incomes below two hundred percent (200%) of the federal poverty level if, and to the extent,


    15. these families require child care to participate on a short-term basis, as defined in the department’s


    16. rules and regulations, in training, apprenticeship, internship, on-the-job training, work experience,


    17. work immersion, or other job-readiness/job-attachment program sponsored or funded by the human


    18. resource investment council (governor’s workforce board) or state agencies that are part of the


    19. coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021, through June


    20. 30, 2022, the department shall also provide childcare assistance to families with incomes below


    21. one hundred eighty percent (180%) of the federal poverty level when such assistance is necessary


    22. for a member of these families to enroll or maintain enrollment in a Rhode Island public institution


    23. of higher education provided that eligibility to receive funding is capped when expenditures reach


    24. $200,000 for this provision. Effective July 1, 2022, the department shall also provide childcare


    25. assistance to families with incomes below two hundred percent (200%) of the federal poverty level


    26. when such assistance is necessary for a member of these families to enroll or maintain enrollment


    27. in a Rhode Island public institution of higher education.


    28. (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if


    29. the combined value of its liquid resources exceeds one million dollars ($1,000,000), which


    30. corresponds to the amount permitted by the federal government under the state plan and set forth


    31. in the administrative rulemaking process by the department. Liquid resources are defined as any


    32. interest(s) in property in the form of cash or other financial instruments or accounts that are readily


    33. convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit


    34. union, or other financial institution savings, checking, and money market accounts; certificates of

  1. deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments


  2. or accounts. These do not include educational savings accounts, plans, or programs; retirement


  3. accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.


  4. The department is authorized to promulgate rules and regulations to determine the ownership and


  5. source of the funds in the joint account.


  6. (d) As a condition of eligibility for childcare assistance under this chapter, the parent or


  7. caretaker relative of the family must consent to, and must cooperate with, the department in


  8. establishing paternity, and in establishing and/or enforcing child support and medical support


  9. orders for any children in the family receiving appropriate child care under this section in


  10. accordance with the applicable sections of title 15, as amended, unless the parent or caretaker


  11. relative is found to have good cause for refusing to comply with the requirements of this subsection.


  12. (e) For purposes of this section, “appropriate child care” means child care, including infant,


  13. toddler, preschool, nursery school, and school-age, that is provided by a person or organization


  14. qualified, approved, and authorized to provide the care by the state agency or agencies designated


  15. to make the determinations in accordance with the provisions set forth herein.


  16. (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal


  17. poverty level guidelines shall be provided with free child care. Families with incomes greater than


  18. one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal


  19. poverty guideline shall be required to pay for some portion of the child care they receive, according


  20. to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven


  21. percent (7%) of income as defined in subsection (h) of this section.


  22. (2) Families who are receiving childcare assistance and who become ineligible for


  23. childcare assistance as a result of their incomes exceeding two hundred percent (200%) of the


  24. applicable federal poverty guidelines shall continue to be eligible for childcare assistance until their


  25. incomes exceed three hundred percent (300%) of the applicable federal poverty guidelines. To be


  26. eligible, the families must continue to pay for some portion of the child care they receive, as


  27. indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven percent (7%)


  28. of income as defined in subsection (h) of this section, and in accordance with all other eligibility


  29. standards.


  30. (g) In determining the type of child care to be provided to a family, the department shall


  31. take into account the cost of available childcare options; the suitability of the type of care available


  32. for the child; and the parent’s preference as to the type of child care.


  33. (h) For purposes of this section, “income” for families receiving cash assistance under §


  34. 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in

  1. §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and


  2. unearned income as determined by departmental regulations.


  3. (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast


  4. the expenditures for child care in accordance with the provisions of § 35-17-1.


  5. (j) In determining eligibility for childcare assistance for children of members of reserve


  6. components called to active duty during a time of conflict, the department shall freeze the family


  7. composition and the family income of the reserve component member as it was in the month prior


  8. to the month of leaving for active duty. This shall continue until the individual is officially


  9. discharged from active duty.


  10. (k) Effective from August 1, 2023, through July 31, 2024, the department shall provide


  11. funding for child care for eligible child care educators, and child care staff, who work at least twenty


  12. (20) hours a week in licensed child care centers and licensed family child care homes as defined in


  13. the department's rules and regulations. Eligibility is limited to qualifying child care educators and


  14. child care staff with family incomes up to three hundred percent (300%) of the applicable federal


  15. poverty guidelines and will have no copayments. Qualifying participants may select the child care


  16. center or family child care home for their children. The department shall promulgate regulations


  17. necessary to implement this section, and will collect applicant and participant data to report


  18. estimated demand for state-funded child care for eligible child care educators and child care staff.


  19. The report shall be due to the governor and the general assembly by November 1, 2024.


  20. SECTION 3. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public


  21. Assistance Act" is hereby amended to read as follows:


  22. 40-6-27. Supplemental Security Income.


  23. (a)(1) The director of the department is hereby authorized to enter into agreements on


  24. behalf of the state with the Secretary of the Department of Health and Human Services or other


  25. appropriate federal officials, under the Supplemental Security Income (SSI) program established


  26. by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration


  27. and determination of eligibility for SSI benefits for residents of this state, except as otherwise


  28. provided in this section. The state’s monthly share of supplementary assistance to the Supplemental


  29. Security Income program shall be as follows:


  30. (i) Individual living alone: $39.92


  31. (ii) Individual living with others: $51.92


  32. (iii) Couple living alone: $79.38


  33. (iv) Couple living with others: $97.30


  34. (v) Individual living in state-licensed assisted-living residence: $332.00

1 (vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.]


  1. (vii) Individual living in state-licensed supportive residential-care settings that, depending


  2. on the population served, meet the standards set by the department of human services in conjunction


  3. with the department of children, youth and families, the office of healthy aging, and/or the


  4. department of behavioral healthcare, developmental disabilities and hospitals: $300.00.


  5. Provided, however, that the department of human services shall, by regulation, reduce,


  6. effective January 1, 2009, the state’s monthly share of supplementary assistance to the


  7. Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the


  8. same value as the annual federal cost of living adjustment to be published by the federal Social


  9. Security Administration in October 2008 and becoming effective on January 1, 2009, as determined


  10. under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.; and


  11. provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in


  12. the state’s monthly share shall not cause a reduction in the combined federal and state payment


  13. level for each category of recipients in effect in the month of December 2008; provided further,


  14. that the department of human services is authorized and directed to provide for payments to


  15. recipients in accordance with the above directives.


  16. (2) As of July 1, 2010, state supplement payments shall not be federally administered and


  17. shall be paid directly by the department of human services to the recipient.


  18. (3) Individuals living in institutions shall receive a twenty-dollar ($20.00) forty-five dollar


  19. ($45.00) per-month personal needs allowance from the state that shall be in addition to the personal


  20. needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq.


  21. (4) Individuals living in state-licensed supportive residential-care settings and assisted-


  22. living residences who are receiving SSI supplemental payments under this section shall be allowed


  23. to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their


  24. SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established


  25. in an administrative rule promulgated by the secretary of the executive office of health and human


  26. services for persons eligible to receive Medicaid-funded long-term services and supports in the


  27. settings identified in subsection (a)(1)(v).


  28. (5) The department is authorized and directed to make a determination of the medical need


  29. and whether a setting provides the appropriate services for those persons who:


  30. (i) Have applied for or are receiving SSI, and who apply for admission to supportive


  31. residential-care settings and assisted-living residences on or after October 1, 1998; or


  32. (ii) Who are residing in supportive residential-care settings and assisted-living residences,


  33. and who apply for or begin to receive SSI on or after October 1, 1998.

    1. (6) The process for determining medical need required by subsection (a)(5) of this section


    2. shall be developed by the executive office of health and human services in collaboration with the


    3. departments of that office and shall be implemented in a manner that furthers the goals of


    4. establishing a statewide coordinated long-term-care entry system as required pursuant to the


    5. Medicaid section 1115 waiver demonstration.


    6. (7) To assure access to high-quality, coordinated services, the executive office of health


    7. and human services is further authorized and directed to establish certification or contract standards


    8. that must be met by those state-licensed supportive residential-care settings, including adult


    9. supportive-care homes and assisted-living residences admitting or serving any persons eligible for


    10. state-funded supplementary assistance under this section. The certification or contract standards


    11. shall define:


    12. (i) The scope and frequency of resident assessments, the development and implementation


    13. of individualized service plans, staffing levels and qualifications, resident monitoring, service


    14. coordination, safety risk management and disclosure, and any other related areas;


    15. (ii) The procedures for determining whether the certifications or contract standards have


    16. been met; and


    17. (iii) The criteria and process for granting a one-time, short-term good-cause exemption


    18. from the certification or contract standards to a licensed supportive residential-care setting or


    19. assisted-living residence that provides documented evidence indicating that meeting, or failing to


    20. meet, the standards poses an undue hardship on any person eligible under this section who is a


    21. prospective or current resident.


    22. (8) The certification or contract standards required by this section shall be developed in


    23. collaboration by the departments, under the direction of the executive office of health and human


    24. services, so as to ensure that they comply with applicable licensure regulations either in effect or


    25. in development.


    26. (b) The department is authorized and directed to provide additional assistance to


    27. individuals eligible for SSI benefits for:


    28. (1) Moving costs or other expenses as a result of an emergency of a catastrophic nature,


    29. which is defined as a fire or natural disaster; and


    30. (2) Lost or stolen SSI benefit checks or proceeds of them; and


    31. (3) Assistance payments to SSI-eligible individuals in need because of the application of


    32. federal SSI regulations regarding estranged spouses; and the department shall provide the


    33. assistance in a form and amount that the department shall by regulation determine.


    34. SECTION 4. Section 40-8-2 of the General Laws in Chapter 40-8 entitled "Medical

      1. Assistance" is hereby amended to read as follows:


      2. 40-8-2. Definitions.


      3. As used in this chapter, unless the context shall otherwise require:


      4. (1) “Dental service” means and includes emergency care, X-rays for diagnoses, extractions,


      5. palliative treatment, and the refitting and relining of existing dentures and prosthesis.


      6. (2) “Department” means the department of human services.


      7. (3) “Director” means the director of human services.


      8. (4) “Drug” means and includes only drugs and biologicals prescribed by a licensed dentist


      9. or physician as are either included in the United States pharmacopoeia, national formulary, or are


      10. new and nonofficial drugs and remedies.


      11. (5) “Inpatient” means a person admitted to and under treatment or care of a physician or


      12. surgeon in a hospital or nursing facility that meets standards of and complies with rules and


      13. regulations promulgated by the director.


      14. (6) “Inpatient hospital services” means the following items and services furnished to an


      15. inpatient in a hospital other than a hospital, institution, or facility for tuberculosis or mental


      16. diseases:


      17. (i) Bed and board;


      18. (ii) Nursing services and other related services as are customarily furnished by the hospital


      19. for the care and treatment of inpatients and drugs, biologicals, supplies, appliances, and equipment


      20. for use in the hospital, as are customarily furnished by the hospital for the care and treatment of


      21. patients;


      22. (iii)(A) Other diagnostic or therapeutic items or services, including, but not limited to,


      23. pathology, radiology, and anesthesiology furnished by the hospital or by others under arrangements


      24. made by the hospital, as are customarily furnished to inpatients either by the hospital or by others


      25. under such arrangements, and services as are customarily provided to inpatients in the hospital by


      26. an intern or resident-in-training under a teaching program having the approval of the Council on


      27. Medical Education and Hospitals of the American Medical Association or of any other recognized


      28. medical society approved by the director.


      29. (B) The term “inpatient hospital services” shall be taken to include medical and surgical


      30. services provided by the inpatient’s physician, but shall not include the services of a private-duty


      31. nurse or services in a hospital, institution, or facility maintained primarily for the treatment and


      32. care of patients with tuberculosis or mental diseases. Provided, further, it shall be taken to include


      33. only the following organ transplant operations: kidney, liver, cornea, pancreas, bone marrow, lung,


      34. heart, and heart/lung, and other organ transplant operations as may be designated by the director

  1. after consultation with medical advisory staff or medical consultants; and provided that any such


  2. transplant operation is determined by the director or his or her designee to be medically necessary.


  3. Prior written approval of the director, or his or her designee, shall be required for all covered organ


  4. transplant operations.


  5. (C) In determining medical necessity for organ transplant procedures, the state plan shall


  6. adopt a case-by-case approach and shall focus on the medical indications and contra-indications in


  7. each instance; the progressive nature of the disease; the existence of any alternative therapies; the


  8. life-threatening nature of the disease; the general state of health of the patient apart from the


  9. particular organ disease; and any other relevant facts and circumstances related to the applicant and


  10. the particular transplant procedure.


  11. (7) “Nursing services” means the following items and services furnished to an inpatient in


  12. a nursing facility:


  13. (i) Bed and board;


  14. (ii) Nursing care and other related services as are customarily furnished to inpatients


  15. admitted to the nursing facility, and drugs, biologicals, supplies, appliances, and equipment for use


  16. in the facility, as are customarily furnished in the facility for the care and treatment of patients;


  17. (iii) Other diagnostic or therapeutic items or services, legally furnished by the facility or


  18. by others under arrangements made by the facility, as are customarily furnished to inpatients either


  19. by the facility or by others under such arrangement;


  20. (iv) Medical services provided in the facility by the inpatient’s physician, or by an intern


  21. or resident-in-training of a hospital with which the facility is affiliated or that is under the same


  22. control, under a teaching program of the hospital approved as provided in subsection (6); and


  23. (v) A personal-needs allowance of fifty dollars ($50.00) seventy-five dollars ($75.00) per


  24. month.


  25. (8) “Relative with whom the dependent child is living” means and includes the father,


  26. mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister,


  27. uncle, aunt, first cousin, nephew, or niece of any dependent child who maintains a home for the


  28. dependent child.


  29. (9) “Visiting nurse service” means part-time or intermittent nursing care provided by or


  30. under the supervision of a registered professional nurse other than in a hospital or nursing home.


  31. SECTION 5. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8 entitled


  32. “Uncompensated Care” is hereby amended to read as follows:


  33. 40-8.3-2. Definitions.


  34. As used in this chapter:

  1. (1) "Base year" means, for the purpose of calculating a disproportionate share payment for


  2. any fiscal year ending after September 30, 2021 2022, the period from October 1, 2019 2020,


  3. through September 30, 2020 2021, and for any fiscal year ending after September 30, 2022 2023,


  4. the period from October 1, 2019 2021, through September 30, 2020 2022.


  5. (2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a


  6. percentage), the numerator of which is the hospital's number of inpatient days during the base year


  7. attributable to patients who were eligible for medical assistance during the base year and the


  8. denominator of which is the total number of the hospital's inpatient days in the base year.


  9. (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:


  10. (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year


  11. and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to


  12. § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless


  13. of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-


  14. 17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient


  15. care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or


  16. pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care


  17. payment rates for a court-approved purchaser that acquires a hospital through receivership, special


  18. mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued


  19. a hospital license after January 1, 2013), shall be based upon the newly negotiated rates between


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


  21. the court-approved purchaser and the health plan execute the initial agreement containing the newly


  22. negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient


  23. hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall


  24. thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1


  25. following the completion of the first full year of the court-approved purchaser's initial Medicaid


  26. managed care contract;


  27. (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)


  28. during the base year; and


  29. (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during


  30. the payment year.


  31. (4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred


  32. by the hospital during the base year for inpatient or outpatient services attributable to charity care


  33. (free care and bad debts) for which the patient has no health insurance or other third-party coverage


  34. less payments, if any, received directly from such patients; and (ii) The cost incurred by the hospital

  1. during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less


  2. any Medicaid reimbursement received therefor; multiplied by the uncompensated-care index.


  3. (5) "Uncompensated-care index" means the annual percentage increase for hospitals


  4. established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including


  5. the payment year; provided, however, that the uncompensated-care index for the payment year


  6. ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%),


  7. and that the uncompensated-care index for the payment year ending September 30, 2008, shall be


  8. deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care


  9. index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight


  10. hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending


11 September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September


12 30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018,


13 September 30, 2019, September 30, 2020, September 30, 2021, September 30, 2022, September


  1. 30, 2023, and September 30, 2024 shall be deemed to be five and thirty hundredths percent (5.30%).


  2. 40-8.3-3. Implementation.


  3. (a) For federal fiscal year 2021, commencing on October 1, 2020, and ending September


  4. 30, 2021, the executive office of health and human services shall submit to the Secretary of the


  5. United States Department of Health and Human Services a state plan amendment to the Rhode


  6. Island Medicaid DSH Plan to provide:


  7. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  8. $142.5 million, shall be allocated by the executive office of health and human services to the Pool


  9. D component of the DSH Plan; and


  10. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  11. proportion to the individual participating hospital’s uncompensated-care costs for the base year,


  12. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  13. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  14. payments shall be made on or before July 12, 2021, and are expressly conditioned upon approval


  15. on or before July 5, 2021, by the Secretary of the United States Department of Health and Human


  16. Services, or his or her authorized representative, of all Medicaid state plan amendments necessary


  17. to secure for the state the benefit of federal financial participation in federal fiscal year 2021 for


  18. the disproportionate share payments.


  19. (b)(a) For federal fiscal year 2022, commencing on October 1, 2021, and ending September


  20. 30, 2022, the executive office of health and human services shall submit to the Secretary of the


  21. United States Department of Health and Human Services a state plan amendment to the Rhode

  1. Island Medicaid DSH Plan to provide:


  2. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  3. $145.1 million, shall be allocated by the executive office of health and human services to the Pool


  4. D component of the DSH Plan; and


  5. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  6. proportion to the individual participating hospital’s uncompensated-care costs for the base year,


  7. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  8. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  9. payments shall be made on or before June 30, 2022, and are expressly conditioned upon approval


  10. on or before July 5, 2022, by the Secretary of the United States Department of Health and Human


  11. Services, or his or her authorized representative, of all Medicaid state plan amendments necessary


  12. to secure for the state the benefit of federal financial participation in federal fiscal year 2022 for


  13. the disproportionate share payments.


  14. (c)(b) For federal fiscal year 2023, commencing on October 1, 2022, and ending September


  15. 30, 2023, the executive office of health and human services shall submit to the Secretary of the


  16. United States Department of Health and Human Services a state plan amendment to the Rhode


  17. Island Medicaid DSH Plan to provide:


  18. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  19. $145.1 $159.0 million, shall be allocated by the executive office of health and human services to


  20. the Pool D component of the DSH Plan; and


  21. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  22. proportion to the individual participating hospital’s uncompensated-care costs for the base year,


  23. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  24. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  25. payments shall be made on or before June 15, 2023, and are expressly conditioned upon approval


  26. on or before June 23, 2023, by the Secretary of the United States Department of Health and Human


  27. Services, or his or her authorized representative, of all Medicaid state plan amendments necessary


  28. to secure for the state the benefit of federal financial participation in federal fiscal year 2023 for


  29. the disproportionate share payments.


  30. (c) For federal fiscal year 2024, commencing on October 1, 2023, and ending September


  31. 30, 2024, the executive office of health and human services shall submit to the Secretary of the


  32. United States Department of Health and Human Services a state plan amendment to the Rhode


  33. Island Medicaid DSH Plan to provide:


  34. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

    1. $14.8 million shall be allocated by the executive office of health and human services to the Pool D


    2. component of the DSH Plan; and


    3. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


    4. proportion to the individual participating hospital’s uncompensated-care costs for the base year,


    5. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


    6. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


    7. payments shall be made on or before June 15, 2024, and are expressly conditioned upon approval


    8. on or before June 23, 2024, by the Secretary of the United States Department of Health and Human


    9. Services, or his or her authorized representative, of all Medicaid state plan amendments necessary


    10. to secure for the state the benefit of federal financial participation in federal fiscal year 2024 for


    11. the disproportionate share payments.


    12. (d) No provision is made pursuant to this chapter for disproportionate-share hospital


    13. payments to participating hospitals for uncompensated-care costs related to graduate medical


    14. education programs.


    15. (e) The executive office of health and human services is directed, on at least a monthly


    16. basis, to collect patient-level uninsured information, including, but not limited to, demographics,


    17. services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.


18 (f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]


  1. SECTION 6. Sections 40-8.7-1, 40-8.7-2 and 40-8.7-6 of the General Laws in Chapter 40-


  2. 8.7 entitled "Healthcare Assistance for Working People with Disabilities" are hereby amended to


  3. read as follows:


  4. 40-8.7-1. Short title.


  5. This chapter shall be known and may be cited as “The Sherlock Act.or "The Ticket to


  6. Work Program."


  7. 40-8.7-2. Medicaid buy-in program.


  8. The department of human services Executive Office of Health and Human Services is


  9. hereby authorized and directed to establish maintain a Medicaid buy-in program pursuant to the


  10. “Balanced Budget Act of 1997,” 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII) and the federal Ticket to


  11. Work and Incentives Improvement Act of 1999 (TWWIIA), Public Law 106-170.


  12. 40-8.7-6. Eligibility.


  13. (a) To be eligible for benefits under the Medicaid buy-in program:


  14. (1) The person shall be an individual with disabilities as defined in § 40-8.7-4, but without


  15. regard to his or her ability to engage in substantial gainful activity, as specified in the Social


  16. Security Act, 42 U.S.C. § 423(d)(4);

    1. (2) The person shall be employed as defined in § 40-8.7-4;


    2. (3) For the Sherlock Act Medicaid buy in program the The person’s net accountable income


    3. shall either not exceed two hundred fifty percent (250%) of the federal poverty level, taking into


    4. account the SSI program disregards and impairment-related work expenses as defined in 42 U.S.C.


    5. § 1396a(r)(2) or for the Ticket to Work Program buy in program there are no income or asset limits


    6. to be considered as part of the eligibility determination;


    7. (4) A maximum of ten thousand dollars ($10,000) of available resources for an individual


    8. and twenty thousand dollars ($20,000) for a couple shall be disregarded as shall any additional


    9. resources held in a retirement account, in a medical savings account, or any other account, related


    10. to enhancing the independence of the individual and approved under rules to be adopted by the


    11. department executive office for the Sherlock Act; there are no income or asset limits for the Ticket


    12. to Work Program; and


    13. (5) The person shall be a current medical assistance recipient under § 40-8.5-1 [CNIL] or


    14. § 40-8-3(5)(v) [MNIL]; or shall meet income, assets, (except as modified by subsection (a)(4) of


    15. this section) and eligibility requirements for the medical assistance program under § 40-8.5-1


    16. [CNIL] or § 40-8-3(5)(v) [MNIL], as such requirements are modified and extended by this chapter.


    17. (b) Appeals Process. The director or designee shall review each application filed in


    18. accordance with regulations, and shall make a determination of whether the application will be


    19. approved and the extent of the benefits to be made available to the applicant, and shall, within thirty


    20. (30) days after the filing, notify the applicant, in writing, of the determination. If the application is


    21. rejected, the applicant shall be notified the reason for the denial. The director may at any time


    22. reconsider any determination. Any applicant for or recipient of benefits aggrieved because of a


    23. decision, or delay in making a decision, shall be entitled to an appeal and shall be afforded


    24. reasonable notice and opportunity for a fair hearing conducted by the director, pursuant to chapter


    25. 8 of this title.


    26. SECTION 7. Sections 40-8.9-1 and 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled


    27. "Long-Term Care Service and Finance Reform" are hereby amended to read as follows:


28 40-8.9-1. Findings.


  1. (a) The number of Rhode Islanders in need of long-term-care services continues to rise


  2. substantially, and the quality of life of these Rhode Islanders is determined by the capacity of the


  3. long-term-care system state to provide ensure equitable access to the full array of services and


  4. supports required to meet their healthcare needs and maintain their independence.


  5. (b) It is in the interest of all Rhode Islanders to endorse and fund statewide efforts to build


  6. a fiscally sound, dynamic and resilient long-term-care system that supports fosters: consumer

  1. independence and choice; the delivery of high-quality, coordinated services; the financial integrity


  2. of all participants-purchasers, payers, providers, and consumers; and the responsible and efficient


  3. allocation of all available public and private resources, including preservation of federal financial


  4. participation.


  5. (c) It is in the interest of all Rhode Islanders to assure that rates paid for community-based


  6. long-term-care services are adequate to assure high quality as well as and supportive of support


  7. workforce recruitment and retention.


  8. (d) It is in the interest of all Rhode Islanders to improve consumers’ access information


  9. regarding community-based alternatives to institutional settings of care.


  10. (e) It is in the best interest of all Rhode Islanders to maintain a person-centered, quality


  11. driven, and conflict-free system of publicly financed long-term services and supports that is


  12. responsive to the goals and preferences of those served.


  13. 40-8.9-9. Long-term-care rebalancing system reform goal.


  14. (a) Notwithstanding any other provision of state law, the executive office of health and


  15. human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver


  16. amendment(s), and/or state-plan amendments from the Secretary of the United States Department


  17. of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of


  18. program design and implementation that addresses the goal of allocating a minimum of fifty percent


  19. (50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults


  20. with disabilities, in addition to services for persons with developmental disabilities, to home- and


  21. community-based care; provided, further, the executive office shall report annually as part of its


  22. budget submission, the percentage distribution between institutional care and home- and


  23. community-based care by population and shall report current and projected waiting lists for long-


  24. term-care and home- and community-based care services. The executive office is further authorized


  25. and directed to prioritize investments in home- and community-based care and to maintain the


  26. integrity and financial viability of all current long-term-care services while pursuing this goal.


  27. (b) The reformed long-term-care system rebalancing goal is person-centered and


  28. encourages individual self-determination, family involvement, interagency collaboration, and


  29. individual choice through the provision of highly specialized and individually tailored home-based


  30. services. Additionally, individuals with severe behavioral, physical, or developmental disabilities


  31. must have the opportunity to live safe and healthful lives through access to a wide range of


  32. supportive services in an array of community-based settings, regardless of the complexity of their


  33. medical condition, the severity of their disability, or the challenges of their behavior. Delivery of


  34. services and supports in less-costly and less-restrictive community settings will enable children,

  1. adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care


  2. institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals,


  3. intermediate-care facilities, and/or skilled nursing facilities.


  4. (c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health


  5. and human services is directed and authorized to adopt a tiered set of criteria to be used to determine


  6. eligibility for services. The criteria shall be developed in collaboration with the state’s health and


  7. human services departments and, to the extent feasible, any consumer group, advisory board, or


  8. other entity designated for these purposes, and shall encompass eligibility determinations for long-


  9. term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with


  10. intellectual disabilities, as well as home- and community-based alternatives, and shall provide a


  11. common standard of income eligibility for both institutional and home- and community-based care.


  12. The executive office is authorized to adopt clinical and/or functional criteria for admission to a


  13. nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that


  14. are more stringent than those employed for access to home- and community-based services. The


  15. executive office is also authorized to promulgate rules that define the frequency of re-assessments


  16. for services provided for under this section. Levels of care may be applied in accordance with the


  17. following:


  18. (1) The executive office shall continue to apply the level-of-care criteria in effect on June


  19. 30, 2015 April 1, 2021, for any recipient determined eligible for and receiving Medicaid-funded


  20. long-term services and supports in a nursing facility, hospital, or intermediate-care facility for


  21. persons with intellectual disabilities on or before that date, unless:


  22. (i) The recipient transitions to home- and community-based services because he or she


  23. would no longer meet the level-of-care criteria in effect on June 30, 2015 April 1, 2021; or


  24. (ii) The recipient chooses home- and community-based services over the nursing facility,


  25. hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of


  26. this section, a failed community placement, as defined in regulations promulgated by the executive


  27. office, shall be considered a condition of clinical eligibility for the highest level of care. The


  28. executive office shall confer with the long-term-care ombudsperson with respect to the


  29. determination of a failed placement under the ombudsperson’s jurisdiction. Should any Medicaid


  30. recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with


  31. intellectual disabilities as of June 30, 2015 April 1, 2021, receive a determination of a failed


  32. community placement, the recipient shall have access to the highest level of care; furthermore, a


  33. recipient who has experienced a failed community placement shall be transitioned back into his or


  34. her former nursing home, hospital, or intermediate-care facility for persons with intellectual

  1. disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,


  2. hospital, or intermediate-care facility for persons with intellectual disabilities in a manner


  3. consistent with applicable state and federal laws.


  4. (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a


  5. nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall


  6. not be subject to any wait list for home- and community-based services.


  7. (3) No nursing home, hospital, or intermediate-care facility for persons with intellectual


  8. disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds


  9. that the recipient does not meet level-of-care criteria unless and until the executive office has:


  10. (i) Performed an individual assessment of the recipient at issue and provided written notice


  11. to the nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities


  12. that the recipient does not meet level-of-care criteria; and


  13. (ii) The recipient has either appealed that level-of-care determination and been


  14. unsuccessful, or any appeal period available to the recipient regarding that level-of-care


  15. determination has expired.


  16. (d) The executive office is further authorized to consolidate all home- and community-


  17. based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- and


  18. community-based services that include options for consumer direction and shared living. The


  19. resulting single home- and community-based services system shall replace and supersede all 42


  20. U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting


  21. single program home- and community-based services system shall include the continued funding


  22. of assisted-living services at any assisted-living facility financed by the Rhode Island housing and


  23. mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter 66.8


  24. of title 42 as long as assisted-living services are a covered Medicaid benefit.


  25. (e) The executive office is authorized to promulgate rules that permit certain optional


  26. services including, but not limited to, homemaker services, home modifications, respite, and


  27. physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care


  28. subject to availability of state-appropriated funding for these purposes.


  29. (f) To promote the expansion of home- and community-based service capacity, the


  30. executive office is authorized to pursue payment methodology reforms that increase access to


  31. homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and


  32. adult day services, as follows:


  33. (1) Development of revised or new Medicaid certification standards that increase access to


  34. service specialization and scheduling accommodations by using payment strategies designed to

  1. achieve specific quality and health outcomes.


  2. (2) Development of Medicaid certification standards for state-authorized providers of adult


  3. day services, excluding providers of services authorized under § 40.1-24-1(3), assisted living, and


  4. adult supportive care (as defined under chapter 17.24 of title 23) that establish for each, an acuity-


  5. based, tiered service and payment methodology tied to: licensure authority; level of beneficiary


  6. needs; the scope of services and supports provided; and specific quality and outcome measures.


  7. The standards for adult day services for persons eligible for Medicaid-funded long-term


  8. services may differ from those who do not meet the clinical/functional criteria set forth in § 40-


  9. 8.10-3.


  10. (3) As the state’s Medicaid program seeks to assist more beneficiaries requiring long-term


  11. services and supports in home- and community-based settings, the demand for home-care workers


  12. has increased, and wages for these workers has not kept pace with neighboring states, leading to


  13. high turnover and vacancy rates in the state’s home-care industry, the executive office shall institute


  14. a one-time increase in the base-payment rates for FY 2019, as described below, for home-care


  15. service providers to promote increased access to and an adequate supply of highly trained home-


  16. healthcare professionals, in amount to be determined by the appropriations process, for the purpose


  17. of raising wages for personal care attendants and home health aides to be implemented by such


  18. providers.


  19. (i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent


  20. (10%) of the current base rate for home-care providers, home nursing care providers, and hospice


  21. providers contracted with the executive office of health and human services and its subordinate


  22. agencies to deliver Medicaid fee-for-service personal care attendant services.


  23. (ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty percent


  24. (20%) of the current base rate for home-care providers, home nursing care providers, and hospice


  25. providers contracted with the executive office of health and human services and its subordinate


  26. agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services and hospice


  27. care.


  28. (iii) Effective upon passage of this section, hospice provider reimbursement, exclusively


  29. for room and board expenses for individuals residing in a skilled nursing facility, shall revert to the


  30. rate methodology in effect on June 30, 2018, and these room and board expenses shall be exempted


  31. from any and all annual rate increases to hospice providers as provided for in this section.


  32. (iv) On the first of July in each year, beginning on July 1, 2019, the executive office of


  33. health and human services will initiate an annual inflation increase to the base rate for home-care


  34. providers, home nursing care providers, and hospice providers contracted with the executive office

  1. and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant services,


  2. skilled nursing and therapeutic services and hospice care. The base rate increase shall be a


  3. percentage amount equal to the New England Consumer Price Index card as determined by the


  4. United States Department of Labor for medical care and for compliance with all federal and state


  5. laws, regulations, and rules, and all national accreditation program requirements.


  6. (g) As the state’s Medicaid program seeks to assist more beneficiaries requiring long-term


  7. services and supports in home- and community-based settings, the demand for home-care workers


  8. has increased, and wages for these workers has not kept pace with neighboring states, leading to


  9. high turnover and vacancy rates in the state’s home-care industry. To promote increased access to


  10. and an adequate supply of direct-care workers, the executive office shall institute a payment


  11. methodology change, in Medicaid fee-for-service and managed care, for FY 2022, that shall be


  12. passed through directly to the direct-care workers’ wages who are employed by home nursing care


  13. and home-care providers licensed by the Rhode Island department of health, as described below:


  14. (1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per


  15. fifteen (15) minutes for personal care and combined personal care/homemaker.


  16. (i) Employers must pass on one hundred percent (100%) of the shift differential modifier


  17. increase per fifteen-minute (15) unit of service to the CNAs who rendered such services. This


  18. compensation shall be provided in addition to the rate of compensation that the employee was


  19. receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not


  20. less than the lowest compensation paid to an employee of similar functions and duties as of June


  21. 30, 2021, as the base compensation to which the increase is applied.


  22. (ii) Employers must provide to EOHHS an annual compliance statement showing wages


  23. as of June 30, 2021, amounts received from the increases outlined herein, and compliance with this


  24. section by July 1, 2022. EOHHS may adopt any additional necessary regulations and processes to


  25. oversee this subsection.


  26. (2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of $0.39


  27. per fifteen (15) minutes for personal care, combined personal care/homemaker, and homemaker


  28. only for providers who have at least thirty percent (30%) of their direct-care workers (which


  29. includes certified nursing assistants (CNA) and homemakers) certified in behavioral healthcare


  30. training.


  31. (i) Employers must pass on one hundred percent (100%) of the behavioral healthcare


  32. enhancement per fifteen (15) minute unit of service rendered by only those CNAs and homemakers


  33. who have completed the thirty (30) hour behavioral health certificate training program offered by


  34. Rhode Island College, or a training program that is prospectively determined to be compliant per

  1. EOHHS, to those CNAs and homemakers. This compensation shall be provided in addition to the


  2. rate of compensation that the employee was receiving as of December 31, 2021. For an employee


  3. hired after December 31, 2021, the agency shall use not less than the lowest compensation paid to


  4. an employee of similar functions and duties as of December 31, 2021, as the base compensation to


  5. which the increase is applied.


  6. (ii) By January 1, 2023, employers must provide to EOHHS an annual compliance


  7. statement showing wages as of December 31, 2021, amounts received from the increases outlined


  8. herein, and compliance with this section, including which behavioral healthcare training programs


  9. were utilized. EOHHS may adopt any additional necessary regulations and processes to oversee


  10. this subsection.


  11. (h) The executive office shall implement a long-term-care-options counseling program to


  12. provide individuals, or their representatives, or both, with long-term-care consultations that shall


  13. include, at a minimum, information about: long-term-care options, sources, and methods of both


  14. public and private payment for long-term-care services and an assessment of an individual’s


  15. functional capabilities and opportunities for maximizing independence. Each individual admitted


  16. to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be


  17. informed by the facility of the availability of the long-term-care-options counseling program and


  18. shall be provided with long-term-care-options consultation if they so request. Each individual who


  19. applies for Medicaid long-term-care services shall be provided with a long-term-care consultation.


  20. (i) The executive office shall implement, no later than January 1, 2024, a statewide network


  21. and rate methodology for conflict-free case management for individuals receiving Medicaid-funded


  22. home and community-based services. The executive office shall coordinate implementation with


  23. the state’s health and human services departments and divisions authorized to deliver Medicaid-


  24. funded home and community-based service programs, including the department of behavioral


  25. healthcare, developmental disabilities and hospitals; the department of human services; and the


  26. office of healthy aging. It is in the best interest of the Rhode Islanders eligible to receive Medicaid


  27. home and community-based services under this chapter, chapter 40.1, chapter 42 or any other


  28. general laws to provide equitable access to conflict-free case management that shall include person-


  29. centered planning, service arranging and quality monitoring in the amount, duration and scope


  30. required by federal law and regulations. It is necessary to ensure that there is a robust network of


  31. qualified conflict-free case management entities with the capacity to serve all participants on a


  32. statewide basis and in a manner that promotes choice, self-reliance, and community integration.


  33. The executive office, as the designated single state Medicaid authority and agency responsible for


  34. coordinating policy and planning for health and human services under § 42-7.2 et seq., is directed

  1. to establish a statewide conflict-free case management network under the management of the


  2. executive office and to seek any Medicaid waivers, state plan amendments and changes in rules,


  3. regulations and procedures that may be necessary to ensure that recipients of Medicaid home and


  4. community-based services have access to conflict-free case management in a timely manner and in


  5. accordance with the federal requirements that must be met to preserve financial participation.


  6. (i)(j) The executive office is also authorized, subject to availability of appropriation of


  7. funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary


  8. to transition or divert beneficiaries from institutional or restrictive settings and optimize their health


  9. and safety when receiving care in a home or the community. The secretary is authorized to obtain


  10. any state plan or waiver authorities required to maximize the federal funds available to support


  11. expanded access to home- and community-transition and stabilization services; provided, however,


  12. payments shall not exceed an annual or per-person amount.


  13. (j)(k) To ensure persons with long-term-care needs who remain living at home have


  14. adequate resources to deal with housing maintenance and unanticipated housing-related costs, the


  15. secretary is authorized to develop higher resource eligibility limits for persons or obtain any state


  16. plan or waiver authorities necessary to change the financial eligibility criteria for long-term services


  17. and supports to enable beneficiaries receiving home and community waiver services to have the


  18. resources to continue living in their own homes or rental units or other home-based settings.


  19. (k)(l) The executive office shall implement, no later than January 1, 2016, the following


  20. home- and community-based service and payment reforms:


21 (1) [Deleted by P.L. 2021, ch. 162, art. 12, § 6.]


  1. (2) Adult day services level of need criteria and acuity-based, tiered-payment


  2. methodology; and


  3. (3) Payment reforms that encourage home- and community-based providers to provide the


  4. specialized services and accommodations beneficiaries need to avoid or delay institutional care.


  5. (l)(m) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan


  6. amendments and take any administrative actions necessary to ensure timely adoption of any new


  7. or amended rules, regulations, policies, or procedures and any system enhancements or changes,


  8. for which appropriations have been authorized, that are necessary to facilitate implementation of


  9. the requirements of this section by the dates established. The secretary shall reserve the discretion


  10. to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with


  11. the governor, to meet the legislative directives established herein.


  12. SECTION 8. Section 40.1-8.5-8 of the General Laws in Chapter 40 entitled "General


  13. Provisions" is hereby amended to read as follows:

    1. 40.1-8.5-8. Certified community behavioral health clinics.


    2. (a) The executive office of health and human services is authorized and directed to submit


    3. to the Secretary of the United States Department of Health and Human Services a state plan


    4. amendment for the purposes of establishing Certified Community Behavioral Health Clinics in


    5. accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014.


    6. (b) The executive office of health and human services shall amend its Title XIX state plan


    7. pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C § 1397 et seq.] of the


    8. Social Security Act as necessary to cover all required services for persons with mental health and


    9. substance use disorders at a certified community behavioral health clinic through a daily or monthly


    10. bundled payment methodology that is specific to each organization’s anticipated costs and inclusive


    11. of all required services within Section 223 of the federal Protecting Access to Medicare Act of


    12. 2014. Such certified community behavioral health clinics shall adhere to the federal model,


    13. including payment structures and rates.


    14. (c) A certified community behavioral health clinic means any licensed behavioral health


    15. organization that meets the federal certification criteria of Section 223 of the Protecting Access to


    16. Medicare Act of 2014. The department of behavioral healthcare, developmental disabilities and


    17. hospitals shall define additional criteria to certify the clinics including, but not limited to the


    18. provision of, these services:


    19. (1) Outpatient mental health and substance use services;


    20. (2) Twenty-four (24) hour mobile crisis response and hotline services;


    21. (3) Screening, assessment, and diagnosis, including risk assessments;


    22. (4) Person-centered treatment planning;


    23. (5) Primary care screening and monitoring of key indicators of health risks;


    24. (6) Targeted case management;


    25. (7) Psychiatric rehabilitation services;


    26. (8) Peer support and family supports;


    27. (9) Medication-assisted treatment;


    28. (10) Assertive community treatment; and


    29. (11) Community-based mental health care for military service members and veterans.


    30. (d) Subject to the approval from the United States Department of Health and Human


    31. Services’ Centers for Medicare and Medicaid Services, the certified community behavioral health


    32. clinic model pursuant to this chapter, shall be established by July 1, 2023 February 1, 2024, and


    33. include any enhanced Medicaid match for required services or populations served.


    34. (e) By August 1, 2022, the executive office of health and human services will issue the

      1. appropriate purchasing process and vehicle for organizations who want to participate in the


      2. Certified Community Behavioral Health Clinic model program.


      3. (f) By December 1, 2022, the The organizations will submit a detailed cost report


      4. developed by the department of behavioral healthcare, developmental disabilities and hospitals


      5. with approval from the executive office of health and human services, that includes the cost for the


      6. organization to provide the required services.


      7. (g) By January 15, 2023, the The department of behavioral healthcare, developmental


      8. disabilities and hospitals, in coordination with the executive office of health and human services,


      9. will prepare an analysis of proposals, determine how many behavioral health clinics can be certified


      10. in FY 2024 and the costs for each one. Funding for the Certified Behavioral Health Clinics will be


      11. included in the FY 2024 budget recommended by the Governor.


      12. (h) The executive office of health and human services shall apply for the federal Certified


      13. Community Behavioral Health Clinics Demonstration Program if another round of funding


      14. becomes available.


      15. SECTION 9. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled "Office of


      16. Health and Human Services" is hereby amended to read as follows:


      17. 42-7.2-5. Duties of the secretary.


      18. The secretary shall be subject to the direction and supervision of the governor for the


      19. oversight, coordination, and cohesive direction of state-administered health and human services


      20. and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this


      21. capacity, the secretary of the executive office of health and human services (EOHHS) shall be


      22. authorized to:


      23. (1) Coordinate the administration and financing of healthcare benefits, human services, and


      24. programs including those authorized by the state’s Medicaid section 1115 demonstration waiver


      25. and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act.


      26. However, nothing in this section shall be construed as transferring to the secretary the powers,


      27. duties, or functions conferred upon the departments by Rhode Island public and general laws for


      28. the administration of federal/state programs financed in whole or in part with Medicaid funds or


      29. the administrative responsibility for the preparation and submission of any state plans, state plan


      30. amendments, or authorized federal waiver applications, once approved by the secretary.


      31. (2) Serve as the governor’s chief advisor and liaison to federal policymakers on Medicaid


      32. reform issues as well as the principal point of contact in the state on any such related matters.


      33. (3)(i) Review and ensure the coordination of the state’s Medicaid section 1115


      34. demonstration waiver requests and renewals as well as any initiatives and proposals requiring

  1. amendments to the Medicaid state plan or formal amendment changes, as described in the special


  2. terms and conditions of the state’s Medicaid section 1115 demonstration waiver with the potential


  3. to affect the scope, amount or duration of publicly funded healthcare services, provider payments


  4. or reimbursements, or access to or the availability of benefits and services as provided by Rhode


  5. Island general and public laws. The secretary shall consider whether any such changes are legally


  6. and fiscally sound and consistent with the state’s policy and budget priorities. The secretary shall


  7. also assess whether a proposed change is capable of obtaining the necessary approvals from federal


  8. officials and achieving the expected positive consumer outcomes. Department directors shall,


  9. within the timelines specified, provide any information and resources the secretary deems necessary


  10. in order to perform the reviews authorized in this section.


  11. (ii) Direct the development and implementation of any Medicaid policies, procedures, or


  12. systems that may be required to assure successful operation of the state’s health and human services


  13. integrated eligibility system and coordination with HealthSource RI, the state’s health insurance


  14. marketplace.


  15. (iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the


  16. Medicaid eligibility criteria for one or more of the populations covered under the state plan or a


  17. waiver to ensure consistency with federal and state laws and policies, coordinate and align systems,


  18. and identify areas for improving quality assurance, fair and equitable access to services, and


  19. opportunities for additional financial participation.


  20. (iv) Implement service organization and delivery reforms that facilitate service integration,


  21. increase value, and improve quality and health outcomes.


  22. (4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house


  23. and senate finance committees, the caseload estimating conference, and to the joint legislative


  24. committee for health-care oversight, by no later than September 15 of each year, a comprehensive


  25. overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The


  26. overview shall include, but not be limited to, the following information:


  27. (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;


  28. (ii) Expenditures, outcomes and utilization rates by population and sub-population served


  29. (e.g., families with children, persons with disabilities, children in foster care, children receiving


  30. adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);


  31. (iii) Expenditures, outcomes and utilization rates by each state department or other


  32. municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social


  33. Security Act, as amended;


  34. (iv) Expenditures, outcomes and utilization rates by type of service and/or service provider;

    1. and


    2. (v) Expenditures by mandatory population receiving mandatory services and, reported


    3. separately, optional services, as well as optional populations receiving mandatory services and,


    4. reported separately, optional services for each state agency receiving Title XIX and XXI funds; and


    5. (vi) Information submitted to the Centers for Medicare and Medicaid Services for the


    6. mandatory annual state reporting of the Core Set of Children's Health Care Quality Measures for


    7. Medicaid and Children's Health Insurance Program, behavioral health measures on the Core Set of


    8. Adult Health Care Quality Measures for Medicaid and the Core Sets of Health Home Quality


    9. Measures for Medicaid to ensure compliance with the Bipartisan Budget Act of 2018, Public Law


    10. 115-123.


    11. The directors of the departments, as well as local governments and school departments,


    12. shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever


    13. resources, information and support shall be necessary.


    14. (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among


    15. departments and their executive staffs and make necessary recommendations to the governor.


    16. (6) Ensure continued progress toward improving the quality, the economy, the


    17. accountability and the efficiency of state-administered health and human services. In this capacity,


    18. the secretary shall:


    19. (i) Direct implementation of reforms in the human resources practices of the executive


    20. office and the departments that streamline and upgrade services, achieve greater economies of scale


    21. and establish the coordinated system of the staff education, cross-training, and career development


    22. services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human


    23. services workforce;


    24. (ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery


    25. that expand their capacity to respond efficiently and responsibly to the diverse and changing needs


    26. of the people and communities they serve;


    27. (iii) Develop all opportunities to maximize resources by leveraging the state’s purchasing


    28. power, centralizing fiscal service functions related to budget, finance, and procurement,


    29. centralizing communication, policy analysis and planning, and information systems and data


    30. management, pursuing alternative funding sources through grants, awards and partnerships and


    31. securing all available federal financial participation for programs and services provided EOHHS-


    32. wide;


    33. (iv) Improve the coordination and efficiency of health and human services legal functions


    34. by centralizing adjudicative and legal services and overseeing their timely and judicious

  1. administration;


  2. (v) Facilitate the rebalancing of the long term system by creating an assessment and


  3. coordination organization or unit for the expressed purpose of developing and implementing


  4. procedures EOHHS-wide that ensure that the appropriate publicly funded health services are


  5. provided at the right time and in the most appropriate and least restrictive setting;


  6. (vi) Strengthen health and human services program integrity, quality control and


  7. collections, and recovery activities by consolidating functions within the office in a single unit that


  8. ensures all affected parties pay their fair share of the cost of services and are aware of alternative


  9. financing;


  10. (vii) Assure protective services are available to vulnerable elders and adults with


  11. developmental and other disabilities by reorganizing existing services, establishing new services


  12. where gaps exist and centralizing administrative responsibility for oversight of all related initiatives


  13. and programs.


  14. (7) Prepare and integrate comprehensive budgets for the health and human services


  15. departments and any other functions and duties assigned to the office. The budgets shall be


  16. submitted to the state budget office by the secretary, for consideration by the governor, on behalf


  17. of the state’s health and human services agencies in accordance with the provisions set forth in §


  18. 35-3-4.


  19. (8) Utilize objective data to evaluate health and human services policy goals, resource use


  20. and outcome evaluation and to perform short and long-term policy planning and development.


  21. (9) Establishment of an integrated approach to interdepartmental information and data


  22. management that complements and furthers the goals of the unified health infrastructure project


  23. initiative and that will facilitate the transition to a consumer-centered integrated system of state


  24. administered health and human services.


  25. (10) At the direction of the governor or the general assembly, conduct independent reviews


  26. of state-administered health and human services programs, policies and related agency actions and


  27. activities and assist the department directors in identifying strategies to address any issues or areas


  28. of concern that may emerge thereof. The department directors shall provide any information and


  29. assistance deemed necessary by the secretary when undertaking such independent reviews.


  30. (11) Provide regular and timely reports to the governor and make recommendations with


  31. respect to the state’s health and human services agenda.


  32. (12) Employ such personnel and contract for such consulting services as may be required


  33. to perform the powers and duties lawfully conferred upon the secretary.


  34. (13) Assume responsibility for complying with the provisions of any general or public law

    1. or regulation related to the disclosure, confidentiality and privacy of any information or records, in


    2. the possession or under the control of the executive office or the departments assigned to the


    3. executive office, that may be developed or acquired or transferred at the direction of the governor


    4. or the secretary for purposes directly connected with the secretary’s duties set forth herein.


    5. (14) Hold the director of each health and human services department accountable for their


    6. administrative, fiscal and program actions in the conduct of the respective powers and duties of


    7. their agencies.


    8. (15) Identify opportunities for inclusion with the EOHHS' October 1, 2023 budget


    9. submission, to remove fixed eligibility thresholds for programs under its purview by establishing


    10. sliding scale decreases in benefits commensurate with income increases up to four hundred fifty


    11. percent (450%) of the federal poverty level. These shall include but not be limited to medical


    12. assistance, child care assistance, and food assistance.


    13. SECTION 10. 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


  1. WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the Secretary


  2. of the Executive Office of Health and Human Services (“Executive Office”) is responsible for the


  3. review and coordination of any Medicaid section 1115 demonstration waiver requests and renewals


  4. as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category


  5. II or III changes as described in the demonstration, “with potential to affect the scope, amount, or


  6. duration of publicly-funded health care services, provider payments or reimbursements, or access


  7. to or the availability of benefits and services provided by Rhode Island general and public laws”;


  8. and


  9. WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is


  10. fiscally sound and sustainable, the Secretary requests legislative approval of the following


  11. proposals to amend the demonstration; and


  12. WHEREAS, implementation of adjustments may require amendments to the Rhode


  13. Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the


  14. demonstration. Further, adoption of new or amended rules, regulations and procedures may also be


  15. required


  16. (a) Cedar Rate Increase. The Secretary of the Executive Office is authorized to pursue and


  17. implement any waiver amendments, state plan amendments, and/or changes to the applicable

  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. (d) Permanent Appendix K Authority for Parents and Other Relatives to Provide Day and


  14. Community- Based Services Through Self-Directed HCBS Programs. The Secretary of the


  15. Executive Office is authorized to pursue and implement any waiver amendments, state plan


  16. amendments, and/or changes to the applicable department's rules, regulations and procedures


  17. required to implement permanent current 1115 Global Waiver Appendix K Authority to allow


  18. parents and other relatives of adult members with disabilities to be reimbursed for day and


  19. community-based services provided to adults with disabilities who participate in Self-Directed


  20. Home and Community-Based Services Programs. The Department of Behavioral Healthcare,


  21. Developmental Disabilities and Hospitals will include the necessary information for the expenses


  22. and number of participants in the monthly reported required under § 35-17-1.


  23. (e) Authority for Personal Care Attendant Service Delivery to HCBS Recipients in Acute


  24. Care Settings. The Secretary of the Executive Office is authorized to pursue and implement any


  25. waiver amendments, state plan amendments, and/or changes to the applicable department's rules,


  26. regulations and procedures required to allow Medicaid reimbursement of direct support


  27. professionals to assist Medicaid Long-Term Services and Supports Home and Community-Based


  28. Services beneficiaries while such individuals are receiving care in hospital acute care settings.


  29. Approval of the waiver does not create an obligation for any hospital to staff home and community-


  30. based service providers and those providers may not interfere with hospital clinical activities or


  31. engage in activities beyond the scope of the services prior to hospitalization.


  32. Now, therefore, be it


  33. RESOLVED, that the General Assembly hereby approves the proposals stated above in the


  34. recitals; and be it further

    1. RESOLVED, that the Secretary of the Executive Office of Health and Human Services is


    2. authorized to pursue and implement any waiver amendments, state plan amendment, and/or


    3. changes to the applicable department’s rules, regulations and procedures approved herein and as


    4. authorized by 42-12.4; and be it further;


    5. RESOLVED, that this Joint Resolution shall take effect on July 1, 2023.


    6. SECTION 11. This article shall take effect upon passage, except for Section 10 which shall


    7. take effect as of July 1, 2023.


  1. ARTICLE 10 AS AMENDED

    =======

    art.010/2

    =======


  2. RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2023



  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, 2023.


  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 4,896,389 302,285 5,198,674


  1. Provided that $2,000,000 shall be allocated to support a state workforce compensation and


  2. classification study, of which all unexpended or unencumbered balances, at the end of the fiscal


  3. year, shall be reappropriated to the ensuing fiscal year and made immediately available for the same


  4. purposes.


18 Federal Funds

108,998,500

0

108,998,500

19 Federal Funds - State Fiscal Recovery Fund




20 Nonprofit Assistance

20,000,000

0

20,000,000

21 Public Health Response Warehouse




22 Support

2,000,000

0

2,000,000

23 Health Care Facilities

77,500,000

0

77,500,000

24 Ongoing COVID-19 Response

73,000,000

(73,000,000)

0

25 Total - Central Management

286,394,889

(72,697,715)

213,697,174

26 Legal Services




27 General Revenues

2,374,193

(282,893)

2,091,300

28 Accounts and Control




29 General Revenues

5,211,103

(108,798)

5,102,305

30 Federal Funds




1 Federal Funds - Capital Projects Fund


2 CPF Administration 349,497 413,541 763,038


3 Federal Funds - State Fiscal Recovery Fund


4 Pandemic Recovery Office

4,948,839

917,703

5,866,542

5 Restricted Receipts –




6 OPEB Board Administration

137,905

51,458

189,363

7 Restricted Receipts –




8 Grants Management Administration

2,130,371

189,986

2,320,357

9 Total - Accounts and Control

12,777,715

1,463,890

14,241,605

10 Office of Management and Budget




11 General Revenues

8,354,324

(472,085)

7,882,239

12 Federal Funds

101,250

0

101,250

13 Restricted Receipts

300,000

0

300,000

14 Other Funds

1,228,111

229,890

1,458,001

15 Total - Office of Management and Budget

9,983,685

(242,195)

9,741,490

16 Purchasing




17 General Revenues

3,830,668

(488,977)

3,341,691

18 Restricted Receipts

381,474

3,404

384,878

19 Other Funds

550,989

26,241

577,230

20 Total - Purchasing

4,763,131

(459,332)

4,303,799

21 Human Resources




22 General Revenues

755,922

30,482

786,404

23 Personnel Appeal Board




24 General Revenues

143,059

(184)

142,875

25 Information Technology




26 General Revenues

721,340

20,000

741,340

27 Restricted Receipts

54,589,160

8,815,928

63,405,088


28 Provided that of the total available in the Information Technology Investment Fund as of


29 July 1, 2022, $22.4 million shall be made available for the development and implementation of an


  1. electronic medical records system for the state hospitals, $19.4 million for the replacement and


  2. modernization of the legacy department of labor and training mainframe system, $6.7 million for


  3. RIBridges Mobile and Childcare Tracking, $2.5 million for Blockchain Digital Identity, $2.2


  4. million to support implementation of the Enterprise Resource Planning System, $5.8 million for


  5. the department of environmental management’s online permit and licensing systems for fish and

  1. wildlife, commercial fishing, and boating registrations, $3.3 million for Wi-Fi and Technology at


  2. the Adult Correctional Institutions, and $2.3 million for the tax modernization system.


3 Total - Information Technology

55,310,500

8,835,928

64,146,428

4 Library and Information Services




5 General Revenues

1,796,514

1,027

1,797,541

6 Federal Funds

2,088,205

223,141

2,311,346

7 Restricted Receipts

6,990

0

6,990

8 Total – Library and Information Services

3,891,709

224,168

4,115,877

9 Planning




10 General Revenues

840,855

(87,128)

753,727

11 Federal Funds

3,050

0

3,050

12 Other Funds




13 Air Quality Modeling

24,000

0

24,000

14 Federal Highway –




15 PL Systems Planning

3,813,016

(627,630)

3,185,386

16 State Transportation Planning Match

592,033

(237,789)

354,244

17 FTA - Metro Planning Grant

1,340,126

313,871

1,653,997

18 Total-Planning

6,613,080

(638,676)

5,974,404

19 General




20 General Revenues




21 Miscellaneous Grants/Payments

130,000

0

130,000


  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.


24 Torts - Courts/Awards

675,000

125,000

800,000

25 Wrongful Conviction Awards

0

1,464,379

1,464,379

26 Resource Sharing and State




27 Library Aid

10,991,049

0

10,991,049

28 Library Construction Aid

1,859,673

0

1,859,673

29 Historic Tax Credits

28,000,000

0

28,000,000

30 RICAP Transfer

15,000,000

242,395,000

257,395,000

31 Federal Funds




32 Federal Funds – State Fiscal Recovery Fund




33 Aid to the Convention Center

5,000,000

5,000,000

10,000,000

34 Federal Funds – Capital Projects Fund





1 Municipal and Higher Ed




2 Matching Grant Program

23,360,095

(30)

23,360,065

3 RIC Student Services Center

5,000,000

(5,000,000)

0

4 Restricted Receipts

700,000

0

700,000

5 Other Funds




6 Rhode Island Capital Plan Funds




7 Security Measures State Buildings

500,000

205,557

705,557

8 Energy Efficiency Improvements

1,250,000

710,807

1,960,807

9 Cranston Street Armory

750,000

0

750,000

10 State House Renovations

2,083,000

1,021,916

3,104,916

11 Zambarano Buildings and Campus

6,070,000

1,267,784

7,337,784

12 Replacement of Fueling Tanks

680,000

983,189

1,663,189

13 Environmental Compliance

400,000

356,336

756,336

14 Big River Management Area

427,000

173,600

600,600

15 Shepard Building Upgrades

1,500,000

1,907,272

3,407,272

16 RI Convention Center Authority

7,350,000

0

7,350,000

17 Pastore Center Power Plant Rehabilitation

0

783,726

783,726

18 Accessibility - Facility Renovations

1,000,000

400,000

1,400,000

19 DoIT Enterprise Operations Center

3,300,000

(2,750,000)

550,000

20 BHDDH MH & Community Facilities




21 - Asset Protection

750,000

141,341

891,341

22 BHDDH DD & Community Homes




23 - Fire Code

325,000

276,335

601,335

24 BHDDH DD Regional Facilities




25 - Asset Protection

1,700,000

0

1,700,000

26 BHDDH Substance Abuse




27 Asset Protection

500,000

164,471

664,471

28 BHDDH Group Homes

1,250,000

178,690

1,428,690

29 Statewide Facility Master Plan

1,700,000

169,021

1,869,021

30 Cannon Building

1,150,000

(1,150,000)

0

31 Old State House

100,000

272,427

372,427

32 State Office Building

100,000

80,054

180,054

33 State Office Reorganization




34 & Relocation

250,000

1,512,000

1,762,000


1 William Powers Building 2,700,000

834,000

3,534,000

2 Pastore Center Non-Hospital



3 Buildings Asset Protection 6,250,000

842,253

7,092,253

4 Washington County Government



5 Center 500,000

(495,289)

4,711

6 Chapin Health Laboratory 500,000

291,377

791,377

7 560 Jefferson Blvd Asset Protection 150,000

(150,000)

0

8 Arrigan Center 825,000

(825,000)

0

9 Dunkin Donuts Civic Center 8,150,000

0

8,150,000

10 Pastore Center Building Demolition 1,000,000

(1,000,000)

0

11 Veterans Auditorium 765,000

0

765,000

12 Pastore Center Hospital Buildings



13 Asset Protection 500,000

(500,000)

0

14 Pastore Campus Infrastructure 11,050,000

(11,050,000)

0

15 Community Facilities Asset Protection 450,000

180,000

630,000

16 Zambarano LTAC Hospital 1,177,542

0

1,177,542

17 Medical Examiners New Facility 4,500,000

(4,500,000)

0

18 Total - General 162,368,359

234,316,216

396,684,575

19 Debt Service Payments



20 General Revenues 153,991,095

(2,627,703)

151,363,392

21 Out of the general revenue appropriations for debt

service, the General

Treasurer is


  1. authorized to make payments for the I-195 Redevelopment District Commission loan up to the


  2. maximum debt service due in accordance with the loan agreement.


24 Other Funds


25 Transportation Debt Service

40,548,738

0

40,548,738

26 Investment Receipts - Bond Funds

100,000

0

100,000

27 Total - Debt Service Payments

194,639,833

(2,627,703)

192,012,130

28 Energy Resources




29 Federal Funds




30 Federal Funds

981,791

974,647

1,956,438

31 Federal Funds - State Fiscal Recovery Fund




32 Electric Heat Pump Grant Program

5,000,000

0

5,000,000

33 Restricted Receipts

14,779,659

15,969,878

30,749,537

34 Other Funds

0

800,000

800,000


1 Total - Energy Resources

20,761,450

17,744,525

38,505,975

2 Rhode Island Health Benefits Exchange




3 General Revenues

4,077,880

(645,136)

3,432,744

4 Federal Funds




5 Federal Funds

12,392,493

32,711

12,425,204

6 Federal Funds - State Fiscal Recovery Fund




7 Auto-Enrollment Program

1,288,710

0

1,288,710

8 Restricted Receipts

15,010,294

303,966

15,314,260

9 Total - Rhode Island Health Benefits




10 Exchange

32,769,377

(308,459)

32,460,918

11 Office of Diversity, Equity & Opportunity




12 General Revenues

1,508,606

(189,270)

1,319,336

13 Other Funds

119,807

(17,956)

101,851

14 Total - Office of Diversity, Equity & Opportunity

1,628,413

(207,226)

1,421,187

15 Capital Asset Management and Maintenance




16 General Revenues

9,810,315

255,700

10,066,015

17 Statewide Personnel and Operations




18 General Revenues




19 FEMA Contingency Reserve

15,000,000

(10,000,000)

5,000,000


  1. Provided that all unexpended or unencumbered balances as of June 30, 2023, relating to


  2. the Federal Emergency Management Agency Contingency Reserve are hereby reappropriated to


  3. the following fiscal year.


23 General Officer Transition Costs

350,000

(350,000)

0

24 Total - Statewide Personnel and Operations

15,350,000

(10,350,000)

5,000,000

25 Grand Total - Administration

820,335,630

175,056,526

995,392,156

26 Business Regulation




27 Central Management




28 General Revenues

3,801,190

202,608

4,003,798

29 Banking Regulation




30 General Revenues

1,942,687

(169,682)

1,773,005

31 Restricted Receipts

63,000

0

63,000

32 Total - Banking Regulation

2,005,687

(169,682)

1,836,005

33 Securities Regulation




34 General Revenues

863,630

(23,279)

840,351


1 Restricted Receipts

15,000

0

15,000

2 Total - Securities Regulation

878,630

(23,279)

855,351

3 Insurance Regulation




4 General Revenues

4,419,316

93,106

4,512,422

5 Restricted Receipts

2,041,662

(159,146)

1,882,516

6 Total - Insurance Regulation

6,460,978

(66,040)

6,394,938

7 Office of the Health Insurance Commissioner




8 General Revenues

3,777,735

(32,173)

3,745,562


  1. Provided that $1,500,000 is used to conduct a comprehensive analysis of all state licensed


  2. and contracted social and human service providers, to include review of rates, eligibility, utilization,


  3. and accountability standards pursuant to Rhode Island General Law, Section 42-14.5-3(t).


12 Federal Funds

372,887

113,906

486,793

13 Restricted Receipts

532,817

(52,340)

480,477

14 Total - Office of the Health




15 Insurance Commissioner

4,683,439

29,393

4,712,832

16 Board of Accountancy




17 General Revenues

5,490

0

5,490

18 Commercial Licensing and Gaming and Athletics

Licensing



19 General Revenues

1,167,550

(1,416)

1,166,134

20 Restricted Receipts

914,932

(46,972)

867,960

21 Total - Commercial Licensing and Gaming




22 and Athletics Licensing

2,082,482

(48,388)

2,034,094

23 Building, Design and Fire Professionals




24 General Revenues

8,852,699

523,803

9,376,502

25 Federal Funds

318,300

0

318,300

26 Restricted Receipts

2,200,455

(263,530)

1,936,925

27 Other Funds




28 Quonset Development Corporation

69,727

0

69,727

29 Rhode Island Capital Plan Funds




30 Fire Academy Expansion

675,000

(675,000)

0

31 Total - Building, Design and Fire Professionals

12,116,181

(414,727)

11,701,454

32 Office of Cannabis Regulation




33 General Revenues

1,440,464

(1,440,464)

0

34 Restricted Receipts

5,021,772

(12,708)

5,009,064


1 Total - Office of Cannabis Regulation

6,462,236

(1,453,172)

5,009,064

2 Grand Total - Business Regulation

38,496,313

(1,943,287)

36,553,026

3 Executive Office of Commerce




4 Central Management




5 General Revenues

2,356,175

(196,810)

2,159,365

6 Housing and Community Development




7 General Revenues

1,522,293

2,867,036

4,389,329

8 Federal Funds




9 Federal Funds

16,124,699

7,788,516

23,913,215

10 Federal Funds - State Fiscal Recovery Fund




11 OHCD Predevelopment and Capacity Fund

500,000

421,391

921,391

12 Development of Affordable




13 Housing

30,000,000

259,175

30,259,175

14 Homelessness Assistance Program

7,000,000

1,500,000

8,500,000

15 Site Acquisition

3,000,000

6,000,000

9,000,000

16 Down Payment Assistance

10,000,000

0

10,000,000

17 Workforce Housing

12,000,000

0

12,000,000

18 Affordable Housing




19 Predevelopment Program

2,500,000

0

2,500,000

20 Home Repair and Community




21 Revitalization

15,000,000

0

15,000,000

22 Statewide Housing Plan

2,000,000

0

2,000,000

23 Homelessness Infrastructure

15,000,000

0

15,000,000

24 Restricted Receipts

7,664,150

7,551,960

15,216,110

25 Total - Housing and Community




26 Development

122,311,142

26,388,078

148,699,220

27 Quasi-Public Appropriations




28 General Revenues




29 Rhode Island Commerce




30 Corporation

7,947,778

0

7,947,778

31 Airport Impact Aid

1,010,036

0

1,010,036


  1. Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be


  2. distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the


  3. total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)

  1. of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022


  2. at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,


  3. T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation


  4. shall make an impact payment to the towns or cities in which the airport is located based on this


  5. calculation. Each community upon which any part of the above airports is located shall receive at


6 least $25,000.


7 STAC Research Alliance

900,000

0

900,000

8 Innovative Matching




9 Grants/Internships

1,000,000

0

1,000,000

10 I-195 Redevelopment




11 District Commission

961,000

0

961,000

12 Polaris Manufacturing Grant

450,000

0

450,000

13 East Providence Waterfront




14 Commission

50,000

0

50,000

15 Urban Ventures

140,000

0

140,000

16 Chafee Center at Bryant

476,200

0

476,200

17 Municipal Infrastructure




18 Grant Program

2,500,000

5,500,000

8,000,000


  1. Provided that $5,500,000 shall be allocated to the Rhode Island Infrastructure Bank for the


  2. creation of a Municipal Matching Grant Pool for cities and towns that apply for federal


  3. Infrastructure Investment and Jobs Act funds, but lack matching funds.


22 OSCAR Program


23 – Infrastructure Bank

4,000,000

0

4,000,000

24 Federal Funds - State Fiscal Recovery Fund




25 Port of Davisville

6,000,000

0

6,000,000

26 Other Funds




27 Rhode Island Capital Plan Funds




28 I-195 Redevelopment District Commission

805,000

235,048

1,040,048

29 Quonset Point Davisville Pier

0

20,274

20,274

30 Total - Quasi-Public Appropriations

26,240,014

5,755,322

31,995,336

31 Economic Development Initiatives Fund




32 General Revenues




33 Innovation Initiative

1,000,000

0

1,000,000

34 Rebuild RI Tax Credit Fund

13,500,000

0

13,500,000


1 Small Business Promotion

300,000

0

300,000

2 Small Business Assistance

650,000

0

650,000

3 Federal Funds




4 Federal Funds

20,000,000

0

20,000,000

5 Federal Funds - State Fiscal Recovery Fund




6 Destination Marketing

1,500,000

0

1,500,000

7 Assistance to Impacted Industries

0

4,801,001

4,801,001

8 Total - Economic Development Initiatives




9 Fund

36,950,000

4,801,001

41,751,001

10 Commerce Programs




11 General Revenues




12 Wavemaker Fellowship

3,200,000

0

3,200,000

13 Air Service Development Fund

2,250,000

0

2,250,000

14 Main Streets Revitalization

5,000,000

0

5,000,000

15 Federal Funds - State Fiscal Recovery Fund




16 Minority Business Accelerator

2,000,000

0

2,000,000

17 Blue Economy Investments

10,000,000

(10,000,000)

0

18 Bioscience Investments

5,000,000

(5,000,000)

0

19 South Quay Marine Terminal

12,000,000

(12,000,000)

0

20 Small Business Assistance

0

13,257,568

13,257,568

21 Statewide Broadband Planning and Mapping

0

230,800

230,800

22 Federal Funds - Capital Projects Fund




23 Broadband

15,383,000

0

15,383,000

24 Total - Commerce Programs

54,833,000

(13,511,632)

41,321,368

25 Grand Total - Executive Office of Commerce

242,690,331

23,235,959

265,926,290

26 Labor and Training




27 Central Management




28 General Revenues

1,065,747

(20,807)

1,044,940

29 Restricted Receipts

379,215

(25,494)

353,721

30 Total - Central Management

1,444,962

(46,301)

1,398,661

31 Workforce Development Services




32 General Revenues

1,103,105

404,814

1,507,919


33 Provided that $200,000 of this amount is used to support Year Up.


34 Federal Funds 19,464,609 15,466,895 34,931,504


1 Other Funds

8,026

(8,026)

0

2 Total - Workforce Development Services

20,575,740

15,863,683

36,439,423

3 Workforce Regulation and Safety




4 General Revenues

4,240,619

(89,841)

4,150,778

5 Income Support




6 General Revenues

3,949,058

21,148

3,970,206

7 Federal Funds




8 Federal Funds

57,711,996

(32,426,193)

25,285,803

9 Federal Funds - State Fiscal Recovery Fund




10 Unemployment Insurance Trust Fund




11 Contribution

100,000,000

0

100,000,000

12 Restricted Receipts

2,076,599

1,528,729

3,605,328

13 Other Funds




14 Temporary Disability




15 Insurance Fund

215,049,696

29,262,655

244,312,351

16 Employment Security Fund

177,075,000

(39,500,000)

137,575,000

17 Total - Income Support

555,862,349

(41,113,661)

514,748,688

18 Injured Workers Services




19 Restricted Receipts

11,403,127

(1,467,862)

9,935,265

20 Labor Relations Board




21 General Revenues

452,822

91,680

544,502

22 Governor’s Workforce Board




23 General Revenues

12,031,000

0

12,031,000


  1. Provided that $600,000 of these funds shall be used for enhanced training for direct care


  2. and support services staff to improve resident quality of care and address the changing health care


  3. needs of nursing facility residents due to higher acuity and increased cognitive impairments


  4. pursuant to Rhode Island General Laws, Section 23-17.5-36.


28 Federal Funds - State Fiscal Recovery Fund


29 Enhanced Real Jobs

10,000,000

0

10,000,000

30 Restricted Receipts

18,443,377

2,467,174

20,910,551

31 Total - Governor’s Workforce Board

40,474,377

2,467,174

42,941,551

32 Grand Total - Labor and Training

634,453,996

(24,295,128)

610,158,868

33 Department of Revenue




34 Director of Revenue





1 General Revenues

2,257,475

(16,812)

2,240,663

2 Office of Revenue Analysis




3 General Revenues

970,638

(26,967)

943,671

4 Lottery Division




5 Other Funds

435,992,155

(46,890,162)

389,101,993

6 Rhode Island Capital Plan Funds




7 Lottery Building Enhancements

850,000

(850,000)

0

8 Total - Lottery Division

436,842,155

(47,740,162)

389,101,993

9 Municipal Finance




10 General Revenues

1,738,044

(31,593)

1,706,451

11 Federal Funds

131,957,594

0

131,957,594

12 Total - Municipal Finance

133,695,638

(31,593)

133,664,045

13 Taxation




14 General Revenues

34,793,050

(1,602,397)

33,190,653

15 Restricted Receipts

2,156,890

7,120

2,164,010

16 Other Funds




17 Motor Fuel Tax Evasion

155,000

20,000

175,000

18 Total - Taxation

37,104,940

(1,575,277)

35,529,663

19 Registry of Motor Vehicles




20 General Revenues

39,062,598

(37,719)

39,024,879


  1. Provided that all unexpended or unencumbered balances as of June 30, 2023 relating to


  2. license plate reissuance are hereby reappropriated to the following fiscal year.


23 Federal Funds

220,000

209,496

429,496

24 Restricted Receipts

3,494,403

0

3,494,403

25 Total - Registry of Motor Vehicles

42,777,001

171,777

42,948,778

26 State Aid




27 General Revenues




28 Distressed Communities Relief Fund

12,384,458

0

12,384,458

29 Payment in Lieu of Tax Exempt




30 Properties

48,433,591

0

48,433,591

31 Motor Vehicle Excise Tax Payments

230,954,881

(337,089)

230,617,792

32 Property Revaluation Program

414,947

205,216

620,163

33 Restricted Receipts

995,120

0

995,120

34 Total - State Aid

293,182,997

(131,873)

293,051,124


1 Collections


2 General Revenues

887,668

58,826

946,494

3 Grand Total - Revenue

947,718,512

(49,292,081)

898,426,431

4 Legislature




5 General Revenues

48,542,952

8,492,654

57,035,606

6 Restricted Receipts

1,919,241

108,522

2,027,763

7 Grand Total - Legislature

50,462,193

8,601,176

59,063,369

8 Lieutenant Governor




9 General Revenues

1,353,568

13,205

1,366,773

10 Secretary of State




11 Administration




12 General Revenues

4,049,383

(71,295)

3,978,088

13 Corporations




14 General Revenues

2,687,784

(40,010)

2,647,774

15 State Archives




16 General Revenues

178,651

6,816

185,467

17 Restricted Receipts

520,197

6,178

526,375

18 Total - State Archives

698,848

12,994

711,842

19 Elections and Civics




20 General Revenues

3,439,462

180,739

3,620,201

21 Federal Funds

1,621,565

0

1,621,565

22 Total - Elections and Civics

5,061,027

180,739

5,241,766

23 State Library




24 General Revenues

825,475

(13,603)

811,872


  1. Provided that $125,000 be allocated to support the Rhode Island Historical Society


  2. pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the


  3. Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.


  4. Office of Public Information


29 General Revenues

686,260

10,528

696,788

30 Receipted Receipts

25,000

0

25,000

31 Total - Office of Public Information

711,260

10,528

721,788

  1. Grand Total - Secretary of State


  2. General Treasurer


  3. Treasury

14,033,777

79,353

14,113,130


1 General Revenues

2,709,016

25,259

2,734,275

2 Federal Funds

350,752

(18,555)

332,197

3 Other Funds




4 Temporary Disability Insurance Fund

289,491

(36,334)

253,157

5 Tuition Savings Program - Administration

404,401

73,625

478,026

6 Total -Treasury

3,753,660

43,995

3,797,655

7 State Retirement System




8 Restricted Receipts




9 Admin Expenses –




10 State Retirement System

12,382,831

(80,456)

12,302,375

11 Retirement –




12 Treasury Investment Operations

2,000,963

(135,266)

1,865,697

13 Defined Contribution – Administration

314,124

7,828

321,952

14 Total - State Retirement System

14,697,918

(207,894)

14,490,024

15 Unclaimed Property




16 Restricted Receipts

2,570,182

(4,710)

2,565,472

17 Crime Victim Compensation Program




18 General Revenues

849,616

21,559

871,175

19 Federal Funds

422,493

0

422,493

20 Restricted Receipts

555,000

0

555,000

21 Total - Crime Victim Compensation Program

1,827,109

21,559

1,848,668

22 Grand Total - General Treasurer

22,848,869

(147,050)

22,701,819

23 Board of Elections




24 General Revenues

6,249,463

(279,652)

5,969,811

25 Rhode Island Ethics Commission




26 General Revenues

2,035,145

2,336

2,037,481

27 Office of Governor




28 General Revenues




29 General Revenues

7,002,280

446,987

7,449,267

30 Contingency Fund

150,000

0

150,000

31 Grand Total - Office of Governor

7,152,280

446,987

7,599,267

32 Commission for Human Rights




33 General Revenues

1,744,334

116,491

1,860,825

34 Federal Funds

408,411

(13,197)

395,214


1 Grand Total - Commission for Human Rights

2,152,745

103,294

2,256,039

2 Public Utilities Commission




3 Federal Funds

582,689

(58,971)

523,718

4 Restricted Receipts

12,987,076

209,563

13,196,639

5 Grand Total - Public Utilities Commission

13,569,765

150,592

13,720,357

6 Office of Health and Human Services




7 Central Management




8 General Revenues

49,502,266

(1,221,659)

48,280,607


  1. Provided that $250,000 $30,000 shall be for the children’s cabinet, established under


  2. Rhode Island General Law, Chapter 42-72.5, to assist with the planning for an early childhood


  3. governance structure of and for the transition of established early childhood programs to such an


12

office.


13 Federal Funds




14 Federal Funds

167,520,158

(16,957,721)

150,562,437

15 Federal Funds - State Fiscal Recovery Fund




16 Butler Hospital Short Term




17 Stay Unit

8,000,000

0

8,000,000

18 Pediatric Recovery

7,500,000

1,534,900

9,034,900

19 Early Intervention Recovery

5,500,000

1,448,785

6,948,785

20 Certified Community




21 Behavioral Health Clinics

30,000,000

0

30,000,000

22 Restricted Receipts

56,342,012

(20,945,192)

35,396,820

23 Total - Central Management

324,364,436

(36,140,887)

288,223,549

24 Medical Assistance




25 General Revenues




26 Managed Care

407,943,888

(41,714,198)

366,229,690

27 Hospitals

86,155,276

3,384,097

89,539,373


  1. Of the general revenue funding, $2.5 million shall be provided for Graduate Medical


  2. Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,


  3. $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million


  4. is for the new residential training program at Landmark Hospital.


32 Nursing Facilities

137,967,876

(17,439,676)

120,528,200

33 Home and Community




34 Based Services

61,054,127

(11,406,087)

49,648,040


1 Other Services

145,886,477

(6,924,567)

138,961,910

2 Pharmacy

87,283,555

(7,314,725)

79,968,830

3 Rhody Health

221,113,381

(33,363,951)

187,749,430

4 Federal Funds




5 Managed Care

552,913,884

41,018,438

593,932,322

6 Hospitals

128,123,193

6,058,782

134,181,975

7 Nursing Facilities

173,656,008

7,815,792

181,471,800

8 Home and Community




9 Based Services

76,711,843

(1,959,883)

74,751,960

10 Other Services

865,746,927

(42,005,836)

823,741,091

11 Pharmacy

116,445

414,725

531,170

12 Rhody Health

275,851,622

3,698,948

279,550,570

13 Other Programs

44,798,580

(11,183,332)

33,615,248

14 Restricted Receipts

24,750,000

(4,297,873)

20,452,127

15 Total - Medical Assistance

3,290,073,082

(115,219,346)

3,174,853,736

16 Grand Total –




17 Office of Health and Human Services

3,614,437,518

(151,360,233)

3,463,077,285

18 Children, Youth and Families




19 Central Management




20 General Revenues

14,033,990

407,655

14,441,645


  1. The director of the department of children, youth and families shall provide to the speaker


  2. of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,


  3. a report on its progress implementing the accreditation plan filed in accordance with Rhode Island


  4. General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The


  5. report shall, at minimum, provide data regarding recruitment and retention efforts including


  6. attaining and maintaining a diverse workforce, documentation of newly filled and vacated


  7. positions, and progress towards reducing worker caseloads.


28 Federal Funds


29 Federal Funds

5,222,426

(570,813)

4,651,613

30 Federal Funds - State Fiscal Recovery Fund




31 Foster Home Lead Abatement & Fire Safety

1,500,000

0

1,500,000

32 Provider Workforce Stabilization

2,500,000

5,672,204

8,172,204

33 Other Funds




34 Rhode Island Capital Plan Funds





1 DCYF Headquarters

250,000

(250,000)

0

2 DCYF Transitional Housing

500,000

(500,000)

0

3 Total - Central Management

24,006,416

4,759,046

28,765,462

4 Children's Behavioral Health Services




5 General Revenues

8,684,693

(958,658)

7,726,035

6 Federal Funds




7 Federal Funds

9,445,069

(867,236)

8,577,833

8 Federal Funds - State Fiscal Recovery Fund




9 Psychiatric Residential Treatment




10 Facility

12,000,000

0

12,000,000

11 Total - Children's Behavioral Health Services

30,129,762

(1,825,894)

28,303,868

12 Juvenile Correctional Services




13 General Revenues

22,098,188

20,363

22,118,551

14 Federal Funds

416,972

(222,483)

194,489

15 Restricted Receipts

317,386

(172,400)

144,986

16 Other Funds




17 Rhode Island Capital Plan Funds




18 Training School Asset Protection

250,000

5,500

255,500

19 Total - Juvenile Correctional Services

23,082,546

(369,020)

22,713,526

20 Child Welfare




21 General Revenues

161,584,128

(1,815,468)

159,768,660


  1. Provided that up to $2,000,000 of unexpended funding shall be available for vehicles in


  2. the following fiscal year for which a purchase was initiated prior to June 30, 2023.


    24 Federal Funds

    74,035,823

    3,476,288

    77,512,111

    25 Restricted Receipts

    1,467,772

    (103,024)

    1,364,748

    26 Total - Child Welfare

    237,087,723

    1,557,796

    238,645,519

    27 Higher Education Incentive Grants




    28 General Revenues

    200,000

    0

    200,000

    29 Grand Total - Children, Youth and Families

    314,506,447

    4,121,928

    318,628,375

    30 Health




    31 Central Management




    32 General Revenues

    2,965,099

    367,509

    3,332,608

    33 Federal Funds

    4,322,005

    1,524,737

    5,846,742

    34 Restricted Receipts

    26,202,867

    (484,768)

    25,718,099

    1. Provided that the disbursement of any indirect cost recoveries on federal grants budgeted


    2. in this line item that are derived from grants authorized under The Coronavirus Preparedness and


    3. Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus


    4. Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-


    5. 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the


    6. Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021


    7. (P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management


    8. and Budget. No obligation or expenditure of these funds shall take place without such approval.


      9 Total - Central Management

      33,489,971

      1,407,478

      34,897,449

      10 Community Health and Equity




      11 General Revenues

      1,588,431

      84

      1,588,515

      12 Federal Funds




      13 Federal Funds

      81,169,548

      (1,910,692)

      79,258,856

      14 Federal Funds – State Fiscal Recovery Fund




      15 Public Health Clinics

      4,000,000

      0

      4,000,000

      16 Restricted Receipts

      41,511,977

      1,313,788

      42,825,765

      17 Total - Community Health and Equity

      128,269,956

      (596,820)

      127,673,136

      18 Environmental Health




      19 General Revenues

      6,088,320

      (696,472)

      5,391,848

      20 Federal Funds

      8,549,060

      1,418,514

      9,967,574

      21 Restricted Receipts

      967,543

      (106,050)

      861,493

      22 Total - Environmental Health

      15,604,923

      615,992

      16,220,915

      23 Health Laboratories and Medical Examiner




      24 General Revenues

      10,980,589

      1,424,564

      12,405,153

      25 Federal Funds

      2,756,028

      783,517

      3,539,545

      26 Other Funds




      27 Rhode Island Capital Plan Funds




      28 Health Laboratories & Medical




      29 Examiner Equipment

      400,000

      176,012

      576,012

      30 Total – Health Laboratories and




      31 Medical Examiner

      14,136,617

      2,384,093

      16,520,710

      32 Customer Services




      33 General Revenues

      8,198,687

      (206,570)

      7,992,117

      34 Federal Funds

      6,369,584

      1,006,902

      7,376,486


      1 Restricted Receipts

      4,024,890

      2,459,043

      6,483,933

      2 Total - Customer Services

      18,593,161

      3,259,375

      21,852,536

      3 Policy, Information and Communications




      4 General Revenues

      958,580

      34,088

      992,668

      5 Federal Funds

      2,876,367

      266,775

      3,143,142

      6 Restricted Receipts

      1,266,247

      (381,834)

      884,413

      7 Total - Policy, Information and




      8 Communications

      5,101,194

      (80,971)

      5,020,223


      9 Preparedness, Response, Infectious Disease & Emergency Services


      10 General Revenues


      2,092,672


      31,339


      2,124,011

      11 Federal Funds

      24,921,020

      (425,488)

      24,495,532

      12 Total - Preparedness, Response,




      13 Infectious Disease & Emergency Services

      27,013,692

      (394,149)

      26,619,543

      14 COVID-19




      15 General Revenues

      0

      156,132

      156,132

      16 Federal Funds

      131,144,016

      (2,936,968)

      128,207,048

      17 Total - COVID-19

      131,144,016

      (2,780,836)

      128,363,180

      18 Grand Total - Health

      373,353,530

      3,814,162

      377,167,692

      19 Human Services




      20 Central Management




      21 General Revenues

      7,586,208

      149,083

      7,735,291


      1. Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide


      2. direct services through the Coalition Against Domestic Violence, $350,000 to support Project


      3. Reach activities provided by the RI Alliance of Boys and Girls Clubs, $267,000 is for outreach and


      4. supportive services through Day One, $450,000 is for food collection and distribution through the


      5. Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads


      6. Rhode Island, $600,000 for the Community Action Fund, $250,000 is for the Institute for the Study


      7. and Practice of Nonviolence’s Reduction Strategy, $50,000 is to support services provided to the


      8. immigrant and refugee population through Higher Ground International, and $50,000 is for services


      9. provided to refugees through the Refugee Dream Center. An additional $750,000 is for enhanced


      10. support to the RI Alliance of Boys and Girls Clubs to assist students with academic, mental health,


      11. and workforce readiness needs, and $1,400,000 is for the Community Action Fund for support to


      12. individuals and families affected by the pandemic.


      13. The director of the department of human services shall provide to the speaker of the house,

        1. president of the senate, and chairs of the house and senate finance committees at least every sixty


        2. (60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer


        3. serving staff. The report shall include: documentation of newly filled and vacated positions,


        4. including lateral transfers, position titles, civil service information, including numbers of eligible


        5. and available candidates, plans for future testing and numbers of eligible and available candidates


        6. resulting from such testing, impacts on caseload backlogs and call center wait times, as well as


        7. other pertinent information as determined by the director.


      8 Federal Funds

      5,425,851

      1,476,532

      6,902,383

      9 Restricted Receipts

      300,000

      0

      300,000

      10 Total - Central Management

      13,312,059

      1,625,615

      14,937,674

      11 Child Support Enforcement




      12 General Revenues

      3,678,142

      516,146

      4,194,288

      13 Federal Funds

      8,773,784

      105,668

      8,879,452

      14 Restricted Receipts

      3,575,448

      38,411

      3,613,859

      15 Total - Child Support Enforcement

      16,027,374

      660,225

      16,687,599

      16 Individual and Family Support




      17 General Revenues

      46,264,236

      (2,341,513)

      43,922,723

      18 Federal Funds




      19 Federal Funds

      123,929,840

      24,880,602

      148,810,442

      20 Federal Funds - State Fiscal Recovery Fund




      21 Child Care Support

      21,283,000

      (8,624,421)

      12,658,579

      22 Restricted Receipts

      250,255

      51,795

      302,050

      23 Other Funds




      24 Rhode Island Capital Plan Funds




      25 Blind Vending Facilities

      165,000

      (5,214)

      159,786

      26 Total - Individual and Family Support

      191,892,331

      13,961,249

      205,853,580

      27 Office of Veterans Services




      28 General Revenues

      32,402,204

      1,400,960

      33,803,164


      29 Of this amount, $200,000 is to provide support services through Veterans’ organizations.


      30 Federal Funds


      12,647,664


      (236,447)


      12,411,217

      31 Restricted Receipts

      759,968

      50,573

      810,541

      32 Other Funds




      33 Rhode Island Capital Plan Funds




      34 Veterans Home Asset Protection

      400,000

      (375,000)

      25,000


      1 Veterans Memorial Cemetery Asset




      2 Protection

      200,000

      201,850

      401,850

      3 Total - Office of Veterans Services

      46,409,836

      1,041,936

      47,451,772

      4 Health Care Eligibility




      5 General Revenues

      9,969,089

      (1,988,647)

      7,980,442

      6 Federal Funds

      16,052,510

      (5,482,946)

      10,569,564

      7 Total - Health Care Eligibility

      26,021,599

      (7,471,593)

      18,550,006

      8 Supplemental Security Income Program




      9 General Revenues

      17,886,000

      (1,105,460)

      16,780,540

      10 Rhode Island Works




      11 General Revenues

      8,681,937

      455,544

      9,137,481

      12 Federal Funds

      94,595,896

      (15,778,156)

      78,817,740

      13 Total - Rhode Island Works

      103,277,833

      (15,322,612)

      87,955,221

      14 Other Programs




      15 General Revenues




      16 General Revenues

      1,347,120

      220,980

      1,568,100


      1. Of this appropriation, $90,000 shall be used for hardship contingency payments.


      2. Retail SNAP Incentives Pilot Program 11,500,000 (10,000,000) 1,500,000


      3. All unexpended or unencumbered balances, at the end of the fiscal year, shall be


      4. reappropriated to the ensuing fiscal year, and made immediately available for the same purpose.


      21 Federal Funds

      435,426,342

      63,027,402

      498,453,744

      22 Restricted Receipts

      8,000

      0

      8,000

      23 Total - Other Programs

      448,281,462

      53,248,382

      501,529,844

      24 Office of Healthy Aging




      25 General Revenues

      12,996,855

      (1,067,373)

      11,929,482

      26 Of this amount,

      $325,000 is to provide elder services,

      including respite,

      through the


      1. Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term


      2. Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for


      3. housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and


      4. $1,000,000 is for Senior Services Support and $580,000 is for elderly nutrition, of which $530,000


      5. is for Meals on Wheels.


      32 Federal Funds

      21,375,702

      643,882

      22,019,584

      33 Restricted Receipts

      61,000

      0

      61,000

      34 Other Funds




      1. Intermodal Surface Transportation


      2. Fund 4,593,213 (323,663) 4,269,550


      3. Total - Office of Healthy Aging 39,026,770 (747,154) 38,279,616


      4. Grand Total - Human Services 902,135,264 45,890,588 948,025,852


      5. Behavioral Healthcare, Developmental Disabilities and Hospitals


      6. Central Management


      7 General Revenues 4,900,015 (1,985,248) 2,914,767


      8 Federal Funds 609,732 80,884 690,616


    9. Total - Central Management 5,509,747 (1,904,364) 3,605,383


    10. Hospital and Community System Support


11 General Revenues 2,791,946 (989,701) 1,802,245


12 Federal Funds 796,646 (733,323) 63,323


13 Restricted Receipts 261,029 173,143 434,172


  1. Total - Hospital and Community System


  2. Support 3,849,621 (1,549,881) 2,299,740


  3. Services for the Developmentally Disabled


    17 General Revenues 173,368,833 (20,738,738) 152,630,095


    1. Provided that of this general revenue funding, $15,170,870 $13,826,656 shall be expended


    2. on certain community-based department of behavioral healthcare, developmental disabilities and


    3. hospitals (BHDDH) developmental disability private provider and self-directed consumer direct


    4. care service worker raises and associated payroll cost costs as authorized by BHDDH. Any


    5. increases increase for direct support staff and residential or other community-based setting must


    6. first receive the approval of BHDDH.


    7. Provided further that of this general revenue funding, $4,748,600 $4,469,600 shall be


    8. expended on a Transformation Fund to be used for I/DD integrated day activities and supported


    9. employment services for individuals with intellectual and developmental disabilities, of which a


    10. total of $2,000,000 shall be expended specifically on those who self-direct for creation of regional


    11. service advisement models and pool of substitute staff. An additional $458,100 $779,493 shall be


    12. expended on technology acquisition for individuals within the developmental disabilities system


    13. Developmental Disabilities System. An additional $42,100 shall be expended on technical


    14. assistance for the aforementioned technology acquisition. An additional $450,000 shall be


    15. expended on creating a statewide workforce initiative focused on recruiting, creating pipelines, and


    16. credentialing. For these two designations of general revenue funding, all unexpended or


    17. unencumbered balances at the end of the fiscal year shall be reappropriated to the ensuing fiscal

    1. year and made immediately available for the same purpose.


      2 Federal Funds 208,693,092 13,436,726 222,129,818


      1. Provided that of this federal funding, $19,105,835 $19,765,802 shall be expended on


      2. certain community-based department of behavioral healthcare, developmental disabilities and


      3. hospitals (BHDDH) developmental disability private provider and self-directed consumer direct


      4. care service worker raises and associated payroll cost costs as authorized by BHDDH. Any


      5. increases increase for direct support staff and residential or other community-based setting must


      6. first receive the approval of BHDDH.


      7. Provided further that of this federal funding, $4,748,600 $3,530,400 shall be expended on


      8. a Transformation Fund to be used for I/DD integrated day activities and supported employment


      9. services for individuals with intellectual and developmental disabilities, of which $2,000,000 shall


      10. be expended specifically on those who self-direct for creation of regional service advisement


      11. models and pool of substitute staff. An additional $458,100 $1,114,319 shall be expended on


      12. technology acquisition for individuals within the developmental disabilities system Developmental


      13. Disabilities System. An additional $42,100 shall be expended on technical assistance for the


      14. aforementioned technology acquisition. An additional $450,000 shall be expended on creating a


      15. statewide workforce initiative focused on recruiting, creating pipelines, and credentialing. For these


      16. two designations of federal funding, all unexpended or unencumbered balances at the end of the


      17. fiscal year shall be reappropriated to the ensuing fiscal year and made immediately available for


      18. the same purpose.


        21 Restricted Receipts

        1,275,700

        106,265

        1,381,965

        22 Other Funds




        23 Rhode Island Capital Plan Funds




        24 DD Residential Support

        100,000

        100,000

        200,000

        25 Total - Services for the Developmentally Disabled

        383,437,625

        (7,095,747)

        376,341,878

        26 Behavioral Healthcare Services




        27 General Revenues

        2,969,495

        2,009,726

        4,979,221

        28 Federal Funds

        45,702,498

        (4,237,498)

        41,465,000


        1. Provided that $250,000 from Social Services Block Grant funds is awarded to The


        2. Providence Center to coordinate with Oasis Wellness and Recovery for its support and services


        3. program offered to individuals with behavioral health issues.


        32 Federal Funds - State Fiscal Recovery Fund


        33 Crisis Intervention Trainings

        550,000

        0

        550,000

        34 9-8-8 Hotline

        1,875,000

        0

        1,875,000

        1 Restricted Receipts 3,640,116 7,127,898 10,768,014


    2. Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the


    3. seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each


    4 Task Force.


    5 Total - Behavioral Healthcare Services

    54,737,109

    4,900,126

    59,637,235

    6 Hospital and Community Rehabilitative Services




    7 General Revenues

    88,307,069

    (10,005,554)

    78,301,515

    8 Federal Funds

    30,232,988

    (1,293,386)

    28,939,602

    9 Restricted Receipts

    25,000

    2,183,330

    2,208,330

    10 Other Funds




    11 Rhode Island Capital Plan Funds




    12 Hospital Equipment

    300,000

    314,000

    614,000

    13 Total - Hospital and Community




    14 Rehabilitative Services

    118,865,057

    (8,801,610)

    110,063,447

    15 State of RI Psychiatric Hospital




    16 General Revenue

    30,662,874

    (1,180,222)

    29,482,652

    17 Grand Total - Behavioral Healthcare,




    18 Developmental Disabilities and Hospitals

    597,062,033

    (15,631,698)

    581,430,335

    19 Office of the Child Advocate




    20 General Revenues

    1,494,065

    (9,005)

    1,485,060


    1. The Department of Administration shall hold a public hearing, in accordance with Rhode


    2. Island General Law, Sections 36-4-16 and 36-4-16.2, by September 1, 2022 to consider revisions



      and pay plan

      consistent with

      the

      additional

      25 Federal Funds

      0

      12,000


      12,000

      26 Grand Total – Office of the Child Advocate

      1,494,065

      2,995


      1,497,060

      27 Commission on the Deaf and Hard of Hearing





      28 General Revenues

      716,876

      24,369


      741,245

      29 Restricted Receipts

      100,000

      5,599


      105,599

      30 Grand Total - Commission on the Deaf and





      31 Hard-of-Hearing

      816,876

      29,968


      846,844

      32 Governor’s Commission on Disabilities





      33 General Revenues





      34 General Revenues

      766,858

      (35,341)


      731,517

      1. to the Office’s unclassified service classification

      2. appropriation provided.

      1. Livable Home Modification


      2. Grant Program 985,743 118,372 1,104,115


      3. Provided that this will be used for home modification and accessibility enhancements to


      4. construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.


      5. This will be in consultation with the Executive Office of Health and Human Services. All


      6. unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the


      7. ensuing fiscal year, and made immediately available for the same purpose.


      8 Federal Funds

      378,658

      (20)

      378,638

      9 Restricted Receipts

      84,235

      (28,662)

      55,573

      10 Grand Total - Governor’s Commission on




      11 Disabilities

      2,215,494

      54,349

      2,269,843

      12 Office of the Mental Health Advocate




      13 General Revenues

      973,329

      (72,835)

      900,494

      14 Elementary and Secondary Education




      15 Administration of the Comprehensive Education

      Strategy



      16 General Revenues

      26,401,820

      (285,449)

      26,116,371


  4. Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s


  5. Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to


  6. support child opportunity zones through agreements with the Department of Elementary and


  7. Secondary Education to strengthen education, health and social services for students and their


  8. families as a strategy to accelerate student achievement.


  9. Federal Funds


  10. Federal Funds 291,417,789 44,373,422 335,791,211


  11. Provided that $684,000 from the Department’s administrative share of Individuals with


  12. Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to


  13. support the Rhode Island Vision Education and Services Program.


27 Federal Funds - State Fiscal Recovery Fund


28 Adult Education Investment Providers

2,000,000

0

2,000,000

29 Restricted Receipts




30 Restricted Receipts

2,271,670

732,204

3,003,874

31 HRIC Adult Education Grants

3,500,000

0

3,500,000

32 Total - Admin. of the Comprehensive




33 Ed. Strategy

325,591,279

44,820,177

370,411,456

34 Davies Career and Technical School





1 General Revenues

14,774,827

320,065

15,094,892

2 Federal Funds

1,872,920

1,354,632

3,227,552

3 Restricted Receipts

4,525,049

98,277

4,623,326

4 Other Funds




5 Rhode Island Capital Plan Funds




6 Davies School HVAC

1,150,000

(1,150,000)

0

7 Davies School Asset Protection

500,000

0

500,000

8 Davies School Healthcare Classroom




9 Renovations

6,500,000

(6,400,000)

100,000

10 Total - Davies Career and Technical School

29,322,796

(5,777,026)

23,545,770

11 RI School for the Deaf




12 General Revenues

7,940,337

76,645

8,016,982

13 Federal Funds

420,053

93,619

513,672

14 Restricted Receipts

605,166

13,034

618,200

15 Other Funds




16 School for the Deaf Transformation Grants

59,000

0

59,000

17 Rhode Island Capital Plan Funds




18 School for the Deaf Asset Protection

100,000

250,000

350,000

19 Total - RI School for the Deaf

9,124,556

433,298

9,557,854

20 Metropolitan Career and Technical School




21 General Revenues

9,790,163

0

9,790,163

22 Federal Funds

4,125,711

(2,200,782)

1,924,929

23 Other Funds




24 Rhode Island Capital Plan Funds




25 MET School Asset Protection

800,000

0

800,000

26 Total - Metropolitan Career and Technical




27 School

14,715,874

(2,200,782)

12,515,092

28 Education Aid




29 General Revenues

1,063,437,756

396,153

1,063,833,909

30 Provided that the criteria for the

allocation of early

childhood funds

shall prioritize


  1. prekindergarten seats and classrooms for four-year-olds whose family income is at or below one


  2. hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities


  3. with higher concentrations of low performing schools.


34 Federal Funds 200,042,202 61,546,120 261,588,322


1 Restricted Receipts

36,719,278

(1,694,753)

35,024,525

2 Other Funds




3 Permanent School Fund

300,000

0

300,000

4 Total - Education Aid

1,300,499,236

60,247,520

1,360,746,756

5 Central Falls School District




6 General Revenues

48,961,338

0

48,961,338

7 Federal Funds

20,845,329

(10,845,329)

10,000,000

8 Total - Central Falls School District

69,806,667

(10,845,329)

58,961,338

9 School Construction Aid




10 General Revenues




11 General Revenues




12 School Housing Aid

88,536,507

(3,839,206)

84,697,301

13 School Building Authority




14 Capital Fund

50,000,000

3,839,206

53,839,206

15 Total – School Construction Aid

138,536,507

0

138,536,507

16 Teachers’ Retirement




17 General Revenues

130,855,471

0

130,855,471

18 Grand Total – Elementary and




19 Secondary Education

2,018,452,386

86,677,858

2,105,130,244

20 Public Higher Education




21 Office of Postsecondary Commissioner




22 General Revenues

18,597,940

(1,342,754)

17,255,186


  1. Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to


  2. the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode


  3. Island to support its programs for children with developmental and intellectual disabilities, and


  4. $200,000 shall be allocated to the Rhode Island School for Progressive Education to support access


  5. to higher education opportunities for teachers of color. It is also provided that $7,900,543


  6. $6,567,542 shall be allocated to the Rhode Island Promise Scholarship program and $147,000 shall


  7. be used to support Rhode Island’s membership in the New England Board of Higher Education.


30 Federal Funds


31 Federal Funds

3,604,422

82,488

3,686,910

32 Guaranty Agency Administration

400,000

0

400,000

33 Guaranty Agency Operating Fund




34 - Scholarships & Grants

4,000,000

0

4,000,000


1 Restricted Receipts

4,045,406

33,320

4,078,726

2 Other Funds




3 Tuition Savings Program - Dual Enrollment

2,300,000

0

2,300,000

4 Tuition Savings Program - Scholarships and Grants

5,595,000

0

5,595,000

5 Nursing Education Center - Operating

2,891,398

(33,992)

2,857,406

6 Rhode Island Capital Plan Funds




7 Higher Education Centers

2,932,500

763,656

3,696,156


8 Provided that the state fund no more than 50.0 percent of the total project cost.


9 Total - Office of Postsecondary




10 Commissioner

44,366,666

(497,282)

43,869,384

11 University of Rhode Island




12 General Revenues




13 General Revenues

91,270,252

93,063

91,363,315


  1. Provided that in order to leverage federal funding and support economic development,


  2. $700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated


  3. to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special


  4. Olympics Rhode Island to support its mission of providing athletic opportunities for individuals


    18 with intellectual and developmental disabilities.


    19 Debt Service

    29,049,378

    253,084

    29,302,462

    20 RI State Forensics Laboratory

    1,516,015

    0

    1,516,015

    21 Other Funds




    22 University and College Funds

    707,626,466

    15,693,989

    723,320,455

    23 Debt - Dining Services

    999,983

    (3,000)

    996,983

    24 Debt - Education and General

    5,402,219

    70,000

    5,472,219

    25 Debt - Health Services

    991,794

    (1,000)

    990,794

    26 Debt - Housing Loan Funds

    12,965,597

    1

    12,965,598

    27 Debt - Memorial Union

    2,053,787

    98,848

    2,152,635

    28 Debt - Ryan Center

    2,375,073

    1

    2,375,074

    29 Debt - Parking Authority

    1,294,923

    2,501

    1,297,424

    30 URI Restricted Debt Service




    31 - Energy Conservation

    546,271

    0

    546,271

    32 URI Debt Service




    33 - Energy Conservation

    2,071,504

    0

    2,071,504

    34 Rhode Island Capital Plan Funds





    1 Asset Protection

    11,350,000

    0

    11,350,000

    2 Mechanical, Electric, and




    3 Plumbing Improvements

    4,694,533

    (4,400,000)

    294,533

    4 Fire Protection Academic Buildings

    1,706,802

    0

    1,706,802

    5 Bay Campus

    6,000,000

    (6,000,000)

    0

    6 Total - University of Rhode Island

    881,914,597

    5,807,487

    887,722,084


    1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


    2. unencumbered balances as of June 30, 2023 relating to the University of Rhode Island are hereby


    3. reappropriated to fiscal year 2024.


10 Rhode Island College


11 General Revenues

12 General Revenues

62,341,287

28,375

62,369,662

13 Debt Service

6,002,565

216,936

6,219,501

14 Other Funds




15 University and College Funds

108,584,424

(2,787,513)

105,796,911

16 Debt - Education and General

879,474

699,575

1,579,049

17 Debt - Housing

371,105

(2,026)

369,079

18 Debt - Student Center and Dining

155,000

0

155,000

19 Debt - Student Union

208,800

0

208,800

20 Debt - G.O. Debt Service

1,640,931

0

1,640,931

21 Debt - Energy Conservation

699,575

0

699,575

22 Rhode Island Capital Plan Funds




23 Asset Protection

9,618,000

885,000

10,503,000

24 Infrastructure Modernization

4,900,000

2,944,910

7,844,910

25 Total - Rhode Island College

195,401,161

1,985,257

197,386,418


26 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


27 unencumbered balances as of June


30,


2023


relating to Rhode


Island College


are hereby

28 reappropriated to fiscal year 2024.






29 Community College of Rhode Island






30 General Revenues






31 General Revenues



55,693,282

17,202

55,710,484

32 Debt Service



1,405,299

36,180

1,441,479

33 Federal Funds



1,818,835

1,478,001

3,296,836

34 Restricted Receipts



804,787

(913)

803,874


1 Other Funds


2 University and College Funds

121,625,011

(11,700,420)

109,924,591

3 Rhode Island Capital Plan Funds




4 Asset Protection

3,246,000

1,096,001

4,342,001

5 Knight Campus Renewal

2,896,182

0

2,896,182

6 Data, Cabling, and




7 Power Infrastructure

1,803,000

(1,300,000)

503,000

8 Flanagan Campus Renovations

1,982,000

(1,782,000)

200,000

9 CCRI Renovation and




10 Modernization Phase I

5,000,000

(3,000,000)

2,000,000

11 Knight Campus Lab Renovations

0

53,790

53,790

12 Total - Community College of RI

196,274,396

(15,102,159)

181,172,237


  1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  2. unencumbered balances as of June 30, 2023 relating to the Community College of Rhode Island


  3. are hereby reappropriated to fiscal year 2024.


  4. Grand Total - Public Higher Education 1,317,956,820 (7,806,697) 1,310,150,123


  5. RI State Council on the Arts


  6. General Revenues


19 Operating Support 1,033,276 (12,355) 1,020,921


20 Grants 1,165,000 0 1,165,000


21 Provided that $375,000 be provided to support the operational costs of WaterFire


22 Providence art installations.


23 Federal Funds

1,331,719

189,729

1,521,448

24 Restricted Receipts

50,000

500

50,500

25 Other Funds




26 Art for Public Facilities

585,000

0

585,000

27 Grand Total - RI State Council on the Arts

4,164,995

177,874

4,342,869

28 RI Atomic Energy Commission




29 General Revenues

1,146,763

(45,174)

1,101,589

30 Federal Funds

0

206,742

206,742

31 Restricted Receipts

25,036

0

25,036

32 Other Funds




33 URI Sponsored Research

314,597

0

314,597

34 Rhode Island Capital Plan Funds





1 Asset Protection

50,000

0

50,000

2 Grand Total - RI Atomic Energy Commission

1,536,396

161,568

1,697,964


3 RI Historical Preservation and Heritage Commission


4 General Revenues 1,572,452 (320,782) 1,251,670


5 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration


6 activities.


7 Federal Funds

1,359,283

(250,246)

1,109,037

8 Restricted Receipts

424,100

0

424,100

9 Other Funds




10 RIDOT Project Review

156,901

(49,998)

106,903

11 Grand Total - RI Historical Preservation and




12 Heritage Comm.

3,512,736

(621,026)

2,891,710

13 Attorney General




14 Criminal




15 General Revenues

20,115,052

142,945

20,257,997

16 Federal Funds

2,884,123

(34,771)

2,849,352

17 Restricted Receipts

603,772

(37,903)

565,869

18 Total - Criminal

23,602,947

70,271

23,673,218

19 Civil




20 General Revenues

6,778,199

71,791

6,849,990

21 Restricted Receipts

1,431,698

32,438

1,464,136

22 Total - Civil

8,209,897

104,229

8,314,126

23 Bureau of Criminal Identification




24 General Revenues

2,042,239

40,259

2,082,498

25 Federal Funds

0

238,000

238,000

26 Restricted Receipts

1,187,466

71,392

1,258,858

27 Total - Bureau of Criminal Identification

3,229,705

349,651

3,579,356

28 General




29 General Revenues

4,570,478

(30,475)

4,540,003

30 Other Funds




31 Rhode Island Capital Plan Funds




32 Building Renovations and Repairs

1,890,000

153,196

2,043,196

33 Total - General

6,460,478

122,721

6,583,199

34 Grand Total - Attorney General

41,503,027

646,872

42,149,899


1 Corrections


2 Central Management

3 General Revenues

20,060,213

2,381,334

22,441,547

4 Parole Board




5 General Revenues

1,438,337

(77,296)

1,361,041

6 Custody and Security




7 General Revenues

141,448,395

23,778,105

165,226,500

8 Federal Funds

1,149,582

264,791

1,414,373

9 Total - Custody and Security

142,597,977

24,042,896

166,640,873

10 Institutional Support




11 General Revenues

23,108,898

8,257,141

31,366,039

12 Other Funds




13 Rhode Island Capital Plan Funds




14 Asset Protection

5,125,000

3,340,791

8,465,791

15 Correctional Facilities - Renovations

250,000

614,089

864,089

16 Total - Institutional Support

28,483,898

12,212,021

40,695,919

17 Institutional Based Rehab/Population Management




18 General Revenues

11,773,097

648,992

12,422,089

19 Provided that $1,050,000 be allocated to

Crossroads

Rhode Island for

sex offender

20 discharge planning.





  1. The director of the department of corrections shall provide to the speaker of the house and


  2. president of the senate at least every ninety (90) days beginning September 1, 2022, a report on


  3. efforts to modernize the correctional industries program. The report shall, at minimum, provide


  4. data on the past ninety (90) days regarding program participation, changes made in programming


  5. to more closely align with industry needs, new or terminated partnerships with employers,


  6. nonprofits, and advocacy groups, current program expenses and revenues, and the employment


  7. status of all persons on the day of discharge from department care who participated in the


  8. correctional industries program.


29 Federal Funds

625,118

224,752

849,870

30 Restricted Receipts

64,600

0

64,600

  1. Total - Institutional Based


  2. Rehab/Population Mgt.


12,462,815


873,744


13,336,559

  1. Healthcare Services


  2. General Revenues


28,149,588


3,560,414


31,710,002


1 Restricted Receipts

2,868,614

0

2,868,614

2 Total - Healthcare Services

31,018,202

3,560,414

34,578,616

3 Community Corrections




4 General Revenues

19,872,087

845,177

20,717,264

5 Federal Funds

369,417

40,654

410,071

6 Restricted Receipts

11,107

8,604

19,711

7 Total - Community Corrections

20,252,611

894,435

21,147,046

8 Grand Total - Corrections

256,314,053

43,887,548

300,201,601

9 Judiciary




10 Supreme Court




11 General Revenues




12 General Revenues

32,346,588

1,438,164

33,784,752


  1. Provided however, that no more than $1,302,057 in combined total shall be offset to the


  2. Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the


  3. Department of Children, Youth and Families, and the Department of Public Safety for square-


  4. footage occupancy costs in public courthouses and further provided that $230,000 be allocated to


  5. the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy


  6. project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to


  7. Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.


20 Defense of Indigents

5,075,432

0

5,075,432

21 Federal Funds

338,402

249,538

587,940

22 Restricted Receipts

4,051,045

766,892

4,817,937

23 Other Funds




24 Rhode Island Capital Plan Funds




25 Garrahy Courtroom Restoration

750,000

866

750,866

26 Judicial Complexes - HVAC

1,000,000

195,532

1,195,532

27 Judicial Complexes Asset Protection

1,500,000

90,235

1,590,235

28 Judicial Complexes Fan Coil Unit




29 Replacements

750,000

0

750,000

30 Licht Judicial Complex Restoration

750,000

612

750,612

31 McGrath Judicial Complex

225,000

0

225,000

32 Total - Supreme Court

46,786,467

2,741,839

49,528,306

33 Judicial Tenure and Discipline




34 General Revenues

169,767

1,645

171,412


1 Superior Court




2 General Revenues

26,708,059

(177,584)

26,530,475

3 Federal Funds

236,617

(182,253)

54,364

4 Restricted Receipts

665,000

0

665,000

5 Total - Superior Court

27,609,676

(359,837)

27,249,839

6 Family Court




7 General Revenues

25,436,666

(557,653)

24,879,013

8 Federal Funds

3,984,190

(220,400)

3,763,790

9 Total - Family Court

29,420,856

(778,053)

28,642,803

10 District Court




11 General Revenues

16,059,965

(267,429)

15,792,536

12 Federal Funds

586,167

406,497

992,664

13 Restricted Receipts

60,000

0

60,000

14 Total - District Court

16,706,132

139,068

16,845,200

15 Traffic Tribunal




16 General Revenues

10,728,771

(446,148)

10,282,623

17 Workers' Compensation Court




18 Restricted Receipts

10,020,945

(504,964)

9,515,981

19 Grand Total - Judiciary

141,442,614

793,550

142,236,164

20 Military Staff




21 General Revenues

3,365,511

(93,824)

3,271,687

22 Federal Funds

34,311,530

5,283,608

39,595,138

23 Restricted Receipts




24 RI Military Family Relief Fund

55,000

0

55,000

25 Other Funds




26 Rhode Island Capital Plan Funds




27 Aviation Readiness Center

138,272

(138,272)

0

28 AMC Roof

366,500

0

366,500

29 Asset Protection

1,290,000

0

1,290,000

30 Quonset Airport Runway




31 Reconstruction

275,000

0

275,000

32 Sun Valley Armory

788,161

(788,161)

0

33 Grand Total - Military Staff

40,589,974

4,263,351

44,853,325

34 Public Safety




1 Central Management


2 General Revenues 16,437,445 (13,741,282) 2,696,163


  1. Provided that $15,000,000 $1,500,000 shall be allocated as the state contribution for the


  2. Statewide Body-worn Camera Program, subject to all program and reporting rules, regulations,


  3. policies, and guidelines prescribed in the Rhode Island General Laws. No money appropriated shall


  4. be distributed for Rhode Island police department body-worn camera expenses prior to the


  5. promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the


  6. general laws, all unexpended or unencumbered balances as of June 30, 2023, from this


  7. appropriation are hereby reappropriated to fiscal year 2024.


10 Federal Funds

10,840,576

4,553,338

15,393,914

11 Federal Funds - State Fiscal Recovery Fund




12 Support for Survivors of Domestic Violence

3,500,000

0

3,500,000

13 Restricted Receipts

186,121

(627)

185,494

14 Total - Central Management

30,964,142

(9,188,571)

21,775,571

15 E-911 Emergency Telephone System




16 Restricted Receipts

8,468,710

340,870

8,809,580

17 Security Services




18 General Revenues

29,858,676

(2,819,565)

27,039,111

19 Municipal Police Training Academy




20 General Revenues

281,456

(2,890)

278,566

21 Federal Funds

608,963

(50,438)

558,525

22 Total - Municipal Police Training Academy

890,419

(53,328)

837,091

23 State Police




24 General Revenues

89,727,365

(560,798)

89,166,567

25 Federal Funds

6,413,954

3,815,664

10,229,618

26 Restricted Receipts

935,739

178,204

1,113,943

27 Other Funds




28 Airport Corporation Assistance

168,211

(18,180)

150,031

29 Road Construction Reimbursement

2,871,108

483,542

3,354,650

30 Weight and Measurement Reimbursement

437,860

72,232

510,092

31 Rhode Island Capital Plan Funds




32 DPS Asset Protection

1,000,000

693,033

1,693,033

33 Portsmouth Barracks

1,650,000

(1,650,000)

0

34 Southern Barracks

13,000,000

(3,548,542)

9,451,458


1 Training Academy Upgrades

1,386,380

42,728

1,429,108

2 Statewide Communications




3 System Network

230,929

0

230,929

4 Headquarters Roof Replacement

0

384,836

384,836

5 Total - State Police

117,821,546

(107,281)

117,714,265

6 Grand Total - Public Safety

188,003,493

(11,827,875)

176,175,618

7 Office of Public Defender




8 General Revenues

14,708,807

(409,604)

14,299,203

9 Federal Funds

65,665

30,000

95,665

10 Grand Total - Office of Public Defender

14,774,472

(379,604)

14,394,868

11 Emergency Management Agency




12 General Revenues

4,308,154

1,129,365

5,437,519

13 Federal Funds

29,462,797

10,224,933

39,687,730

14 Restricted Receipts

457,420

(60,550)

396,870

15 Other Funds




16 Rhode Island Capital Plan Funds




17 RI Statewide Communications




18 Network

1,494,400

0

1,494,400

19 Emergency Management Building

0

250,000

250,000

20 State Emergency Ops Center

524,657

0

524,657

21 RI Statewide Communications




22 Infrastructure

1,134,400

0

1,134,400

23 Grand Total - Emergency




24 Management Agency

37,381,828

11,543,748

48,925,576

25 Environmental Management




26 Office of the Director




27 General Revenues

8,957,872

28,622,773

37,580,645


  1. Of this general revenue amount, $50,000 is appropriated to the Conservation Districts and


  2. $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a


  3. veterinarian at the Wildlife Clinic of Rhode Island. Provided further that of this general revenue


  4. amount, $28,500,000 is to be used to support the state match for the Clean Water State Revolving


  5. Fund and Drinking Water State Revolving Fund through the Rhode Island Infrastructure Bank and


  6. that the Infrastructure Bank provide acceptable documentation to the Office of Management and


  7. Budget showing the need for the funding to be used as state match.


1 Federal Funds

65,100

115,000

180,100

2 Restricted Receipts

4,126,794

(98,541)

4,028,253

3 Total - Office of the Director

13,149,766

28,639,232

41,788,998

4 Natural Resources




5 General Revenues

29,057,514

486,679

29,544,193

6 Federal Funds

23,181,039

(780,658)

22,400,381

7 Restricted Receipts

5,699,215

140,819

5,840,034

8 Other Funds




9 DOT Recreational Projects

762,000

0

762,000

10 Blackstone Bike Path Design

1,000,000

0

1,000,000

11 Rhode Island Capital Plan Funds




12 Blackstone Park Improvements

244,191

797,798

1,041,989

13 Dam Repair

824,238

(309,735)

514,503

14 Fort Adams Rehabilitation

300,000

338,409

638,409

15 Port of Galilee

9,348,461

(2,639,461)

6,709,000

16 Recreation Facility Asset Protection

500,000

499,784

999,784

17 Recreational Facilities Improvement

3,400,000

(513,885)

2,886,115

18 Natural Resources Office and Visitor's Center

250,000

0

250,000

19 Fish & Wildlife Maintenance Facilities

100,000

0

100,000

20 Newport Pier Upgrades

0

258,820

258,820

21 Total - Natural Resources

74,666,658

(1,721,430)

72,945,228

22 Environmental Protection




23 General Revenues

15,081,859

517,815

15,599,674

24 Federal Funds

11,503,721

403,364

11,907,085

25 Restricted Receipts

7,569,654

207,801

7,777,455

26 Other Funds




27 Transportation MOU

30,986

12,478

43,464

28 Total - Environmental Protection

34,186,220

1,141,458

35,327,678

29 Grand Total - Environmental Management

122,002,644

28,059,260

150,061,904

30 Coastal Resources Management Council




31 General Revenues

3,327,275

(454,878)

2,872,397

32 Federal Funds

1,980,304

884,305

2,864,609

33 Restricted Receipts

250,000

0

250,000

34 Other Funds





1 Rhode Island Capital Plan Funds




2 South Coast Restoration Project

1,900,000

0

1,900,000

3 Pawcatuck Resiliency

50,000

0

50,000

4 Little Narragansett Bay

50,000

0

50,000

5 Grand Total - Coastal Resources Mgmt. Council

7,557,579

429,427

7,987,006

6 Transportation




7 Central Management




8 Federal Funds

16,577,046

(1,674,881)

14,902,165

9 Other Funds




10 Gasoline Tax

9,118,769

(1,085,831)

8,032,938

11 Total - Central Management

25,695,815

(2,760,712)

22,935,103

12 Management and Budget




13 Other Funds




14 Gasoline Tax

3,761,946

270,947

4,032,893

15 Infrastructure Engineering




16 Federal Funds




17 Federal Funds

415,019,330

4,267,760

419,287,090

18 Federal Funds – State Fiscal Recovery Fund




19 RI Turnpike and Bridge Authority




20 – Safety Barriers Study

1,000,000

0

1,000,000

21 RI Public Transit Authority




22 – R-Line Free Service Pilot

2,500,000

0

2,500,000

23 Restricted Receipts

5,949,070

215,461

6,164,531

24 Other Funds




25 Gasoline Tax

74,241,610

(4,135,979)

70,105,631


  1. Of this amount, $75,000 is appropriated for the Rhode Island Public Transit Authority to


  2. study current operations and paratransit bus services and to design of a statewide program that


  3. addresses the transportation needs of seniors and individuals whose disability prevents independent


  4. use of the fixed route system and who do not fall within the three quarter of a mile of a fixed route


  5. as required by ADA paratransit services. This study must include input from riders with disabilities,


  6. seniors, and the Human Services Transportation Coordinating Council, as established in 39-18.1-


  7. 5(e). On or before January 1, 2023, the Rhode Island Public Transit Authority must submit a report


  8. to the speaker of the house and the president of the senate summarizing the study and design of a


  9. statewide program, including cost estimates for the implementation and ongoing service that

  1. address the transportation needs of seniors and individuals with disabilities.


    2 Toll Revenue

    33,614,329

    (20,114,329)

    13,500,000

    3 Land Sale Revenue

    9,260,141

    223,422

    9,483,563

    4 Rhode Island Capital Plan Funds




    5 Highway Improvement Program

    55,645,000

    30,000,000

    85,645,000

    6 Bike Path Asset Protection

    400,000

    0

    400,000

    7 RIPTA - Land and Buildings

    12,889,628

    (11,553,821)

    1,335,807

    8 RIPTA – Warwick Bus Hub

    0

    260,000

    260,000

    9 RIPTA - URI Mobility Hub

    250,000

    350,000

    600,000

    10 RIPTA – Pawtucket/Central Falls




    11 Bus Hub Passenger Facility

    4,000,000

    (4,000,000)

    0

    12 RIPTA – Pawtucket Bus Hub & Transit Corridor

    0

    900,817

    900,817

    13 RIPTA - Providence High-Capacity




    14 Transit Corridor Study

    225,000

    0

    225,000

    15 Total - Infrastructure Engineering

    614,994,108

    (3,586,669)

    611,407,439

    16 Infrastructure Maintenance




    17 Federal Funds

    21,456,198

    8,679,948

    30,136,146

    18 Other Funds




    19 Gasoline Tax

    23,708,688

    (3,782,489)

    19,926,199

    20 Rhode Island Highway




    21 Maintenance Account

    102,647,711

    76,057,725

    178,705,436

    22 Rhode Island Capital Plan Funds




    23 Maintenance Capital Equipment




    24 Replacement

    1,500,000

    1,499,462

    2,999,462

    25 Maintenance Facilities Improvements

    500,000

    830,244

    1,330,244

    26 Welcome Center

    200,000

    0

    200,000

    27 Salt Storage Facilities

    1,900,000

    0

    1,900,000

    28 Train Station Asset Protection

    350,000

    349,415

    699,415

    29 Total - Infrastructure Maintenance

    152,262,597

    83,634,305

    235,896,902

    30 Grand Total - Transportation

    796,714,466

    77,557,871

    874,272,337

    31 Statewide Totals




    32 General Revenues

    5,042,159,928

    132,048,606

    5,174,208,534

    33 Federal Funds

    5,708,365,308

    117,237,046

    5,825,602,354

    34 Restricted Receipts

    453,536,893

    22,404,817

    475,941,710

    1 Other Funds 2,398,392,497 (19,545,290) 2,378,847,207


  2. Statewide Grand Total 13,602,454,626 252,145,179 13,854,599,805


  3. SECTION 2. Each line appearing in Section 1 of this Article shall constitute an


  4. appropriation.


  5. SECTION 3. The general assembly authorizes the state controller to establish the internal


  6. service accounts shown below, and no other, to finance and account for the operations of state


  7. agencies that provide services to other agencies, institutions and other governmental units on a cost


  8. reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in


  9. a businesslike manner, promote efficient use of services by making agencies pay the full costs


  10. associated with providing the services, and allocate the costs of central administrative services


  11. across all fund types, so that federal and other non-general fund programs share in the costs of


  12. general government support. The controller is authorized to reimburse these accounts for the cost


  13. of work or services performed for any other department or agency subject to the following


  14. expenditure limitations:


15

Account


Expenditure Limit


16


FY2023

FY2023

FY2023

17


Enacted

Change

FINAL

18

State Assessed Fringe Benefit Internal Service




19

Fund

37,370,321

14,390

37,384,711

20

Administration Central Utilities Internal Service




21

Fund

27,355,205

8,024,140

35,379,345

22

State Central Mail Internal Service Fund

7,303,550

436,229

7,739,779

23

State Telecommunications Internal Service Fund

3,513,931

(54,112)

3,459,819

24

State Automotive Fleet Internal Service Fund

12,869,107

17,379

12,886,486

25

Surplus Property Internal Service Fund

3,000

41,789

44,789

26

Health Insurance Internal Service Fund

272,697,174

(54,556)

272,642,618

27

Other Post-Employment Benefits Fund

63,858,483

0

63,858,483

28

Capitol Police Internal Service Fund

1,380,836

(18,487)

1,362,349

29

Corrections Central Distribution Center Internal




30

Service Fund

7,524,912

(7,986)

7,516,926

31

Correctional Industries Internal Service Fund

8,472,206

(102,602)

8,369,604

32

Secretary of State Record Center Internal Service




33

Fund

1,143,730

13,013

1,156,743

34

Human Resources Internal Service Fund

15,991,654

13,440

16,005,094


1 DCAMM Facilities Internal Service Fund

47,011,910

7,855,089

54,866,999

2 Information Technology Internal Service Fund

50,789,409

(41,002)

50,748,407


  1. SECTION 4. Departments and agencies listed below may not exceed the number of full-


  2. time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do


  3. not include limited period positions or, seasonal or intermittent positions whose scheduled period


  4. of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not


  5. exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor


  6. do they include individuals engaged in training, the completion of which is a prerequisite of


  7. employment. Provided, however, that the Governor or designee, Speaker of the House of


  8. Representatives or designee, and the President of the Senate or designee may authorize an


  9. adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a


  10. detailed written recommendation to the Governor, the Speaker of the House, and the President of


  11. the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the


  12. chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,


  13. and the Senate Fiscal Advisor.


  14. State employees whose funding is from non-state general revenue funds that are time


  15. limited shall receive limited term appointment with the term limited to the availability of non-state


  16. general revenue funding source.


  17. FY 2023 FTE POSITION AUTHORIZATION


  18. Departments and Agencies Full-Time Equivalent


  19. Administration 662.7

  20. Provided that no more than 429.5 of the total authorization would be limited to positions

  21. that support internal service fund programs.


24 Business Regulation

181.0

25 Executive Office of Commerce

20.0

26 Labor and Training

461.7

27 Revenue

575.5

28 Legislature

298.5

29 Office of the Lieutenant Governor

8.0

30 Office of the Secretary of State

59.0

31 Office of the General Treasurer

89.0

32 Board of Elections

13.0

33 Rhode Island Ethics Commission

12.0

34 Office of the Governor

45.0

  1. Commission for Human Rights 15.0


  2. Public Utilities Commission 54.0


  3. Office of Health and Human Services 204.0


  4. Children, Youth and Families 702.5

  5. Health 535.4 543.4

  6. Human Services 773.0

  7. Office of Veterans Services 263.0

  8. Office of Healthy Aging 31.0

  9. Behavioral Healthcare, Developmental Disabilities and Hospitals 1,200.4

  10. Office of the Child Advocate 10.0

  11. Commission on the Deaf and Hard of Hearing 4.0

  12. Governor’s Commission on Disabilities 5.0

  13. Office of the Mental Health Advocate 6.0

  14. Elementary and Secondary Education 143.1

  15. School for the Deaf 60.0

  16. Davies Career and Technical School 123.0

  17. Office of Postsecondary Commissioner 34.0

  18. Provided that 1.0 of the total authorization would be available only for positions that are

  19. supported by third-party funds, 11.0 would be available only for positions at the State’s Higher

  20. Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for

  21. positions at the Nursing Education Center.

  22. University of Rhode Island 2,555.0

  23. Provided that 357.8 of the total authorization would be available only for positions that are

  24. supported by third-party funds.

  25. Rhode Island College 949.2

  26. Provided that 76.0 of the total authorization would be available only for positions that are

  27. supported by third-party funds.

  28. Community College of Rhode Island 849.1

  29. Provided that 89.0 of the total authorization would be available only for positions that are

  30. supported by third-party funds.

  31. Rhode Island State Council on the Arts 9.6

  32. RI Atomic Energy Commission 8.6

  33. Historical Preservation and Heritage Commission 15.6

  34. Office of the Attorney General 249.1

  1. Corrections 1,427.0

  2. Judicial 739.3

  3. Military Staff 93.0

  4. Emergency Management Agency 35.0

  5. Public Safety 632.2

  6. Office of the Public Defender 100.0

  7. Environmental Management 417.0

  8. Coastal Resources Management Council 32.0

  9. Transportation 755.0

  10. Total 15,455.5 15,463.5

  11. No agency or department may employ contracted employee services where contract

  12. employees would work under state employee supervisors without determination of need by the

  13. Director of Administration acting upon positive recommendations by the Budget Officer and the

  14. Personnel Administrator and 15 days after a public hearing.

  15. Nor may any agency or department contract for services replacing work done by state

  16. employees at that time without determination of need by the Director of Administration acting upon

  17. the positive recommendations of the State Budget Officer and the Personnel Administrator and 30

  18. days after a public hearing.

  19. SECTION 5. The appropriations from federal funds contained in Section 1 shall not be

  20. construed to mean any federal funds or assistance appropriated, authorized, allocated or

  21. apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects

  22. Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2023

  23. except for those instances specifically designated.

  24. The following amounts are hereby appropriated out of any money available in the State

  25. Fiscal Recovery Fund and Capital Projects Fund for the fiscal years ending June 30, 2024, June 30,

  26. 2025, June 30, 2026, and June 30, 2027.

  27. For the purposes and functions hereinafter mentioned, the State Controller is hereby

  28. authorized and directed to draw his or her orders upon the General Treasurer for payment of such

  29. sums and such portions thereof as may be required by him or her upon receipt of properly


30 authenticated vouchers.


31 State Fiscal Recovery Fund - Federal Funds

32 Project

33 DOA - Administration

1,621,728

1,621,728

1,621,728

125,449

34 DOA - Electric Heat Pump Grant Program

10,000,000

10,000,000

0

0


1 DOA - Ongoing COVID-19 Response

75,052,439

38,819,129

0

0

2 DLT - Enhanced Real Jobs

10,000,000

10,000,000

0

0

3 EOC - Minority Business Accelerator

4,000,000

0

0

0

4 EOC - Destination Marketing

1,500,000

0

0

0

5 EOC - Blue Economy Investments

40,000,000

20,000,000

0

0

6 EOC - Bioscience Investments

15,000,000

9,000,000

1,000,000

0

7 EOC - South Quay Marine Terminal

23,000,000

0

0

0

8 RIH - Development of Affordable Housing

30,000,000

25,000,000

0

0

9 RIH - Site Acquisition

5,000,000

5,000,000

0

0

10 RIH - Down Payment Assistance

10,000,000

10,000,000

0

0

11 RIH - Workforce Housing

8,000,000

0

0

0

12 RIH - Affordable Housing





13 Predevelopment Program

2,500,000

2,500,000

2,500,000

0

14 RIH - Home Repair and Community





15 Revitalization

10,000,000

0

0

0


16 OHCD - Predevelopment and CapacityBuilding 500,000


0


0


0

17 OHCD - Homelessness Assistance Program 7,000,000

6,000,000

0

0

18 QDC - Port of Davisville 19,360,000

27,000,000

7,640,000

0

19 DCYF - Foster Home Lead Abatement &




20 Fire Safety 375,000

0

0

0

21 DHS - Childcare Support 1,217,000

500,000

0

0

22 BHDDH - Crisis Intervention Trainings 550,000

550,000

550,000

0

23 ELSEC - Adult Education 1,500,000

1,500,000

0

0

24 DPS - Support for Survivors of Domestic




25 Violence 3,500,000

3,500,000

0

0

26 Capital Projects Fund - Federal Funds Project




27 DOA - CPF Administration 2,807,250

2,442,616

0

0

28 DOA - Municipal and Higher Ed




29 Matching Grant Program 23,360,095

0

0

0

30 DOA - RIC Student Services Center 15,000,000

15,000,000

0

0

31 EOC - Broadband 5,160,500

4,413,000

0

0


  1. The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be


  2. made in support of the following projects:


  3. Federal Funds - State Fiscal Recovery Fund

  1. Department of Administration (DOA)


  2. DOA - Aid to the Convention Center. These funds shall provide operating support to the


  3. Rhode Island convention center authority.


  4. DOA - Electric Heat Pump Grant Program. These funds shall support a grant program


  5. within the office of energy resources to assist homeowners and small-to-mid-size business owners


  6. with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on


  7. families in environmental justice communities, minority-owned businesses, and community


  8. organizations who otherwise cannot afford this technology. The office of energy resources shall


  9. report to the Speaker of the House and Senate President no later than April 1 of each year the results


  10. of this program, including but not limited to, the number of grants issued, amount of each grant and


  11. the average grant amount, and the expected cumulative carbon emissions reductions associated


  12. with heat pumps that received a grant.


  13. DOA - Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic


  14. Recovery Office established within the Department of Administration.


  15. DOA - Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-


  16. 19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,


  17. to be administered by the director of administration, in consultation with the director of health and


  18. the secretary of health and human services.


  19. DOA - Health Care Facilities. These funds shall address the ongoing staffing needs of


  20. hospitals, nursing facilities and community health centers related to the COVID-19 public health


  21. emergency totaling $77.5 million. This includes $45.0 million that shall be allocated to hospitals,


  22. or systems if hospitals are members of one, to include a base payment equivalent to $1.0 million


  23. per hospital with the remaining based on a hospital’s pro rata share of operating expenses from the


  24. 2021 cost reports and $30.0 million for distribution to nursing facilities based on the number of


  25. Medicaid beds days from the 2020 facility cost reports, provided at least 80 percent is dedicated to


  26. direct care workers. There is $2.5 million to be distributed to the community health centers through


  27. the Rhode Island Health Center Association to support direct care staffing needs.


  28. DOA - Public Health Response Warehouse Support. These funds shall be allocated to the


  29. proper of PPE and other necessary COVID-19 response related supplies.


  30. DOA - Nonprofit Assistance. These funds shall be allocated to the Rhode Island


  31. Foundation to distribute to nonprofit organizations to address needs that have been exacerbated by


  32. COVID-19, including housing and food insecurity, and behavioral health issues, among others.


  33. DOA - Auto-Enrollment Program. These funds shall support a program for automatically


  34. enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19

  1. public health emergency into qualified health plans to avoid gaps in coverage, administered by


  2. HealthSource RI.


  3. Department of Labor and Training (DLT)


  4. DLT - Unemployment Insurance Trust Fund Contribution. The director of labor and


  5. training shall allocate these appropriations to the employment security fund prior to determining


  6. the experience rate for each eligible employer for calendar year 2023.


  7. DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program


  8. in the development of job partnerships, connecting industry employers adversely impacted by the


  9. pandemic to individuals enrolled in workforce training programs.


  10. Executive Office of Commerce (EOC)


  11. EOC - Destination Marketing. These funds shall be used for destination tourism marketing


  12. in support of airline routes to Rhode Island T.F. Green International Airport. The Commerce


  13. Corporation is required to supply equivalent matching funds out of its portion of the state hotel tax.


  14. EOC - Statewide Broadband Planning and Mapping. These funds shall be allocated to


  15. develop a statewide broadband strategic plan to provide broadband access to unserved and


  16. underserved households and businesses, to support a state broadband director at the Commerce


  17. Corporation, and to conduct mapping in support of future state broadband investment.


  18. EOC - Minority Business Accelerator. These funds shall support a program to invest


  19. additional resources to enhance the growth of minority business enterprises as defined in chapter


  20. 14.1 of title 37. The initiative will support a range of assistance and programming, including


  21. financial and technical assistance, entrepreneurship training, space for programming and co-


  22. working, and assistance accessing low-interest loans. Commerce shall work with minority small


  23. business associations, including the Rhode Island Black Business Association (RIBBA), to advance


  24. this program. Of the amount allocated for FY 2023, five hundred thousand dollars ($500,000) shall


  25. support the Rhode Island Black Business Association and three hundred thousand dollars


  26. ($300,000) shall support the Roger Williams University Business Start-Up Clinic.


  27. EOC - Blue Economy Investments. These funds shall support a program to invest in the


  28. state’s blue economy industries consistent with the University of Rhode Island Research


  29. Foundation’s Blue Economy Technology Cluster grant application. These funds shall only be


  30. allocated and spent after a commitment of at least thirty five million dollars ($35,000,000) in federal


  31. matching funds is secured from the economic development administration for Rhode Island. Funds


  32. shall be used for purposes and amounts specified in the grant approval.


  33. EOC - Bioscience Investments. These funds shall support a program to invest in the state’s


  34. life science industries consistent with Northeastern University’s BioConnects New England grant

  1. application. These funds shall only be allocated and spent after a commitment of at least fifteen


  2. million dollars ($15,000,000) in federal matching funds is secured from the economic development


  3. administration for Rhode Island. Funds shall be used for purposes and amounts specified in the


  4. grant approval.


  5. EOC - South Quay Marine Terminal. These funds shall support the development of an


  6. integrated and centralized hub of intermodal shipping designed to support the offshore wind


  7. industry along memorial parkway in the East Providence waterfront special development district.


  8. Funds may be used for design and development of the waterfront portion of the terminal into a


  9. marine-industrial facility.


  10. EOC - Small Business Assistance. These funds shall be allocated to a program of financial


  11. and technical assistance to small businesses and COVID-impacted industries as follows: twelve


  12. million five hundred thousand dollars ($12,500,000) shall be provided as direct payments to


  13. businesses for lost revenue, eighteen million dollars ($18,000,000) shall support technical


  14. assistance for long-term business capacity building, support public health upgrades, energy


  15. efficiency improvements, and outdoor programming, and one million five hundred thousand dollars


  16. ($1,500,000) shall be allocated to support administration of these programs. To be eligible to


  17. receive funds or support under this program a business must have less than two million dollars


  18. ($2,000,000) in annual gross revenues and demonstrate a negative impact from the COVID-19


  19. pandemic as determined by the Rhode Island Commerce Corporation. Under this program, total


  20. support in the form of direct payments or technical assistance grants shall not exceed ten thousand


  21. dollars ($10,000) per eligible business through either program. Total support in the form of direct


  22. payments, technical assistance, and grants for public health upgrades, energy efficiency and


  23. outdoor programming shall not exceed thirty thousand dollars ($30,000) in the aggregate. Provided


  24. further that at least twenty percent (20%) of all funds must be reserved for awards to assist minority


  25. business enterprises as defined in chapter 14.1 of title 37.


  26. EOC - Assistance to Impacted Industries. These funds shall be allocated to a program of


  27. assistance to the tourism, hospitality, and events industries as follows: eight million dollars


  28. ($8,000,000) shall be provided as direct payments to businesses for lost revenue, three million


  29. dollars ($3,000,000) shall support outdoor and public space capital improvements and event


  30. programming, and two million dollars ($2,000,000) shall support tourism marketing in


  31. coordination with state tourism regions and the Airport Corporation. A business is eligible to


  32. receive funds or support under this program if it can demonstrate a negative impact from the


  33. COVID-19 pandemic as determined by the Rhode Island Commerce Corporation.


  34. Rhode Island Housing (RIH)

  1. RIH - Development of Affordable Housing. These funds shall expand a program at the


  2. Rhode Island housing and mortgage finance corporation to provide additional investments in the


  3. development of affordable housing units in conjunction with general obligation bond funds and


  4. other sources of available financing according to guidelines approved by the Coordinating


  5. Committee of the Housing Resources Commission. Of this amount, ten million ($10,000,000) shall


  6. be available to Rhode Island housing and mortgage finance corporation to establish a pilot program,


  7. which may take the form include the establishment of a revolving fund, that shall direct funds to


  8. support low income public housing through project-based rental assistance vouchers and financing


  9. for pre-development, improvement, and housing production costs. Within eighteen (18) months,


  10. any money available for the pilot that is not yet allocated to viable projects, or which has been


  11. awarded to public housing authorities which are unable to demonstrate substantial completion of


  12. all work within eighteen (18) months of receipt of any such funds, shall be returned to this program


  13. and no longer be included in the pilot. Determination of viability and substantial completion under


  14. the pilot shall be at the sole discretion of the deputy secretary of commerce for housing secretary


  15. of housing.


  16. RIH - Site Acquisition. These funds shall be allocated to the Rhode Island housing and


  17. mortgage finance corporation toward the acquisition of properties for redevelopment as affordable


  18. and supportive housing to finance projects that include requirements for deed restrictions not less


  19. than thirty (30) years, and a non-recourse structure.


  20. RIH - Down Payment Assistance. Administered by the Rhode Island housing and mortgage


  21. finance corporation, these funds shall be allocated to a program to provide $17,500 up to $20,000


  22. in down payment assistance to eligible first-time home buyers to promote homeownership.


  23. RIH - Workforce Housing. These funds shall be allocated to the Rhode Island housing and


  24. mortgage finance corporation to support a program to increase the housing supply for families


  25. earning up to 120 percent of area median income.


  26. RIH - Affordable Housing Predevelopment Program. These funds shall be allocated to the


  27. Rhode Island housing mortgage finance corporation to support predevelopment work, for proposed


  28. affordable housing developments to build a pipeline of new projects and build the capacity of


  29. affordable housing developers in the state to expand affordable housing production.


  30. RIH - Home Repair and Community Revitalization. These funds shall expand the


  31. acquisition and revitalization program administered by the Rhode Island housing and mortgage


  32. finance corporation to finance the acquisition and redevelopment of blighted properties to increase


  33. the number of commercial and community spaces in disproportionately impacted communities and


  34. or to increase the development of affordable housing. Residential development will serve

  1. households earning no more than 80 percent of area median income. Commercial and community


  2. spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the


  3. residents are low-and moderate-income persons. The program will also Of this amount, four million


  4. five hundred thousand dollars ($4,500,000) will support critical home repairs within the same


  5. communities.


  6. Office of Housing and Community Development (OHCD)


  7. OHCD - Predevelopment and Capacity Building. These funds shall support a program to


  8. increase contract staffing capacity to administer proposed affordable housing projects. These funds


  9. will support research and data analysis, stakeholder engagement, and the expansion of services for


  10. people experiencing homelessness.


  11. OHCD - Homelessness Assistance Program. These funds shall support a program to


  12. expand housing navigation, behavioral health, and stabilization services to address pandemic-


  13. related homelessness. The program will support both operating subsidies for extremely low-income


  14. housing units and services for people transitioning from homelessness to housing, including


  15. individuals transitioning out of the adult correctional institutions.


  16. OHCD - Homelessness Infrastructure. These funds shall be used to support a program to


  17. respond to pandemic-related and prevent homelessness, including but not limited to, acquisition or


  18. construction of temporary or permanent shelter and other housing solutions and stabilization


  19. programs, of which ten million ($10,000,000) shall support Crossroads Rhode Island sponsored


  20. housing development-based and/or housing- based solutions, wrap-around services and


  21. administrative costs of implementation.


  22. OHCD - Statewide Housing Plan. These funds shall be allocated to the development of a


  23. statewide comprehensive housing plan to assess current and future housing needs, consider barriers


  24. to home ownership and affordability, and identify services needed for increased investments toward


  25. disproportionately impacted individuals and communities. These funds shall be used to support


  26. municipal planning efforts to identify and cultivate viable sites and housing projects.


  27. Quonset Development Corporation (QDC)


  28. QDC - Port of Davisville. These funds shall be allocated to expand a program developing


  29. port infrastructure and services at the Port of Davisville in Quonset in accordance with the


  30. corporation’s master plan.


  31. Executive Office of Health and Human Services (EOHHS)


  32. EOHHS - Pediatric Recovery. These funds shall support a program to provide relief to


  33. pediatric providers in response to the decline in visitation and enrollment caused by the public


  34. health emergency and incentivize providers to increase developmental and psychosocial behavioral

  1. screenings.


  2. EOHHS - Early Intervention Recovery. These funds shall support a program to provide


  3. relief to early intervention providers in response to a decline in enrollment for early intervention,


  4. family home visiting and screening programs. This program will also provide performance bonuses


  5. for providers who hit certain targets, such as recovering referral numbers and achieving reduced


  6. staff turnover.


  7. EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a


  8. program to support certified community behavioral health clinics to bolster behavioral health


  9. supports, medical screening and monitoring, and social services to particularly vulnerable


  10. populations in response to a rise in mental health needs during the public health emergency.


  11. EOHHS - Butler Hospital Short Term Stay Unit. These funds shall be allocated to support


  12. construction of a 25-bed short stay unit at Butler Hospital to provide behavioral health care services,


  13. crisis intervention and other related services.


  14. Department of Children, Youth and Families (DCYF)


  15. DCYF - Provider Workforce Stabilization. These funds shall be allocated to support


  16. workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care


  17. and supporting care staff of contracted service providers.


  18. DCYF - Psychiatric Treatment Facility. These funds shall be allocated to expand existing


  19. provider Psychiatric Residential Treatment Facility capacity to provide intensive residential


  20. treatment options for adolescent girls and young women who face severe and complex behavioral


  21. health challenges.


  22. DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to


  23. provide financial assistance to foster families for lead remediation and fire suppression upgrades.


  24. Department of Health (DOH)


  25. DOH - Public Health Clinics. Of these funds, $2.0 million shall be allocated to the RI Free


  26. Clinic to improve statewide access and quality of primary care for uninsured adults; to increase


  27. access to dental care for uninsured adults integrated into medical care at the clinic; and, to build


  28. infrastructure for telehealth and electronic medical records, and $2.0 million shall be allocated to


  29. Open Door Health to expand services to address issues for people who are disproportionally


  30. impacted by the COVID-19 pandemic. Additionally, $2.0 million shall be allocated to Rhode


  31. Island Public Health Foundation/DBA Open Door Health to support the purchase of existing land


  32. and facilities in order to expand services for people who are disproportionately impacted by the


  33. COVID-19 pandemic. These funds may be used to support the purchase of land, the costs of


  34. acquiring a building or constructing a facility, as well as related costs. The terms and conditions

  1. of the allocation shall require Rhode Island Public Health Foundation/DBA Open Door Health to


  2. execute a purchase and sale agreement by June 30, 2024, for any part of the allocation that is used


  3. for the purchase of land. For any part of the allocation that is used for the acquisition or construction


  4. of a facility a contract for such purpose must be executed by June 30, 2024. Any part of the


  5. allocation that is not used for the execution of a purchase and sale agreement or under contract for


  6. the acquisition or construction of a facility shall be returned to the state by July 31, 2024. Any part


  7. of the allocation that is unexpended by December 31, 2026, regardless of the purpose for which it


  8. was obligated, shall be returned to the state no later than January 31, 2027.


  9. Department of Human Services (DHS)


  10. DHS - Child Care Support. To address the adverse impact the pandemic has had on the


  11. child care sector, the funds allocated to this program will provide retention bonuses for direct care


  12. staff at child care centers and licensed family providers in response to pandemic-related staffing


  13. shortages and start up and technical assistance grants for family child care providers. Retention


  14. bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.


  15. The director of the department of human services and the director of the department of children,


  16. youth and families may waive any fees otherwise assessed upon child care provider applicants who


  17. have been awarded the family child care provider incentive grant. The allocation to this program


  18. will also support quality improvements, the creation of a workforce registry and additional funds


  19. for educational opportunities for direct care staff.


  20. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals


  21. (BHDDH)


  22. BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-


  23. health related calls reported by police departments, these funds shall be allocated to the crisis


  24. intervention training program to provide training every three years for law enforcement as well as


  25. continuing education opportunities.


  26. BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline


  27. to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal


  28. Communications Commission-adopted rules to assure that all citizens receive a consistent level of


  29. 9-8-8 and crisis behavioral health services.


  30. Rhode Island Department of Elementary and Secondary Education (ELSEC)


  31. RIDE - Adult Education Providers. These funds shall be directly distributed through the


  32. Office of Adult Education to nonprofit adult education providers to expand access to educational


  33. programs and literary services.


  34. Department of Public Safety (DPS)

  1. DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest


  2. in the nonprofit community to provide additional housing, clinical and mental health services to


  3. victims of domestic violence and sexual assault. This includes increased investments for therapy


  4. and counseling, housing assistance, job training, relocation aid and case management.


  5. Department of Transportation


  6. DOT - RIPTA R-Line Free Service Pilot. These funds shall be allocated to the Rhode Island


  7. Public Transit Authority (RIPTA) to provide free fare bus route service along the “R Line” for a


  8. twelve (12) month period beginning September 1, 2022. RIPTA will track ridership data and submit


  9. a report to the Speaker of the House, the President of the Senate, and the Governor no later than


10 March 1, 2024.


  1. DOT - Turnpike and Bridge Authority – Safety Barriers Study. These funds shall be used


  2. by the Turnpike and Bridge Authority to conduct a study to identify and evaluate the options to


  3. prevent and address the risk of suicide on bridges under its purview. The selection of a vendor to


  4. conduct the study shall be done through a request for proposals process.


  5. Federal Funds - Capital Projects Fund


  6. Department of Administration (DOA)


  7. DOA - CPF Administration. These funds shall be allocated to the department of


  8. administration to oversee the implementation of the Capital Projects Fund award from the


  9. American Rescue Plan Act.


  10. DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated


  11. to a matching fund program for cities and towns that renovate or build a community wellness center


  12. that meets the work, education and health monitoring requirements identified by the U.S.


  13. Department of the Treasury.


  14. DOA - RIC Student Services Center. These funds shall support the development of a


  15. centralized hub at Rhode Island College, where students can complete essential tasks.


  16. Executive Office of Commerce (EOC)


  17. EOC - Broadband. These funds shall be allocated to the executive office of commerce to


  18. invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The


  19. secretary of commerce, in partnership with the director of business regulation, will run a series of


  20. requests for proposals for broadband infrastructure projects, providing funds to municipalities,


  21. public housing authorities, business cooperatives and local internet service providers for projects


  22. targeted at those unserved and underserved by the current infrastructure as defined by national


  23. telecommunications and information administration standards. This investment shall be used to


  24. augment or provide a match for federal funds for broadband investment made available through the

  1. Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide


  2. broadband strategic plan and may not be obligated nor expended prior to its submission in


  3. accordance with the requirements of the Rhode Island Broadband Development Program set forth


  4. in Chapter 42-162.


  5. SECTION 6. Notwithstanding any general laws to the contrary, the State Controller shall


  6. transfer $4,444,444 to the Workers’ Compensation Administrative Fund by June 30, 2023.


  7. SECTION 7. This article shall take effect upon passage.

=======

art.011/5/011/4/011/3/011/2/011/1

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  1. ARTICLE 11 AS AMENDED


  2. RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE



  3. SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode


  4. Island General Law § 37-6-2(d) authorizing various lease agreements for office space and operating


  5. space.


  6. SECTION 2. Department of Human Services (31 John Clarke Road, Middletown).


  7. WHEREAS, the Department of Human Services currently occupies approximately 4,400


  8. square feet at 31 John Clarke Road in the Town of Middletown;


  9. WHEREAS, the Department of Human Services currently has a current lease agreement,


  10. in full force and effect, with Child and Family Services of Newport County for approximately 4,400


  11. square feet of office space located at 31 John Clarke Road, Middletown;


  12. WHEREAS, the existing lease expires on November 30, 2023, and the Department of


  13. Human Services wishes to exercise its option to renew this lease for an additional five (5) year


  14. term;


  15. WHEREAS, the State of Rhode Island, acting by and through the Department of Human


  16. Services, attests to the fact that there are no clauses in the lease agreement with Child and Family


  17. Services of Newport County that would interfere with the Department of Human Services lease


  18. agreement or use of the facility;


  19. WHEREAS, the leased premises provide a critical location for the offices of the


  20. Department of Human Services from which the agency can fulfill its mission;


  21. WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June


22 30, 2023, is $88,989.18;


  1. WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years


  2. of the renewal term will not exceed $97,196.00;


  3. WHEREAS, the payment of the annual base rent will be made from funds available to the


  4. Department of Human Services for the payments of rental and lease costs based on annual


  5. appropriations made by the General Assembly; and


  6. WHEREAS, the State Properties Committee now respectfully requests the approval of the


  7. General Assembly for the lease agreement between the Department of Human Services and Child


  8. and Family Services of Newport County for leased space located at 31 John Clarke Road,

  1. Middletown; now therefore be it


  2. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


  3. lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed


  4. $485,980.00;


  5. RESOLVED, that this Joint Resolution shall take effect upon passage by the General


  6. Assembly;


  7. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  8. certified copies of this resolution to the Governor, the Director of the Department of Human


  9. Services, the Director of Administration, the State Budget Officer, and the Chair of the State


  10. Properties Committee.


  11. SECTION 3. Department of Human Services (125 Holden Street, Providence).


  12. WHEREAS, the population who resides in the Greater Providence area and who qualifies


  13. for Department of Human Services programming has a demonstrable need for a second customer


  14. service center in the capital city that is readily accessible to residents and includes adequate parking;


  15. WHEREAS, the Department of Administration has conducted of review of its State-owned


  16. inventory of space. Based on this review, the current State-owned building inventory does not


  17. include office space that can accommodate the space requirements of the Department of Human


  18. Services;


  19. WHEREAS, it is anticipated that effective January 17, 2023, the Department of Human


  20. Services will enter into a one-year lease for a property located at 125 Holden Street, Providence,


  21. which features a 17,000 square foot office space that meets these requirements, including fifty (50)


  22. parking spaces;


  23. WHEREAS, the annual base rent for the first year of the agreement is $476,000.00;


  24. WHEREAS, it is anticipated that the annual base rent of the new lease agreement in each


  25. of the ten five years of the term increases annually by the greater of (i) the percentage increase in


  26. the Consumer Price Index (the “CPI”) as published in the Bureau of Labor Statistics on December


  27. 31 of each lease year or (ii) three percent (3%);


  28. WHEREAS, the payment of the annual base rent will be made from funds available to the


  29. Department of Human Services for the payments of rental and lease costs based on annual


  30. appropriations made by the General Assembly;


  31. WHEREAS, tenant shall have the right, at its election, to extend the Term of this lease for


  32. one (1) option to extend the Term for five (5) years, (the "Option Term" or "Renewal Term"),


  33. provided however, that (i) Landlord receives written notice from Tenant of such exercise at least


  34. twelve (12) months prior to the expiration of the Term of Lease, and (ii) Landlord and Tenant

  1. negotiate in good faith and reach agreement on the Rent and all of the other terms and conditions


  2. applicable to the Option Term at least seven (7) months prior to the expiration of the initial Term


  3. of lease. This Option Term is subject to Rhode Island General Assembly funding approval and


  4. approval by the State Properties Committee;


  5. WHEREAS, the State Properties Committee now respectfully requests the approval of the


  6. General Assembly for the lease agreement between the Department of Human Services and 125


  7. Holden St. LLC, for the office space located at 125 Holden St. in the City of Providence, Rhode


  8. Island; now therefore be it


  9. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


  10. lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed


  11. $2,527,148.65;


  12. RESOLVED, that this joint resolution shall take effect upon passage by the General


  13. Assembly;


  14. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  15. certified copies of this resolution to the Governor, the Director of the Department of Human


  16. Services, the Director of Administration, the State Budget Officer, and the Chair of the State


  17. Properties Committee.


  18. SECTION 4. Department of Human Services (One Reservoir Avenue, Providence)


  19. WHEREAS, The Department of Human Services and the Department of Labor and


  20. Training currently occupy 25,000 square feet at One Reservoir Avenue in the City of Providence;


  21. and


  22. WHEREAS, the Department of Labor and Training has a current lease agreement in full


  23. force and effect, with First Reservoir, LLC for 25,000 square feet of office space located at One


  24. Reservoir Avenue; and


  25. WHEREAS, the Department of Labor and Training will be vacating the leased premises


  26. effective June 30, 2023 and the Lease, with the Landlord's written consent, will be assigned to the


  27. Department of Human Services; and


  28. WHEREAS, the existing lease expires on June 30, 2023 and the Department of Human


  29. Services wishes to exercise its option to renew this lease for an additional term; and


  30. WHEREAS, the State of Rhode Island, acting by and through the Department of Human


  31. Services attests to the fact that there are no clauses in the lease agreement with First Reservoir,


  32. LLC that would interfere with the Department of Human Services lease agreement or use of the


  33. facility; and

  1. Department of Human Services from which the organization can fulfill its mission; and


  2. WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June


3 30, 2023 is $579,250.00; and


  1. WHEREAS, the anticipated annual base rent in years 1-2 of the term shall not exceed


  2. $579,250.00, the anticipated annual base rent in years 3-5 of the term shall not exceed $593,731.25;


  3. and


  4. WHEREAS, the payment of the annual base rent will be made from funds available to the


  5. Department of Human Services for the payments of rental and lease costs based on annual


  6. appropriations made by the General Assembly; and


  7. WHEREAS, the State Properties Committee now respectfully requests the approval of the


  8. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


  9. between the Department of Human Services and First Reservoir, LLC for leased space located at


  10. One Reservoir Avenue, Providence; now therefore be it


  11. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


  12. lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed


  13. $2,939,693.75; and it be further


  14. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  15. certified copies of this resolution to the Governor, the Director of the Department of Human


  16. Services, the Director of Administration, the State Budget Officer, and the Chair of the State


  17. Properties Committee.


  18. SECTION 5. Department of Children, Youth and Families (530 Wood Street, Bristol).


  19. WHEREAS, the Department of Children, Youth and Families currently occupies


  20. approximately 15,693 square feet at 530 Wood Street in the Town of Bristol;


  21. WHEREAS, the Department of Children, Youth and Families currently has a current lease


  22. agreement, in full force and effect, with WSA Property, Inc. for approximately 15,693 square feet


  23. of office space located at 530 Wood Street, Bristol;


  24. WHEREAS, the existing lease expires on July 31, 2023, and the Department of Children,


  25. Youth and Families wishes to exercise its option to renew this lease for an additional five (5) year


  26. term;


  27. WHEREAS, the State of Rhode Island, acting by and through the Department of Children,


  28. Youth and Families, attests to the fact that there are no clauses in the lease agreement with WSA


  29. Property, Inc. that would interfere with the Department of Children, Youth and Families lease


  30. agreement or use of the facility;

  1. Department of Children, Youth and Families from which the agency can fulfill its mission;


  2. WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June


3 30, 2023 is $356,701.80;


  1. WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years


  2. of the renewal term will not exceed $337,399.50 in years one (1) through three (3) and $353,092.50


  3. in years four (4) through five (5);


  4. WHEREAS, the payment of the annual base rent will be made from funds available to the


  5. Department of Children, Youth and Families for the payments of rental and lease costs based on


  6. annual appropriations made by the General Assembly; and


  7. WHEREAS, the State Properties Committee now respectfully requests the approval of the


  8. General Assembly for the lease agreement between the Department of Children, Youth and


  9. Families and WSA Property, Inc. for leased space located at 530 Wood Street, Bristol; now


  10. therefore be it


  11. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


  12. lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed


  13. $1,718,383.50;


  14. RESOLVED, that this Joint Resolution shall take effect upon passage by the General


  15. Assembly; and be it further


  16. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  17. certified copies of this resolution to the Governor, the Director of the Department of Children,


  18. Youth and Families, the Director of Administration, the State Budget Officer, and the Chair of the


  19. State Properties Committee.


  20. SECTION 6. Department of Revenue (2000 Diamond Hill Road, Woonsocket).


  21. WHEREAS, the Department of Revenue currently occupies approximately 4,877 square


  22. feet at 2000 Diamond Hill Road in the City of Woonsocket;


  23. WHEREAS, the Department of Revenue currently has a current lease agreement, in full


  24. force and effect, with Woonsocket Mall, LLC for approximately 4,877 square feet of office space


  25. located at 2000 Diamond Hill Road, Woonsocket;


  26. WHEREAS, the existing lease expires on November 30, 2023 and the Department of


  27. Revenue wishes to exercise its option to renew this lease for an additional five (5) year term;


  28. WHEREAS, the State of Rhode Island, acting by and through the Department of Revenue,


  29. attests to the fact that there are no clauses in the lease agreement with Woonsocket Mall, LLC that


  30. would interfere with the Department of Revenue lease agreement or use of the facility;

  1. Department of Revenue from which the agency can fulfill its mission;


  2. WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June


3 30, 2023 is $75,770.00;


  1. WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years


  2. of the renewal term will not exceed $78,519.70;


  3. WHEREAS, the payment of the annual base rent will be made from funds available to the


  4. Department of Revenue for the payments of rental and lease costs based on annual appropriations


  5. made by the General Assembly;


  6. WHEREAS, the State Properties Committee now respectfully requests the approval of the


  7. General Assembly for the lease agreement between the Department of Revenue and Woonsocket


  8. Mall, LLC for leased space located at 2000 Diamond Hill Road; now therefore be it


  9. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


  10. lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed


  11. $392,598.50;


  12. RESOLVED, that this Joint Resolution shall take effect upon passage by the General


  13. Assembly;


  14. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  15. certified copies of this resolution to the Governor, the Director of the Department of Revenue, the


  16. Director of Administration, the State Budget Officer, and the Chair of the State Properties


  17. Committee.


  18. SECTION 7. This article shall take effect upon passage.


    1. ARTICLE 12 AS AMENDED

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      art.012/3/012/2

      =======


    2. RELATING TO PENSIONS



    3. SECTION 1. Section 16-16-40 of the General Laws in Chapter 16-16 entitled "Teachers’


    4. Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby


    5. amended to read as follows:


    6. 16-16-40. Additional benefits payable to retired teachers.


    7. (a) All teachers and all beneficiaries of teachers receiving any service retirement or


    8. ordinary or accidental disability retirement allowance pursuant to the provisions of this chapter and


    9. chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement


    10. adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance,


    11. not compounded, for each year the retirement allowance has been in effect. For purposes of


    12. computation credit shall be given for a full calendar year regardless of the effective date of the


    13. retirement allowance. This cost of living retirement adjustment shall be added to the amount of the


    14. service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An


    15. additional cost of living retirement adjustment shall be added to the original retirement allowance


    16. equal to three percent (3%) of the original retirement allowance on the first day of January, 1971,


    17. and each year thereafter through December 31, 1980.


    18. (b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary


    19. disability retirement allowance pursuant to the provisions of this title who retired on or after January


    20. 1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive


    21. a cost of living adjustment, in addition to his or her retirement allowance, an amount equal to three


    22. percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first


    23. day of January, the retirement allowance shall be increased an additional three percent (3%) of the


    24. original retirement allowance, not compounded, to be continued through December 31, 1980.


    25. (c)(1) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving


    26. any service retirement and all teachers and all beneficiaries of teachers who have completed at least


    27. ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this


    28. chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement


    29. allowance pursuant to §§ 16-16-14 — 16-16-17, the cost of living adjustment shall be computed


    30. and paid at the rate of three percent (3%) of the original retirement allowance or the retirement

  1. allowance as computed in accordance with § 16-16-40.1, compounded annually from the year for


  2. which the cost of living adjustment was determined to be payable by the retirement board pursuant


  3. to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available


  4. to teachers who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.


  5. (2) The provisions of this subsection shall be deemed to apply prospectively only and no


  6. retroactive payment shall be made.


  7. (3) The retirement allowance of all teachers and all beneficiaries of teachers who have not


  8. completed at least ten (10) years of contributory service on or before July 1, 2005, or were not


  9. eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date


  10. of the retirement, and on the month following the anniversary date of each succeeding year be


  11. adjusted and computed by multiplying the retirement allowance by three percent (3%) or the


  12. percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published


  13. by the United States Department of Labor Statistics, determined as of September 30 of the prior


  14. calendar year, whichever is less; the cost of living adjustment shall be compounded annually from


  15. the year for which the cost of living adjustment was determined payable by the retirement board;


  16. provided, that no adjustment shall cause any retirement allowance to be decreased from the


  17. retirement allowance provided immediately before such adjustment.


  18. (d) For teachers not eligible to retire in accordance with this chapter as of September 30,


  19. 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living


  20. adjustment described in subsection (3) above shall only apply to the first thirty-five thousand


  21. dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third


  22. (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever


  23. is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage


  24. increase in the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United


  25. States Department of Labor Statistics determined as of September 30 of the prior calendar year or


  26. three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed,


  27. of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price


  28. Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor


  29. Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever


  30. is less, on the month following the anniversary date of each succeeding year. For teachers eligible


  31. to retire as of September 30, 2009, or eligible upon passage of this article, and for their


  32. beneficiaries, the provisions of this subsection (d) shall not apply.


  33. (e) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.


  34. (f) This subsection (f) shall be effective for the period July 1, 2012, through June 30, 2015.

  1. (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (f)(2)


  2. below, for all present and former teachers, active and retired teachers, and beneficiaries receiving


  3. any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment


  4. provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A)


  5. is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the


  6. “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined


  7. as of the last day of the plan year preceding the calendar year in which the adjustment is granted,


  8. said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B)


  9. is equal to the lesser of the teacher’s retirement allowance or the first twenty-five thousand dollars


  10. ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be


  11. indexed annually in the same percentage as determined under paragraph (f)(1)(A) above. The


  12. “Five-Year Average Investment Return” shall mean the average of the investment returns of the


  13. most recent five (5) plan years as determined by the retirement board. Subject to paragraph (f)(2)


  14. below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)


  15. anniversary of the date of retirement or the date on which the retiree reaches his or her Social


  16. Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially


  17. assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted


  18. either upward or downward in the same amount.


  19. (2) Except as provided in paragraph (f)(3), the benefit adjustments under this section for


  20. any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’


  21. Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police


  22. Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty


  23. percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan


  24. year.


  25. In determining whether a funding level under this paragraph (f)(2) has been achieved, the


  26. actuary shall calculate the funding percentage after taking into account the reinstatement of any


  27. current or future benefit adjustment provided under this section.


  28. (3) Notwithstanding paragraph (f)(2), in each fifth plan year commencing after June 30,


  29. 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five


  30. plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (f)(1)


  31. above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial


  32. Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the


  33. system’s actuary on an aggregate basis, exceeds eighty percent (80%).


  34. (4) Notwithstanding any other provisions of this chapter, the provisions of this paragraph

    1. (f) of § 16-16-40 shall become effective July 1, 2012, and shall apply to any benefit adjustments


    2. not granted on or prior to June 30, 2012.


    3. (g) This subsection (g) shall become effective July 1, 2015.


    4. (1)(A) As soon as administratively reasonable following the enactment into law of this


    5. subsection (g)(1)(A), a one-time benefit adjustment shall be provided to teachers and/or


    6. beneficiaries of teachers who retired on or before June 30, 2012, in the amount of two percent (2%)


    7. of the lesser of either the teacher’s retirement allowance or the first twenty-five thousand dollars


    8. ($25,000) of the teacher’s retirement allowance. This one-time benefit adjustment shall be provided


    9. without regard to the retiree’s age or number of years since retirement.


    10. (B) Notwithstanding the prior subsections of this section, for all present and former


    11. teachers, active and retired teachers, and beneficiaries receiving any retirement, disability or death


    12. allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under


    13. this section for adjustments on and after January 1, 2016, and subject to subsection (g)(2) below,


    14. shall be equal to (I) multiplied by (II):


    15. (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:


    16. (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)


    17. (the “subtrahend”) from the five-year average investment return of the retirement system


    18. determined as of the last day of the plan year preceding the calendar year in which the adjustment


    19. is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent


    20. (0%). The “five-year average investment return” shall mean the average of the investment returns


    21. of the most recent five (5) plan years as determined by the retirement board. In the event the


    22. retirement board adjusts the actuarially assumed rate of return for the system, either upward or


    23. downward, the subtrahend shall be adjusted either upward or downward in the same amount.


    24. (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer


    25. Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor


    26. Statistics determined as of September 30 of the prior calendar year.


    27. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less


    28. than (0%) percent.


    29. (II) is equal to the lesser of either the teacher’s retirement allowance or the first twenty-


    30. five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount


    31. to be indexed annually in the same percentage as determined under subsection (g)(1)(B)(I) above.


    32. The benefit adjustments provided by this subsection (g)(1)(B) shall be provided to all


    33. retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,


    34. and for all other retirees the benefit adjustments shall commence upon the third anniversary of the

  1. date of retirement or the date on which the retiree reaches his or her Social Security retirement age,


  2. whichever is later.


  3. (2) Except as provided in subsection (g)(3), the The benefit adjustments under subsection


  4. (g)(1)(B) for any plan year shall be suspended in their entirety reduced to twenty-five percent (25%)


  5. of the benefit adjustment unless the funded ratio of the employees’ retirement system of Rhode


  6. Island, the judicial retirement benefits trust and the state police retirement benefits trust, calculated


  7. by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the


  8. benefit adjustment will be reinstated for all teachers for such plan year.


  9. In determining whether a funding level under this subsection (g)(2) has been achieved, the


  10. actuary shall calculate the funding percentage after taking into account the reinstatement of any


  11. current or future benefit adjustment provided under this section.


  12. (3) Notwithstanding subsection (g)(2), in each fourth plan year commencing after June 30,


  13. 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four


  14. plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection


  15. (g)(1)(B) above; and (ii) Effective for teachers and/or beneficiaries of teachers who retired on or


  16. before June 30, 2015, the dollar amount in subsection (g)(1)(B)(II) of twenty-five thousand eight


  17. hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six


  18. dollars ($31,026)until the funded ratio of the employees’ retirement system of Rhode Island, the


  19. judicial retirement benefits trust and the state police retirement benefits trust, calculated by the


  20. system’s actuary on an aggregate basis, exceeds eighty percent (80%).


  21. (4) Effective for teachers and or beneficiaries of teachers who have retired on or before


22 July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)


  1. days following the enactment of the legislation implementing this provision, and a second one-time


  2. stipend of five hundred dollars ($500) in the same month of the following year. These stipends


  3. shall be payable to all retired teachers or beneficiaries receiving a benefit as of the applicable


  4. payment date and shall not be considered cost of living adjustments under the prior provisions of


  5. this § 16-16-40.


  6. SECTION 2. Section 36-10-35 of the General Laws in Chapter 36-10 entitled "Retirement


  7. System — Contributions and Benefits" is hereby amended to read as follows:


  8. 36-10-35. Additional benefits payable to retired employees.


  9. (a) All state employees and all beneficiaries of state employees receiving any service


  10. retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of


  11. this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal


  12. to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded,

  1. for each calendar year the retirement allowance has been in effect. For the purposes of computation,


  2. credit shall be given for a full calendar year regardless of the effective date of the retirement


  3. allowance. This cost of living adjustment shall be added to the amount of the retirement allowance


  4. as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the


  5. original retirement allowance in each succeeding year during the month of January, and provided


  6. further, that this additional cost of living increase shall be three percent (3%) for the year beginning


7 January 1, 1971, and each year thereafter, through December 31, 1980. Notwithstanding any of the


  1. above provisions, no employee receiving any service retirement allowance pursuant to the


  2. provisions of this title on or before December 31, 1967, or the employee’s beneficiary, shall receive


  3. any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over


  4. the service retirement allowance where the employee retired prior to January 1, 1958.


  5. (b) All state employees and all beneficiaries of state employees retired on or after January


  6. 1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement


  7. allowance pursuant to the provisions of this title shall, on the first day of January next following


  8. the third anniversary date of the retirement, receive a cost of living retirement adjustment, in


  9. addition to his or her retirement allowance, in an amount equal to three percent (3%) of the original


  10. retirement allowance. In each succeeding year thereafter through December 31, 1980, during the


  11. month of January, the retirement allowance shall be increased an additional three percent (3%) of


  12. the original retirement allowance, not compounded, to be continued during the lifetime of the


  13. employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar


  14. year regardless of the effective date of the service retirement allowance.


  15. (c)(1) Beginning on January 1, 1981, for all state employees and beneficiaries of the state


  16. employees receiving any service retirement and all state employees, and all beneficiaries of state


  17. employees, who have completed at least ten (10) years of contributory service on or before July 1,


  18. 2005, pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries


  19. of state employees who receive a disability retirement allowance pursuant to §§ 36-10-12 — 36-


  20. 10-15, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of


  21. the original retirement allowance or the retirement allowance as computed in accordance with §


  22. 36-10-35.1, compounded annually from the year for which the cost of living adjustment was


  23. determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b)


  24. of this section. Such cost of living adjustments are available to members who retire before October


  25. 1, 2009, or are eligible to retire as of September 30, 2009.


  26. (2) The provisions of this subsection shall be deemed to apply prospectively only and no


  27. retroactive payment shall be made.

    1. (3) The retirement allowance of all state employees and all beneficiaries of state employees


    2. who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or


    3. were not eligible to retire as of September 30, 2009, shall, on the month following the third


    4. anniversary date of retirement, and on the month following the anniversary date of each succeeding


    5. year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or


    6. the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as


    7. published by the United States Department of Labor Statistics determined as of September 30 of


    8. the prior calendar year, whichever is less; the cost of living adjustment shall be compounded


    9. annually from the year for which the cost of living adjustment was determined payable by the


    10. retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased


    11. from the retirement allowance provided immediately before such adjustment.


    12. (d) For state employees not eligible to retire in accordance with this chapter as of


13 September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the


  1. cost of living adjustment described in subsection (c)(3) of this section shall only apply to the first


  2. thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall


  3. commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches


  4. age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase


  5. annually by the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-


  6. U) as published by the United States Department of Labor Statistics determined as of September


  7. 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand


  8. dollars ($35,000) of retirement allowance, as indexed, shall be multiplied by the percentage of


  9. increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United


  10. States Department of Labor Statistics determined as of September 30 of the prior calendar year or


  11. three percent (3%), whichever is less, on the month following the anniversary date of each


  12. succeeding year. For state employees eligible to retire as of September 30, 2009, or eligible upon


  13. passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not


  14. apply.


  15. (e) All legislators and all beneficiaries of legislators who are receiving a retirement


  16. allowance pursuant to the provisions of § 36-10-9.1 for a period of three (3) or more years, shall,


  17. commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a


  18. retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance.


  19. In each succeeding year thereafter during the month of January, the retirement allowance shall be


  20. increased an additional three percent (3%) of the original retirement allowance, compounded


  21. annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of

  1. computation, credit shall be given for a full calendar year regardless of the effective date of the


  2. service retirement allowance.


  3. (f) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.


  4. (g) This subsection (g) shall be effective for the period July 1, 2012, through June 30, 2015.


  5. (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (g)(2)


  6. below, for all present and former employees, active and retired members, and beneficiaries


  7. receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit


  8. adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B)


  9. where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%)


  10. (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system


  11. determined as of the last day of the plan year preceding the calendar year in which the adjustment


  12. is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent


  13. (0%), and (B) is equal to the lesser of the member’s retirement allowance or the first twenty-five


  14. thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000)


  15. amount to be indexed annually in the same percentage as determined under (g)(1)(A) above. The


  16. “Five-Year Average Investment Return” shall mean the average of the investment returns of the


  17. most recent five (5) plan years as determined by the retirement board. Subject to paragraph (g)(2)


  18. below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)


  19. anniversary of the date of retirement or the date on which the retiree reaches his or her Social


  20. Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially


  21. assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted


  22. either upward or downward in the same amount.


  23. (2) Except as provided in paragraph (g)(3), the benefit adjustments under this section for


  24. any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’


  25. Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police


  26. Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty


  27. percent (80%) in which event the benefit adjustment will be reinstated for all members for such


  28. plan year.


  29. In determining whether a funding level under this paragraph (g)(2) has been achieved, the


  30. actuary shall calculate the funding percentage after taking into account the reinstatement of any


  31. current or future benefit adjustment provided under this section.


  32. (3) Notwithstanding paragraph (g)(2), in each fifth plan year commencing after June 30,


  33. 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five


  34. plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (g)(1)

  1. above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial


  2. Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the


  3. system’s actuary on an aggregate basis, exceeds eighty percent (80%).


  4. (4) Notwithstanding any other provision of this chapter, the provisions of this paragraph


  5. (g) shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or


  6. prior to June 30, 2012.


  7. (h) This subsection (h) shall become effective July 1, 2015.


  8. (1)(A) As soon as administratively reasonable following the enactment into law of this


  9. subsection (h)(1)(A), a one-time benefit adjustment shall be provided to members and/or


  10. beneficiaries of members who retired on or before June 30, 2012, in the amount of 2% of the lesser


  11. of either the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of


  12. the member’s retirement allowance. This one-time benefit adjustment shall be provided without


  13. regard to the retiree’s age or number of years since retirement.


  14. (B) Notwithstanding the prior subsections of this section, for all present and former


  15. employees, active and retired members, and beneficiaries receiving any retirement, disability or


  16. death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year


  17. under this section for adjustments on and after January 1, 2016, and subject to subsection (h)(2)


  18. below, shall be equal to (I) multiplied by (II):


  19. (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:


  20. (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)


  21. (the “subtrahend”) from the five-year average investment return of the retirement system


  22. determined as of the last day of the plan year preceding the calendar year in which the adjustment


  23. is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent


  24. (0%). The “five-year average investment return” shall mean the average of the investment returns


  25. of the most recent five (5) plan years as determined by the retirement board. In the event the


  26. retirement board adjusts the actuarially assumed rate of return for the system, either upward or


  27. downward, the subtrahend shall be adjusted either upward or downward in the same amount.


  28. (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer


  29. Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor


  30. Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i)


  31. plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).


  32. (II) Is equal to the lesser of either the member’s retirement allowance or the first twenty-


  33. five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount


  34. to be indexed annually in the same percentage as determined under subsection (h)(1)(B)(I) above.

    1. The benefit adjustments provided by this subsection (h)(1)(B) shall be provided to all


    2. retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,


    3. and for all other retirees the benefit adjustments shall commence upon the third anniversary of the


    4. date of retirement or the date on which the retiree reaches his or her Social Security retirement age,


    5. whichever is later.


    6. (2) Except as provided in subsection (h)(3) of this section, the The benefit adjustments


    7. under subsection (h)(1)(B) for any plan year shall be suspended in their entirety reduced to twenty-


    8. twenty-five percent (25%) of the benefit adjustment unless the funded ratio of the employees’


    9. retirement system of Rhode Island, the judicial retirement benefits trust and the state police


    10. retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty


    11. percent (80%) in which event the benefit adjustment will be reinstated for all members for such


    12. plan year.


    13. In determining whether a funding level under this subsection (h)(2) has been achieved, the


    14. actuary shall calculate the funding percentage after taking into account the reinstatement of any


    15. current or future benefit adjustment provided under this section.


    16. (3) Notwithstanding subsection (h)(2), in each fourth plan year commencing after June 30,


    17. 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four


    18. plan years:


    19. (i) A benefit adjustment shall be calculated and made in accordance with subsection


    20. (h)(1)(B) above; and


    21. (ii) Effective for members and/or beneficiaries of members who retired on or before June


    22. 30, 2015, the dollar amount in subsection (h)(1)(B)(II) of twenty-five thousand eight hundred and


    23. fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars


    24. ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the judicial


    25. retirement benefits trust and the state police retirement benefits trust, calculated by the system’s


    26. actuary on an aggregate basis, exceeds eighty percent (80%).


    27. (i) Effective for members and/or beneficiaries of members who have retired on or before


28 July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)


  1. days following the enactment of the legislation implementing this provision, and a second one-time


  2. stipend of five hundred dollars ($500) in the same month of the following year. These stipends


  3. shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable


  4. payment date and shall not be considered cost of living adjustments under the prior provisions of


  5. this section.


  6. SECTION 3. Section 45-21-52 of the General Laws in Chapter 45-21 entitled "Retirement

    1. of Municipal Employees" is hereby amended to read as follows:


    2. 45-21-52. Automatic increase in service retirement allowance.


    3. (a) The local legislative bodies of the cities and towns may extend to their respective


    4. employees automatic adjustment increases in their service retirement allowances, by a resolution


    5. accepting any of the plans described in this section:


    6. (1) Plan A. All employees and beneficiaries of those employees receiving a service


    7. retirement or disability retirement allowance under the provisions of this chapter on December 31


    8. of the year their city or town accepts this section, receive a cost of living adjustment equal to one


    9. and one-half percent (11/2%) per year of the original retirement allowance, not compounded, for


    10. each calendar year the retirement allowance has been in effect. This cost of living adjustment is


    11. added to the amount of the retirement allowance as of January 1 following acceptance of this


    12. provision, and an additional one and one-half percent (11/2%) is added to the original retirement


    13. allowance in each succeeding year during the month of January, and provided, further, that this


    14. additional cost of living increase is three percent (3%) for the year beginning January 1 of the year


    15. the plan is accepted and each succeeding year.


    16. (2) Plan B. All employees and beneficiaries of those employees receiving a retirement


    17. allowance under the provisions of this chapter on December 31 of the year their municipality


    18. accepts this section, receive a cost of living adjustment equal to three percent (3%) of their original


    19. retirement allowance. This adjustment is added to the amount of the retirement allowance as of


20 January 1 following acceptance of this provision, and an additional three percent (3%) of the


  1. original retirement allowance, not compounded, is payable in each succeeding year in the month


  2. of January.


  3. (3) Plan C. All employees and beneficiaries of those employees who retire on or after


24 January 1 of the year following acceptance of this section, on the first day of January next following


  1. the date of the retirement, receive a cost of living adjustment in an amount equal to three percent


  2. (3%) of the original retirement allowance.


  3. (b) In each succeeding year in the month of January, the retirement allowance is increased


  4. an additional three percent (3%) of the original retirement allowance, not compounded.


  5. (c) This subsection (c) shall be effective for the period July 1, 2012, through June 30, 2015.


  6. (1) Notwithstanding any other paragraphs of this section, and subject to paragraph (c)(2)


  7. below, for all present and former employees, active and retired members, and beneficiaries


  8. receiving any retirement, disability or death allowance or benefit of any kind by reason of adoption


  9. of this section by their employer, the annual benefit adjustment provided in any calendar year under


  10. this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined

  1. by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average


  2. Investment Return of the retirement system determined as of the last day of the plan year preceding


  3. the calendar year in which the adjustment is granted, said percentage not to exceed four percent


  4. (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the member’s


  5. retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance,


  6. such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage


  7. as determined under (c)(1)(A) above. The “Five-Year Average Investment Return” shall mean the


  8. average of the investment returns of the most recent five (5) plan years as determined by the


  9. retirement board. Subject to paragraph (c)(2) below, the benefit adjustment provided by this


  10. paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on


  11. which the retiree reaches his or her Social Security retirement age, whichever is later; or for


  12. municipal police and fire retiring under the provisions of chapter 45-21.2, the benefit adjustment


  13. provided by this paragraph shall commence on the later of the third (3rd) anniversary of the date of


  14. retirement or the date on which the retiree reaches age fifty-five (55). In the event the retirement


  15. board adjusts the actuarially assumed rate of return for the system, either upward or downward, the


  16. subtrahend shall be adjusted either upward or downward in the same amount.


  17. (2) Except as provided in paragraph (c)(3) the benefit adjustments provided under this


  18. section for any plan year shall be suspended in their entirety reduced to twenty-five percent (25%)


  19. of the benefit adjustment for each municipal plan within the municipal employees retirement


  20. system unless the municipal plan is determined to be funded at a Funded Ratio equal to or greater


  21. than eighty percent (80%) as of the end of the immediately preceding plan year in accordance with


  22. the retirement system’s actuarial valuation report as prepared by the system’s actuary, in which


  23. event the benefit adjustment will be reinstated for all members for such plan year.


  24. In determining whether a funding level under this paragraph (c)(2) has been achieved, the


  25. actuary shall calculate the funding percentage after taking into account the reinstatement of any


  26. current or future benefit adjustment provided under this section.


  27. (3) Notwithstanding paragraph (c)(2), for each municipal plan that has a Funded Ratio of


  28. less than eighty percent (80%) as of June 30, 2012, in each fifth plan year commencing after June


  29. 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of


  30. five (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph


  31. (c)(1) above until the municipal plan’s Funded Ratio exceeds eighty percent (80%).


  32. (d) This subsection (d) shall become effective July 1, 2015.


  33. (1)(A) As soon as administratively reasonable following the enactment into law of this


  34. subsection (d)(1)(A), a one-time benefit adjustment shall be provided to members and/or

  1. beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent


  2. (2%) of the lesser of either the employee’s retirement allowance or the first twenty-five thousand


  3. dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be


  4. provided without regard to the retiree’s age or number of years since retirement.


  5. (B) Notwithstanding the prior subsections of this section, for all present and former


  6. employees, active and retired employees, and beneficiaries receiving any retirement, disability or


  7. death allowance or benefit of any kind by reason of adoption of this section by their employer, the


  8. annual benefit adjustment provided in any calendar year under this section for adjustments on and


  9. after January 1, 2016, and subject to paragraph (d)(2) below, shall be equal to (I) multiplied by (II):


  10. (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:


  11. (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)


  12. (the “subtrahend”) from the five-year average investment return of the retirement system


  13. determined as of the last day of the plan year preceding the calendar year in which the adjustment


  14. is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent


  15. (0%). The “five-year average investment return” shall mean the average of the investment returns


  16. of the most recent five (5) plan years as determined by the retirement board. In the event the


  17. retirement board adjusts the actuarially assumed rate of return for the system, either upward or


  18. downward, the subtrahend shall be adjusted either upward or downward in the same amount.


  19. (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer


  20. Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor


  21. Statistics determined as of September 30 of the prior calendar year.


  22. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less


  23. than zero percent (0%).


  24. (II) Is equal to the lesser of either the member’s retirement allowance or the first twenty-


  25. five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount


  26. to be indexed annually in the same percentage as determined under subsection (d)(1)(B)(I) above.


  27. The benefit adjustments provided by this subsection (d)(1)(B) shall be provided to all


  28. retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,


  29. and for all other retirees the benefit adjustments shall commence upon the third anniversary of the


  30. date of retirement or the date on which the retiree reaches his or her Social Security retirement age,


  31. whichever is later; or for municipal police and fire retiring under the provisions of § 45-21.2-


  32. 5(b)(1)(A), the benefit adjustment provided by this paragraph shall commence on the later of the


  33. third anniversary of the date of retirement or the date on which the retiree reaches age fifty-five


  34. (55); or for municipal police and fire retiring under the provisions of § 45-21.2-5(b)(1)(B), the

  1. benefit adjustment provided by this paragraph shall commence on the later of the third anniversary


  2. of the date of retirement or the date on which the retiree reaches age fifty (50).


  3. (2) Except as provided in subsection (d)(3), the The benefit adjustments under subsection


  4. (d)(1)(B) for any plan year shall be suspended in their entirety reduced to twenty-five percent (25%)


  5. of the benefit adjustment for each municipal plan within the municipal employees retirement


  6. system unless the municipal plan is determined to be funded at a funded ratio equal to or greater


  7. than eighty percent (80%) as of the end of the immediately preceding plan year in accordance with


  8. the retirement system’s actuarial valuation report as prepared by the system’s actuary, in which


  9. event the benefit adjustment will be reinstated for all members for such plan year.


  10. In determining whether a funding level under this subsection (d)(2) has been achieved, the


  11. actuary shall calculate the funding percentage after taking into account the reinstatement of any


  12. current or future benefit adjustment provided under this section.


  13. (3) Notwithstanding subsection (d)(2), in each fourth plan year commencing after June 30,


  14. 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four


  15. plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection


  16. (d)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on or


  17. before June 30, 2015, the dollar amount in subsection (d)(1)(B)(II) of twenty-five thousand eight


  18. hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six


  19. dollars ($31,026) until the municipal plan’s funded ratio exceeds eighty percent (80%).


  20. (e) Upon acceptance of any of the plans in this section, each employee shall on January 1


  21. next succeeding the acceptance, contribute by means of salary deductions, pursuant to § 45-21-41,


  22. one percent (1%) of the employee’s compensation concurrently with and in addition to


  23. contributions otherwise being made to the retirement system.


  24. (f) The city or town shall make any additional contributions to the system, pursuant to the


  25. terms of § 45-21-42, for the payment of any benefits provided by this section.


  26. (g) The East Greenwich town council shall be allowed to accept Plan C of subsection (a)(3)


  27. of this section for all employees of the town of East Greenwich who either, pursuant to contract


  28. negotiations, bargain for Plan C, or who are non-union employees who are provided with Plan C


  29. and who shall all collectively be referred to as the “Municipal-COLA Group” and shall be separate


  30. from all other employees of the town and school department, union or non-union, who are in the


  31. same pension group but have not been granted Plan C benefits. Upon acceptance by the town


  32. council, benefits in accordance with this section shall be available to all such employees who retire


  33. on or after January 1, 2003.


  34. (h) Effective for members and/or beneficiaries of members who have retired on or before

    1 July 1, 2015, and without regard to whether the retired member or beneficiary is receiving a benefit


    1. adjustment under this section, a one-time stipend of five hundred dollars ($500) shall be payable


    2. within sixty (60) days following the enactment of the legislation implementing this provision, and


    3. a second one-time stipend of five hundred dollars ($500) in the same month of the following year.


    4. These stipends shall not be considered cost of living adjustments under the prior provisions of this


    5. section.


    6. SECTION 4. The general assembly makes the following findings of fact:


    7. (1) The Rhode Island Retirement Security Act of 2011 was enacted to ensure sustainability


    8. of the state's public retirement systems;


    9. (2) At the time of enactment, the pension system was critically underfunded and the state


    10. was experiencing continuing financial instability following the Great Recession;


    11. (3) The state's contributions and projected future contributions to fund the pension system


    12. combined with the state's fragile economy jeopardized public pensions and vital government


    13. services;


    14. (4) Rapidly escalating pension costs posed a significant risk to state and municipal credit


    15. ratings, further jeopardizing vital public services and the ability to address critical infrastructure


    16. needs;


    17. (5) The Rhode Island Retirement Security Act of 2011 restructured public pensions


    18. programs, including COLA benefits for retirees, with the stated goals to ensure: the ability of state


    19. and municipalities to provide retirement benefits that will enable a dignified retirement for public


    20. employees; an adequate source of retirement funds for public retiree benefits and an affordable


    21. pension program that does not jeopardize vital public services;


    22. (6) More than a decade has passed since enactment of the Rhode Island Retirement Security


    23. Act of 2011;


    24. (7) The reforms in the Rhode Island Retirement Security Act of 2011 have had various


    25. effects over time, including changing the condition of the retirements systems throughout the state,


    26. as well as impacting the retirement security of current and future public retirees; and


    27. (8) A thorough review of the restructured pension programs will assist in determining if


    28. the stated goals of the Rhode Island Retirement Security Act of 2011 are being met, as well as


    29. inform any changes that may be needed to improve the pension programs and address any


    30. unintended consequences of the Act and any impacts on the ability of the state to attract and retain


    31. a stable workforce.


    32. SECTION 5. Chapter 36-10.2 of the General Laws entitled "Pension Protection Act" is


    33. hereby amended by adding thereto the following section:

      1. 36-10.2-11. Advisory working group - Report.


      2. (a) The general treasurer shall establish and convene an advisory working group to assist


      3. in the review and analysis of the impacts of the Rhode Island Retirement Security Act of 2011 on


      4. the state's public retirement systems and their current and retired members. The working group


      5. shall develop options for consideration by the general assembly that may be needed to improve the


      6. pension programs or address any unintended consequences of the Act. Options, to the extent


      7. possible, shall include a clear cost-benefit analysis.


      8. (b) The advisory working group may include, but not be limited to, designees from the


      9. following: the office of the general treasurer, actuarial professionals, public sector unions, state


      10. and/or national organizations interested in pension reform and sustainability, pension advocacy


      11. groups and financial and investment professionals.


      12. (c) On or before March 1, 2024, the general treasurer shall forward a report containing the


      13. findings, recommendations and proposed options for consideration to the governor, speaker of the


      14. house and president of the senate.


      15. SECTION 6. Section 5 shall take effect upon passage. The remainder of the article shall


      16. take effect on January 1, 2024.


        1. ARTICLE 13

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          art.013/1/012/1

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        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.