LC000715/SUB A
========
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 |
======== LC000715/SUB A
========
art.001/6/001/5/001/4/001/3/001/2/001/1
=======
"RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2024
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
this act, the following general revenue amounts are hereby appropriated out of any money in the
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2024.
The amounts identified for federal funds and restricted receipts shall be made available pursuant to
section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes
and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw
his or her orders upon the general treasurer for the payment of such sums or such portions thereof
as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
Administration
Central Management
General Revenues 3,419,152
Federal Funds
Federal Funds 54,029,495
Federal Funds - State Fiscal Recovery Fund
Public Health Response Warehouse Support 1,400,000
Ongoing COVID-19 Response 41,787,709
Municipal Public Safety Infrastructure 11,000,000
Total - Central Management 111,636,356
Legal Services
General Revenues 2,440,410
Accounts and Control
General Revenues 5,315,642
Federal Funds
Federal Funds - Capital Projects Fund
CPF Administration 4,828,079
Federal Funds - State Fiscal Recovery Fund
Pandemic Recovery Office 6,918,788
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 |
BHDDH Group Homes 1,350,000
Statewide Facility Master Plan 2,000,000
Cannon Building 3,725,000
Old State House 100,000
State Office Building 100,000
State Office Reorganization & Relocation 1,450,000
William Powers Building 4,750,000
Pastore Center Non-Hospital Buildings Asset Protection 10,330,000
Washington County Government Center 650,000
Chapin Health Laboratory 425,000
560 Jefferson Blvd Asset Protection 1,750,000
Arrigan Center 125,000
Civic Center 6,212,500
Pastore Center Buildings Demolition 1,000,000
Veterans Auditorium 100,000
Pastore Center Hospital Buildings Asset Protection 500,000
Pastore Campus Infrastructure 25,000,000
Pastore Center Power Plant Rehabilitation 450,000
Community Facilities Asset Protection 70,000
Zambarano LTAC Hospital 6,569,677
Medical Examiners - New Facility 5,168,529
Group Home Replacement & Rehabilitation 5,000,000
State Land Use Planning Study 250,000
Total - General 224,521,902
Debt Service Payments
General Revenues 182,821,772
Out of the general revenue appropriations for debt service, the General Treasurer is
authorized to make payments for the I-195 Redevelopment District Commission loan up to the
maximum debt service due in accordance with the loan agreement.
Other Funds
Transportation Debt Service 35,226,154
Investment Receipts - Bond Funds 100,000
Total - Debt Service Payments 218,147,926
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
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022
at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island Commerce
Corporation shall make an impact payment to the towns or cities in which the airport is located
based on this calculation. Each community upon which any part of the above airports is located
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 |
Provided that $600,000 of these funds shall be used for enhanced training for direct care
and support services staff to improve resident quality of care and address the changing health care
needs of nursing facility residents due to higher acuity and increased cognitive impairments
pursuant to Rhode Island General Laws, Section 23-17.5-36.
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 |
Tangible Tax Exemption Program 28,000,000
Provided that all unexpended or unencumbered balances as of June 30, 2024, appropriated
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 |
Provided that $100,000 be allocated to support the Rhode Island Council for the
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
$18,000 be allocated to support the Newport Historical Society, pursuant to Sections 29-2-1 and
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 |
Provided that $220,000 shall be for the children’s cabinet, established under Rhode Island
General Law, Chapter 42-7.5, to assist with the planning for an early childhood governance
structure of and for the transition of established early childhood programs to such an office.
Federal Funds 172,720,592
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 |
Of the general revenue funding, $2.5 million shall be provided for Graduate Medical
Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,
$1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million
is for the residential training program at Landmark Hospital.
Nursing Facilities 152,569,575
Home and Community Based Services 59,029,500
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 |
The director of the department of children, youth and families shall provide to the speaker
of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,
a report on its progress implementing the accreditation plan filed in accordance with Rhode Island
General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The
report shall, at minimum, provide data regarding recruitment and retention efforts including
attaining and maintaining a diverse workforce, documentation of newly filled and vacated
positions, and progress towards reducing worker caseloads.
Federal Funds
Federal Funds 26,232,025
Federal Funds - State Fiscal Recovery Fund
Provider Workforce Stabilization 7,920,766
Provided that these funds be used for workforce stabilization supplemental wage payments
and sign-on bonuses to eligible direct care and support care staff only until a contracted service
provider’s new contract takes effect at which time payments cease.
Foster Home Lead Abatement & Fire Safety 375,000
Total - Central Management 49,496,112
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 |
Provided that these funds and any unexpended or unencumbered previous years’ funding
are to be used exclusively to fund awards to eligible youth.
The director of the department of children, youth and families shall provide to the governor,
speaker of the house and president of the senate a report on higher education participation for
department affiliated youth. The report due on December 1 and July 1 of each year shall, at
minimum, include data by institution on the past 180 days regarding amounts awarded, each
awardee’s unmet need, the number of youth eligible, applications, and awards made by the
department, and the number of students who dropped out. It shall also include participation
information on trade school and workforce development programs.
Grand Total - Children, Youth and Families 366,362,408
Health
Central Management
General Revenues 3,845,945
Federal Funds 7,898,826
Restricted Receipts 16,723,583
Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
in this line item that are derived from grants authorized under The Coronavirus Preparedness and
Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the
Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021
(P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management
and Budget. No obligation or expenditure of these funds shall take place without such approval.
Total - Central Management 28,468,354
Community Health and Equity
General Revenues 1,577,479
Federal Funds 79,024,850
Restricted Receipts 43,524,137
Total - Community Health and Equity 124,126,466
Environmental Health
General Revenues 6,042,901
Federal Funds 11,275,046
Restricted Receipts 895,252
Total - Environmental Health 18,213,199
Health Laboratories and Medical Examiner
General Revenues 12,757,344
Federal Funds 2,669,840
Other Funds
Rhode Island Capital Plan Funds
Health Laboratories & Medical Examiner Equipment 400,000
Total - Health Laboratories and Medical Examiner 15,827,184
Customer Services
General Revenues 8,216,978
Federal Funds 7,514,546
Restricted Receipts 4,425,552
Total - Customer Services 20,157,076
Policy, Information and Communications
General Revenues 982,376
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 |
Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide
direct services through the Coalition Against Domestic Violence, $25,000 for the Center for
Southeast Asians, $450,000 to support Project Reach activities provided by the RI Alliance of Boys
and Girls Clubs, $267,000 is for outreach and supportive services through Day One, $550,000 is
for food collection and distribution through the Rhode Island Community Food Bank, $500,000 for
services provided to the homeless at Crossroads Rhode Island, $600,000 for the Community Action
Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy,
$75,000 is to support services provided to the immigrant and refugee population through Higher
Ground International, and $50,000 is for services provided to refugees through the Refugee Dream
Center.
The director of the department of human services shall provide to the speaker of the house,
president of the senate, and chairs of the house and senate finance committees at least every sixty
(60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer
serving staff. The report shall include: documentation of newly filled and vacated positions,
including lateral transfers, position titles, civil service information, including numbers of eligible
and available candidates, plans for future testing and numbers of eligible and available candidates
resulting from such testing, impacts on caseload backlogs and call center wait times, as well as
other pertinent information as determined by the director.
Federal Funds
Federal Funds 8,060,913
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 |
Of this amount, $200,000 is to provide support services through Veterans’ organizations,
$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 |
Of this amount, $325,000 is to provide elder services, including respite, through the
Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term
Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for
housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and
$1,200,000 is for Senior Services Support and $680,000 is for elderly nutrition, of which $630,000
is for Meals on Wheels.
Federal Funds 20,834,138
Restricted Receipts 61,000
Other Funds
Intermodal Surface Transportation Fund 4,147,184
Total - Office of Healthy Aging 38,696,911
Grand Total - Human Services 833,996,366
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 |
Provided that of this general revenue funding, $33,194,667 shall be expended on certain
community-based department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH) developmental disability private provider and self-directed consumer direct care service
worker raises and associated payroll costs as authorized by BHDDH and to finance the new services
rates implemented by BHDDH pursuant to the Consent Decree Action Plan. Any increase for direct
support staff and residential or other community-based setting must first receive the approval of
BHDDH.
Federal Funds 260,062,877
Provided that of this federal funding, $41,821,645 shall be expended on certain
community-based department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH) developmental disability private provider and self-directed consumer direct care service
worker raises and associated payroll costs as authorized by BHDDH and to finance the new services
rates implemented by BHDDH pursuant to the Consent Decree Action Plan. Any increase for direct
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 |
Federal Funds 34,025,449
Provided that $250,000 from Social Services Block Grant funds is awarded to The
Providence Center to coordinate with Oasis Wellness and Recovery Center for its support and
services program offered to individuals with behavioral health issues.
Federal Funds - State Fiscal Recovery Fund
Crisis Intervention Trainings 1,650,000
9-8-8 Hotline 1,600,000
Restricted Receipts 7,334,361
Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the
seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each
Task Force.
Total - Behavioral Healthcare Services 48,955,103
Hospital and Community Rehabilitative Services
General Revenues 60,067,815
Federal Funds 51,095,254
Restricted Receipts 3,150,000
Other Funds
Rhode Island Capital Plan Funds
Hospital Equipment 300,000
Total - Hospital and Community Rehabilitative Services 114,613,069
State of RI Psychiatric Hospital
General Revenues 35,216,359
Grand Total - Behavioral Healthcare,
Developmental Disabilities and Hospitals 672,848,681
Office of the Child Advocate
General Revenues 1,649,914
Commission on the Deaf and Hard of Hearing
General Revenues 764,208
Restricted Receipts 104,467
Grand Total - Comm. On Deaf and Hard-of-Hearing 868,675
Governor’s Commission on Disabilities
General Revenues
General Revenues 776,252
Livable Home Modification Grant Program 766,699
Provided that this will be used for home modification and accessibility enhancements to
construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
This will be in consultation with the Executive Office of Health and Human Services. All
unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the
ensuing fiscal year, and made immediately available for the same purpose.
Federal Funds 378,638
Restricted Receipts 62,131
Grand Total - Governor’s Commission on Disabilities 1,983,720
Office of the Mental Health Advocate
General Revenues 976,078
Elementary and Secondary Education
Administration of the Comprehensive Education Strategy
General Revenues 28,924,723
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
support child opportunity zones through agreements with the Department of Elementary and
Secondary Education to strengthen education, health and social services for students and their
families as a strategy to accelerate student achievement and further provided that $450,000 and 3.0
full-time equivalent positions be allocated to support a special education function to facilitate
individualized education program (IEP) and 504 services.
Federal Funds
Federal Funds 282,135,648
Provided that $684,000 from the Department’s administrative share of Individuals with
Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to
support the Rhode Island Vision Education and Services Program and that $270,000 of the
Department’s allocation of education stabilization discretionary funds be used to support the RI
Auditory Oral Program.
Federal Funds – State Fiscal Recovery Fund
Adult Education Providers 3,000,000
Out of School Time Education Providers 4,000,000
Restricted Receipts
Restricted Receipts 2,381,954
HRIC Adult Education Grants 3,500,000
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 |
prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
with higher concentrations of low performing schools.
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 |
Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to
the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode
Island to support its programs for children with developmental and intellectual disabilities. It is also
provided that $8,568,644 shall be allocated to the Rhode Island Promise Scholarship program,
$151,410 shall be used to support Rhode Island’s membership in the New England Board of Higher
Education, $4,000,000 shall be allocated to the Rhode Island Hope Scholarship Program, and
$200,000 shall be allocated to the Rhode Island School for Progressive Education to support access
to higher education opportunities for teachers of color.
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 |
Provided that in order to leverage federal funding and support economic development,
$700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated
to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special
Olympics Rhode Island to support its mission of providing athletic opportunities for individuals
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 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2024 relating to the University of Rhode Island are hereby
reappropriated to fiscal year 2025.
Rhode Island College
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 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2024 relating to Rhode Island College are hereby
reappropriated to fiscal year 2025.
Community College of Rhode Island
General Revenues
General Revenues 58,529,873
Debt Service 807,992
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 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2024 relating to the Community College of Rhode Island
are hereby reappropriated to fiscal year 2025.
Grand Total - Public Higher Education 1,449,655,656
RI State Council on the Arts
General Revenues
Operating Support 1,102,758
Grants 1,190,000
Provided that $400,000 be provided to support the operational costs of WaterFire
Providence art installations.
Federal Funds 987,000
Restricted Receipts 5,000
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 |
Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
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. |
The director of the department of corrections shall provide to the speaker of the house and
president of the senate at least every ninety (90) days beginning September 1, 2022, a report on
efforts to modernize the correctional industries program. The report shall, at minimum, provide
data on the past ninety (90) days regarding program participation, changes made in programming
to more closely align with industry needs, new or terminated partnerships with employers,
nonprofits, and advocacy groups, current program expenses and revenues, and the employment
status of all persons on the day of discharge from department care who participated in the
correctional industries program.
Federal Funds 630,449
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 |
Judiciary
Supreme Court
General Revenues
General Revenues 34,670,879
Provided however, that no more than $1,453,387 in combined total shall be offset to the
Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
Department of Children, Youth and Families, and the Department of Public Safety for square-
footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
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 |
Provided that $13,500,000 shall be allocated as the state contribution for the Statewide
Body-worn Camera Program, subject to all program and reporting rules, regulations, policies, and
guidelines prescribed in the Rhode Island General Laws. Notwithstanding the provisions of section
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 |
Of this general revenue amount, $100,000 is appropriated to the Conservation Districts and
$100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a
veterinarian at the Wildlife Clinic of Rhode Island.
Federal Funds 40,100
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 |
paratransit voucher program. The program shall operate as a one-year pilot program to study the
feasibility of expanding paratransit services to underserved communities and providing those
utilizing the program with prepaid voucher(s) to cover the expense of paratransit services to be
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
senate, detailing the outcome of the pilot program. Of this amount, $500,000 is appropriated for
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 |
The department of transportation will establish a Municipal Roadway Database, which will
include information concerning the name, condition, length, roadway infrastructure, and pedestrian
features of each municipal roadway, updated annually by municipalities. The database will serve
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
Restricted Receipts 392,134,921
Other Funds 2,550,551,147
Statewide Grand Total 14,010,849,700
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
appropriation.
SECTION 3. Upon the transfer of any function of a department or agency to another
department or agency, the Governor is hereby authorized by means of executive order to transfer
or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when
the duties or administrative functions of government are designated by law to be performed within
a particular department or agency, no transfer of duties or functions and no re-allocation, in whole
or part, or appropriations and full-time equivalent positions to any other department or agency shall
be authorized.
SECTION 4. From the appropriation for contingency shall be paid such sums as may be
required at the discretion of the Governor to fund expenditures for which appropriations may not
exist. Such contingency funds may also be used for expenditures in the several departments and
agencies where appropriations are insufficient, or where such requirements are due to unforeseen
conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
for the payment of bills incurred due to emergencies or to any offense against public peace and
property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
amended. All expenditures and transfers from this account shall be approved by the Governor.
SECTION 5. The general assembly authorizes the state controller to establish the internal
service accounts shown below, and no other, to finance and account for the operations of state
agencies that provide services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
a businesslike manner, promote efficient use of services by making agencies pay the full costs
associated with providing the services, and allocate the costs of central administrative services
across all fund types, so that federal and other non-general fund programs share in the costs of
general government support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the following
expenditure limitations:
Account Expenditure Limit
State Assessed Fringe Benefit Internal Service Fund 37,390,672
Administration Central Utilities Internal Service Fund 39,364,206
State Central Mail Internal Service Fund 8,076,555
State Telecommunications Internal Service Fund 3,659,422
State Automotive Fleet Internal Service Fund 13,069,648
Surplus Property Internal Service Fund 44,789
Health Insurance Internal Service Fund 272,732,438
Other Post-Employment Benefits Fund 63,858,483
Capitol Police Internal Service Fund 1,411,825
Corrections Central Distribution Center Internal Service Fund 7,534,562
Correctional Industries Internal Service Fund 8,339,394
Secretary of State Record Center Internal Service Fund 1,175,426
Human Resources Internal Service Fund 17,117,623
DCAMM Facilities Internal Service Fund 61,150,543
Information Technology Internal Service Fund 56,136,183
SECTION 6. Legislative Intent - The General Assembly may provide a written "statement
of legislative intent" signed by the chairperson of the House Finance Committee and by the
chairperson of the Senate Finance Committee to show the intended purpose of the appropriations
contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the
House Finance Committee and in the Senate Finance Committee.
At least twenty (20) days prior to the issuance of a grant or the release of funds, which
grant or funds are listed on the legislative letter of intent, all department, agency and corporation
directors, shall notify in writing the chairperson of the House Finance Committee and the
chairperson of the Senate Finance Committee of the approximate date when the funds are to be
released or granted.
SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds
required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund
and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2024.
SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated
pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed
for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2024.
SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of
paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2024.
SECTION 10. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated
to the Office of the General Treasurer designated funds received under the CollegeBoundSaver
program for transfer to the Division of Higher Education Assistance within the Office of the
Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,
2024.
SECTION 11. Departments and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
not include limited period positions or, seasonal or intermittent positions whose scheduled period
of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
do they include individuals engaged in training, the completion of which is a prerequisite of
employment. Provided, however, that the Governor or designee, Speaker of the House of
Representatives or designee, and the President of the Senate or designee may authorize an
adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
detailed written recommendation to the Governor, the Speaker of the House, and the President of
the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,
and the Senate Fiscal Advisor.
State employees whose funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with the term limited to the availability of non-state
general revenue funding source.
FY 2024 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 674.7
Provided that no more than 419.1 of the total authorization would be limited to positions
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 |
Provided that 1.0 of the total authorization would be available only for positions that are
supported by third-party funds, 11.0 would be available only for positions at the State’s Higher
Education Centers located in Woonsocket and Westerly, 10.0 would be available only for positions
at the Nursing Education Center, and 7.0 would be available for the longitudinal data systems
program.
University of Rhode Island 2,551.0
Provided that 353.8 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island College 949.2
Provided that 76.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Community College of Rhode Island 849.1
Provided that 89.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island State Council on the Arts 10.0
RI Atomic Energy Commission 8.6
Historical Preservation and Heritage Commission 15.6
Office of the Attorney General 264.1
Corrections 1,460.0
Judicial 743.3
Military Staff 93.0
Emergency Management Agency 37.0
Public Safety 632.2
Office of the Public Defender 104.0
Environmental Management 425.0
Coastal Resources Management Council 32.0
Transportation 755.0
Total 15,636.9
No agency or department may employ contracted employee services where contract
employees would work under state employee supervisors without determination of need by the
Director of Administration acting upon positive recommendations by the Budget Officer and the
Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state
employees at that time without determination of need by the Director of Administration acting upon
the positive recommendations of the State Budget Officer and the Personnel Administrator and 30
days after a public hearing.
SECTION 12. The amounts reflected in this Article include the appropriation of Rhode
Island Capital Plan funds for fiscal year 2024 and supersede appropriations provided for FY 2024
within Section 12 of Article 1 of Chapter 231 of the P.L. of 2022.
The following amounts are hereby appropriated out of any money in the State’s Rhode
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
appropriations provided within Section 12 of Article 1 of Chapter 231 of the P.L. of 2022.
For the purposes and functions hereinafter mentioned, the State Controller is hereby
authorized and directed to draw his or her orders upon the General Treasurer for the payment of
such sums and such portions thereof as may be required by him or her upon receipt of properly
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 |
SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
purpose. However, any such reappropriations are subject to final approval by the General Assembly
as part of the supplemental appropriations act. Any unexpended funds of less than five hundred
dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
SECTION 14. For the Fiscal Year ending June 30, 2024, the Rhode Island Housing and
Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support
of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the
amount of funding provided to this program, as well as information on the number of units of
housing provided as a result to the Director of Administration, the Chair of the Housing Resources
Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance
Committee and the State Budget Officer.
SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of
Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year
ending June 30, 2024, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of
the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax
revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode
Island General Laws), for the purposes of paying debt service on bonds, funding debt service
reserves, paying costs of infrastructure improvements in and around the ballpark district, arts
district, and the growth center district, funding future debt service on bonds, and funding a
redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island
General Laws.
SECTION 16. The appropriations from federal funds contained in Section 1 shall not be
construed to mean any federal funds or assistance appropriated, authorized, allocated or
apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects
Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2024
except for those instances specifically designated. Projected out-year expenditures for State Fiscal
Recovery Fund and Capital Projects Fund projects have been consolidated into appropriations for
the fiscal year ending June 30, 2024 to ensure the timely obligation of these funds to comply with
rules promulgated by the U.S. Department of the Treasury.
The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be
made in support of the following projects:
Federal Funds - State Fiscal Recovery Fund
Department of Administration (DOA)
DOA - Electric Heat Pump Grant Program. These funds shall support a grant program
within the office of energy resources to assist homeowners and small-to-mid-size business owners
with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on
families in environmental justice communities, minority-owned businesses, and community
organizations who otherwise cannot afford this technology. The office of energy resources shall
report to the Speaker of the House and Senate President no later than April 1 of each year the results
of this program, including but not limited to, the number of grants issued, amount of each grant and
the average grant amount, and the expected cumulative carbon emissions reductions associated
with heat pumps that received a grant.
DOA - Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-
19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,
to be administered by the director of administration, in consultation with the director of health and
the secretary of health and human services.
DOA - Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic
Recovery Office established within the Department of Administration.
DOA - Public Health Response Warehouse Support. These funds shall be allocated to the
proper of PPE and other necessary COVID-19 response related supplies.
DOA - Auto-Enrollment Program. These funds shall support a program for automatically
enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19
public health emergency into qualified health plans to avoid gaps in coverage, administered by
HealthSource RI.
DOA - Municipal Public Safety Infrastructure. These funds shall be used to provide
matching support to cities and towns to make significant public safety facilities infrastructure
improvements including new construction. Funding priority shall be based on project readiness and
limited to those for which the total costs exceed $1.0 million. Matching funds to any municipality
will be limited to $5.0 million for projects that serve a regional purpose and $1.0 million for others.
Department of Labor and Training (DLT)
DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program
in the development of job partnerships, connecting industry employers adversely impacted by the
pandemic to individuals enrolled in workforce training programs.
Executive Office of Commerce (EOC)
EOC - Destination Marketing. These funds shall be used for destination tourism marketing
in support of airline routes to Rhode Island T.F. Green International Airport. The Commerce
Corporation is required to supply equivalent matching funds out of its portion of the state hotel tax.
EOC - Minority Business Accelerator. These funds shall support a program to invest
additional resources to enhance the growth of minority business enterprises as defined in chapter
14.1 of title 37. The initiative will support a range of assistance and programming, including
financial and technical assistance, entrepreneurship training, space for programming and co-
working, and assistance accessing low-interest loans. Commerce shall work with minority small
business associations, including the Rhode Island Black Business Association (RIBBA), to advance
this program.
EOC - South Quay Marine Terminal. These funds shall support the development of an
integrated and centralized hub of intermodal shipping designed to support the offshore wind
industry along memorial parkway in the East Providence waterfront special development district.
Funds may be used for design and development of the waterfront portion of the terminal into a
marine-industrial facility. These funds shall only be allocated and spent if sufficient matching
funds for completion of the project are committed by February 1, 2024.
EOC - Bioscience Investments. These funds shall support a program to invest in the
biosciences industry in Rhode Island in conjunction with the creation of the Rhode Island Life
Science Hub. This program will include, but is not limited to, the development of one or more wet
lab incubator spaces in collaboration with industry partners; the creation of a fund that will support
wrap-around services to aid in the commercialization of technology and business development,
growth of the biosciences talent pipeline, and support for staff to implement the bioscience
investments initiative.
EOC - Small Business Assistance. These funds shall be allocated to a program of financial
and technical assistance to small businesses and COVID-impacted industries as follows: twelve
million five hundred thousand dollars ($12,500,000) shall be provided as direct payments to
businesses for lost revenue, eighteen million dollars ($18,000,000) shall support technical
assistance for long-term business capacity building, public health upgrades, energy efficiency
improvements, and outdoor programming, and one million five hundred thousand dollars
($1,500,000) shall be allocated to support administration of these programs. To be eligible to
receive funds or support under this program a business must have less than two million dollars
($2,000,000) in annual gross revenues and demonstrate a negative impact from the COVID-19
pandemic as determined by the Rhode Island Commerce Corporation. Under this program, total
support in the form of direct payments, or technical assistance grants shall not exceed ten thousand
dollars ($10,000) per eligible business through either program. Total support in the form of direct
payments, technical assistance, and grants for public health upgrades, energy efficiency and
outdoor programming shall not exceed thirty thousand dollars ($30,000) in the aggregate. Provided
further that at least twenty percent (20%) of all funds must be reserved for awards to assist minority
business enterprises as defined in chapter 14.1 of title 37.
Department of Housing
Housing - Development of Affordable Housing. These funds shall expand a program at the
Rhode Island housing and mortgage finance corporation to provide additional investments in the
development of affordable housing units in conjunction with general obligation bond funds and
other sources of available financing according to guidelines approved by the Coordinating
Committee of the Housing Resources Commission. Of this amount, ten million dollars
($10,000,000) shall be available to Rhode Island housing and mortgage finance corporation to
establish a pilot program, which may include the establishment of a revolving fund, that shall direct
funds to support low income public housing through project-based rental assistance vouchers and
financing for pre-development, improvement, and housing production costs. Within eighteen (18)
months, any money available for the pilot that is not yet allocated to viable projects, or which has
been awarded to public housing authorities which are unable to demonstrate substantial completion
of all work within eighteen (18) months of receipt of any such funds, shall be returned to this
program and no longer be included in the pilot. Determination of viability and substantial
completion under the pilot shall be at the sole discretion of the secretary of housing.
Housing - Targeted Housing Development. These funds shall create a program at the
department of housing to develop housing in targeted areas and/or priority projects. Of this overall
program, twenty-seven million dollars ($27,000,000) shall be allocated into a priority project fund
that advances the following categories: permanent supportive housing, housing dedicated to
vulnerable populations, individuals transitioning out of state care, and extremely low-income
Rhode Islanders. Of this overall program, four million dollars ($4,000,000) shall be allocated to
support the development of transit-oriented housing as approved by the secretary of housing.
Housing - Site Acquisition. These funds shall be allocated to the Rhode Island housing and
mortgage finance corporation toward the acquisition of properties for redevelopment as affordable
and supportive housing to finance projects that include requirements for deed restrictions not less
than thirty (30) years, and a non-recourse structure.
Housing - Down Payment Assistance. Administered by the Rhode Island housing and
mortgage finance corporation, these funds shall be allocated to a program to provide up to $20,000
in down payment assistance to eligible first-time home buyers to promote homeownership.
Housing - Workforce Housing. These funds shall be allocated to the Rhode Island housing
and mortgage finance corporation to support a program to increase the housing supply for families
earning up to 120 percent of area median income.
Housing - Affordable Housing Predevelopment Program. These funds shall be allocated to
the Rhode Island housing mortgage finance corporation to support predevelopment work, for
proposed affordable housing developments to build a pipeline of new projects and build the
capacity of affordable housing developers in the state to expand affordable housing production.
Housing - Home Repair and Community Revitalization. These funds shall expand the
acquisition and revitalization program administered by the Rhode Island housing and mortgage
finance corporation to finance the acquisition and redevelopment of blighted properties to increase
the number of commercial and community spaces in disproportionately impacted communities and
or to increase the development of affordable housing. Residential development will serve
households earning no more than 80 percent of area median income. Commercial and community
spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the
residents are low-and moderate-income persons. Of this amount, four million five hundred
thousand dollars ($4,500,000) will support critical home repairs within the same communities.
Housing - Preservation of Affordable Housing Units. These funds shall support a program
to preserve affordable housing units at risk of foreclosure or blight.
Housing - Predevelopment and Capacity Building. These funds shall support a program to
increase contract staffing capacity to administer proposed affordable housing projects. These funds
will support research and data analysis, stakeholder engagement, and the expansion of services for
people experiencing homelessness.
Housing – Municipal Planning. Of these funds, one million three hundred thousand dollars
($1,300,000) shall support a housing development-focused municipal fellows program within the
department of housing and one million dollars ($1,000,000) shall support grants for municipalities,
including to study and implement zoning changes that up-zone or otherwise enable additional
housing development in proximity to transit.
Housing - Homelessness Assistance Program. These funds shall support a program to
expand housing navigation, behavioral health, and stabilization services to address pandemic-
related homelessness. The program will support both operating subsidies for extremely low-income
housing units and services for people transitioning from homelessness to housing, including
individuals transitioning out of the adult correctional institutions.
Housing - Homelessness Infrastructure. These funds shall be used to support a program to
respond to and prevent homelessness, including but not limited to, acquisition or construction of
temporary or permanent shelter and other housing solutions and stabilization programs.
Housing - Municipal Homelessness Support Initiative. These funds shall be used to
support a program to award grants to municipalities for public safety expenses and other municipal
services that support individuals and families experiencing homelessness.
Housing - Proactive Housing Development. These funds shall be used to support the
creation, staffing, and initial activities of a proactive development subsidiary of the Rhode Island
Housing and Mortgage Finance Corporation, established pursuant to Section 42-55-5.1 of the
general laws.
Housing - Housing Related Infrastructure. These funds shall be allocated to the Rhode
Island infrastructure bank as established in Rhode Island General Laws Chapter 46-12.2 to support
physical infrastructure that is necessary to produce additional housing. All expenditures made with
these funds must be for the pre-development and development of site-related infrastructure for
housing that meets affordable housing pricing and/or income criteria and other criteria established
by the Department of Housing.
Quonset Development Corporation (QDC)
QDC - Port of Davisville. These funds shall be allocated to expand a program developing
port infrastructure and services at the Port of Davisville in Quonset in accordance with the
corporation’s master plan.
Department of Children, Youth and Families (DCYF)
DCYF - Provider Workforce Stabilization. These funds shall be allocated to support
workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care
and supporting care staff of contracted service providers.
DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to
provide financial assistance to foster families for lead remediation and fire suppression upgrades.
Department of Health (DOH)
DOH - COVID-19 Operational Support. These funds shall be allocated to continue
COVID-19 mitigation activities at the department of health and to address the public health impacts
of the pandemic in Rhode Island.
Department of Human Services (DHS)
DHS - Child Care Support. To address the adverse impact the pandemic has had on the
child care sector, the funds allocated to this program will provide retention bonuses for direct care
staff at child care centers and licensed family providers in response to pandemic-related staffing
shortages and start up and technical assistance grants for family child care providers. Retention
bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.
The director of the department of human services and the director of the department of children,
youth and families may waive any fees otherwise assessed upon child care provider applicants who
have been awarded the family child care provider incentive grant. The allocation to this program
will also support quality improvements, the creation of a workforce registry and additional funds
for educational opportunities for direct care staff.
DHS - Rhode Island Community Food Bank. These funds shall be allocated to provide
financial assistance for food collection and distribution through the Rhode Island Community Food
Bank to assist households in need, including those that received enhanced nutrition benefits during
the public health emergency.
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
(BHDDH)
BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-
health related calls reported by police departments, these funds shall be allocated to the crisis
intervention training program to provide training every three years for law enforcement as well as
continuing education opportunities.
BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline
to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal
Communications Commission-adopted rules to assure that all citizens receive a consistent level of
9-8-8 and crisis behavioral health services.
Rhode Island Department of Elementary and Secondary Education (ELSEC)
RIDE - Adult Education Providers. These funds shall be directly distributed through the
Office of Adult Education to nonprofit adult education providers to expand access to educational
programs and literary services.
RIDE - Out of School Time Education Providers. These funds shall be directly distributed
through the Office of Student, Community and Academic Supports to expand access to educational
programs.
Office of the Postsecondary Commissioner
OPC - RI Reconnect. These funds shall support a program to improve postsecondary
degree and credential attainment among working-age Rhode Islanders. The program will assist
students in addressing barriers to education completion, particularly among communities of color
and lower socio-economic strata. A portion of these funds will be used to address barriers to the
attainment of teacher certification as a Second Language Education Teacher, Grades PK-12, and
as an All Grades Special Education Teacher.
OPC - RIC Cybersecurity Center. These funds shall support the establishment of the
Institute for Cybersecurity and Emerging Technologies at Rhode Island College, which will provide
certificate, baccalaureate, and master’s level courses with focuses on research and developing
highly skilled cybersecurity professionals. Funding shall be appropriated through the Office of
Postsecondary Commissioner.
OPC - Fresh Start Scholarship. These funds shall support a program to provide
scholarships to adult students with some college credits, but no degree, with a focus on students
who dropped-out of the Community College of Rhode Island. This program will target students
who are not meeting Satisfactory Academic Progress requirements, which makes them ineligible
for federal financial assistance.
University of Rhode Island
URI-PFAS Water Treatment Plant. These funds shall support the implementation of a
permanent water filtration solution to reduce PFAS concentrations in the University of Rhode
Island’s water supply.
Department of Public Safety (DPS)
DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest
in the nonprofit community to provide additional housing, clinical and mental health services to
victims of domestic violence and sexual assault. This includes increased investments for therapy
and counseling, housing assistance, job training, relocation aid and case management.
Department of Transportation (DOT)
DOT - Municipal Roads Grant Program. These funds shall support a program to distribute
grants with a required local match for the replacement, rehabilitation, preservation, and
maintenance of existing roads, sidewalks, and bridges. Provided that $5.0 million of these funds
shall be distributed equally to each city and town and $15.0 million shall be distributed
proportionally to cities and towns based on non-federal land miles of roads in each
community. Provided further that each municipality is required to provide a 67 percent
match. Any funding that is not obligated to municipal projects by June 30, 2024 may be used by
RIDOT for statewide paving projects.
DOT - RIPTA R-Line Free Service Pilot. These funds shall be allocated to the Rhode
Island Public Transit Authority (RIPTA) to provide free fare bus route service along the “R-Line”
for a twelve (12) month period beginning September 1, 2022. RIPTA will track ridership data and
submit a report to the Speaker of the House, the President of the Senate, and the Governor o later
than March 1, 2024.
DOT - Turnpike and Bridge Authority – Safety Barriers Study. These funds shall be used
by the Turnpike and Bridge Authority to conduct a study to identify and evaluate the options to
prevent and address the risk of suicide on bridges under its purview.
Federal Funds - Capital Projects Fund
Department of Administration (DOA)
DOA - CPF Administration. These funds shall be allocated to the department of
administration to oversee the implementation of the Capital Projects Fund award from the
American Rescue Plan Act.
DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated
to a matching fund program for cities and towns that renovate or build a community wellness center
that meets the work, education and health monitoring requirements identified by the U.S.
Department of the Treasury.
Executive Office of Commerce (EOC)
EOC - Broadband. These funds shall be allocated to the executive office of commerce to
invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The
secretary of commerce, in partnership with the director of business regulation, will run a series of
requests for proposals for broadband infrastructure projects, providing funds to municipalities,
public housing authorities, business cooperatives and local internet service providers for projects
targeted at those unserved and underserved by the current infrastructure as defined by national
telecommunications and information administration standards. This investment shall be used to
augment or provide a match for federal funds for broadband investment made available through the
Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide
broadband strategic plan and may not be obligated nor expended prior to its submission in
accordance with the requirements of the Rhode Island Broadband Development Program set forth
in Chapter 42-162.
SECTION 17. Reappropriation of Funding for State Fiscal Recovery Fund and Capital
Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered
federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be
reappropriated in the ensuing fiscal year and made available for the same purposes. However, any
such reappropriations are subject to final approval by the General Assembly as part of the
supplemental appropriations act.
SECTION 18. The pandemic recovery office shall monitor the progress and performance
of all programs financed by the State Fiscal Recovery Fund and the Capital Projects Fund. On or
before October 31, 2023, and quarterly thereafter, the office shall provide a report to the speaker of
the house and senate president, with copies to the chairpersons of the house and senate finance
committees, identifying programs that are at risk of significant underspending or noncompliance
with federal or state requirements. The report, at a minimum must include an assessment of how
programs that are at risk can be remedied.
SECTION 19. Notwithstanding any general laws to the contrary, the State Controller shall
transfer $55,000,000 to the Supplemental State Budget Reserve Account by July 14, 2023.
SECTION 20. Notwithstanding any general laws to the contrary, the State Controller shall
transfer $114,998,958 from the Information Technology Restricted Receipt Account to the Large
Systems Initiatives Fund by July 14, 2023. Appropriations herein to the Large Systems Initiatives
Fund (LSIF) shall be made in support of the following projects:
Enterprise Resource Planning. For the project already in progress, at an estimated project
cost of $68,700,000, of which no more than $50,000,000 shall be supported by the LSIF, these
funds support the implementation and roll-out of a new enterprise resource planning software
system.
Comprehensive Child Welfare Information System. For the project already in progress, at
an estimated project cost of $54,700,000, of which no more than $24,650,000 shall be supported
by the LSIF, these funds support the replacement of the existing case management system with a
new comprehensive child welfare information system.
DEM Legacy Modernization. For the project already in progress, at an estimated project
cost of $5,800,000, these funds support the modernization of the permit application and license
tracking and processing systems.
Wi-Fi and Tech at the ACI. For the project already in progress, at an estimated project cost
of $3,300,000, these funds support upgrades to the networking infrastructure at the department of
corrections.
RIBridges Mobile Access and Child Care Tracking. For the project already in progress, at
an estimated project cost of $6,700,000, these funds support an expansion of the existing mobile
application.
Gateway to Government. For the project already in progress, at an estimated project cost
of $7,500,000, these funds support the transition of licensing processes toward a paperless platform
housing digital identities and credentialing information.
DLT Mainframe Legacy Modernization. For the project already in progress, at an estimated
project cost of $19,400,000, these funds support the modernization of obsolete hardware and
applications at the department of labor and training.
Electronic Medical Records System. For the project already in progress, at an estimated
project cost of $22,400,000, these funds support implementation of a comprehensive system to
track clinical, administrative and financial needs of these hospitals.
SECTION 21. With respect to the project and the funds allocated to the DCYF –
Residential Treatment Facility, the provisions of Chapter 45-22.2 and Chapter 45-24 of the General
Laws shall not apply.
SECTION 22. This article shall take effect as of July 1, 2023, except as otherwise provided
herein.
=======
art.002/5/002/4/002/3/002/2/002/1
=======
RELATING TO STATE FUNDS
SECTION 1. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records”
is hereby amended to read as follows:
(a) The state registrar shall charge fees for searches and copies as follows:
(1) For a search of two (2) consecutive calendar years under one name and for issuance of
a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or
a certification that the record cannot be found, and each duplicate copy of a certificate or
certification issued at the same time, the fee is as set forth in § 23-1-54.
(2) For each additional calendar year search, if applied for at the same time or within three
(3) months of the original request and if proof of payment for the basic search is submitted, the fee
is as set forth in § 23-1-54.
(3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54.
(4) For processing of adoptions, legitimations, or paternity determinations as specified in
§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54.
(5) For making authorized corrections, alterations, and additions, the fee is as set forth in
§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and
additions on records filed before one year of the date on which the event recorded has occurred.
(6) For examination of documentary proof and the filing of a delayed record, there is a fee
as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of
a certified copy of a delayed record.
(b) Fees collected under this section by the state registrar shall be deposited in the general
fund of this state, according to the procedures established by the state treasurer.
(c) The local registrar shall charge fees for searches and copies of records as follows:
(1) For a search of two (2) consecutive calendar years under one name and for issuance of
a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a
certification of birth or a certification that the record cannot be found, the fee is twenty dollars
($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is
fifteen dollars ($15.00).
(2) For each additional calendar year search, if applied for at the same time or within three
(3) months of the original request and if proof of payment for the basic search is submitted, the fee
is two dollars ($2.00).
(d) Fees collected under this section by the local registrar shall be deposited in the city or
town treasury according to the procedures established by the city or town treasurer except that six
dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the
general fund of this state.
(e) To acquire, maintain, and operate an electronic statewide registration system (ESRS),
the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified
records request, no more than three dollars ($3.00) for each duplicate certified record, and no more
than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record
requested for a local registrar. Notwithstanding the provisions of subsection (d), any such
surcharges collected by the local registrar shall be submitted to the state registrar. Any funds
collected from the surcharges listed above shall be deposited into the information technology
investment fund (ITIF) information technology restricted receipt account (ITRR account)
established pursuant to § 42-11-2.5(a).
SECTION 2. Chapter 35-3-20 of the General Laws entitled "State Budget" is hereby
amended by adding thereto the following section:
(a) There is hereby created within the general fund a supplemental state budget reserve
account, which shall be administered by the state controller and which shall be used solely for the
purpose of providing such sums as may be appropriated to fund any unanticipated general revenue
deficit caused by a general revenue shortfall.
(b) At any time after the third quarter of a fiscal year that it is indicated that total resources
which are defined to be the aggregate of estimated general revenue, general revenue receivables,
and available free surplus in the general fund will be less than the estimates upon which current
appropriations were based, the general assembly may make appropriations from the supplemental
state budget reserve account for the difference between the estimated total resources and the
original estimates upon which enacted appropriations were based, but only in the amount of the
difference based upon the revenues projected at the latest state revenue estimating conference
pursuant to chapter 16 of this title as reported by the chairperson of that conference.
(c) Whenever a transfer has been made pursuant to subsection (b), that transfer shall be
considered as estimated general revenues for the purposes of determining the amount to be
transferred to the Rhode Island Capital Plan fund for the purposes of § 35-3-20.1(b).
(d) The supplemental state budget reserve account shall consist of: (1) Such sums as the
state may from time to time directly transfer to the account as authorized in law; and (2) Any
amounts transferred pursuant to § 35-6-1(e).
SECTION 3. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”
is hereby amended to read as follows:
Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all
restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there
shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions
from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on
federal grant funds; or (3) Through transfers from state agencies to the department of administration
for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,
unless prohibited by federal law or regulation, court order, or court settlement. The following
restricted receipt accounts shall not be subject to the provisions of this section:
Executive Office of Health and Human Services
Organ Transplant Fund
HIV Care Grant Drug Rebates
Health System Transformation Project
Rhode Island Statewide Opioid Abatement Account
HCBS Support-ARPA
HCBS Admin Support-ARPA
Department of Human Services
Veterans’ home — Restricted account
Veterans’ home — Resident benefits
Pharmaceutical Rebates Account
Demand Side Management Grants
Veteran’s Cemetery Memorial Fund
Donations — New Veterans’ Home Construction
Department of Health
Pandemic medications and equipment account
Miscellaneous Donations/Grants from Non-Profits
State Loan Repayment Match
Healthcare Information Technology
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Eleanor Slater non-Medicaid third-party payor account
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Commission on the Deaf and Hard of Hearing
Emergency and public communication access account
Department of Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks registration fees
De Coppet Estate Fund
Rhode Island Historical Preservation and Heritage Commission
Historic preservation revolving loan fund
Historic Preservation loan fund — Interest revenue
Department of Public Safety
E-911 Uniform Emergency Telephone System
Forfeited property — Retained
Forfeitures — Federal
Forfeited property — Gambling
Donation — Polygraph and Law Enforcement Training
Rhode Island State Firefighter’s League Training Account
Fire Academy Training Fees Account
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Forfeited property — Gambling
Department of Administration
OER Reconciliation Funding
Health Insurance Market Integrity Fund
RI Health Benefits Exchange
Information Technology Investment Fund restricted receipt account
Restore and replacement — Insurance coverage
Convention Center Authority rental payments
Investment Receipts — TANS
OPEB System Restricted Receipt Account
Car Rental Tax/Surcharge-Warwick Share
Grants Management Administration
RGGI-Executive Climate Change Coordinating Council Projects
Executive Office of Commerce
Housing Resources Commission Restricted Account
Housing Production Fund
Department of Revenue
DMV Modernization Project
Jobs Tax Credit Redemption Fund
Legislature
Audit of federal assisted programs
Department of Children, Youth and Families
Children’s Trust Accounts — SSI
Military Staff
RI Military Family Relief Fund
RI National Guard Counterdrug Program
Treasury
Admin. Expenses — State Retirement System
Retirement — Treasury Investment Options
Defined Contribution — Administration - RR
Violent Crimes Compensation — Refunds
Treasury Research Fellowship
Business Regulation
Banking Division Reimbursement Account
Office of the Health Insurance Commissioner Reimbursement Account
Securities Division Reimbursement Account
Commercial Licensing and Racing and Athletics Division Reimbursement Account
Insurance Division Reimbursement Account
Historic Preservation Tax Credit Account
Marijuana Trust Fund
Social Equity Assistance Fund
Judiciary
Arbitration Fund Restricted Receipt Account
Third-Party Grants
RI Judiciary Technology Surcharge Account
Department of Elementary and Secondary Education
Statewide Student Transportation Services Account
School for the Deaf Fee-for-Service Account
School for the Deaf — School Breakfast and Lunch Program
Davies Career and Technical School Local Education Aid Account
Davies — National School Breakfast & Lunch Program
School Construction Services
Office of the Postsecondary Commissioner
Higher Education and Industry Center
IGT STEM Scholarships
Department of Labor and Training
Job Development Fund
Rhode Island Council on the Arts
Governors’ Portrait Donation Fund
Statewide records management system account
SECTION 4. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and
Control" is hereby amended to read as follows:
(a) Within the department of administration there shall be a controller who shall be
appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be
responsible for accounting and expenditure control and shall be required to:
(1) Administer a comprehensive accounting and recording system that will classify the
transactions of the state departments and agencies in accordance with the budget plan;
(2) Maintain control accounts for all supplies, materials, and equipment for all departments
and agencies except as otherwise provided by law;
(3) Prescribe a financial, accounting, and cost accounting system for state departments and
agencies;
(4) Identify federal grant-funding opportunities to support the governor’s and general
assembly’s major policy initiatives and provide technical assistance with the application process
and post-award grants management;
(5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for
the application of federal grants;
(6) Pre-audit all state receipts and expenditures;
(7) Prepare financial statements required by the several departments and agencies, by the
governor, or by the general assembly;
(8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all
expenditures under authority of the legislative department and the judicial department by the state
controller shall be purely ministerial, concerned only with the legality of the expenditure and
availability of the funds, and in no event shall the state controller interpose his or her judgment
regarding the wisdom or expediency of any item or items of expenditure;
(9) Prepare and timely file, on behalf of the state, any and all reports required by the United
States, including, but not limited to, the Internal Revenue Service, or required by any department
or agency of the state, with respect to the state payroll; and
(10) Prepare a preliminary closing statement for each fiscal year. The controller shall
forward the statement to the chairpersons of the house finance committee and the senate finance
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
of the appropriations act, whichever is later. The report shall include but is not limited to:
(i) A report of all revenues received by the state in the completed fiscal year, together with
the estimates adopted for that year as contained in the final enacted budget, and together with all
deviations between estimated revenues and actual collections. The report shall also include cash
collections and accrual adjustments;
(ii) A comparison of actual expenditures with each of the actual appropriations, including
supplemental appropriations and other adjustments provided for in the Rhode Island general laws;
(iii) A statement of the opening and closing surplus in the general revenue account; and
(iv) A statement of the opening surplus, activity, and closing surplus in the state budget
reserve and cash stabilization account and the state bond capital fund.
(b) The controller shall provide supporting information on revenues, expenditures, capital
projects, and debt service upon request of the house finance committee chairperson, senate finance
committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.
(c) Upon issuance of the audited annual financial statement, the controller shall provide a
report of the differences between the preliminary financial report and the final report as contained
in the audited annual financial statement.
(d) The controller shall create a special fund not part of the general fund and shall deposit
amounts equivalent to all deferred contributions under this act into that fund. Any amounts
remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall
transfer such amounts into the retirement system as appropriate.
(e) Upon issuance of the audited financial statement, the controller shall transfer fifty
percent (50%) of all general revenues received in the completed fiscal year net of transfer to the
state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those
estimates adopted for that year as contained in the final enacted budget to the employees' retirement
system of the State of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to the
Supplemental State Budget Reserve Account as defined in § 35-3-20.2.
(e)(f) The controller shall implement a direct deposit payroll system for state employees.
(1) There shall be no service charge of any type paid by the state employee at any time
which shall decrease the net amount of the employee’s salary deposited to the financial institution
of the personal choice of the employee as a result of the use of direct deposit.
(2) Employees hired after September 30, 2014, shall participate in the direct deposit
system. At the time the employee is hired, the employee shall identify a financial institution that
will serve as a personal depository agent for the employee.
(3) No later than June 30, 2016, each employee hired before September 30, 2014, who is
not a participant in the direct deposit system, shall identify a financial institution that will serve as
a personal depository agent for the employee.
(4) The controller shall promulgate rules and regulations as necessary for implementation
and administration of the direct deposit system, which shall include limited exceptions to required
participation.
SECTION 5. Section 37-2-12 of the General Laws in Chapter 37-2 entitled “State
Purchases Act” is hereby amended to read as follows:
(a) All rights, powers, duties, and authority relating to the procurement of supplies,
services, and construction, and the management, control, warehousing, sale, and disposal of
supplies, services, and construction now vested in or exercised by any state agency under the
several statutes relating thereto are hereby transferred to the chief purchasing officer as provided
in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the
centralized purchasing of the state but the public agency, through its existing internal purchasing
function, shall adhere to the general principles, policies and practices set forth in this chapter.
(b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and
collect from state contractors, listed on master-price agreements, a statewide contract
administrative fee not to exceed one percent (1%) of the total value of the annual spend against a
contract awarded to a state contractor. All statewide contract administrative fees collected pursuant
to this subsection shall be deposited into a restricted-receipt account within the general fund
designated as the “division of purchases administrative-fee account” and shall be used for the
purposes of implementing technology for the submission and processing of bids, online vendor
registration, bid notification, and other costs related to state procurement. On or before January 15,
2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall
file a report with the governor, the speaker of the house, and the president of the senate detailing:
(i) The total amount of funds collected and deposited into the division of purchases
administrative-fee account for the most recently completed fiscal year;
(ii) The account balance as of the date of the report;
(iii) An itemization of all expenditures and other uses of said funds from said account for
the most recently completed fiscal year; and
(iv) An annual evaluation as to the appropriateness of the amount of the contract
administrative fee on master-price agreements.
(c) Subject to the approval of the director of the department of administration, the state
controller is authorized to offset any currently recorded outstanding liability on the part of
developmental disability organizations (DDOs) to repay previously authorized startup capital
advances against the proceeds from the sale of group homes within a fiscal year prior to any sale
proceeds being deposited into the information technology investment fund restricted receipt
account established pursuant to § 42-11-2.5(a).
SECTION 6. Section 37-7-15 of the General Laws in Chapter 37-7 entitled “Management
and Disposal of Property” is hereby amended to read as follows:
(a) Total annual proceeds from the sale of any land and the buildings and improvements
thereon, and other real property, title to which is vested in the state of Rhode Island or title to which
will be vested in the state upon completion of any condemnation or other proceedings, shall be
transferred to the information technology restricted receipt account (ITRR account) and made
available for the purposes outlined in § 42-11-2.5(a), unless otherwise prohibited by federal law.
(b) Provided, however, this shall not include proceeds from the sale of any land and the
buildings and improvements thereon that will be created by the relocation of interstate route 195,
which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified
in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis”
prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain
tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode
Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195,
Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1”
(c) Subject to the approval of the director of the department of administration, the state
controller is authorized to offset any currently recorded outstanding liability on the part of
developmental disability organizations (DDOs) to repay previously authorized startup capital
advances against the proceeds from the sale of group homes within a fiscal year prior to any sale
proceeds being deposited into the information technology investment fund.
SECTION 7. Section. 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled
"Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows:
(a) There is hereby created a special account in the intermodal surface transportation fund
as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.
(b) The fund shall consist of all those moneys that the state may, from time to time, direct
to the fund, including, but not necessarily limited to, moneys derived from the following sources:
(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than
those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid
by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each
subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)
each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30,
2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00)
from July 1, 2015, through June 30, 2016, and each year thereafter.
(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be
as set forth below and shall be paid in full in order to register the vehicle or truck and upon each
subsequent renewal:
Plate Type Surcharge
Antique $5.00
Farm $10.00
Motorcycle $13.00
(ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration
amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;
(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than
those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks
subject to annual registration, to be paid annually by each vehicle or truck owner in order to register
that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be
phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00)
from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30,
2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year
thereafter.
(i) For registrations of the following plate types, the surcharge shall be as set forth below
and shall be paid in full in order to register the plate, and upon each subsequent renewal:
Plate Type Surcharge
Boat Dealer $6.25
Cycle Dealer $6.25
In-transit $5.00
Manufacturer $5.00
New Car Dealer $5.00
Used Car Dealer $5.00
Racer Tow $5.00
Transporter $5.00
Bailee $5.00
(ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration
amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.
(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars
and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five
cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50)
from July 1, 2014, through June 30, 2015, and each year thereafter;
(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor
vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge
will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars
($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014,
through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and
each year thereafter. In the event that a license is issued or renewed for a period of less than five
(5) years, the surcharge will be prorated according to the period of time the license will be valid;
(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,
except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode
Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees
be transferred as follows:
(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;
(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;
(iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and
(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be
deposited;
(5) All remaining funds from previous general obligation bond issues that have not
otherwise been allocated.
(c) Effective July 1, 2019, ninety-five percent (95%) of all funds collected pursuant to this
section shall be deposited in the Rhode Island highway maintenance account and shall be used only
for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues
to partially offset cost of collections
(d) Unexpended balances and any earnings thereon shall not revert to the general fund but
shall remain in the Rhode Island highway maintenance account. There shall be no requirement that
monies received into the Rhode Island highway maintenance account during any given calendar
year or fiscal year be expended during the same calendar year or fiscal year.
(e) The Rhode Island highway maintenance account shall be administered by the director,
who shall allocate and spend monies from the fund only in accordance with the purposes and
procedures set forth in this chapter.
SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911
Emergency Telephone Number Act” is hereby amended to read as follows:
(a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence
and business telephone line or trunk, or path and data, telephony, internet, voice over internet
protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex
equivalent trunks and each line or trunk serving, and upon each user interface number or extension
number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not
exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private
branch exchange, or connecting to or from a customer-based or dedicated telephone switch site
(such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a
customer-based or dedicated central office (such as, but not exclusive of, a centrex system but
exclusive of trunks and lines provided to wireless communication companies) that can access to,
connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI
E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall
also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by
each telecommunication services provider at the inception of services and shall be payable to the
telecommunication services provider by the subscriber of the services.
(2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless
instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet
protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any
other wireless instrument, device, or means that has access to, connects with, or activates or
interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each
instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly
first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each
telecommunication services provider and shall be payable to the telecommunication services
provider by the subscriber. Prepaid wireless telecommunications services shall not be included in
this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone
system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the
general body of ratepayers this surcharge.
(b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18
of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of
computing the tax under chapter 13 of title 44.
(c) Each telephone common carrier and each telecommunication services provider shall
establish a special account to which it shall deposit on a monthly basis the amounts collected as
surcharges under this section.
(d) The money collected by each telecommunication services provider shall be transferred
within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice
over internet protocol (VoIP), satellite, computer, internet, or communications services in this state
and every month thereafter, to the division of taxation, together with the accrued interest. The E-
911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of
the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in
the general fund; provided, however, that ten percent (10%) of the money collected from the first
response surcharge shall be deposited in the information technology investment fund restricted
receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred
in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from
the date the money should have been transferred.
(e) Every billed subscriber-user shall be liable for any surcharge imposed under this section
until it has been paid to the telephone common carrier or telecommunication services provider. Any
surcharge shall be added to and shall be stated separately in the billing by the telephone common
carrier or telecommunication services provider and shall be collected by the telephone common
carrier or telecommunication services provider.
(f) Each telephone common carrier and telecommunication services provider shall annually
provide the E-911 uniform emergency telephone system division, or any other agency that may
replace it, with a list of amounts uncollected, together with the names and addresses of its
subscriber-users who can be determined by the telephone common carrier or telecommunication
services provider to have not paid the E-911 surcharge.
(g) Included within, but not limited to, the purposes for which the money collected from
the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction,
maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform
emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition,
upgrade, or modification of PSAP equipment to be capable of receiving E-911 information,
including necessary computer hardware, software, and database provisioning, addressing, and non-
recurring costs of establishing emergency services; network development, operation, and
maintenance; database development, operation, and maintenance; on-premise equipment
maintenance and operation; training emergency service personnel regarding use of E-911;
educating consumers regarding the operations, limitations, role, and responsible use of E-911;
reimbursement to telephone common carriers or telecommunication services providers of rates or
recurring costs associated with any services, operation, administration, or maintenance of E-911
services as approved by the division; reimbursement to telecommunication services providers or
telephone common carriers of other costs associated with providing E-911 services, including the
cost of the design, development, and implementation of equipment or software necessary to provide
E-911 service information to PSAPs, as approved by the division.
23 (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]
(i) Nothing in this section shall be construed to constitute rate regulation of wireless
communication services carriers, nor shall this section be construed to prohibit wireless
communication services carriers from charging subscribers for any wireless service or feature.
27 (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]
SECTION 9. Section 42-9-19 of the General Laws in Chapter 42-9 entitled "Department
of Attorney General" is hereby amended to read as follows:
(a) The attorney general is hereby authorized and empowered to accept in the name of the
state any settlement resulting from a multi-state initiative. The attorney general is additionally
authorized and empowered to recover attorney’s fees and costs that shall be considered settlement
proceeds for purposes of this chapter.
(b) The settlement proceeds shall be transferred to the general treasurer for deposit in the
general fund. The general treasurer shall transfer proceeds, up to seven hundred and fifty thousand
dollars ($750,000) in any fiscal year, to the “attorney general multi-state initiative restricted-receipt
account.” Any balance in excess of seven hundred and fifty thousand dollars ($750,000) remaining
in the account at the end of the fiscal year shall be transferred back to the state general fund. The
restricted-receipt account shall be used to pay for staff, operational, and litigation costs associated
with multi-state initiatives.
(c) Expenditure of all settlement proceeds accepted by the attorney general as part of the
terms of the relevant master settlement agreement shall be subject to the annual appropriation
process and approval by the general assembly.
SECTION 10. Chapter 42-9 of the General Laws entitled "Department of Attorney
General" is hereby amended by adding thereto the following section:
(a) There is hereby established a restricted receipt account within the Department of
Attorney General entitled "attorney general non-multi-state initiative restricted-receipt account."
Funds consisting of attorneys' fees previously recovered pursuant to the Distributors -- Rhode
Island Settlement Agreement resolving opioid-related claims against McKesson Corporation,
Cardinal Health, Inc., and/or AmerisourceBergen Corporation in the case State of Rhode Island v.
Purdue Pharma L.P. et al., CA No. PC-2018-4455, shall be deposited into this restricted receipt
account.
(b) The following funds shall also be deposited into this restricted receipt account:
(1) All future attorneys' fees recovered from the case referenced in subsection (a) of this
section; and
(2) Twenty percent (20%) of attorneys' fees recovered in other non-multi-state initiatives.
(c) This restricted receipt account shall be used to pay for staff and other operational
expenses of the Department.
(d) Expenditures from this restricted receipt account shall be subject to the annual
appropriation process and approval by the general assembly.
(e) All settlement proceeds from non-multi-state initiatives, except those deposited in this
restricted receipt account pursuant to this section, shall be deposited into the general fund.
SECTION 11. Sections 42-11-2.5, 42-11-2.6 and 42-11-2.8 of the General Laws in Chapter
42-11 entitled “Department of Administration” are hereby amended to read as follows:
(a) All sums from the sale of any land and the buildings and improvements thereon, and
other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-
7-15(c), shall be transferred to an information technology investment fund restricted-receipt
account (ITRR account) that is hereby established. This fund ITRR account shall consist of such
sums from the sale of any land and the buildings and improvements thereon, and other real property,
title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as
a share of first response surcharge revenues collected under the provisions of § 39-21.1-14. This
fund ITRR account may also consist of such sums as the state may from time to time appropriate;
as well as money received from the disposal of information technology equipmenthardware, loan,
interest, and service charge payments from benefiting state agencies; as well as interest earnings,
money received from the federal government, gifts, bequest, donations, or otherwise from any
public or private source. Any such funds shall be exempt from the indirect cost recovery provisions
of § 35-4-27.
(b)(1) This fund ITRR account shall be used for the purpose of acquiring information
technology improvements, including, but not limited to: hardware, software, consulting services,
and ongoing maintenance and upgrade contracts for state departments and agencies.
(c)(2) The division of enterprise technology strategy and service of the Rhode Island
department of administration shall adopt rules and regulations consistent with the purposes of this
chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement
of funds from this ITRR account.
(d)(3) For all requests for proposals that are issued for information technology projects, a
corresponding information technology project manager shall be assigned.
(b) There is also hereby established a special fund to be known as the large systems
initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered
by the chief information officer within the department of administration for the purpose of
implementing and maintaining enterprise-wide software projects for executive branch departments.
The LSI fund shall consist of such sums as the state may from time to time directly appropriate to
the LSI fund. After the completion of any project, the chief digital officer shall inform the state
controller of unexpended sums previously transferred to the LSI Fund for that project and the state
controller shall subsequently transfer any such unexpended funds to the information technology
restricted receipt account.
(c) For any new project initiated using sums expended from the LSI Fund, as part of its
budget submission pursuant to § 35-3-4 relative to state fiscal year 2025 and thereafter, the
department of administration shall include a statement of project purpose and the estimated project
cost.
(a) Within the department, division of enterprise technology strategy and services, there
shall be established the Office of Digital Excellence. The purposes of the office shall be to move
Rhode Island state government into the 21st century through the incorporation of innovation and
modern digital capabilities throughout state government and to leverage technology to expand and
improve the quality of services provided to Rhode Island citizens; to promote greater access to
government and the internet throughout cities and towns; and to position Rhode Island as a national
leader in e-government.
(b) Within the office, there shall be a chief digital officer who shall be appointed by the
director of administration with the approval of the governor and who shall be in the unclassified
service. The chief digital officer shall report to the director of administration and be required to:
(1) Manage the implementation of all new and mission-critical technology infrastructure
projects and upgrades for state agencies. The division of enterprise technology strategy and
services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day
operations of the state’s technology infrastructure, telecommunications, and associated
applications;
(2) Increase the number of government services that can be provided online in order to
allow residents and businesses to complete transactions in a more efficient and transparent manner;
(3) Improve the state’s websites to provide timely information to online users and as many
government services as possible online; and
(4) Establish, improve, and enhance the state’s use of social media and mobile
technological applications.
(c) The office shall coordinate its efforts with the division of enterprise technology strategy
and services in order to plan, allocate, and implement projects supported by the information
technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-
11-2.5(a) and the large systems initiatives fund (LSI fund) established pursuant to § 42-11-2.5(b).
(d) All intellectual property created as a result of work undertaken by employees of the
office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the
name of the state.
(e) The director of administration may promulgate rules and regulations recommended by
the chief digital officer in order to effectuate the purposes and requirements of this act.
(f) The chief digital officer shall report no later than January 31, 2013, and every January
31 thereafter, to the governor, the speaker of the house of representatives, and the senate president
regarding the implementation status of all technology infrastructure projects; website
improvements; number of e-government transactions and revenues generated; projects supported
by the information technology investment fund; and all other activities undertaken by the office.
The report shall also include planned use for projects related to public safety communications and
emergency services, recommendations on the development of and opportunities for shared
implementation and delivery of these services among municipalities, and strategies for such shared
services. The annual report shall be posted on the office’s website.
(a) Established. Within the department there shall be established the division of enterprise
technology strategy and service (ETSS), which shall include the office of information technology,
the office of digital excellence (ODE), and the office of library and information services (OLIS).
Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee and
manage the division and shall be appointed by the director of administration. Any prior reference
in statute to the division of information technology shall now mean ETSS. The chief digital officer
shall supervise the state’s chief information officer, chief technology officer, chief information
security officer, the directors of information technology, and all associated employees. The chief
digital officer may promulgate rules and regulations in order to effectuate the purposes and
requirements of this act.
(b) Purposes; duties. The purposes of ETSS shall be to align existing and future technology
platforms, along with technical expertise, across the agencies of the executive branch. ETSS shall
be responsible for managing and consolidating the strategy and budgets of the division, including
the office of information technology, the office of library and information services and the office
of digital excellence, and the information technology investment fund. The focus of ETSS will be
to lead the strategic technology decisions and efforts across all of the executive branch state
agencies; identify opportunities to implement technology solutions across state agencies to prevent
duplication of systems and effort; as well as effectively support these solutions in an efficient
manner. ETSS shall have the following duties:
(1) Manage the implementation of all new and mission-critical technology infrastructure
projects and upgrades for state agencies. The office of information technology, under ETSS, shall
manage and support all day-to-day operations of the state’s technology infrastructure,
telecommunications, and associated applications;
(2) Manage the office of digital excellence in order to ensure that large-scale technology
projects are delivered in a timely manner in accordance with accepted best-industry practices;
(3) To oversee the chief of library services and the office of library and information services
to ensure that this office fulfills its statutory duties in an effective manner;
(4) Coordinate efforts with the director of administration in order to plan, allocate, and
implement projects supported by the information technology investment fund restricted receipt
account (ITRR account) established pursuant to § 42-11-2.5(a) and the large systems initiatives
fund (LSI fund) established pursuant to § 42-11-2.5(b);
(5) Supervise all intellectual property created as a result of work undertaken by employees
of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents
applied for shall be in the name of the state.
(c) Reporting. The chief digital officer shall annually report no later than January 31 to the
governor, the speaker of the house of representatives, and the senate president regarding the
implementation status of all technology infrastructure projects; website improvements; number of
e-government transactions and revenues generated; projects supported by the information
technology investment fund; and all other activities undertaken by the division. The annual report
shall be posted on the ETSS website.
SECTION 12. This article shall take effect upon passage.
art.003/11/003/10/003/9/003/8/003/7/003/6/003/5/003/4/003/3/003/2/003/1
=======
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
SECTION 1. Section 21-36-3 of the General Laws in Chapter 21-36 entitled “The
Interagency Food & Nutrition Policy Advisory Council Act” is hereby amended to read as follows:
There shall be an inter-agency food and nutrition policy advisory council which shall
consist of seven (7) nine (9) members: the director of health, or his or her designee; the director of
environmental management, or his or her designee; the director of administration, or his or her
designee; the director of the department of human services, or his or her designee; the director of
the office of healthy aging, or his or her designee; the director of the department of corrections, or
his or her designee; the secretary of commerce, or his or her designee; the director of the department
of children, youth & families, or his or her designee; and the commissioner of elementary and
secondary education, or his or her designee. The members of the commission shall elect a
chairperson from among themselves.
SECTION 2. Section 24-8-27 of the General Laws in Chapter 24-8 entitled “Construction
and Maintenance of State Roads” is hereby amended to read as follows:
(a) The word “bridge” as used in this chapter shall be a structure including supports erected
over a depression or an obstruction, such as water, highway, or railway, and having a track or
passageway for carrying traffic or other moving loads, and having an opening measured along the
center of the roadway of eight (8) feet or more between under copings of abutments, spring lines
of arches, or the extreme ends of openings for multiple boxes; it also includes single or multiple
pipes where the clear distance between openings of multiple pipes is less than half of the smaller
contiguous opening. any structure not less than five feet (5′) in width. Any structure less than five
feet (5′) in width lying in any highway now being or hereafter becoming a part of the state highway
system shall be constructed, repaired or reconstructed at the expense of the state.
(b) The State will be responsible for the following related to bridges, as defined above:
(1) Reporting of inspection and load rating findings for National Bridge Inventory (NBI)
bridges on all roadways.
(2) Construction and maintenance costs of:
(i) Bridges on state owned roads
(ii) Structures less than eight (8) feet on State roads
(ii) Other state-owned structures unless otherwise agreed upon.
(c) The State is not responsible for construction or maintenance costs for bridges or smaller
structures it does not own.
(d) Performing inspections or load ratings on any bridge or structures less than eight (8)
feet by the State for public safety does not constitute ownership or responsibility of the structure.
SECTION 3. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of
Veterans" is hereby amended to read as follows:
(a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph
H. Ladd school in the town of Exeter, shall be under the management and control of the director of
the department of human services. The director of the department of human services shall appoint
an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably
discharged veteran of the United States Armed Forces and shall have the general supervision over,
and shall prescribe rules for, the government and management of the cemetery. He or she shall
make all needful rules and regulations governing the operation of the cemetery and generally may
do all things necessary to ensure the successful operation thereof. The director shall promulgate
rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the
eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all persons
eligible for burial pursuant to rules and regulations established by the director, any person who
served in the army, navy, air force, or marine corps of the United States for a period of not less than
two (2) years and whose service was terminated honorably, shall be eligible for burial in the Rhode
Island veterans’ memorial cemetery. The director shall appoint and employ all subordinate officials
and persons needed for the proper management of the cemetery. National guard members who are
killed in the line of duty or who are honorably discharged after completion of at least twenty (20)
six (6) years’ of service in the Rhode Island national guard and/or reserve and their spouse shall be
eligible for interment in the Rhode Island veterans’ memorial cemetery. National guard members
and/or reservists who are honorably discharged after completion of at least six (6) years of service
with another state, and who are a Rhode Island resident for at least two (2) consecutive years
immediately prior to death, shall be eligible, along with their spouse, for interment in the Rhode
Island veterans’ memorial cemetery. For the purpose of computing service under this section,
honorable service in the active forces or reserves shall be considered toward the twenty (20) six (6)
years of national guard service. The general assembly shall make an annual appropriation to the
department of human services to provide for the operation and maintenance for the cemetery. The
director shall charge and collect a grave liner fee per interment of the eligible spouse and/or eligible
dependents of the qualified veteran, national guard member and/or reservist equal to the
department’s cost for the grave liner.
(b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’
memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing
ear signal dogs or any other service animal, as required by federal law or any personal assistance
animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section
shall be subject to a fine of not less than five hundred dollars ($500).
(c) The state of Rhode Island office of veterans services shall bear the cost of all tolls
incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from
Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The
executive director of the turnpike and bridge authority shall assist in the administration and
coordination of this toll reimbursement program.
SECTION 4. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit
System" is hereby amended to read as follows:
(a) In the month of March of each year, the department of administration shall conduct a
public hearing to determine salaries to be paid to directors of all state executive departments and
secretaries serving as the head of any state executive department or executive office, including but
not limited to, the secretary of the executive office of health and human services, the secretary of
commerce and the secretary of housing for the following year, at which hearing all persons shall
have the opportunity to provide testimony, orally and in writing. In determining these salaries, the
department of administration will take into consideration the duties and responsibilities of the
aforenamed officers, as well as such related factors as salaries paid executive positions in other
states and levels of government, and in comparable positions anywhere that require similar skills,
experience, or training. Consideration shall also be given to the amounts of salary adjustments made
for other state employees during the period that pay for directors and secretaries was set last.
(b) Each salary determined by the department of administration will be in a flat amount,
exclusive of such other monetary provisions as longevity, educational incentive awards, or other
fringe additives accorded other state employees under provisions of law, and for which directors
and secretaries are eligible and entitled.
(c) In no event will the department of administration lower the salaries of existing directors
and secretaries during their term of office.
(d) Upon determination by the department of administration, the proposed salaries of
directors and secretaries will be referred to the general assembly by the last day in April of that
year to go into effect thirty (30) days hence, unless rejected by formal action of the house and the
senate acting concurrently within that time.
(e) Notwithstanding the provisions of this section, for 2022 only, the time period for the
department of administration to conduct the public hearing shall be extended to September and the
proposed salaries shall be referred to the general assembly by October 30. The salaries may take
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.]
(g) Notwithstanding the provisions of this section or any law to the contrary, for 2023 only,
the salary of the director of the department of children, youth and families shall be determined by
the governor.
SECTION 5. Sections 35-1.1-3 and 35-1.1-9 of the General Laws in Chapter 35-1.1 entitled
"Office of Management and Budget" are hereby amended to read as follows:
(a) Within the department of administration there shall be a director of management and
budget who shall be appointed by the director of administration with the approval of the governor.
The director shall be responsible to the governor and director of administration for supervising the
office of management and budget and for managing and providing strategic leadership and direction
to the budget officer, the performance management office, and the federal grants management
office.
(b) The director of management and budget shall be responsible to:
(1) Oversee, coordinate, and manage the functions of the budget officer as set forth by
chapter 3 of this title; program performance management as set forth by § 35-3-24.1; approval of
agreements with federal agencies defined by § 35-3-25; and budgeting, appropriation, and receipt
of federal monies as set forth by chapter 41 of title 42;
28 (2) [Deleted by P.L. 2019, ch. 88, art. 4, § 9];
(3) Oversee the director of regulatory reform as set forth by § 42-64.13-6;
(4) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1; and
(5) Undertake a comprehensive review and inventory of all reports filed by the executive
office and agencies of the state with the general assembly. The inventory should include, but not
be limited to: the type, title, and summary of reports; the author(s) of the reports; the specific
audience of the reports; and a schedule of the reports’ release. The inventory shall be presented to
the general assembly as part of the budget submission on a yearly basis. The office of management
and budget shall also make recommendations to consolidate, modernize the reports, and to make
recommendations for elimination or expansion of each report.; and
(6) Conduct, with all necessary cooperation from executive branch agencies, reviews,
evaluations, and assessments on process efficiency, operational effectiveness, budget and policy
objectives, and general program performance.
(a) The departments and other agencies of the state of the executive branch that have not
been assigned to the executive office of management and budget under this chapter shall assist and
cooperate with the executive office as may be required by the governor and/or requested by the
director of management and budget, this. This assistance may include, but not be limited to,
providing analyses and related backup documentation and information, organizational charts and/or
process maps, contractual deliverables, and utilizing staff resources from other departments or
agencies for special projects within a defined period of time to improve processes or performance
within agencies and/or lead to cost savings.
(b) Within thirty (30) days following the date of the issuance of a final audit report
completed pursuant to subdivision 35-1.1-2(6), the head of the department, agency or private entity
audited shall respond in writing to each recommendation made in the final audit report. This
response shall address the department’s, agency’s or private entity’s plan of implementation for
each specific audit recommendation and, if applicable, the reasons for disagreement with any
recommendation proposed in the audit report. Within one year following the date on which the
audit report was issued, the office may perform a follow-up audit for the purpose of determining
whether the department, agency or private entity has implemented, in an efficient and effective
manner, its plan of action for the recommendations proposed in the audit report.
SECTION 6. Sections 35-3-17.1 and 35-3-24.1 of the General Laws in Chapter 35-3
entitled “State Budget” are hereby amended to read as follows:
The several state departments, agencies, and public authorities and corporations shall
submit to the fiscal advisors of the house and senate, statements of financial conditions and
operations within thirty (30) days of the close of each of the first three (3) fiscal quarters of each
year. The statements shall include, at a minimum:
(1) Account numbers;
(2) Allotments;
(3) Expenditures to-date;
(4) Estimated expenditures to complete the fiscal year; and
(5) Surplus or deficiency projections.
(6) Progress on any corrective action plans per the most recent annual findings of the
auditor general.
(a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as part
of each budget submitted to the general assembly pursuant to § 35-3-7, performance objectives for
each program in the budget for the ensuing fiscal year, estimated performance data for the fiscal
year in which the budget is submitted, and actual performance data for the preceding two (2)
completed fiscal years. Performance data shall include efforts at achieving equal opportunity hiring
goals as defined in the department’s annual affirmative action plan. The governor shall, in addition,
recommend appropriate standards against which to measure program performance. Performance in
prior years may be used as a standard where appropriate. These performance standards shall be
stated in terms of results obtained.
(b) The governor may submit, in lieu of any part of the information required to be submitted
pursuant to subsection (a), an explanation of why the information cannot, as a practical matter be
submitted.
(c)(1) The office of management and budget shall be responsible for managing and
collecting program performance measures on behalf of the governor. The office is authorized to
conduct performance reviews and audits of agencies to determine progress towards achieving
performance objectives for programs the manner and extent to which executive branch agencies
achieve intended objectives and outcomes.
(2) In order to collect performance measures from agencies, review performance and
provide recommendations the office of budget and management is authorized to coordinate with
the office of internal audit regarding the findings and recommendations that result from audits
conducted by the office.
(3) In order to facilitate the office of management and budget’s performance reviews,
agencies must generate and provide timely access to records, reports, analyses, audits, reviews,
documents, papers, recommendations, contractual deliverables, or other materials available relating
to agency programs and operations.
(4) In order to ensure alignment of executive branch agency operations with the state’s
priorities, the office of management and budget may produce, with all necessary cooperation from
executive branch agencies, analyses and recommendations to improve program performance,
conduct evidence-based budgeting, and respond to sudden shifts in policy environments.
(5) In order to gain insight into performance or outcomes and inform policymaking and
program evaluation, the office of management and budget may lead, manage, and/or coordinate
interagency and cross-system collaboration or integration initiatives.
SECTION 7. Section 37-14.1-6 of the General Laws in Chapter 14.1 titled “Minority
Business Enterprise” is hereby amended to read as follows:
37-14.1-6. Minority business enterprise participation.
(a) Minority business enterprises shall be included in all procurements and construction
projects under this chapter and shall be awarded a minimum of ten percent (10%) fifteen percent
(15%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%),
minority business enterprises owned and controlled by a minority owner, as defined in § 37-14.1-
3, shall be awarded a minimum of seven- and one-half percent (7.5%), and minority business
enterprises owned and controlled by a woman shall be awarded a minimum of seven- and one-half
percent (7.5%). Annually, by October 1, the department of administration shall submit a report to
the general assembly on the status of achieving the aforementioned participation requirements in
the most recent fiscal year. The director of the department of administration is further authorized
to establish by rules and regulation the certification process and formulas for giving minority
business enterprises a preference in contract and subcontract awards.
(b) Any minority business enterprise currently certified by the U.S. Small Business
Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by
the department of administration as a minority business enterprise and shall only be required to
submit evidence of federal certification of good standing.
(c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited
to, during a declared state of emergency.
(d) The State of Rhode Island will arrange for a disparity study to evaluate the need for the
development of programs to enhance the participation in state contracts of business enterprises
owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025.
SECTION 8. Section 42-28-25 of the General Laws in Chapter 42-28 entitled “State
Police” is hereby amended to read as follows:
(a) Within the Rhode Island state police there is hereby created and established a state and
municipal police training school.
(b) The superintendent of the state police shall have supervision of the state and municipal
police training academy and shall establish standards for admission and a course of training. The
superintendent shall report to the governor and general assembly a plan for a state and municipal
police training academy on or before December 31, 1993. The superintendent shall, in consultation
with the Police Chiefs' Association and the chairperson of the Rhode Island commission on
standards and training make all necessary rules and regulations relative to the admission, education,
physical standards and personal character of the trainees and such other rules and regulations as
shall not be inconsistent with law.
(c) Applicants to the state and municipal police training academy shall pay an application
fee in the amount of fifty dollars ($50.00); provided, however, the superintendent may waive such
application fee if payment thereof would be a hardship to the applicant.
(d) Trainees shall pay to the division an amount equal to the actual cost of meals consumed
at the state police and municipal police training academy and the actual cost of such training
uniforms which remain the personal property of the trainees.
(e) All fees and payments received by the division pursuant to this section shall be
deposited as general revenues.
SECTION 9. Section 42-56-20.2 of the General Laws in Chapter 42-56 entitled
“Corrections Department” is hereby amended to read as follows:
(a) Persons subject to this section. Every person who shall have been adjudged guilty of
any crime after trial before a judge, a judge and jury, or before a single judge entertaining the
person’s plea of nolo contendere or guilty to an offense (“adjudged person”), and every person
sentenced to imprisonment in the adult correctional institutions (“sentenced person”) including
those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult
correctional institutions (“detained person”) who meets the criteria set forth in this section shall be
subject to the terms of this section except:
(1) Any person who is unable to demonstrate that a permanent place of residence (“eligible
residence”) within this state is available to that person; or
(2) Any person who is unable to demonstrate that he or she will be regularly employed, or
enrolled in an educational or vocational training program within this state, and within thirty (30)
days following the institution of community confinement; or
(3)(i) Any adjudged person or sentenced person or detained person who has been
convicted, within the five (5) years next preceding the date of the offense for which he or she is
currently so adjudged or sentenced or detained, of a violent felony.
A “violent felony” as used in this section shall mean any one of the following crimes or an
attempt to commit that crime: murder; manslaughter; sexual assault; mayhem; robbery; burglary;
assault with a dangerous weapon; assault or battery involving serious bodily injury; arson; breaking
and entering into a dwelling; child molestation; kidnapping; DWI resulting in death or serious
injury; or driving to endanger resulting in death or serious injury; or
(ii) Any person currently adjudged guilty of or sentenced for or detained on any capital
felony; or
(iii) Any person currently adjudged guilty of or sentenced for or detained on a felony
offense involving the use of force or violence against a person or persons. These shall include, but
are not limited to, those offenses listed in subsection (a)(3)(i) of this section; or
(iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or
possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or
possession of a certain enumerated quantity of a controlled substance in violation of § 21-28-4.01.1
or § 21-28-4.01.2; or
(v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense
involving the illegal possession of a firearm.
(b) Findings prior to sentencing to community confinement. In the case of adjudged
persons, if the judge intends to impose a sentence of community confinement, he or she shall first
make specific findings, based on evidence regarding the nature and circumstances of the offense
and the personal history, character, record, and propensities of the defendant that are relevant to the
sentencing determination, and these findings shall be placed on the record at the time of sentencing.
These findings shall include, but are not limited to:
(1) A finding that the person does not demonstrate a pattern of behavior indicating a
propensity for violent behavior;
(2) A finding that the person meets each of the eligibility criteria set forth in subsection (a)
of this section;
(3) A finding that simple probation is not an appropriate sentence;
(4) A finding that the interest of justice requires, for specific reasons, a sentence of non-
institutional confinement; and
(5) A finding that the person will not pose a risk to public safety if placed in community
confinement.
The facts supporting these findings shall be placed on the record and shall be subject to
review on appeal.
(c) Community confinement.
(1) There shall be established within the department of corrections, a community
confinement program to serve that number of adjudged persons, sentenced persons, and detainees,
that the director of the department of corrections (“director”) shall determine on or before July 1 of
each year. Immediately upon that determination, the director shall notify the presiding justice of
the superior court of the number of adjudged persons, sentenced persons, and detainees that can be
accommodated in the community confinement program for the succeeding twelve (12) months.
One-half (½) of all persons sentenced to community confinement shall be adjudged persons, and
the balance shall be detainees and sentenced persons. The director shall provide to the presiding
justice of the superior court and the family court on the first day of each month a report to set forth
the number of adjudged persons, sentenced persons, and detainees participating in the community
confinement program as of each reporting date. Notwithstanding any other provision of this section,
if on April 1 of any fiscal year less than one-half (½) of all persons sentenced to community
confinement shall be adjudged persons, then those available positions in the community
confinement program may be filled by sentenced persons or detainees in accordance with the
procedures set forth in subsection (c)(2) of this section.
(2) In the case of inmates other than those classified to community confinement under
subsection (h) of this section, the director may make written application (“application”) to the
sentencing judge for an order (“order”) directing that a sentenced person or detainee be confined
within an eligible residence for a period of time, which in the case of a sentenced person, shall not
exceed the term of imprisonment. This application and order shall contain a recommendation for a
program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3),
(b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may
contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing
on this application shall be held within ten (10) business days following the filing of this
application. If the sentencing judge is unavailable to hear and consider the application the presiding
justice of the superior court shall designate another judge to do so.
(3) In lieu of any sentence that may be otherwise imposed upon any person subject to this
section, the sentencing judge may cause an adjudged person to be confined within an eligible
residence for a period of time not to exceed the term of imprisonment otherwise authorized by the
statute the adjudged person has been adjudged guilty of violating.
(4) With authorization by the sentencing judge, or, in the case of sentenced persons
classified to community confinement under subsection (h) of this section by the director of
corrections, or in accordance with the order, persons confined under the provisions of this chapter
may be permitted to exit the eligible residence in order to travel directly to and from their place of
employment or education or training and may be confined in other terms or conditions consistent
with the basic needs of that person that justice may demand, including the right to exit the eligible
residence to which that person is confined for certain enumerated purposes such as religious
observation, medical and dental treatment, participation in an education or vocational training
program, and counseling, all as set forth in the order.
(d) Administration.
(1) Community confinement. The supervision of persons confined under the provisions
of this chapter shall be conducted by the director, or his or her designee.
(2) Intense surveillance. The application and order shall prescribe a program of intense
surveillance and supervision by the department of corrections. Persons confined under the
provisions of this section shall be subject to searches of their persons or of their property when
deemed necessary by the director, or his or her designee, in order to ensure the safety of the
community, supervisory personnel, the safety and welfare of that person, and/or to ensure
compliance with the terms of that person’s program of community confinement; provided,
however, that no surveillance, monitoring or search shall be done at manifestly unreasonable times
or places nor in a manner or by means that would be manifestly unreasonable under the
circumstances then present.
(3) The use of any electronic surveillance or monitoring device which is affixed to the body
of the person subject to supervision is expressly prohibited unless set forth in the application and
order or, in the case of sentenced persons classified to community confinement under subsection
(h), otherwise authorized by the director of corrections.
(4) Regulatory authority. The director shall have full power and authority to enforce any
of the provisions of this section by regulation, subject to the provisions of the Administrative
Procedures Act, chapter 35 of this title. Notwithstanding any provision to the contrary, the
department of corrections may contract with private agencies to carry out the provisions of this
section. The civil liability of those agencies and their employees, acting within the scope of their
employment, and carrying out the provisions of this section, shall be limited in the same manner
and dollar amount as if they were agencies or employees of the state.
(e) Violations. Any person confined pursuant to the provisions of this section, who is found
to be a violator of any of the terms and conditions imposed upon him or her according to the order,
or in the case of sentenced persons classified to community confinement under subsection (h),
otherwise authorized by the director of corrections, this section, or any rules, regulations, or
restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification
deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person,
upon conviction, shall be subject to an additional term of imprisonment of not less than one year
and not more than twenty (20) years. However, it shall be a defense to any alleged violation that
the person was at the time of the violation acting out of a necessary response to an emergency
situation. An “emergency situation” shall be construed to mean the avoidance by the defendant of
death or of substantial personal injury, as defined above, to him or herself or to others.
(f) Costs. Each person confined according to this section shall reimburse the state for the
costs or a reasonable portion thereof incurred by the state relating to the community confinement
of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall
be assessed by the director prior to the expiration of that person’s sentence. Once assessed, those
costs shall become a lawful debt due and owing to the state by that person. Monies received under
this section shall be deposited as general funds.
(g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions
of this section are hereby declared to be severable from the whole, and a declaration of
unenforceability or unconstitutionality of any portion of this section, by a judicial court of
competent jurisdiction, shall not affect the portions remaining.
(h) Sentenced persons approaching release. Notwithstanding the provisions set forth
within this section, any sentenced person committed under the direct care, custody, and control of
the adult correctional institutions, who is within one (1) year of the projected good time release
date, provided that the person shall have completed at least one-half (½) of the full term of
incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration,
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
provision shall not apply to any person whose current sentence was imposed upon conviction of
murder, first degree sexual assault or first degree child molestation.
(i) Persons sentenced to life without parole with a serious health condition.
Notwithstanding the provisions set forth within this section, any person sentenced to life without
parole committed under the direct care, custody, and control of the adult correctional institutions,
who has a condition that renders him or her confined to a medical facility and who is sufficiently
physically, mentally or otherwise disabled that the presence of correctional officers provides no
additional safety to the public or the personnel caring for them in that facility, may, in the discretion
of the director of corrections, be classified to community confinement in a medical facility with an
electronic surveillance and/or monitoring device. In consultation with medical professionals, such
an individual shall be removed from community confinement in a medical facility, if their medical
condition improves or resolves to a degree that the presence of correctional officers does enhance
the safety of the public and/or the personnel caring for them in that facility and be subject to a return
to the adult correctional institutions.
(i)(j) Notification to police departments. The director, or his or her designee, shall notify
the appropriate police department when a sentenced, adjudged or detained person has been placed
into community confinement within that department’s jurisdiction. That notice will include the
nature of the offense and the express terms and conditions of that person’s confinement. That notice
shall also be given to the appropriate police department when a person in community confinement
within that department’s jurisdiction is placed in escape status.
(j)(k) No incarceration credit for persons awaiting trial. No detainee shall be given
incarceration credit by the director for time spent in community confinement while awaiting trial.
(k)(l) No confinement in college or university housing facilities. Notwithstanding any
provision of the general laws to the contrary, no person eligible for community confinement shall
be placed in any college or university housing facility, including, but not limited to, dormitories,
fraternities or sororities. College or university housing facilities shall not be considered an “eligible
residence” for “community confinement.”
(l)(m) A sentencing judge shall have authority to waive overnight stay or incarceration at
the adult correctional institution after the sentencing of community confinement. The waiver shall
be binding upon the adult correctional institution and the staff thereof, including, but not limited to
the community confinement program.
SECTION 10. Title 42 of the General Laws entitled “State Affairs and Government” is
hereby amended by adding thereto the following chapter:
CHAPTER 42-165
RHODE ISLAND LONGITUDINAL DATA SYSTEM ACT
This chapter shall be known and may be cited as the “Rhode Island Longitudinal Data
System Act.”
25 42-165-2. Findings.
(a) Purpose. The Rhode Island Longitudinal Data System (RILDS) is Rhode Island’s
statewide longitudinal data system that integrates and links individual or unit-level data. The
purpose of the RILDS is to connect data across sectors over time to support research aligned with
the state’s priorities; inform policymaking and program evaluation; and improve the well-being of
all Rhode Islanders.
(b) The general assembly finds and declares that:
(1) The state is committed to maintaining a longitudinal data system that the public,
researchers, and policymakers can use to analyze and assess Rhode Islanders’ aggregate progress
from early learning programs through postsecondary education and into employment; and
(2) A national collaborative effort among federal and state policymakers, state officials,
and national education organizations have defined the essential components of a statewide
longitudinal data system; and
(3) The RI DataHUB is the state education and workforce longitudinal data system, aligned
to the U.S. Department of Education’s Statewide Longitudinal Data System (SLDS) grant program
and the U.S. Department of Labor’s Workforce Data Quality Initiative grant program.
For the purpose of this chapter, the following terms shall have the following meanings
unless the context clearly requires otherwise:
(1) “Participating agency” means the Rhode Island department of education, the office of
the postsecondary commissioner, the Rhode Island department of labor and training, and any
agency that has executed a memorandum of understanding for recurring participation in the Rhode
Island longitudinal data system.
(2) “Rhode Island Longitudinal Data System” (RILDS) formerly known as the RI
DataHUB operated by DataSpark, is the current statewide longitudinal data system and will be
located for budgetary purposes in the office of the postsecondary commissioner.
(3) “Rhode Island Longitudinal Data System Center” (Center) is comprised of the current
entity known as DataSpark and whatever other resources as necessary to accomplish the powers
and duties prescribed herein.
(4) “Statewide integrated data system” or “integrated data system” or “IDS” means an
individual-, family- or unit-level data system that links and integrates records from state data sets
from all major education, economic, health, human service, labor and public safety programs.
(5) “Statewide longitudinal data system” or “longitudinal data system” or “SLDS” means
an individual- or unit-level data system that links and integrates records from state datasets
including but not limited to early childhood and prekindergarten, through elementary, secondary,
and postsecondary education, and into the workforce from participating agencies and entities.
(6) “State and federal privacy laws” means all applicable state and federal privacy laws
and accompanying regulations, including but not limited to the Federal Family Educational Rights
and Privacy Act and its accompanying regulations (“FERPA”), Health Insurance Probability and
Accountability Act (“HIPAA”), R.I. Gen. Laws § 28-42-38, 20 CFR 603.1 et seq., and any other
privacy measures that apply to the personally identifiable information that is used by the center
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
and is granted and authorized to use all the powers set forth in this chapter.
(b) Functions The RILDS shall:
(1) Transmit, store, enable access to, permit the use, and dispose of linked data and
information in accordance with the National Institute of Standards and Technology (NIST)
Cybersecurity Framework and associated NIST 800-53 security controls commensurate with data
sensitivity level and in accordance with all applicable state and privacy laws and state security
policies;
(2) Serve as a central repository of the state’s inter-agency, longitudinal, linked data;
(3) Enable the integration, linkage, and management of information;
(4) Report on and provide public access to aggregate data to, among other things, address
inequities in access, opportunities, and outcomes and improve student and educator decision-
making;
(5) Provide clarity to university and other researchers on the process to request data and
what data is available to request; and
(6) Nothing in this chapter shall negate or otherwise adversely affect the validity and legal
enforceability of any existing data sharing and/or research agreements executed between and
among the states’ participating agencies and the state’s statewide longitudinal data system.
(a) Composition of board. The RILDS will be governed by the Rhode Island longitudinal
data system governing board (the board).
(1) The board shall be composed of:
(i) The director of the department of administration or designee who serves as one co-chair;
(ii) Director of any participating agencies as described in § 42-165-3 and § 42-165-6, or
their designee;
(iii) The director of the office of management and budget or designee;
(iv) The chief digital officer or designee; and
(v) The director of the center, as set forth in § 42-165-7.
(vi) the secretary of health and human services or designee; and
(vii) the commissioner of postsecondary education who serves as one co-chair.
(2) The board shall be overseen by two co-chairs. As co-chair, the director of
administration or designee shall be responsible for overseeing and directing the policy duties and
responsibilities of the board. The other co-chair shall be the commissioner of postsecondary
education who shall be responsible for overseeing, supervising, and directing the operational duties
of the center and its personnel.
(b) Powers and Duties. The board shall:
(1) In consultation with the center and in accordance with federal and state privacy law,
approve policies regarding how data requests from state and local agencies, the Rhode Island
general assembly, universities, third-party researchers, and the public will be managed;
(2) In consultation with the center, approve policies regarding the publishing of reports and
other information that should be available to public stakeholders;
(3) Approve standards implemented by the center for the security, privacy, access to, and
confidentiality of data, including policies to comply with the Family Education Rights and Privacy
Act, Health Insurance Probability and Accountability Act, R.I. Gen. Laws § 28-42-38, 20 CFR
603.1 et seq. and any other privacy measures, as required by law, state policy or the board;
(4) Perform other functions that are necessary to ensure the successful continuation,
management, and expansion of the RILDS;
(5) Establish a data governance committee to work with the center on an ongoing basis to
among other responsibilities, approve data requests;
(6) Oversee and collaborate with the data governance committee and the center as set forth
16 in § 42-165-7; and
(7) By November 1, 2023, provide a plan to the Governor, the House and the Senate on
how to establish a statewide integrated data system. The plan should consider elements such as:
(i) the role an IDS can play in improving the operation of programs; reduce fraud, waste,
and abuse and establishing a state culture of program evaluation;
(ii) providing state agencies with evaluation services and providing state analysts access to
data based on their role;
(iii) providing researchers with access to state data;
(iv) the importance of data privacy and security;
(v) the importance of public transparency and the role of the state transparency portal;
(vi) the creation of a state chief data officer;
(vii) sustainable funding and governance for the IDS;
(viii) the role of data federation; and
(ix) the timeline for implementing the IDS.
(a) Participating agencies shall transfer data, as applicable, to the RILDS in accordance
with the data security policies as approved by the board, and pursuant to the requirements of state
and federal privacy laws and policies.
(b) Any agencies providing data on a recurring basis to the RILDS shall provide a
representative to the board and be governed in the same manner as the initial agencies and entities
and shall be subject to applicable board policies.
(a) Purpose. The purpose of the center is to manage and operate the RILDS and conduct
research and evaluate programs regarding federal, state, and local programs and policies. The center
shall be managed by an executive director (hereafter the “director”) responsible for the daily
management and operations of the center. The director will also be responsible for interfacing and
collaborating between the board and the data governance committee, as well as external
communications and agreements. The director shall be a non-classified employee of the council on
postsecondary education under the supervision of and subject to the authority of the commissioner
of postsecondary education.
(b) Powers and Duties.
The duties of the center shall be to:
(1) Act as an authorized representative, research partner, and business associate of the
state’s agencies, including those responsible for education and workforce, under and in accordance
with the requirements of applicable federal and state statutes and/or state and federal privacy laws
and state security policies;
(2) Enter into memoranda of understanding with state agencies, non-profits, universities,
subnational governments, and other entities for the purposes of data sharing and analysis;
(3) Coordinate with participating agencies and other entities to ensure the integrity and
quality of data being collected, including implementing the data quality and metadata policies
approved by the board;
(4) Advance research and allow policymakers to explore critical research policy questions
and to measure investments in education and workforce development;
(5) In consultation with the board, identify the state’s critical research and policy questions;
(6) Provide analysis and reports that assist with evaluating programs and measuring
investments, subject to the policies approved by the board;
(7) Implement policies and procedures approved by the board that govern the security,
privacy, access to, and confidentiality of the data, in accordance with relevant federal and state
privacy laws;
(8) Ensure that information contained in and available through the RILDS is kept secure,
and that individual privacy is protected, and maintain insurance coverage;
(9) Respond to approved research data requests in accordance with the policies and
procedures approved by the board;
(10) Enter into contracts or other agreements with appropriate entities, including but not
limited to universities, and federal, state, and local agencies, to the extent necessary to carry out its
duties and responsibilities only if such contracts or agreements incorporate adequate protections
with respect to the privacy and security of any information to be shared, and are approved, in
writing, by the applicable agency whose data or information is to be shared, and are allowable
under applicable state and federal privacy laws; and
(11) Maintain staff necessary to carry out the above duties as provided for in the state
budget. Staff at the center shall be non-classified employees of the council on postsecondary
education, under the supervision of and subject to the authority of the commissioner of
postsecondary education. The non-SLDS activity of the center shall also be under the supervision
and authority of the commissioner of postsecondary education and the council on postsecondary
education. The council on postsecondary education, its office of the postsecondary commissioner,
and its employees shall be included under the limitation of damages for tort liability for the State
set out in §§ 9-31-1 et seq., for all actions involving the center regarding the RILDS and/or SLDS
and for any other activity of the center regarding its receipt, storage, sharing and transmission of
data as part of its non-SLDS operations and activities.
(12) The council on postsecondary education shall be the employer of public record for the
Center.
(c) Funding. Appropriations made pursuant to this Act shall be used exclusively for the
development and operation of RILDS.
(1) The board and the center may implement a data request fee policy to compensate for
excessive use of the data system, to recover costs that would otherwise typically be borne by the
requesting data researcher, or both. A data request fee policy implemented pursuant to this section
shall be reviewed and approved by the board, revised periodically, and made publicly available and
posted in a prominent location on the RILDS’s internet website.
(2) The center may receive funding for its operation of the RILDS from the following
sources:
(a) State appropriations;
(b) Federal grants;
(c) User fees; and
(d) Any other grants or contributions from public agencies or other entities.
(e) There is hereby established a restricted receipt account in the general fund of the state
and housed in the budget of the office of postsecondary commissioner entitled “longitudinal data
system- non-federal grants.” The express purpose of this account is to record receipts and
expenditures of the program herein described and established within this section.
SECTION 11. Sections 46-12.9-3, 46-12.9-5 and 46-12.9-11 of the General Laws in
Chapter 46-12.9 entitled “Rhode Island Underground Storage Tank Financial Responsibility Act”
are hereby amended to read as follows:
When used in this chapter:
(1) "Advisory board" means the Rhode Island underground storage tank financial
responsibility advisory board established pursuant to the provisions of § 46-12.9-8.
(2 )(1) "Department" means the Rhode Island department of environmental management.
(3)(2) "Director" means the director of the department of environmental management, or
his or her designee.
(4)(3) "Eligible costs" means costs, expenses, and other obligations as incurred by a
responsible party for site investigation, site remediation, or other corrective action activities ordered
or directed, and approved, by the department or performed by the responsible party and not
specifically identified by the department as ineligible.
(5)(4) "Facility" means any parcel of real estate or contiguous parcels of real estate owned
and/or operated by the same person(s), which together with all land, structures, facility components,
improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit
and at which petroleum products or hazardous materials are or have been stored in underground
storage tanks.
(6)(5) "Fund" means the Rhode Island underground storage tank financial responsibility
fund established herein.
(7)(6) "Operator" means any person in control of, or having the responsibility for, the daily
operation of an underground storage tank system.
(8)(7) "Owner" means any person, corporation, group, or other entity who or that holds
exclusive or joint title to, or lawful possession of, a facility or part of a facility.
(9)(8) "Petroleum product" means crude oil, or any fractions thereof, that is liquid at
standard conditions of temperature sixty degrees Fahrenheit (60°F) and pressure fourteen and seven
tenths pounds per square inch absolute (14.7 psia) and includes substances derived from crude oil
including, but not limited to, the following:
(i) Gasoline;
(ii) Fuel Oils;
(iii) Diesel Oils;
(iv) Waste Oils;
(v) Gasohol, lubricants and solvents.
(10)(9) "Release" means any spilling, leaking, pumping, pouring, injecting, emitting,
escaping, leaching, discharging, or disposing of any material stored in an underground storage tank
system subject to these regulations into groundwater, surface water, soil, air, or any other
environmental media.
(11)(10) "Responsible party" means the person or persons liable for release of petroleum
or the remediation of a release.
(12)(11) "Site" means any location at which, or from which, there has been a release of
petroleum associated with an underground storage tank or an underground storage tank system, or
any location to which such petroleum has migrated.
(13)(12) "UST" or "Underground storage tank system" means any one or more
underground tanks, and their associated components, including piping, used to contain, transport,
or store petroleum product or hazardous material whose volume is ten percent (10%) or more
beneath the surface of the ground.
(a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking
underground storage tanks, underground storage tank systems, including those located on sites in
order to protect the environment, including drinking water supplies and public health.
(b) The fund shall provide reimbursement to responsible parties for the eligible costs
incurred by them as a result of releases of certain petroleum from underground storage tanks or
underground storage tank systems as provided herein. Monies in the fund shall be dispensed only
upon the order of the department for the following purposes:
(1) The fund shall pay not more than one million dollars ($1,000,000) per incident, and up
to two million dollars ($2,000,000) in the aggregate, for damages of eligible costs, as defined in
regulations promulgated hereunder and, as further defined in § 46-12.9-3, excluding legal costs and
expenses, incurred by a responsible party as a result of a release of petroleum from an underground
storage tank or underground storage tank system; provided, however, that a responsible party may
be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;
(2) Reimbursement for any third-party claim including, but not limited to, claims for bodily
injury, property damage, and damage to natural resources that are asserted against a responsible
party and that have arisen as a result of a release of petroleum from an underground storage tank
or underground storage tank system, in an amount not to exceed one million dollars ($1,000,000)
for each release as set forth in subsection (b)(1); provided, that such claims are found by the
department to be justified, reasonable, related to the release of petroleum, and not excessive or
spurious in nature;
(3) Costs incurred by the department in carrying out the investigative, remedial, and
corrective action activities at sites of a petroleum release associated with an underground storage
tank or underground storage tank system where the responsible party fails to comply with an order
of the department to undertake such activities. In the event of such failure or documented inability
to comply, the department may access the fund to perform the ordered work and may proceed to
recover from the responsible party, on behalf of the fund, any amount expended from the fund by
the department;
(4) Nothing contained in this chapter shall be construed to prevent subrogation by the state
of Rhode Island against any responsible party, other than the owner and/or operator, for all sums
of money that the fund shall be obligated to pay hereunder, plus reasonable attorney's fees and costs
of litigation and such right of subrogation is hereby created; and
(5) Eligible costs incurred by the department to support the fund, including, but not limited
to, all personnel support to process and review claims in order to formulate recommendations for
reimbursement for consideration, and providing meeting space for board meetings; provided,
however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed
from the fund for administrative purposes during any fiscal year. The department shall directly
access the fund, pursuant to the limits set forth in subdivision (b)(1) of this section, to pay for such
expenses.
20 (6) [Deleted by P.L. 2016, ch. 148, § 1 and P.L. 2016, ch. 160, § 1].
21 46-12.9-11. Fundings.
(a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01)
per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is
sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible
to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to
recover the fee from the person who ordered the product, the distributor shall nonetheless remit to
the tax administrator the regulatory fee associated with the delivery. In accordance with the
regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode
Island division of taxation as a separate, line-item entry, on a quarterly tax report by those persons
charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be
administered and collected by the division of taxation. Notwithstanding the provisions of this
section, the fee shall not be applicable to purchases by the United States government.
(b) Of the one-cent-per-gallon ($0.01) environmental protection regulatory fee collected
by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent
($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant
to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection
regulatory fees paid to the department shall be received by the department, which shall keep such
money in a distinct, interest-bearing, restricted-receipt account to the credit of, and for the exclusive
use of, the fund provided that for the period January 1, 2008, through June 30, 2008, all revenues
generated by the environmental protection regulatory fee, up to a maximum of two million dollars
($2,000,000), shall be deposited into the general fund. In fiscal year 2009, all revenues generated
by the environmental protection regulatory fee, up to a maximum equivalent to two million two
hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the
intermodal surface transportation fund. All fees collected may be invested as provided by law and
all interest received on such investment shall be credited to the fund.
(c) When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of
the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all
persons responsible for the collection, reporting, and payments of the fee of the suspension. In the
event that the account balance of the fund subsequently is reduced to a sum less than five million
dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of
taxation, following proper notice thereof, and once reinstated, the collection, reporting, and
payment of the fee shall continue until the account balance again reaches the sum of eight million
dollars ($8,000,000).
(d) Upon the determination by the advisory board and the department that the fund has
reached a balance sufficient to satisfy all pending or future claims, the advisory board department
shall recommend to the general assembly the discontinuation of the imposition of the fee created
in this section.
SECTION 12. Section 46-12.9-8 of the General Laws in Chapter 46-12.9 entitled “Rhode
Island Underground Storage Tank Financial Responsibility Act” is hereby repealed.
46-12.9-8. Advisory board.
(a) There is hereby authorized, created, and established the "underground storage tank
advisory board," to have such powers as are provided herein.
(b) The advisory board shall consist of seven (7) members, as follows: the director of the
department of environmental management, or his or her designee, who shall be a subordinate within
the department of environmental management. The governor, with the advice and consent of the
senate, shall appoint six (6) public members, one of whom shall have expertise and experience in
financial matters. In making these appointments the governor shall give due consideration to
recommendations from the American Petroleum Institute, the Independent Oil Marketers
Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers
Association, and the Rhode Island Marine Trade Association. The newly appointed members will
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,
for the remainder of the unexpired term in the same manner as the member's predecessor as
prescribed in this section. The members of the board shall be eligible to succeed themselves.
Members shall serve until their successors are appointed and qualified. No one shall be eligible for
appointment unless he or she is a resident of this state. The members of the board shall serve without
compensation. Those members of the board, as of the effective date of this act [July 15, 2005], who
were appointed to the board by members of the general assembly, shall cease to be members of the
board on the effective date of this act, and the governor shall thereupon nominate three (3)
members, each of whom shall serve the balance of the unexpired term of his or her predecessor.
Those members of the board, as of the effective date of this act [July 15, 2005], who were appointed
to the board by the governor, shall continue to serve the balance of their current terms. Thereafter,
the appointments shall be made by the governor as prescribed in this section.
(c) The advisory board shall meet at the call of the chair. All meetings shall be held
consistent with chapter 46 of title 42.
(d) The advisory board and its corporate existence shall continue until terminated by law.
Upon termination of the existence of the advisory board, all its rights and properties shall pass to
and be vested in the state.
(e) The advisory board shall have the following powers and duties, together with all powers
incidental thereto or necessary for the performance of those stated in this chapter:
(1) To elect or appoint officers and agents of the advisory board, and to define their duties:
(2) To make and alter bylaws, not inconsistent with this chapter, for the administration of
the affairs of the advisory board. Such bylaws may contain provisions indemnifying any person
who is, or was, a director or a member of the advisory board, in the manner and to the extent
provided in § 7-6-6 of the Rhode Island nonprofit corporation act;
(3) To oversee, review, and evaluate the condition and performance of the underground
storage tank fund and approve and submit an annual report after the end of each fiscal year to the
governor, the speaker of the house of representatives, the president of the senate, and the secretary
of state, of its activities during that fiscal year. The report shall provide information provided by
the department, including: an operating statement summarizing meetings held, including meeting
minutes, subjects addressed, and decisions rendered; a summary of the advisory board's actions,
fees levied, collected, or received, as prescribed in §§ 46-12.9-7 and 46-12.9-11, claims submitted,
verified, approved, modified, and denied, as prescribed in § 46-12.9-7, and reconsideration hearings
held; a synopsis of any law suits or other legal matters related to the fund; and a summary of
performance during the previous fiscal year, including accomplishments, shortcomings, and
remedies; a briefing on anticipated activities in the upcoming fiscal year; and findings and
recommendations for improvements; and a summary of any training courses held pursuant to
subdivision (e)(4). The report shall be posted electronically as prescribed in § 42-20-8.2. The
advisory board may make recommendations or suggestions on the claims process and/or the
condition and management of the fund, and the department shall respond, in writing, to any of these
suggestions or recommendations; and
(4) To conduct a training course for newly appointed and qualified members and new
designees of ex-officio members within six (6) months of their qualification or designation. The
course shall be developed by the executive director, approved by the board, and conducted by the
executive director. The board may approve the use of any board or staff members or other
individuals to assist with training. The training course shall include instruction in the following
areas: the provisions of chapter 12.9 of title 46, chapter 46 of title 42, chapter 14 of title 36 and
chapter 2 of title 38; and the board's rules and regulations. The director of the department of
administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare
and disseminate training materials relating to the provisions of chapter 14 of title 36, chapter 2 of
title 38, and chapter 46 of title 42.
(f) Upon the passage of this act and the appointment and qualification of the three (3) new
members prescribed in subsection (b), the board shall elect, from among its members, a chair.
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.
(g) Four (4) members of the board shall constitute a quorum and the vote of the majority
of the members present shall be necessary and shall suffice for any action taken by the board. No
vacancy in the membership of the board shall impair the right of a quorum to exercise all of the
rights and perform all of the duties of the board.
(h) Members of the board shall be removable by the governor pursuant to § 36-1-7 and
removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall
be unlawful.
SECTION 13. This article shall take effect upon passage.
art.004/7/004/6/004/5/004/4/004/3/004/2/004/1
=======
RELATING TO TAXES
SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 5.3
STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION
(a) Notwithstanding the provisions of chapter 5 of this title or any other provisions of law
to the contrary, in an effort to provide relief for businesses, including small businesses, and to
promote economic development, a city, town, or fire district shall provide each tangible property
taxpayer on the aggregate amount of all ratable, tangible personal property not otherwise exempt
from taxation an exemption from taxation of fifty thousand dollars ($50,000) applicable to the
assessment date of December 31, 2023 and for each assessment date thereafter. All ratable,
tangible, personal property valued above fifty thousand dollars ($50,000) remains subject to
taxation.
(b) Individual personal exemptions granted to tangible property taxpayers in any city, town,
or fire district at the time of the effective date of this chapter shall be applied to assessed values
prior to applying the statewide exemption provided in this section in order that any lost revenue to
be reimbursed pursuant to this chapter for each respective city, town, or fire district shall not include
revenue loss resulting from these individual personal exemptions.
(c) Exemptions existing and uniformly applied to all tangible property taxpayers in any
city, town, or fire district at the time of the effective date of this chapter shall be disregarded in
order that any lost revenue to be reimbursed pursuant to this chapter for each respective city, town,
or fire district shall include revenue loss resulting from such pre-existing uniform exemptions.
(a) Beginning in fiscal year 2025 and for each fiscal year thereafter, cities, towns, and fire
districts shall receive reimbursements, as set forth in this section, from state general revenues for
lost tax revenues due to the reduction of the tangible property tax resulting from the statewide
exemption set forth in § 44-5.3-1.
(b) Beginning in fiscal year 2025, and for each fiscal year thereafter, cities, towns, and fire
districts shall receive a reimbursement equal to the tangible property levy for the assessment date
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
shall not be provided to any city, town, or fire district in any year in which it has failed to provide
to the division of municipal finance its certified tax roll in accordance with § 44-5-22 or any other
information required by the division of municipal finance to calculate the reimbursement amount.
(a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of
property that includes tangible personal property for any city, town, or fire district shall be capped
and shall not exceed thereafter the tax rate in effect for the assessment date of December 31, 2022.
(b) Notwithstanding any other provision of law to the contrary, for assessment dates on and
after December 31, 2023, any city, town, or fire district shall be permitted to tax all other classes
of property, or where no classification has been enacted all other types of property, at a different
tax rate than the tax rate for tangible personal property required by subsection (a) of this section.
For assessment dates on or after December 31, 2023, tangible tax rates shall be disregarded
for purposes of compliance with limitations on the extent to which the effective tax rate of one class
of property may exceed that of another, or requirements that the same percentage rate change be
applied across property classes from one year to the next, under § 44-5-11.8 or any other similar
statutory provision applicable to a city, town, or fire district.
The statewide exemption set forth in this chapter shall not apply to:
(1) Public service corporation tangible property subject to taxation pursuant to § 44-13-13;
and
(2) Renewable energy resources and associated equipment subject to taxation pursuant to
28 § 44-5-3(c).
SECTION 2. Chapter 44-13 of the General Laws entitled “Public Service Corporation Tax”
is hereby amended by adding thereto the following section:
(a) As used in this section:
(1) “Electric utility customer” means an individual or business who purchases electricity
from a utility company during any of the months between and including December 2023 through
1 March 2024.
(2) “Gas utility customer” means an individual or business who purchases natural gas from
a utility company during any of the months between and including December 2023 through March
2024.
(3) “Utility company” means any entity that qualifies as a “public service company”
pursuant to § 44-13-2.1 and a “corporation” for the purposes of § 44-13-4(2) or § 44-13-4(6) and
sells electricity to an electric utility customer or sells natural gas to a gas utility customer for any
of the months between and including December 2023 through March 2024.
(b) (1) A utility company may be eligible for a rebate payment in the amount of the public
service corporation tax due pursuant to § 44-13-4 that would be charged to its electric utility
customers or its gas utility customers for the months of December 2023 through March 2024. For
the months of December 2023 through March 2024:
(i) A utility company shall pay the public service corporation tax pursuant to, and in
accordance with, § 44-13-4;
(ii) A utility company shall not charge any electric utility customer or any gas utility
customer the tax due or paid pursuant to § 44-13-4, but shall continue to reflect the amount of the
tax due along with an offsetting credit on each bill for each electric utility customer or gas utility
customer.
(2) The rebate amount shall be determined by the division of taxation based on the
applicable tax paid by a utility company for electricity consumption by its electric utility customers
and/or for gas consumption by its gas utility customers between and including the months of
22 December 2023 and March 2024.
(3) The utility company must apply for a rebate on such forms and in such a manner as
prescribed by the division of taxation on or before May 31, 2024 and the rebate will be paid by the
division of taxation to the utility company.
(4) Rebate payments made under this subsection shall not be subject to offset and shall not
be considered gross earnings for the purposes of the public service corporation tax under this
chapter.
(5) In no event shall the rebate amount provided for in this section accrue interest for the
benefit of any utility company. The utility company shall not charge an electric utility customer or
a gas utility customer any fees or charges associated with the amounts qualifying for a rebate in
accordance with this section.
(6) In addition to all other penalties provided under Rhode Island state law, any utility
company that submits a fraudulent application or fails to otherwise comply with the terms of this
section for the December 2023 through March 2024 period shall pay a ten dollar ($10.00) penalty
per registered active account. The utility company shall pay any rebate amount fraudulently
received to the division of taxation and credit the electric utility customer or gas utility customer
for any amounts fraudulently or improperly claimed by the utility company and paid by the electric
utility customer or gas utility customer. The tax administrator shall have the same powers to collect
payment under this subsection as under title 44 of the general laws.
(7) If an electric utility customer or a gas utility customer erroneously pays to the utility
company the tax due for the December 2023 through March 2024 period, or any portion thereof,
the utility company must refund the customer within thirty (30) days of the customer remitting the
payment.
(8) If any provision of this section or the application thereof is held invalid, such invalidity
shall not affect the provisions of this section which can be given effect without the invalid
provisions. Notwithstanding this subsection, all other subsections of this chapter shall remain in
full force and effect.
SECTION 3. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal
Income Tax" is hereby amended to read as follows:
(a) “Rhode Island taxable income” means federal taxable income as determined under the
Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-
deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax
Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of
2001 (EGTRRA), and as modified by the modifications in § 44-30-12.
(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on
or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island
taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five
and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002
and thereafter of the federal income tax rates, including capital gains rates and any other special
rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately
prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA);
provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable
year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal
Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a
taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or
her personal income tax liability.
(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative
minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island
alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by
multiplying the federal tentative minimum tax without allowing for the increased exemptions under
the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251
Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year
2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product
to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s
Rhode Island alternative minimum tax.
(1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption
amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by
the tax administrator in the manner prescribed for adjustment by the commissioner of Internal
Revenue in 26 U.S.C. § 1(f).
(2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode
Island taxable income shall be determined by deducting from federal adjusted gross income as
defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island
itemized-deduction amount and the Rhode Island exemption amount as determined in this section.
(A) Tax imposed.
(1) There is hereby imposed on the taxable income of married individuals filing joint
returns and surviving spouses a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $53,150 3.75% of taxable income
Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150
Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500
Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850
Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700
(2) There is hereby imposed on the taxable income of every head of household a tax
determined in accordance with the following table:
If taxable income is: The tax is:
Not over $42,650 3.75% of taxable income
Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650
Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100
Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350
Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700
(3) There is hereby imposed on the taxable income of unmarried individuals (other than
surviving spouses and heads of households) a tax determined in accordance with the following
table:
If taxable income is: The tax is:
Not over $31,850 3.75% of taxable income
Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850
Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100
Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850
Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700
(4) There is hereby imposed on the taxable income of married individuals filing separate
returns and bankruptcy estates a tax deter- mined in accordance with the following table:
If taxable income is: The tax is:
Not over $26,575 3.75% of taxable income
Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575
Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250
Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925
Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850
(5) There is hereby imposed a taxable income of an estate or trust a tax determined in
accordance with the following table:
If taxable income is: The tax is:
Not over $2,150 3.75% of taxable income
Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650
Over $10,450 $737.50 plus 9.90% of the excess over $10,450
(6) Adjustments for inflation.
The dollars amount contained in paragraph (A) shall be increased by an amount equal to:
(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;
(b) The cost-of-living adjustment determined under section (J) with a base year of 1993;
(c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making
adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall
be determined under section (J) by substituting “1994” for “1993.”
(B) Maximum capital gains rates.
(1) In general.
If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax
imposed by this section for such taxable year shall not exceed the sum of:
(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).
(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
10 § 1(h)(1)(e).
(2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain
shall be determined under subdivision 44-30-2.6(c)(2)(A).
(C) Itemized deductions.
(1) In general.
For the purposes of section (2), “itemized deductions” means the amount of federal
itemized deductions as modified by the modifications in § 44-30-12.
(2) Individuals who do not itemize their deductions.
In the case of an individual who does not elect to itemize his deductions for the taxable
year, they may elect to take a standard deduction.
(3) Basic standard deduction.
The Rhode Island standard deduction shall be allowed in accordance with the following
table:
Filing status Amount
Single $5,350
Married filing jointly or qualifying widow(er) $8,900
Married filing separately $4,450
Head of Household $7,850
(4) Additional standard deduction for the aged and blind.
An additional standard deduction shall be allowed for individuals age sixty-five (65) or
older or blind in the amount of $1,300 for individuals who are not married and $1,050 for
individuals who are married.
(5) Limitation on basic standard deduction in the case of certain dependents.
In the case of an individual to whom a deduction under section (E) is allowable to another
taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:
1 (a) $850;
(b) The sum of $300 and such individual’s earned income;
(6) Certain individuals not eligible for standard deduction.
In the case of:
(a) A married individual filing a separate return where either spouse itemizes deductions;
(b) Nonresident alien individual;
(c) An estate or trust;
The standard deduction shall be zero.
(7) Adjustments for inflation.
Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount
equal to:
(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied
by
(b) The cost-of-living adjustment determined under section (J) with a base year of 1988.
(D) Overall limitation on itemized deductions.
(1) General rule.
In the case of an individual whose adjusted gross income as modified by § 44-30-12
exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the
taxable year shall be reduced by the lesser of:
(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12
over the applicable amount; or
(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for
such taxable year.
(2) Applicable amount.
(a) In general.
For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the
case of a separate return by a married individual)
(b) Adjustments for inflation.
Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:
(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
(3) Phase-out of Limitation.
(a) In general.
In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,
the reduction under section (1) shall be equal to the applicable fraction of the amount which would
be the amount of such reduction.
(b) Applicable fraction.
For purposes of paragraph (a), the applicable fraction shall be determined in accordance
with the following table:
For taxable years beginning in calendar year The applicable fraction is
7 2006 and 2007 ⅔
8 2008 and 2009 ⅓
(E) Exemption amount.
(1) In general.
Except as otherwise provided in this subsection, the term “exemption amount” means
12 $3,400.
(2) Exemption amount disallowed in case of certain dependents.
In the case of an individual with respect to whom a deduction under this section is allowable
to another taxpayer for the same taxable year, the exemption amount applicable to such individual
for such individual's taxable year shall be zero.
(3) Adjustments for inflation.
The dollar amount contained in paragraph (1) shall be increased by an amount equal to:
(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by
(b) The cost-of-living adjustment determined under section (J) with a base year of 1989.
(4) Limitation.
(a) In general.
In the case of any taxpayer whose adjusted gross income as modified for the taxable year
exceeds the threshold amount shall be reduced by the applicable percentage.
(b) Applicable percentage.
In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
$2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year
exceeds the threshold amount. In the case of a married individual filing a separate return, the
preceding sentence shall be applied by substituting ‘‘$1,250’’ for ‘‘$2,500.’’ In no event shall the
applicable percentage exceed one hundred percent (100%).
(c) Threshold Amount.
For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with
the following table:
Filing status Amount
Single $156,400
Married filing jointly of qualifying widow(er) $234,600
Married filing separately $117,300
Head of Household $195,500
(d) Adjustments for inflation.
Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:
(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
(5) Phase-out of limitation.
(a) In general.
In the case of taxable years beginning after December 31, 2005, and before January 1,
2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which
would be the amount of such reduction.
(b) Applicable fraction.
For the purposes of paragraph (a), the applicable fraction shall be determined in accordance
with the following table:
For taxable years beginning in calendar year The applicable fraction is
19 2006 and 2007 ⅔
20 2008 and 2009 ⅓
(F) Alternative minimum tax.
(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to the excess (if any) of:
(a) The tentative minimum tax for the taxable year, over
(b) The regular tax for the taxable year.
(2) The tentative minimum tax for the taxable year is the sum of:
(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus
(b) 7.0 percent of so much of the taxable excess above $175,000.
(3) The amount determined under the preceding sentence shall be reduced by the alternative
minimum tax foreign tax credit for the taxable year.
(4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so
much of the federal alternative minimum taxable income as modified by the modifications in § 44-
30-12 as exceeds the exemption amount.
(5) In the case of a married individual filing a separate return, subparagraph (2) shall be
applied by substituting “$87,500” for $175,000 each place it appears.
(6) Exemption amount.
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 |
(7) Treatment of unearned income of minor children
(a) In general.
In the case of a minor child, the exemption amount for purposes of section (6) shall not
exceed the sum of:
(i) Such child's earned income, plus
(ii) $6,000.
(8) Adjustments for inflation.
The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
equal to:
(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by
(b) The cost-of-living adjustment determined under section (J) with a base year of 2004.
(9) Phase-out.
(a) In general.
The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount
equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income
of the taxpayer exceeds the threshold amount.
(b) Threshold amount.
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 |
(c) Adjustments for inflation
Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:
(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by
(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.
(G) Other Rhode Island taxes.
(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to twenty-five percent (25%) of:
(a) The Federal income tax on lump-sum distributions.
(b) The Federal income tax on parents' election to report child's interest and dividends.
(c) The recapture of Federal tax credits that were previously claimed on Rhode Island
return.
(H) Tax for children under 18 with investment income.
(1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:
(a) The Federal tax for children under the age of 18 with investment income.
(I) Averaging of farm income.
(1) General rule. At the election of an individual engaged in a farming business or fishing
business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
(a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §
19 1301].
(J) Cost-of-living adjustment.
(1) In general.
The cost-of-living adjustment for any calendar year is the percentage (if any) by which:
(a) The CPI for the preceding calendar year exceeds
(b) The CPI for the base year.
(2) CPI for any calendar year.
For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer
price index as of the close of the twelve (12) month period ending on August 31 of such calendar
year.
(3) Consumer price index.
For purposes of paragraph (2), the term “consumer price index” means the last consumer
price index for all urban consumers published by the department of labor. For purposes of the
preceding sentence, the revision of the consumer price index that is most consistent with the
consumer price index for calendar year 1986 shall be used.
(4) Rounding.
(a) In general.
If any increase determined under paragraph (1) is not a multiple of $50, such increase shall
be rounded to the next lowest multiple of $50.
(b) In the case of a married individual filing a separate return, subparagraph (a) shall be
applied by substituting “$25” for $50 each place it appears.
(K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer
entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to
a credit against the Rhode Island tax imposed under this section:
9 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.]
(2) Child and dependent care credit;
(3) General business credits;
(4) Credit for elderly or the disabled;
(5) Credit for prior year minimum tax;
(6) Mortgage interest credit;
(7) Empowerment zone employment credit;
(8) Qualified electric vehicle credit.
(L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006,
a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island
tax imposed under this section if the adopted child was under the care, custody, or supervision of
the Rhode Island department of children, youth and families prior to the adoption.
(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
including the rate reduction credit provided by the federal Economic Growth and Tax
Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax
purposes shall determine the Rhode Island amount to be recaptured in the same manner as
prescribed in this subsection.
(N) Rhode Island earned-income credit.
(1) In general.
For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent
(25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode
Island income tax.
For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer
entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the
amount of the Rhode Island income tax.
For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half
percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the
Rhode Island income tax.
For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)
of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island
income tax.
For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%)
of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island
income tax.
(2) Refundable portion.
In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this
section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall
be allowed as follows.
(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable
earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-
income credit exceeds the Rhode Island income tax.
(ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)
refundable earned-income credit means one hundred percent (100%) of the amount by which the
Rhode Island earned-income credit exceeds the Rhode Island income tax.
(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs
(A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years
thereafter for inclusion in the statute.
(3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode
Island taxable income” means federal adjusted gross income as determined under the Internal
Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-
30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph
44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph
44-30-2.6(c)(3)(C).
(A) Tax imposed.
(I) There is hereby imposed on the taxable income of married individuals filing joint
returns, qualifying widow(er), every head of household, unmarried individuals, married individuals
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 |
(II) There is hereby imposed on the taxable income of an estate or trust a tax determined in
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 |
(B) Deductions:
(I) Rhode Island Basic Standard Deduction.
Only the Rhode Island standard deduction shall be allowed in accordance with the
following table:
Filing status: Amount
Single $7,500
Married filing jointly or qualifying widow(er) $15,000
Married filing separately $7,500
Head of Household $11,250
(II) Nonresident alien individuals, estates and trusts are not eligible for standard
deductions.
(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage.
The term “applicable percentage” means twenty (20) percentage points for each five thousand
dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable
year exceeds one hundred seventy-five thousand dollars ($175,000).
(C) Exemption Amount:
(I) The term “exemption amount” means three thousand five hundred dollars ($3,500)
multiplied by the number of exemptions allowed for the taxable year for federal income tax
purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same
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
Jobs Act (Pub. L. No. 115-97) on December 22, 2017.
(II) Exemption amount disallowed in case of certain dependents. In the case of an
individual with respect to whom a deduction under this section is allowable to another taxpayer for
the same taxable year, the exemption amount applicable to such individual for such individual’s
taxable year shall be zero.
(III) Identifying information required.
(1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be
allowed under this section with respect to any individual unless the Taxpayer Identification Number
of such individual is included on the federal return claiming the exemption for the same tax filing
period.
(2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event
that the Taxpayer Identification Number for each individual is not required to be included on the
federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer
Identification Number must be provided on the Rhode Island tax return for the purpose of claiming
said exemption(s).
(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term
“applicable percentage” means twenty (20) percentage points for each five thousand dollars
($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year
exceeds one hundred seventy-five thousand dollars ($175,000).
(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-
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
equal to:
(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B)
and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;
(II) The cost-of-living adjustment with a base year of 2000.
(III) For the purposes of this section, the cost-of-living adjustment for any calendar year is
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
the consumer price index for the base year. The consumer price index for any calendar year is the
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.
(IV) For the purpose of this section the term “consumer price index” means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section the revision of the consumer price index that is most consistent with the consumer
price index for calendar year 1986 shall be used.
(V) If any increase determined under this section is not a multiple of fifty dollars ($50.00),
such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a
married individual filing separate return, if any increase determined under this section is not a
multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple
of twenty-five dollars ($25.00).
(F) Credits against tax.
(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on
or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be
as follows:
(a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit
pursuant to subparagraph 44-30-2.6(c)(2)(N).
(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided
20 in § 44-33-1 et seq.
(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax
credit as provided in § 44-30.3-1 et seq.
(d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to
other states pursuant to § 44-30-74.
(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit
as provided in § 44-33.2-1 et seq.
(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture
production tax credit as provided in § 44-31.2-1 et seq.
(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of
the federal child and dependent care credit allowable for the taxable year for federal purposes;
provided, however, such credit shall not exceed the Rhode Island tax liability.
(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
contributions to scholarship organizations as provided in chapter 62 of title 44.
(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable
as if no withholding were required, but any amount of Rhode Island personal income tax actually
deducted and withheld in any calendar year shall be deemed to have been paid to the tax
administrator on behalf of the person from whom withheld, and the person shall be credited with
having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable
year of less than twelve (12) months, the credit shall be made under regulations of the tax
administrator.
(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in
RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.
(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in
10 § 42-64.20-1 et seq.
(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode
Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.
(m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,
unused carryforward for such credit previously issued shall be allowed for the historic
homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already
issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits
under the historic homeownership assistance act.
(2) Except as provided in section 1 above, no other state and federal tax credit shall be
available to the taxpayers in computing tax liability under this chapter.
SECTION 4. Section 44-30-101 of the General Laws in Chapter 44-30 entitled "Personal
Income Tax" is hereby amended to read as follows:
(a) Definitions. For purposes of this section:
(1) “Applicable individual” has the same meaning as set forth in 26 U.S.C. § 5000A(d).
(2) “Minimum essential coverage” has the same meaning as set forth in 26 U.S. C. §
26 5000A(f).
(3) “Shared responsibility payment penalty” means the penalty imposed pursuant to
subsection (c) of this section.
(4) “Taxpayer” means any resident individual, as defined in § 44-30-5.
(b) Requirement to maintain minimum essential coverage. Every applicable individual
must maintain minimum essential coverage for each month beginning after December 31, 2019.
(c) Shared responsibility payment penalty imposed for failing to maintain minimum
essential coverage. As of January 1, 2020, every applicable individual required to file a personal
income tax return pursuant to § 44-30-51, shall indicate on the return, in a manner to be prescribed
by the tax administrator, whether and for what period of time during the relevant tax year the
individual and his or her spouse and dependents who are applicable individuals were covered by
minimum essential coverage. If a return submitted pursuant to this subsection fails to indicate that
coverage was in force or indicates that any applicable individuals did not have coverage in force, a
shared responsibility payment penalty shall hereby be assessed as a tax on the return.
(d) Shared responsibility payment penalty calculation. Except as provided in subsection
(e), the shared responsibility payment penalty imposed shall be equal to a taxpayer’s federal shared
responsibility payment for the taxable year under section 5000A of the Internal Revenue Code of
1986, as amended, and as in effect on the 15th day of December 2017.
(e) Exceptions.
(1) Penalty cap. The amount of the shared responsibility payment penalty imposed under
this section shall be determined, if applicable, using the statewide average premium for bronze-
level plans offered through the Rhode Island health benefits exchange rather than the national
average premium for bronze-level plans.
(2) Hardship exemption determinations. Determinations as to hardship exemptions shall be
made by the exchange under § 42-157-11.
(3) Religious conscience exemption determinations. Determinations as to religious
conscience exemptions shall be made by the exchange under § 42-157-11.
(4) Taxpayers with gross income below state filing threshold. No penalty shall be imposed
under this section with respect to any applicable individual for any month during a calendar year if
the taxpayer’s household income for the taxable year as described in section 1412(b)(1)(B) of the
Patient Protection and Affordable Care Act is less than the amount of gross income requiring the
taxpayer to file a return as set forth in § 44-30-51.
(5) Out of state residents. No penalty shall be imposed by this section with respect to any
applicable individual for any month during which the individual is a bona fide resident of another
state.
(6) Individual on Medicaid. No penalty shall be imposed by this section with respect to any
applicable individual who is enrolled in the Medicaid program through December 31, 2023.
(f) Health insurance market integrity fund. The tax administrator is authorized to withhold
from any state tax refund due to the taxpayer an amount equal to the calculated shared responsibility
payment penalty and shall place those amounts in the health insurance market integrity fund created
pursuant to § 42-157.1-5.
(g) Deficiency. If, upon examination of a taxpayer’s return, the tax administrator
determines there is a deficiency because any refund due to the taxpayer is insufficient to satisfy the
shared responsibility penalty or because there was no refund due, the tax administrator may notify
the taxpayer of the deficiency in accordance with § 44-30-81 and interest shall accrue on the
deficiency as set forth in § 44-30-84. All monies collected on the deficiency shall be placed in the
health insurance market integrity fund created pursuant to § 42-157.1-5.
(h) Application of federal law. The shared responsibility payment penalty shall be assessed
and collected as set forth in this chapter and, where applicable, consistent with regulations
promulgated by the federal government, the exchange, and/or the tax administrator. Any federal
regulation implementing section 5000A of the Internal Revenue Code of 1986, as amended, and in
effect on the 15th day of December 2017, shall apply as though incorporated into the Rhode Island
code of regulations. Federal guidance interpreting these federal regulations shall similarly apply.
Except as provided in subsections (j) and (k) of this section, all references to federal law shall be
construed as references to federal law as in effect on December 15, 2017, including applicable
regulations and administrative guidance that were in effect as of that date.
(i) Unavailability of federal premium tax credits. For any taxable year in which federal
premium tax credits available pursuant to 26 U.S.C. section 36B become unavailable due to the
federal government repealing that section or failing to fund the premium tax credits, the shared
responsibility payment penalty under this section shall not be enforced.
(j) Imposition of federal shared responsibility payment. For any taxable year in which a
federal penalty under section 5000A of the Internal Revenue Code of 1986 is imposed on a taxpayer
in an amount comparable to the shared responsibility payment penalty assessed under this section,
the state penalty shall not be enforced.
(k) Agency coordination. Where applicable, the tax administrator shall implement this
section in consultation with the office of the health insurance commissioner, the office of
management and budget, the executive office of health and human services, and the Rhode Island
health benefits exchange.
SECTION 5. The title of Chapter 44-44 of the General Laws entitled "Taxation of Beverage
Containers, Hard-To-Dispose Material and Litter Control Participation Permittee" is hereby
amended to read as follows:
CHAPTER 44-44
Taxation of Beverage Containers, Hard-To-Dispose Material and Litter Control Participation
Permittee
CHAPTER 44-44
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-
44-22 of the General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-
To-Dispose Material and Litter Control Participation Permittee" are hereby amended to read as
follows:
As used in this chapter:
(1) “Beverage” means all non-alcoholic drinks for human consumption, except milk but
including beer and other malt beverages.
(2) “Beverage container” means any sealable bottle, can, jar, or carton which contains a
beverage.
(3) “Beverage retailer” means any person who engages in the sale of a beverage container
to a consumer within the state of Rhode Island, including any operator of a vending machine.
(4) “Beverage wholesaler” means any person who engages in the sale of beverage
containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who
engages in those sales.
(5) “Case” means:
(i) Forty-eight (48) beverage containers sold or offered for sale within this state when each
beverage container has a liquid capacity of seven (7) fluid ounces or less;
(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when
each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or
equal to sixteen and nine tenths (16.9) fluid ounces;
(iii) Twelve (12) beverage containers sold or offered for sale within this state when each
beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but
less than thirty-three and nine tenths (33.9) fluid ounces; and
(iv) Six (6) beverage containers sold or offered for sale within this state when each
beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more.
(6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.
(7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.
(8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.
(9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.
(10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.
(11)(6) “Consumer” means any person who purchases a beverage in a beverage container
for use or consumption with no intent to resell that filled beverage container.
(12) “Gross receipts” means those receipts reported for each location to the tax
administrator included in the measure of tax imposed under chapter 18 of this title, as amended.
For those persons having multiple locations’ receipts reported to the tax administrator the “gross
receipts” to be aggregated shall be determined by each individual sales tax permit number. The
term gross receipts shall be computed without deduction for retail sales of items in activities other
than those which this state is prohibited from taxing under the constitution of the United States.
(13)(7) “Hard-to-dispose material” is as defined in § 37-15.1-3.
(14)(8) “Hard-to-dispose material retailer” means any person who engages in the retail sale
of hard-to-dispose material (as defined in § 37-15.1-3) in this state.
(15)(9) “Hard-to-dispose material wholesaler” means any person, wherever located, who
engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in
this state (including manufacturers, refiners, and distributors and retailers), and to other persons as
defined above.
(16)(10) “New vehicle” means any mode of transportation for which a certificate of title is
required pursuant to title 31 and for which a certificate of title has not been previously issued in
this state or any other state or country.
(17)(11) “Organic solvent” is as defined in § 37-15.1-3.
(18)(12) “Person” means any natural person, corporation, partnership, joint venture,
association, proprietorship, firm, or other business entity.
(19) “Prior calendar year” means the period beginning with January 1 and ending with
20 December 31 immediately preceding the permit application due date.
(20) “Qualifying activities” means selling or offering for retail sale food or beverages for
immediate consumption and/or packaged for sale on a take out or to go basis regardless of whether
or not the items are subsequently actually eaten on or off the vendor’s premises.
(21)(13) “Vending machine” means a self-contained automatic device that dispenses for
sale foods, beverages, or confection products.
If any hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or
beverage wholesaler or litter control participation permittee fails to file a return or application or to
keep records described in § 44-44-8, or if the tax administrator is not satisfied with the amount of
taxes or fees paid to him or her, the tax administrator may compute and determine the amount
required by this chapter to be paid to him or her upon the basis of the facts contained in the returns
or applications which have been filed or upon the basis of any information in the tax administrator’s
possession or that may come into his or her possession.
The tax administrator shall give written notice of his or her determination to the beverage
wholesaler or litter control participation permittee or hard-to-dispose material wholesaler or hard-
to-dispose material retailer or person. Except in the case of fraud or failure to make a return, or
noncompliance with § 44-44-8, every notice of determination shall be mailed within three (3) years
of the date the taxes first became due. The amount of this determination shall bear interest at the
rate prescribed in § 44-1-7 from the date when taxes should have been paid until the date of
payment.
Whenever the tax administrator shall determine that any beverage wholesaler or hard-to-
dispose material wholesaler or hard-to-dispose material retailer or person or litter control
participation permittee is entitled to a refund of any moneys paid under the provisions of this
chapter, or whenever a court of competent jurisdiction orders a refund of any moneys paid, the
general treasurer shall, upon certification by the tax administrator, pay the refund from any moneys
in the litter control account or hard-to-dispose material account other than those moneys already
appropriated for the administration of the taxes and programs entitled by this chapter and § 37-15-
13; provided, that no refund shall be allowed unless a claim for a refund is filed with the tax
administrator within three (3) years from the date the overpayment was made. Every claim for a
refund shall be made in writing, shall be in a form, and shall present only information that the tax
administrator may, by regulation, require. Within thirty (30) days after disallowing any claim in
whole or in part the tax administrator shall give written notice of his or her decision to the beverage
wholesaler or hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or
litter control participation permittee. A refund of less than ten dollars ($10.00) will not be
processed, but may be credited to the following month’s return without interest.
participation permittee Hearing on application.
Any person aggrieved by any assessment or decision of the tax administrator shall notify
the tax administrator and request a hearing, in writing, within thirty (30) days from the date of
mailing of the assessment or decision. The tax administrator or a hearing officer designated by the
tax administrator shall, as soon as practicable, fix a time and place for the hearing and, after the
hearing, determine the correct amount of the tax and interest.
It shall be unlawful for any state official or employee to divulge or to make known to any
person in any manner not provided by law the amount or source of income, profits, losses,
expenditures, or any particular of these set forth or disclosed in any return, permit application or
other record required under this chapter, or to permit any return, permit application, or other record
required by this chapter or copy of a record, or any book containing any abstract or particulars to
be seen or examined by any person except as provided by law. Any offense against this provision
shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not
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
General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-To-Dispose
Material and Litter Control Participation Permittee" are hereby repealed.
44-44-3.1. Permit required.
Commencing August 1, 1988, every person engaging in, or desiring to engage in activities
described in § 44-44-2(20), shall annually file an application with the tax administrator for a litter
control participation permit, hereinafter called a “permit”, for each place of business in Rhode
Island. In those cases where the only qualifying activity is the operation of vending machines, the
person shall either obtain a Class A permit for each vending machine or obtain a permit based on
total gross receipts. All applications shall be in a form, including information and bearing signatures
that the tax administrator may require. At the time of making an application, the applicant shall pay
the tax administrator a permit fee based as follows:
(1) For the applicant whose gross receipts for the prior calendar year measured less than
fifty thousand dollars ($50,000), a fee of twenty-five dollars ($25.00);
(2) For the applicant whose gross receipts for the prior calendar year measured at least fifty
thousand dollars ($50,000), but less than one hundred thousand dollars ($100,000), a fee of thirty-
five dollars ($35.00);
(3) For the applicant whose gross receipts for the calendar year measured at least one
hundred thousand dollars ($100,000), but less than four hundred thousand dollars ($400,000), a fee
of seventy-five dollars ($75.00);
(4) For the applicant whose gross receipts for the prior calendar year measured at least four
hundred thousand dollars ($400,000), but less than one million dollars ($1,000,000), a fee of one
hundred dollars ($100); and
(5) For the applicant whose gross receipts for the prior calendar year measured one million
dollars ($1,000,000) or more, a fee of one hundred twenty-five dollars ($125) for each one million
dollars ($1,000,000) or fraction of this amount. The fee in this subdivision shall not exceed the sum
of one thousand dollars ($1,000) for each permit at each place of business in Rhode Island when
the “qualifying activities” referred to in this section and defined in § 44-44-2(20) and the sale of
food products do not exceed ten percent (10%) of the gross receipts for each permit.
44-44-3.2. Penalty for operation without a permit — Injunctive relief.
(a) Any person who engages (or the officer of a corporation engaged) in activities described
in § 44-44-2(20) without the permit required by this chapter shall be guilty of a misdemeanor and
shall, for each offense, be fined not more than one thousand dollars ($1,000), or be imprisoned for
not more than one year, or punished by both a fine and imprisonment. Each day in which a person
is so engaged shall constitute a separate offense.
(b) The superior court of this state shall have jurisdiction of restraining any person from
engaging in activities described in § 44-44-2(20) without the proper permit as prescribed in this
chapter. The tax administrator may institute proceedings to prevent and restrain violations of this
chapter.
44-44-3.3. Partial periods.
(a)(1) Each applicant which did not do business at a particular location during the prior
calendar year for the purposes of determining the proper fee in accordance with § 44-44-3.1 may,
for application purposes, only apply for a Class A permit for that location.
(2) For purposes of this section, the term “applicant” shall not include any person who
purchases an ongoing business and continues to operate the same type of business from the same
location without interruption of thirty (30) days or more immediately following the purchase of the
business.
(b) Any permittee ceasing business at a location before the annual expiration date of permit
shall return the permit to the tax administrator for cancellation.
(c) The fees set forth in § 44-44-3.1 are neither proratable nor refundable for partial periods
of operation at a specific location.
(d) A person who purchases an ongoing business and continues to operate the business in
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.
44-44-3.4. Issuance of permit — Assignment prohibited — Display.
Upon receipt of the required application and permit fee, the tax administrator shall issue to
the applicant a separate permit for each location in Rhode Island. A permit is not assignable and is
valid only for the person in whose name it was issued and only for the business location shown in
the permit. It shall at all times be conspicuously displayed at the location for which it was issued.
44-44-3.5. Application due date — Weekends and holidays — Mailing.
(a) Each applicant shall apply for a permit prior to engaging in the activities described in §
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.
(b) When the application due date, or any other due date for activity by an applicant or
permittee, falls on a Saturday, Sunday, or Rhode Island legal holiday, the application or activity
will be considered timely if it is performed on the next succeeding day which is not a Saturday,
Sunday, or Rhode Island legal holiday.
(c) When any application, payment or other document required to be filed on or before a
prescribed date set forth in this chapter is delivered after the required date by United States Post
Office to the tax administrator, office, officer, or person with which or with whom the document is
required to be filed, the date on which the document is dated by the post office shall be deemed to
be the date of delivery. This subsection shall apply only if the document was, within the prescribed
time, deposited in the mail with United States postage prepaid and properly addressed.
SECTION 8. Section 44-62-3 of the General Laws in Chapter 44-62 entitled "Tax Credits
for Contributions to Scholarship Organizations" is hereby amended to read as follows:
(a) Prior to the contribution, a business entity shall apply in writing to the division of
taxation. The application shall contain such information and certification as the tax administrator
deems necessary for the proper administration of this chapter. A business entity shall be approved
if it meets the criteria of this chapter; the dollar amount of the applied for tax credit is no greater
than one hundred thousand dollars ($100,000) in any tax year, and the scholarship organization that
is to receive the contribution has qualified under § 44-62-2.
(b) Approvals for contributions under this section shall be made available by the division
of taxation on a first-come-first-serve basis. The total aggregate amount of all tax credits approved
shall not exceed one million five hundred thousand dollars ($1,500,000) one million six hundred
thousand dollars ($1,600,000) in a fiscal year.
(c) The division of taxation shall notify the business entity in writing within thirty (30)
days of the receipt of application of the division’s approval or rejection of the application.
(d) Unless the contribution is part of a two-year plan, the actual cash contribution by the
business entity to a qualified scholarship organization must be made no later than one hundred
twenty (120) days following the approval of its application. If the contribution is part of a two-year
plan, the first year’s contribution follows the general rule and the second year’s contribution must
be made in the subsequent calendar year by the same date.
(e) The contributions must be those charitable contributions made in cash as set forth in
the Internal Revenue Code.
SECTION 9. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid"
is hereby amended to read as follows:
(a) Whenever the director of revenue computes the relative wealth of municipalities for the
purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or
she shall base it on the full value of all property except:
(1) That exempted from taxation by acts of the general assembly and reimbursed under §
45-13-5.1, which shall have its value calculated as if the payment in lieu of tax revenues received
pursuant to § 45-13-5.1, has resulted from a tax levy;
(2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by
a special public law or by reason of agreements between a municipality and the economic
development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not
have its value included;
(3) That whose tax levy or assessed value is based on tax treaty agreements or tax
stabilization agreements in force prior to May 15, 2005, which shall not have its value included;
(4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,
17 2005;
(5) Any other property exempt from taxation under state law;
(6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space
Land; or
(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
provision of law that enables a city, town, or fire district to establish a tangible personal property
exemption, which shall have its value calculated as the full value of the property minus the
exemption amount.
(b) The tax levy of each municipality and fire district shall be adjusted for any real estate
and personal property exempt from taxation by act of the general assembly by the amount of
payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating
to property tax from certain exempt private and state properties, and for any property subject to any
payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in
force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such
agreements.
(c) Fire district tax levies within a city or town shall be included as part of the total levy
attributable to that city or town.
(d) The changes as required by subsections (a) through (c) of this section shall be
incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008
and thereafter.
SECTION 10. Sections 5 through 8 of this article shall take effect on January 1, 2024. The
remaining sections of this article shall take effect upon passage.
art.005/4/005/3/005/2/005/1
=======
RELATING TO ENERGY AND THE ENVIRONMENT
SECTION 1. Section 23-82-6 of the General Laws in Chapter 23-82 entitled
"Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as
follows:
(a) The proceeds from the auction or sale of the allowances shall be used for the benefit of
energy consumers through investment in the most cost-effective available projects that can reduce
long-term consumer energy demands and costs. Such proceeds may be used only for the following
purposes, in a proportion to be determined annually by the office in consultation with the council
and the board:
(1) Promotion of cost-effective energy efficiency and conservation in order to achieve the
13 purposes of § 39-1-27.7;
(2) Promotion of cost-effective renewable non-carbon emitting energy technologies in
Rhode Island as defined in § 39-26-5 and to achieve the purposes of chapter 26 of title 39 entitled
“Renewable Energy Standard”;
(3) Cost-effective direct rate relief for consumers;
(4) Direct rate relief for low-income consumers;
(5) Reasonable compensation to an entity selected to administer the auction or sale; and
(6) Reasonable costs of the department of environmental management and office of energy
resources in administering this program, as well as other climate change, energy efficiency, and
renewable program efforts of the department of environmental management and office of energy
resources, which shall not in any year exceed three hundred thousand dollars ($300,000) or ten
percent (10%) of the proceeds from sale or auction of the allowances, whichever is greater.
Administrative funds not expended in any fiscal year shall remain in the administrative account to
be used as needed in subsequent years. The office of energy resources shall have the ability to apply
administrative funds not used in a fiscal year to achieve the purpose of this section. The funds
deposited into the administrative funds account shall be exempt from the indirect cost recovery
provisions of § 35-4-27;
(7) For fiscal year 2023 only, the office of energy resources shall transfer $3,000,000 from
unallocated auction proceeds to the executive climate change coordinating council restricted receipt
account to maintain funding for the existing electric vehicle and electric bicycle incentive programs
and to support other projects; and
(8) Provided however, effective for fiscal year 2024 and thereafter, sale of allowances
yielding in excess of four million five hundred thousand dollars ($4,500,000) per auction shall be
transferred to the Rhode Island office of energy resources, on behalf of the executive climate change
coordinating council, for climate change related initiatives. The executive climate change
coordinating council shall have exclusive authority to direct the use of these funds pursuant to §
42-6.2-3.1. The office of energy resources may act on behalf of the executive climate change
coordinating council to disburse these funds. Provided further, that any transfer of allowances in a
single fiscal year, pursuant to this section shall not exceed one million five hundred thousand
dollars ($1,500,000).
(b) Any interest earned on the funds so generated must be credited to the fund. Funds not
spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon
reduction programs.
(c) Annually, the office, in consultation with council and board, shall prepare a draft
proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be
designed to augment and coordinate with existing energy efficiency and renewable energy
programs, and shall not propose use of auction proceeds for projects already funded under other
programs. The proposal for allocation of proceeds in subsections (a)(1), (2), and (3) shall be one
that best achieves the purposes of the law, namely, lowering carbon emissions and minimizing costs
to consumers over the long term. The office shall hold a public hearing and accept public comment
on the draft proposal in accordance with chapter 35 of title 42 (the “Administrative Procedure Act”).
Once the proposal is final, the office shall authorize the disbursement of funds in accordance with
the final plan.
(d) The office shall prepare, in consultation with council and board, a report by April 15 of
each year describing the implementation and operation of RGGI, the revenues collected and the
expenditures, including funds that were allocated to the energy efficiency and renewable energy
programs, and the individuals, businesses and vendors that received funding, made under this
section, the statewide energy efficiency and carbon reduction programs, and any recommendations
for changes to law relating to the state’s energy conservation or carbon reduction efforts. The report
shall be made public and be posted electronically on the website of the office of energy resources
and shall also be submitted to the general assembly.
SECTION 2. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled “Duties of
Utilities and Carriers” is hereby amended to read as follows:
(a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or
providing heat, electricity, or water to or for the public shall include as part of its base rate any
expenses for advertising, either direct or indirect, that promotes the use of its product or service, or
is designed to promote the public image of the industry. No public utility may furnish support of
any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and
include the expense as part of its base rate. Nothing contained in this section shall be deemed as
prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or
educational in nature, that is designed to promote public safety conservation of the public utility's
product or service. The public utilities commission shall promulgate such rules and regulations as
are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,
and to otherwise effectuate the provisions of this section.
(b) Effective as of January 1, 2008, and for a period of twenty (20) years thereafter, each
electric distribution company shall include a charge per kilowatt-hour delivered to fund demand-
side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy
programs shall remain in effect until December 31, 2028. The electric distribution company shall
establish and, after July 1, 2007, maintain, two (2) separate accounts, one for demand-side
management programs (the "demand-side account"), which shall be funded by the electric demand-
side charge and administered and implemented by the distribution company, subject to the
regulatory reviewing authority of the commission, and one for renewable energy programs, which
shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2 and shall
be held and disbursed by the distribution company as directed by the Rhode Island commerce
corporation for the purposes of developing, promoting, and supporting renewable energy programs.
During the time periods established in this subsection, the commission may, in its
discretion, after notice and public hearing, increase the sums for demand-side management and
renewable resources. In addition, the commission shall, after notice and public hearing, determine
the appropriate charge for these programs. The office of energy resources, and/or the administrator
of the renewable energy programs, may seek to secure for the state an equitable and reasonable
portion of renewable energy credits or certificates created by private projects funded through those
programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation
technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and
on-grid generating technologies located in Rhode Island, as a priority; (2) Research and
development activities in Rhode Island pertaining to eligible renewable energy resources and to
other renewable energy technologies for electrical generation; or (3) Projects and activities directly
related to implementing eligible renewable energy resources projects in Rhode Island.
Technologies for converting solar energy for space heating or generating domestic hot water may
also be funded through the renewable energy programs. Fuel cells may be considered an energy
efficiency technology to be included in demand-side management programs. Special rates for low-
income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these
discounts shall be included in the distribution rates charged to all other customers. Nothing in this
section shall be construed as prohibiting an electric distribution company from offering any special
rates or programs for low-income customers which are not in effect as of August 7, 1996, subject
to the approval by the commission.
(1) The renewable energy investment programs shall be administered pursuant to rules
established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria
to rank qualified renewable energy projects, giving consideration to:
(i) The feasibility of project completion;
(ii) The anticipated amount of renewable energy the project will produce;
(iii) The potential of the project to mitigate energy costs over the life of the project; and
(iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.
(c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]
(d) The chief executive officer of the commerce corporation is authorized and may enter
into a contract with a contractor for the cost-effective administration of the renewable energy
programs funded by this section. A competitive bid and contract award for administration of the
renewable energy programs may occur every three (3) years and shall include, as a condition, that
after July 1, 2008, the account for the renewable energy programs shall be maintained and
administered by the commerce corporation as provided for in subsection (b) of this section.
(e) Effective January 1, 2007, and for a period of twenty-one (21) years thereafter, each
gas distribution company shall include, with the approval of the commission, a charge per deca
therm delivered to fund demand-side management programs (the "gas demand-side charge"),
including, but not limited to, programs for cost-effective energy efficiency, energy conservation,
combined heat and power systems, and weatherization services for low-income households.
(f) Each gas company shall establish a separate account for demand-side management
programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and
administered and implemented by the distribution company, subject to the regulatory reviewing
authority of the commission. The commission may establish administrative mechanisms and
procedures that are similar to those for electric demand-side management programs administered
under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and
high, life-time savings of efficiency measures supported by the program.
(g) The commission may, if reasonable and feasible, except from this demand-side
management charge:
(1) Gas used for distribution generation; and
(2) Gas used for the manufacturing processes, where the customer has established a self-
directed program to invest in and achieve best-effective energy efficiency in accordance with a plan
approved by the commission and subject to periodic review and approval by the commission, which
plan shall require annual reporting of the amount invested and the return on investments in terms
of gas savings.
(h) The commission may provide for the coordinated and/or integrated administration of
electric and gas demand-side management programs in order to enhance the effectiveness of the
programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the
recommendation of the office of energy resources, be through one or more third-party entities
designated by the commission pursuant to a competitive selection process.
(i) Effective January 1, 2007, the commission shall allocate, from demand-side
management gas and electric funds authorized pursuant to this section, an amount not to exceed
three percent (3%) of such funds on an annual basis for the retention of expert consultants, and
reasonable administration costs of the energy efficiency and resources resource management
council associated with planning, management, and evaluation of energy-efficiency programs,
renewable energy programs, system reliability least-cost procurement, and with regulatory
proceedings, contested cases, and other actions pertaining to the purposes, powers, and duties of
the council, which allocation may by mutual agreement, be used in coordination with the office of
energy resources to support such activities.
(j) Effective January 1, 2016, the commission shall annually allocate from the
administrative funding amount allocated in subsection (i) from the demand-side management
program as described in subsection (i) as follows: (1) for the energy efficiency and resource
management council, no more than forty percent (40%) for the purposes identified in subsection (i)
and (2) sixty percent (60%) of three percent (3%) from the demand side management gas and
electric funds annually to the office of energy resources for activities associated with planning,
management, and evaluation of energy-efficiency programs, renewable energy programs, system
reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other
actions pertaining to the purposes, powers, and duties of the office of energy resources and shall
have exclusive authority to direct the use of the office administrative and programmatic funds.
(k) On April 15, of each year, the office and the council shall submit to the governor, the
president of the senate, and the speaker of the house of representatives, separate financial and
performance reports regarding the demand-side management programs, including the specific level
of funds that were contributed by the residential, municipal, and commercial and industrial sectors
to the overall programs; the businesses, vendors, and institutions that received funding from
demand-side management gas and electric funds used for the purposes in this section; and the
businesses, vendors, and institutions that received the administrative funds for the purposes in
subsections (i) and (j). These reports shall be posted electronically on the websites of the office of
energy resources and the energy efficiency and resources management council.
(l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each
electric distribution company, except for the Pascoag Utility District and Block Island Power
Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge
collections to the Rhode Island infrastructure bank.
(m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each
gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side
charge collections to the Rhode Island infrastructure bank.
(n) Effective January 1, 2022, the commission shall allocate, from demand-side
management gas and electric funds authorized pursuant to this section, five million dollars
($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and
electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this
section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation,
clean heating, energy storage, or demand-side management project financing program administered
by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such
collections set forth in this chapter. The infrastructure bank shall report annually to the commission
within ninety (90) days of the end of each calendar year how collections transferred under this
section were utilized.
(o) The Rhode Island office of energy resources, in coordination with the energy efficiency
and resource management council, and following consultation with the public utilities commission
and division of public utilities and carriers, shall issue a request for proposals for the cost effective
administration and implementation of statewide energy efficiency programs funded by this section
no later than September 30, 2023. The draft request for proposals shall be reviewed through at least
one technical session at the public utilities commission prior to issuance. Public utilities
commission approval shall not be required. The Rhode Island office of energy resources, in
coordination with the energy efficiency and resource management council, shall evaluate proposals
and determine whether energy efficiency administration and implementation by the electric and gas
distribution company or a third-party is likely to achieve the most net benefits for electric and gas
customers in Rhode Island. After January 1, 2025, the office of energy resources may, periodically,
and at its discretion, issue additional requests for proposals for the administration and
implementation of state-wide energy efficiency programs funded through this chapter of an electric
distribution company as defined in § 39-1-2(a)(12) or gas distribution company included as a
public utility in § 39-1-2(a)(20) that has greater than one hundred thousand (100,000) customers.
(i) Nothing in this chapter shall prohibit the electric and/or gas distribution company from
submitting a proposal to administer and implement the state energy efficiency programs.
(ii) If the office of energy resources, in coordination with the energy efficiency and
resource management council, determines that the use of a third-party administrator is likely to
achieve the most net benefits for electric and gas customers in Rhode Island, it shall file its
recommendation with the public utilities commission, which shall docket and rule on the matter
pursuant to its general statutory authorization.
(iii) If the commission determines that the recommended third-party administrator is in the
interest of Rhode Island utility customers, it shall provide for the full cost recovery for the third-
party administrator consistent with the terms of the approved contract, and which shall reflect the
overall annual budget approved by the commission. The third-party administrator shall be subject
to all the requirements set forth for the electric and gas distribution company per § 39-1-27.7.
(iv) If the commission determines that a third-party administrator will administer the state
energy efficiency programs on or after June 1, 2024, the commission shall direct the gas and electric
distribution company to collect and transfer the gas and electric energy efficiency funds to the third-
party administrator for the annual state energy efficiency program beginning with the program year
and thereafter for the remaining program years. The gas and electric distribution shall transfer the
annual administrative funds to the office of energy resources and energy efficiency and resource
management council.
(v) If a third-party administrator implements the annual energy efficiency programs then
they shall be required to develop and design the annual state energy efficiency program with the
office of energy resources and energy efficiency and resource management council, including a
vote by the energy efficiency and resource management council prior to the third-party
administrator filing the annual program plan to the public utilities commission for review and a
decision.
(vi) The third-party administrator shall file the annual state energy efficiency program plan
to the public utilities commission for review and approval no later than September 30, 2024, and
annually thereafter on such date.
(vii) The third-party administrator shall provide all information requested by the office of
energy resources, energy efficiency and resource management council, division of public utilities
and carriers and the public utilities commission, including responses to data requests, which are
necessary for the agencies to carry out their respective oversight roles, and shall be accountable to
the same standards as the utility with administering and implementing energy efficiency, system
reliability and least cost procurement standards and goals in accordance with §§ 39-1-27.7 and 39-
2-1.2.
(viii) If the office does not recommend advancement of a third-party administrator, the
electric and gas distribution company shall continue to administer statewide energy efficiency
programs.
SECTION 3. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby
amended by adding thereto the following section:
There is hereby established a restricted receipt account in the general fund of the state and
housed in the budget of the department of administration entitled "RGGI-executive climate change
coordinating council projects." The express purpose of this account is to record receipts and
expenditures allocated pursuant to § 23-82-6(7).
The Rhode Island executive climate change coordinating council shall report annually to
the governor and general assembly within one hundred twenty (120) days of the end of each
calendar year how the funds were used to achieve the statutory objectives of the 2021 Act on
Climate.
SECTION 4. This article shall take effect upon passage.
=======
art.006/3/006/2
=======
RELATING TO HOUSING
SECTION 1. Section 42-55-5.1 of the General Laws in chapter 42-55 entitled "Rhode
Island Housing and Mortgage Finance Corporation" is hereby amended to read as follows:
(a) To further its purposes, the corporation shall have the power to form one or more
subsidiary corporations under either § 7-1.2-1 et seq. or § 7-6-1 et seq. in accordance with the
procedures therein contained. Each subsidiary corporation shall be governed by the section under
which it is formed, provided that each shall be subject to the same restrictions and limitations as to
its powers and purposes to which the corporation is subject under this chapter and shall be deemed
a state agency only for the purposes of § 42-46-1 et seq. and § 38-2-1 et seq. The corporation may
delegate any of its powers, obligations, and duties under this chapter to any subsidiary corporation
by inclusion of its powers, obligations and duties in the articles of incorporation of the subsidiary
corporation. Subsidiary corporations so formed shall constitute legal entities separate and distinct
from each other, the corporation, and the state. The corporation shall not be liable for the debts or
obligations or for any actions or inactions of its subsidiary corporations unless the corporation
expressly agrees otherwise in writing. The corporation may make loans or grants to a subsidiary
corporation from time to time to enable the subsidiary corporation to carry out its purposes. The
commissioners of the corporation shall constitute all of the directors of each subsidiary corporation.
(b) The state, any municipality or any state commission, public authority, agency, officer,
department, board, or division authorized and empowered to enter into agreements with, to grant,
convey, lease, or otherwise transfer any property to, or to otherwise transact business with the
corporation, shall have the same authorization and power to engage in these activities with each
subsidiary corporation of the corporation.
(c) Any subsidiary entity of the corporation whose principal purpose is the acquisition or
betterment of real property is, subject to the period of limitations set forth in § 9-1-25, liable in
actions of tort only to the extent that those actions do not arise from the performance of any
functions found or deemed to be essential or discretionary governmental functions. Any recovery
in an action or any recovery by any person in one or more of any actions against the subsidiary
entity, its directors, employees, or agents, shall not exceed one hundred thousand dollars ($100,000)
per plaintiff in the absence of fraud or willful misconduct. In the absence of fraud or willful
misconduct, the directors are not personally liable to any party on account of any action (whether
tort or otherwise) arising from or related to the manner or terms of the disposition of the subsidiary's
assets, nor shall the manner or terms of the disposition constitute a defense to any obligation owed
to the corporation.
SECTION 2. Section 42-55-24 of the General Laws in chapter 42-55 entitled "Tax
exemption" is hereby amended to read as follows:
The exercise of the powers granted by this chapter will be in all respects for the benefit of
the people of the state, for their wellbeing and prosperity and for the improvement of their social
and economic conditions, and the corporation, or any subsidiary thereof created or authorized
pursuant to§ 42-55-5.1, shall not be required to pay any tax or assessment on any property owned
by the corporation or by any subsidiary thereof under the provisions of this chapter or upon the
income from the property; nor shall the corporation or any subsidiary thereof be required to pay
any recording fee or transfer tax of any kind on account of instruments recorded by it or on its
behalf. Any bonds, notes, or other obligations issued by the corporation or any subsidiary thereof
under the provisions of this chapter, their transfer, and the income from them (including any profits
made on their sale), shall at all times be free from taxation by the state or any political subdivision
or other instrumentality of the state, excepting inheritance, estate, and gift taxes.
SECTION 3. Section 42-64.34-2 of the General Laws in chapter 42-64.34 entitled "The
Department of Housing" is hereby amended to read as follows:
The secretary of housing shall have all powers and duties pursuant to § 42 64.19 3(a)(4).
(a) The department of housing shall be the state's lead agency for housing, homelessness,
and community development in the state of Rhode Island.
(b) The secretary of housing shall have the following powers and duties:
(1) All powers and duties pursuant to § 42-64.19-3(a)(4);
(2) To supervise the work of the department of housing and to act as its chief administrative
officer;
(3) To coordinate the administration and financing of various departments or offices within
the department of housing;
(4) To serve as the governor's chief advisor and liaison to federal policymakers on housing,
homelessness, and community development as well as the principal point of contact on any such
related matters;
(5) To coordinate the housing, homelessness, and community development programs of
the state of Rhode Island and its departments, agencies, commissions, corporations, and
subdivisions;
(6) To employ such personnel and contracts for such consulting services as may be required
to perform the powers and duties conferred upon the secretary of housing;
(7) To oversee and direct the administration of funds that may be appropriated from time
to time to the department of housing;
(c) In addition to such other powers as may otherwise be delegated elsewhere to the
department of housing, the department is hereby expressly authorized, by and through the secretary
of housing:
(1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and
otherwise deal in and with, real or personal property, or any interest in real or personal property,
wherever situated.
(2) To accept any gifts or grants or loans of funds or property or financial or other aid in
any form from the federal government or any agency or instrumentality of the federal government,
or from the state or any agency or instrumentality of the state, or from any other source and to
comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants,
or loans.
(3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts,
agreements, and cooperative agreements with agencies and political subdivisions of the state, not-
for-profit corporations, for-profit corporations, and other partnerships, associations, and persons
for any lawful purpose necessary and desirable to effectuate the purposes of the department of
housing; and
(4) To carry out this chapter and perform the duties of the general laws and public laws
insofar as those provisions relate to any regulatory areas within the jurisdiction of the department
of housing.
SECTION 4. Chapter 42-64.34 of the General Laws entitled "The Department of Housing"
is hereby amended by adding thereto the following sections:
The secretary of housing may promulgate such rules and regulations in accordance with
the provisions of chapter 35 of title 42 as are necessary and proper to carry out the duties assigned
to him or her or to the department of housing by this title or any other provision of law.
If any provision of this chapter or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications of the chapter; which
can be given effect without the invalid provision or application, and to this end the provisions of
this chapter are declared to be severable.
SECTION 5. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding
thereto the following chapter:
CHAPTER 44-71
LOW-INCOME HOUSING TAX CREDITS
This chapter shall be known and may be cited as the "Low-Income Housing Tax Credit
Act."
It is hereby found and declared that the state is facing significant housing challenges, which
must be addressed for the welfare of the State's residents. The purpose of the Rhode Island low-
income housing tax credit established pursuant to this chapter is to increase the development and
availability of affordable housing in the state.
As used in this chapter:
(1) "Applicant" means a developer applying for a Rhode Island low-income housing tax
credit.
(2) "Compliance period" means the period of fifteen (15) taxable years beginning with the
taxable year in which the Rhode Island low-income housing project is completed.
(3) "Department" means the Department of Housing established pursuant to § 42-64.34-1
(4) "Developer" means a person, firm, business, partnership, association, political
subdivision, or other entity that proposes to build or builds a qualified Rhode Island project.
(5) "Eligibility statement" means a statement authorized and issued by the Department
certifying that a given project is a qualified Rhode Island project and setting forth the annual amount
of the Rhode Island low-income housing tax credit allocated to the project. The eligibility statement
shall be on a form promulgated by the Department in consultation with the division of taxation.
(6) "Federal low-income housing tax credit" means the federal tax credit as provided in
section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable year.
(7) "Low-income project" means a qualified low-income housing project, as defined in
section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable year, which
has restricted rents.
(8) "Qualified Rhode Island project" means a qualified low-income housing project, as
defined in section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable
year, which is located in the state of Rhode Island, which meets the requirements of this chapter,
and whose owner enters into a tax credit agreement with the Department.
(9) "Rhode Island low-income housing tax credit" means the tax credit established pursuant
5 to § 44-71-4.
(10) "Tax credit agreement" means an agreement between the owner of the qualified Rhode
Island project and the Department and filed as an affordable housing restriction in the land records
of the city or town where the real estate lies that requires the project to be operated in accordance
with the requirements of this chapter for not less than thirty (30) years from the expiration date of
the compliance period.
(11) "Taxpayer" means a person, firm, partnership, trust, estate, limited liability company,
corporation (whether for profit or nonprofit) or other entity having an ownership interest in a
qualified Rhode Island project, either directly or through one or more pass-through entities, that is
subject to the taxes imposed on such person or entity pursuant to chapter 11, 13, 14, 17 or 30 of
this title.
The Rhode Island low-income housing tax credit program is hereby established as a
program under the jurisdiction and administration of the Department. The program may provide
tax credits for a period of five (5) years to applicants that are competitively selected and that meet
the requirements of this chapter. The Department shall not obligate Rhode Island low-income
housing tax credits that cumulatively total in excess of thirty million dollars ($30 million) in any
fiscal year.
(1) A taxpayer owning an interest in a qualified Rhode Island project may be allowed a
Rhode Island low-income housing tax credit against the taxes imposed pursuant to chapter 11, 13,
14, 17 or 30 of this title with respect to that qualified Rhode Island project in an amount authorized,
determined, and allocated by the Department based on the qualified Rhode Island project's need for
the credit for economic feasibility, provided that the Department issues an eligibility statement for
that qualified Rhode Island project.
(2) At the time of application to the Department for an eligibility statement, an applicant
shall, through its chief executive officer or equivalent authorized officer, demonstrate to the
Department that:
(a) The project is a qualified Rhode Island project;
(b) The owner of the qualified Rhode Island project has entered into a tax credit agreement
with the Department; and
(c) The applicant satisfies other additional criteria determined by the Department from time
to time.
(3) The Rhode Island low-income housing tax credit allocated to a taxpayer with respect
to a qualified Rhode Island project shall be taken against the taxpayer's taxes imposed pursuant to
chapters 11, 13, 14, 17 or 30 of this title. The amount of a tax credit allowed under this chapter
shall be allowable to the taxpayer in five equal annual increments. If the portion of the tax credit
allowed under this chapter exceeds the taxpayer's total tax liability for the year in which the relevant
portion of the credit is taken, the amount that exceeds the taxpayer's tax liability may be carried
forward for credit against the taxes imposed for the succeeding four (4) years, or until the full credit
is used, whichever occurs first.
(4) A qualified Rhode Island project that receives other incentives or tax credits available
under the general laws of this state is also eligible to receive an allocation of Rhode Island low-
income housing tax credits pursuant to this chapter.
(5) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem
this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division
of taxation, in consultation with the department, shall establish by regulation a redemption process
for tax credits.
(1) Upon issuance of the eligibility statement the Department shall, on behalf of the State
of Rhode Island, award tax credits and issue tax credit certificates in the amount authorized and
allocated in accordance with the eligibility statement and the tax credit agreement. The Department
shall provide copies of eligibility statements and tax credit certificates to the division of taxation
within thirty (30) days of issuance, including copies of all eligibility statements and tax credit
certificates that are reissued, transferred, sold, or assigned.
(2) The owner of a qualified Rhode Island project eligible for the Rhode Island low-income
housing tax credit shall submit, at the time of filing the project owner's state tax return, the original
tax credit certificate issued by the Department with respect to such qualified Rhode Island project.
In the case of failure to attach the tax credit certificate, a credit under this section shall not be
allowed with respect to such qualified Rhode Island project for that year until the original tax credit
certificate is provided to the division of taxation.
(1) If under Section 42 of the 1986 Internal Revenue Code, as amended, a portion of any
federal low-income housing tax credits taken on a low-income project is required to be recaptured,
the Rhode Island low-income housing tax credit authorized with respect to such qualified Rhode
Island project shall also be recaptured. The state recapture amount shall be equal to the amount of
the Rhode Island low-income housing tax credits previously claimed times a fraction, the numerator
of which shall be the amount of recaptured federal low-income housing tax credits and the
denominator of which shall be the amount of federal low-income housing tax credits previously
claimed.
(2) The Department shall provide notification of recapture determinations to the division
of taxation within thirty (30) days. Such notifications shall include the proportion of the Rhode
Island low-income housing tax credit to be recaptured, the identity of each taxpayer subject to the
recapture and the amount of credit previously allocated to such taxpayer.
All or any portion of unused tax credits issued in accordance with the provisions of this
chapter may be transferred, sold, or assigned to taxpayers eligible under the provisions of this
chapter.
44-71-9. Rules and regulations.
The Department, in consultation with the division of taxation, shall adopt guidelines,
directives, criteria, and rules and regulations pursuant to § 42-35-1 et seq. to implement the
purposes of the Rhode Island low-income housing tax credit program.
19 44-71-10. Reporting.
By November 1, 2024, and each year thereafter, the Department shall report to the
governor, the chairpersons of the house and senate finance committees, and the house and senate
fiscal advisors, the amount of Rhode Island low-income housing tax credits that were approved
during the prior fiscal year. A summary of any tax credit agreements entered into under this chapter
by the Department and applicants shall be sent to the division of taxation and shall be public and
shall be published by the tax administrator on the tax division website.
There is hereby established at the department of housing a restricted account known as the
low income housing tax credit fund (the "fund") in which all amounts appropriated for the program
authorized in this chapter shall be deposited. The fund shall be used for the purpose of securing
payment for the redemption of tax credits or to reimbursement to the state for tax credits applied
against a taxpayer's liability.
32 44-71-12. Sunset.
No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2028.
SECTION 6. Section 45-24-76 of the General Laws in Chapter 45-24 entitled “Zoning
Ordinances” is hereby amended to read as follows:
(a) Each municipality within the state shall furnish to the division of statewide planning
Department of Housing information on:
(1) Any ordinances enacted related to accessory dwelling units, including those that
implement this section of law during the previous calendar year;
(2) All accessory dwelling units permitted during each of the two (2) previous calendar
years; and
(3) All accessory dwelling units issued a certificate of occupancy during each of the two
(2) previous calendar years.
(b) Municipalities shall provide the information in subsection (a) annually by February 1.
Statewide planning The Department of Housing shall produce an annual report of municipal
activity related to accessory dwelling units, with the information identified in subsection (a) on a
statewide basis and disaggregated by municipality and shall provide a copy of the report to the
speaker of the house, the president of the senate and the secretary of housing by March 1.
SECTION 7. Section 45-53-11 of the General Laws in Chapter 45-53 entitled “Low and
Moderate Income Housing” is hereby amended to read as follows:
(a) The division of statewide planning (the “division”) established pursuant to chapter 11
of title 42 The Department of Housing shall maintain records and shall prepare a report (“report”)
on an annual basis to be submitted to the speaker of the house, the president of the senate, and the
housing resources commission, and the secretary of housing. The report shall also be made
available on the division’s department’s website for a period of at least three (3) years, and shall
also be deemed to be a public record. The report shall be due on or before March 15, of each year,
commencing in calendar year 2023.
(b) The report required by this section shall contain the following for the preceding twelve-
month (12) calendar period covered by the report:
(1) The number of letters of eligibility issued for low- and moderate-income housing for
applications made pursuant to this chapter and § 42-55-5.3, the federal, state, and municipal subsidy
programs under which they were eligible, and the number of proposed subsidized units involved,
by city and town, during the preceding calendar year, as provided by the Rhode Island housing
corporation.
(2) The status of each comprehensive permit application for which a letter of eligibility
was issued disaggregated by municipality.
(3) The number of comprehensive permit applications that have had building permits
issued, including the number of market rate housing units, the number of low- and moderate-
income housing units, and the AMI restrictions associated both pursuant to § 45-53-4, aggregated
by the total number of such applications in the state and disaggregated by each municipality in the
state.
(4) The number of comprehensive permit applications that have had certificates of
occupancy issued, aggregated by the total number of such applications in the state and
disaggregated by each municipality in the state.
(c) Each municipality shall annually provide to the division department the information on
comprehensive permit activity described in subsection (b) of this section by February 1.
SECTION 8. This article shall take effect upon passage.
art.007/7/007/6/007/5/007/4/007/3/007/2/007/1
=======
RELATING TO ECONOMIC DEVELOPMENT
SECTION 1. Sections 5-21-1 and 5-21-2 of the General Laws in Chapter 5-21 entitled
“Second-Hand Dealers” is hereby amended to read as follows:
(a) The city or town council of any city or town is authorized to provide by ordinance for
the issuing and revocation at pleasure of licenses to all persons selling, purchasing, bartering, and
dealing in junk, old metals, and any other second-hand metal articles, and to all persons
establishing, operating, or maintaining automobile junkyards, subject to any conditions and
restrictions and for a term not exceeding one year that may be in the like manner prescribed; and
also for charging and collecting fees for those licenses. The fees in the like manner prescribed shall
not exceed the sum of one hundred dollars ($100) for the keeper of a shop an establishment or
storehouse for the reception of any junk, old metals, or second-hand metal articles which is not an
automobile junkyard; the sum of five dollars ($5.00) for any foundry person or other person
receiving the same for the purpose of melting or converting the junk, old metals, or second-hand
metal articles into castings; the sum of five dollars ($5.00) for any gatherer of these items in any
bag, wagon, or cart; or the sum of one hundred dollars ($100) for any person establishing, operating,
or maintaining an automobile junkyard; and also to fix a penalty for carrying on that business
without a license, or in violation of any ordinance or regulation made as authorized in this chapter,
not exceeding for any one offense a fine of five hundred dollars ($500) or imprisonment not
exceeding six (6) months.
(b) The ordinance shall provide that each person purchasing or receiving old or used metals
other than junked automobiles or automobile parts shall maintain a record of each purchase or
receipt. The record shall include the date of the transaction, the name, address, telephone number,
and signature of the person from whom the old or used metals are purchased or received; a
description of the old or used metals; and the price paid for the old or used metals. The records so
kept shall be produced at the request of law enforcement officials.
(c) Businesses primarily engaged in the retail sale of the following goods, as expressly
defined below in this subsection, are exempt from any licensing requirements imposed under this
section: (1) second-hand consignment goods; (2) resale goods; (3) thrift goods; and (4) antiques.
“Second-hand consignment goods” means used items, including but not limited to artwork,
furniture, clothing, accessories and books that are sold by a third party, which receives a percentage
of the revenue from the sale. “Resale goods” means goods, including but not limited to artwork,
furniture, clothing, accessories, and books, that are purchased from the original owner and resold.
“Thrift goods” means used items, including but not limited to artwork, furniture, clothing,
accessories, and books, that are sold by or on behalf of a charity or non-profit organization.
“Antiques” means items made in an earlier period that are collected and considered to have value
because they are beautiful, rare, old, or of high quality.
(a) The local licensing authority of a city or town, before granting a license under this
chapter to keep a shop an establishment or storehouse for the reception of any junk, old metals, or
other second-hand metal articles or to establish, operate, or maintain an automobile junkyard, in
any location not lawfully occupied for that purpose at the time of the application for that license,
shall hold a public hearing, notice of which shall be posted at least seven (7) days but not more than
fourteen (14) days prior to the hearing in not less than two (2) public places in that city or town and
in a newspaper of general circulation in that city or town where the shop establishment, storehouse,
or junkyard is to be established, operated, or maintained. Before the local licensing authority posts
or publishes a notice of a hearing, the local licensing authority shall collect from the applicant for
the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice.
(b) No license shall be granted under this chapter to the keeper of any shop establishment
or storehouse for the reception of any junk, old metals, or other second-hand metal articles or to a
person establishing, operating, or maintaining an automobile junkyard, in any location not lawfully
occupied for that purpose at the time of the application for the license, where the owners or
occupants of the greater part of the land within two hundred (200) feet of that building or place file
with the board, city or town council, respectively, having jurisdiction to grant licenses, their
objection to the granting of the license. This subsection does not apply to any applicant who is the
keeper of a shop an establishment or storehouse, or automobile junkyard, that is being acquired
under eminent domain proceedings, who is applying for licensing within § 5-21-1 within the same
city or town in which he or she was formerly licensed.
SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby
amended by adding thereto the following chapter:
CHAPTER 99
THE RHODE ISLAND LIFE SCIENCE HUB ACT
This act shall be known and may be cited as the "Rhode Island Life Science Hub Act".
The purpose of this chapter shall be to create and lawfully manage the Rhode Island Life
Science Hub, a public corporation. The Rhode Island Life Science Hub shall be the central entity
and coordinating organization of life science initiatives on behalf of the state and shall:
(1) Facilitate the development of medical advances and scientific breakthroughs with
companies who specialize in the fields of: medical devices, biomedical technology, medical
therapeutic therapies, biogenetics, biomedical engineering, biopharmaceuticals, genomics, and life
sciences; and,
(2) Through targeted investment of grants, tax credits, and incentives, fund and incubate
Rhode Island-based life science companies that will promote economic and workforce development
within the state and that shall allow the state to successfully compete in the national and
international life science industries.
As used in this chapter, the following words shall have the following meanings:
(1) “Affiliate” means any person or company that directly or indirectly controls or is
controlled by or is under direct or indirect common control of another company or person including,
but not limited to, any company that is merged or consolidated, or which purchases all or
substantially all of the assets of another company.
(2) “Board” means the board of directors of the Hub.
(3) “Certification proposal” means a written proposal submitted by a life science company
for approval as a certified life sciences company.
(4) “Certified life sciences company” means a company that has been certified by the board
as being eligible to receive grants and incentives from the investment fund.
(5) “Commerce corporation” means the Rhode Island Commerce Corporation, established
pursuant to R.I. Gen. Laws § 42-64-1, et seq.
(6) “Company” means a business corporation, partnership, firm, unincorporated
association, or other entity engaged or proposing to engage in economic activity within the state,
and any affiliate thereof.
(7) “Hub” means the Rhode Island life science hub established by § 23-99-4.
(8) “Investment fund” means the hub investment fund established by § 23-99-6.
(9) “Life science” means and shall include, but not be limited to the science of: medical
devices, biomedical technology, medical therapeutic therapies, biogenetics, biomedical
engineering, biopharmaceuticals, genomics, biomanufacturing, diagnostics, digital health, and
related fields.
(10) “Life science company” means a company engaged in life science research,
development, manufacturing, incubation, or commercialization in Rhode Island, and any affiliate
thereof.
(11) “Life sciences industry” means the fields of medical devices, biomedical technology,
medical therapeutic therapies, biogenetics, biomedical engineering, biopharmaceuticals, genomics,
biomanufacturing, diagnostics, digital health and related fields.
(12) “Person” means a natural person, company, or other legal entity.
(13) “State” means the State of Rhode Island.
(14) "Venture" means, without limitation, any contractual arrangement with any person
whereby the corporation obtains rights from or in an invention or product or proceeds therefrom,
or rights to obtain from any person any and all forms of equity instruments including, but not limited
to, common and preferred stock, warrants, options, convertible debentures and similar types of
instruments exercisable or convertible into capital stock, in exchange for the granting of financial
aid to such person.
(a) There is hereby constituted as an independent public a public corporation for the
purposes set forth in this chapter with a separate legal existence from the state to be known as the
Rhode Island life science hub hereinafter to be referred as the “hub”. The exercise by the hub of
the powers conferred by this chapter shall be considered to be the performance of an essential
governmental function.
(b) The hub shall be governed and its corporate powers exercised by a board of directors
consisting of fifteen (15) directors: seven (7) of whom shall be appointed by the governor, one of
whom shall be a senior executive with extensive background in the banking, grant making, and
fundraising fields, one of whom shall be a member of a life science trade association, or his or her
designee, one of whom shall be the president or a senior executive of a Rhode Island based life
science company, or his or her designee, two (2) of whom shall be senior executives of Rhode
Island based life science companies specializing in biomanufacturing, or his or her designees, one
of whom shall be a representative of organized labor, or his or her designee, and one of whom shall
be a member of the public who shall be a certified public accountant and a member of the Rhode
Island society of certified public accountants; one of whom shall be the secretary of commerce;
three (3) of whom shall be the president of Rhode Island college, or his or her designee, the
president of the university of Rhode Island, or his or her designee, and the president of Brown
university, or his or her designee; one of whom shall be the dean of the Warren Alpert Medical
School of Brown university, or his or her designee; one of whom shall be the president and chief
executive officer of the Lifespan Corporation, or his or her designee; one of whom shall be the
president and chief executive officer of Care New England Health System, or his or her designee;
and one of whom shall be an ex officio director who shall also be the director of economic
development for the city of Providence, or his or her designee.
(c) The chair of the board shall be appointed by the governor, with the advice and consent
of the senate, and shall be an individual who served in the capacity as a senior executive with
extensive background in the banking, grant making, and fundraising fields. The vice-chair of the
board shall be the secretary of commerce. Eight (8) directors shall constitute a quorum, and any
action to be taken by the board under the provisions of this chapter may be authorized by resolution
approved by a majority of the directors present and entitled to vote at any regular or special meeting
at which a quorum is present. No votes on the certification of any life science company nor on the
allocation or award of any fund resources to any certified life science company shall be taken unless
the chair is present and voting. A vacancy in the membership of the board of directors shall not
impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.
Pursuant to § 42-46-5(b)(6), board directors are authorized to participate remotely using
videoconferencing technology in open public meetings of the board; provided, however, that:
(1) The remote director(s) and all persons present at the meeting location are clearly audible
and visible to each other;
(2) A quorum of the body is participating, either in person or by the use of remote
videoconferencing technology;
(3) A member of the board who participates in a meeting of the board remotely shall be
considered present for purposes of a quorum and voting;
(4) If videoconferencing is used to conduct a meeting, the public notice for the meeting
shall inform the public that videoconferencing will be used and include instructions on how the
public can access the virtual meeting; and
(5) The board shall adopt rules defining the requirements of remote participation including
its use for executive session, and the conditions by which a director is authorized to participate
remotely.
(d) Each board member shall serve a term of four (4) years. In the event that the chair of
the board position becomes vacant for any reason, or the chair is not able to perform the duties of
that position for any reason, the vice chair shall serve as the interim chair until the chair is able to
resume his or her duties; provided, however, in the event that the chair is not able to resume his or
her duties in that position, the governor shall appoint a new chair and, in making this appointment,
the governor shall give due consideration to appointing an individual from a list of six (6)
candidates, three (3) of whom shall be provided to the governor by the speaker of the house and
three (3) of whom shall be provided to the governor by the president of the senate. Any person
appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in
a like manner and shall serve for the unexpired term of such director. Any director shall be eligible
for reappointment.
(e) The director of the board who is a member of the public and who is a certified public
accountant and a member of the Rhode Island society of certified public accountants shall serve as
treasurer and shall be charged with keeping the funds, books of account and accounting records of
the hub. No grants, tax credits, or incentives shall be issued by the hub to any certified life science
company without the approval of the board and the signature of the treasurer. The board shall
annually elect a secretary who shall keep a record of the proceedings of the board and shall be
custodian of all books, documents, and papers.
(f) Board Directors shall serve without compensation, but each director shall be entitled to
reimbursement for actual, reasonable, and necessary expenses while engaged in the performance
of official duties. Board directors, officers, and employees shall not be liable to the state, the hub,
or to any other person as a result of their activities except for malfeasance in office or intentional
violations of law.
(g) The board shall establish an application review committee consisting of not less than
three (3) directors of the board, which shall review certification proposals submitted by life sciences
companies that shall be supported by independently verifiable information, and the board shall
make a record of findings based on the certification proposal, documents submitted therewith, and
any additional evidence that the life science company meets all criteria that the hub may prescribe.
(h) Certified life science companies shall be eligible to receive funding from the hub, upon
a majority vote of the board, for the following benefits which shall be awarded by the board on a
competitive basis:
(1) Grants, loans, or other investments;
(2) Assistance from the hub in obtaining federal, state, and nonprofit monies; or
(3) Assistance from the hub in facilitating clinical trials.
(i) Notwithstanding any other provisions of law in relation to their tenure of office, the
governor may remove any board director for the neglect of any duty required by law, incompetence,
unprofessional conduct, or willful misconduct.
(j) Each director shall make full disclosure, in accordance with §§ 36-14-1 through 36-14-
7, of any financial interest, if any, in any matter before the board. Such interest must be disclosed
in advance to the directors of the board, recorded in the minutes of the board, and the director
having such an interest shall recuse themselves and shall not participate in any decision of the board
relating to such interest.
(k) With the advice and consent of the senate, the board shall have the power to hire a
president, who shall also serve as the chief executive officer of the hub. The board also shall have
the power to establish compensation and conditions of employment for the president and chief
executive officer; provided, further, the board shall have the power to hire other employees and
establish compensation and conditions of employment for such employees.
(l) The commerce corporation shall provide operating quarters for the hub for, at a
minimum, the first year of the hub’s operation.
(a) The hub shall have the following powers and all powers necessary to carry out and
effectuate its purposes, including, without limitation, all powers necessary for the performance of
the following:
(1) To have perpetual succession as a public corporate body and agency of the state and to
adopt bylaws, rules, regulations, and procedures for its governance and conduct of its business;
(2) To act as the central entity and coordinating organization of life sciences initiatives on
behalf of the state and to work in collaboration with governmental entities, bodies, centers, hubs,
and facilities to promote life sciences;
(3) To engage accountants, architects, attorneys, engineers, planners, real estate experts,
and other consultants as may be necessary in its judgment to carry out the purposes of this chapter;
(4) To obtain insurance for board directors, officers, and employees in order to indemnify
said persons against the claims of others;
(5) To administer the investment fund, for the purposes of making appropriations,
allocations, grants, or loans;
(6) To apply for and accept contributions of any source of money, property, labor, or any
other things of value and to invest, disburse, appropriate, grant, loan, or allocate any funds for the
purpose of investing in any life science initiative;
(7) To create access to capital, funding, and business support programs;
(8) To enter into venture agreements with persons, upon such terms and on such conditions
as are consistent with the purposes of this chapter, for the advancement of financial aid to such
persons for the research, development and application of specific technologies, products,
procedures, services and techniques, to be developed and produced in this state, and to condition
such agreements upon contractual assurances that the benefits of increasing or maintaining
employment and tax revenues shall remain in this state and shall accrue to it;
(9) To enter into contracts and agreements to further scientific research in the state, aid in
the promotion of the health of residents, foster jobs in the life sciences, and promote overall
economic growth in the life sciences industry; and
(10) To issue bonds, notes, and any other obligations of the hub, subject to the provisions
of chapter 18 of title 35 ("Rhode Island public corporation debt management").
(a) There shall be established and placed within the hub, a fund or funds to be known as
the Rhode Island life science investment fund, hereinafter referred to as the "fund", to be held by
the hub to finance the operations and initiatives of the hub. The fund shall be credited any
appropriations, bond proceeds, federal grants or loans, or other such additional funds as are subject
to the direction and control of the hub, which may properly be applied in furtherance of the
objectives of the hub.
(b) The fund shall be held and applied by the hub to make qualified investments, grants,
research and other funding, and loans designed to advance public purposes for the life science
industry in the state and shall use the fund for such purposes.
(c) The state shall not be liable for the payment of the principal of, or interest on, any bonds
or notes of the hub, or for the performance of any pledge, mortgage, obligation, or agreement of
any kind whatsoever which may be undertaken by the hub, and none of the bonds or notes of the
hub nor any of its agreements or obligations shall be construed to constitute an indebtedness of the
state. Payments related to any transaction involving, or investment by, the hub shall be payable
solely from the fund.
(d) The board shall promulgate rules, regulations or guidelines necessary to carry out the
provisions of this section.
(a) The hub shall submit a report, beginning on or before October 1, 2024, and on October
1 annually thereafter, to the governor, the speaker of the house, and the president of the senate. This
report shall include:
(1) The hub’s receipts and expenditures during such fiscal year;
(2) The hub’s assets and liabilities at the end of its fiscal year;
(3) A list of all certified life sciences companies;
(4) A complete list of grants awarded by the hub and any other funding activities;
(5) Reports of patents or products resulting from funded activities;
(6) The status of construction of any real estate project resulting from certification,
including whether construction is on-time and on-budget;
(7) Any federal initiatives that have an impact on life science companies doing business in
the state; and
(8) Any concerns surrounding pending or threatened litigation, pending legislation both
state and federal, or any other known material risks.
(a) The board shall be responsible for establishing accountability standards, reporting
standards, and outcome measurements for all of its expenditures, including all investments and
grants.
(b) The board and the hub shall comply with provisions of chapter 155 of title 42, ("quasi-
public corporations accountability and transparency act").
(c) In addition to the requirements pursuant to the provisions of subsection (b) of this
section and § 42-155-7, the books and records of the hub shall be audited by an outside audit firm
selected and paid for by the Hub, in accordance with Rhode Island General Law 35-7-13 at least
on an annual basis, in accordance with generally accepted accounting principles and generally
accepted government auditing standards.
If any section, clause, provision, or portion of this chapter is held to be invalid or
unconstitutional by any court of competent jurisdiction, that holding shall not affect any other
section, clause, or provision of this chapter which is not in and of itself unconstitutional.
SECTION 3. Section 42-46-5 of the General Laws in Chapter 42-46 entitled "Open
Meetings" is hereby amended to read as follows:
(a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one
or more of the following purposes:
(1) Any discussions of the job performance, character, or physical or mental health of a
person or persons provided that the person or persons affected shall have been notified in advance
in writing and advised that they may require that the discussion be held at an open meeting.
Failure to provide notification shall render any action taken against the person or persons
affected null and void. Before going into a closed meeting pursuant to this subsection, the public
body shall state for the record that any persons to be discussed have been so notified and this
statement shall be noted in the minutes of the meeting.
(2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to
collective bargaining or litigation.
(3) Discussion regarding the matter of security including, but not limited to, the deployment
of security personnel or devices.
(4) Any investigative proceedings regarding allegations of misconduct, either civil or
criminal.
(5) Any discussions or considerations related to the acquisition or lease of real property for
public purposes, or of the disposition of publicly held property wherein advanced public
information would be detrimental to the interest of the public.
(6) Any discussions related to or concerning a prospective business or industry locating in
the state of Rhode Island when an open meeting would have a detrimental effect on the interest of
the public.
(7) A matter related to the question of the investment of public funds where the premature
disclosure would adversely affect the public interest. Public funds shall include any investment
plan or matter related thereto, including, but not limited to, state lottery plans for new promotions.
(8) Any executive sessions of a local school committee exclusively for the purposes: (i) Of
conducting student disciplinary hearings; or (ii) Of reviewing other matters that relate to the privacy
of students and their records, including all hearings of the various juvenile hearing boards of any
municipality; provided, however, that any affected student shall have been notified in advance in
writing and advised that he or she may require that the discussion be held in an open meeting.
Failure to provide notification shall render any action taken against the student or students
affected null and void. Before going into a closed meeting pursuant to this subsection, the public
body shall state for the record that any students to be discussed have been so notified and this
statement shall be noted in the minutes of the meeting.
(9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining
agreement.
(10) Any discussion of the personal finances of a prospective donor to a library.
(b) No meeting of members of a public body or use of electronic communication, including
telephonic communication and telephone conferencing, shall be used to circumvent the spirit or
requirements of this chapter; provided, however, these meetings and discussions are not prohibited.
(1) Provided, further however, that discussions of a public body via electronic
communication, including telephonic communication and telephone conferencing, shall be
permitted only to schedule a meeting, except as provided in this subsection.
(2) Provided, further however, that a member of a public body may participate by use of
electronic communication or telephone communication while on active duty in the armed services
of the United States.
(3) Provided, further however, that a member of that public body, who has a disability as
defined in chapter 87 of this title and:
(i) Cannot attend meetings of that public body solely by reason of the member’s disability;
and
(ii) Cannot otherwise participate in the meeting without the use of electronic
communication or telephone communication as reasonable accommodation, may participate by use
of electronic communication or telephone communication in accordance with the process below.
(4) The governor’s commission on disabilities is authorized and directed to:
(i) Establish rules and regulations for determining whether a member of a public body is
not otherwise able to participate in meetings of that public body without the use of electronic
communication or telephone communication as a reasonable accommodation due to that member’s
disability;
(ii) Grant a waiver that allows a member to participate by electronic communication or
telephone communication only if the member’s disability would prevent the member from being
physically present at the meeting location, and the use of such communication is the only
reasonable accommodation; and
(iii) Any waiver decisions shall be a matter of public record.
(5) The university of Rhode Island board of trustees members, established pursuant to §
16-32-2, are authorized to participate remotely in open public meetings of the board; provided,
however, that:
(i) The remote members and all persons present at the meeting location are clearly audible
and visible to each other;
(ii) A quorum of the body is participating;
(iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting
shall inform the public that videoconferencing will be used and include instructions on how the
public can access the virtual meeting; and
(iv) The board shall adopt rules defining the requirements of remote participation including
its use for executive session, and the conditions by which a member is authorized to participate
remotely.
(6) The Rhode Island Life Science Hub board of directors, established pursuant to § 23-
99-4, is authorized to participate remotely in open public meetings of the board, in accordance with
the provisions of § 23-99-4(c).
(c) This chapter shall not apply to proceedings of the judicial branch of state government
or probate court or municipal court proceedings in any city or town.
(d) This chapter shall not prohibit the removal of any person who willfully disrupts a
meeting to the extent that orderly conduct of the meeting is seriously compromised.
SECTION 4. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-
64.20 entitled “Rebuild Rhode Island Tax Credit Act” are hereby amended to read as follows:
(a) An applicant meeting the requirements of this chapter may be allowed a credit as set
forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of
the general laws for a qualified development project.
(b) To be eligible as a qualified development project entitled to tax credits, an applicant's
chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the
time of application, that:
(1) The applicant has committed a capital investment or owner equity of not less than
twenty percent (20%) of the total project cost;
(2) There is a project financing gap in which after taking into account all available private
and public funding sources, the project is not likely to be accomplished by private enterprise
without the tax credits described in this chapter; and
(3) The project fulfills the state's policy and planning objectives and priorities in that:
(i) The applicant will, at the discretion of the commerce corporation, obtain a tax
stabilization agreement from the municipality in which the real estate project is located on such
terms as the commerce corporation deems acceptable;
(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied
by at least one business employing at least 25 full-time employees after construction or such
additional full-time employees as the commerce corporation may determine; (B) Is a multi-family
residential development in a new, adaptive reuse, certified historic structure, or recognized
historical structure consisting of at least 20,000 square feet and having at least 20 residential units
in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic
structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at
least one business, subject to further definition through rules and regulations promulgated by the
commerce corporation; and
(iii) Involves a total project cost of not less than $5,000,000, except for a qualified
development project located in a hope community or redevelopment area designated under § 45-
32-4 in which event the commerce corporation shall have the discretion to modify the minimum
project cost requirement.
(c) The commerce corporation shall develop separate, streamlined application processes
for the issuance of rebuild RI tax credits for each of the following:
(1) Qualified development projects that involve certified historic structures;
(2) Qualified development projects that involve recognized historical structures;
(3) Qualified development projects that involve at least one manufacturer; and
(4) Qualified development projects that include affordable housing or workforce housing.
(d) Applications made for a historic structure or recognized historic structure tax credit
under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of
taxation, at the expense of the commerce corporation, shall provide communications from the
commerce corporation to those who have applied for and are in the queue awaiting the offer of tax
credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax
credit program.
(e) Applicants (1) Who have received the notice referenced in subsection (d) above and
who may be eligible for a tax credit pursuant to chapter 33.6 of title 44, (2) Whose application
involves a certified historic structure or recognized historical structure, or (3) Whose project is
occupied by at least one manufacturer shall be exempt from the requirements of subsections
(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:
(i) The division of taxation shall remain responsible for determining the eligibility of an
applicant for tax credits awarded under chapter 33.6 of title 44;
(ii) The commerce corporation shall retain sole authority for determining the eligibility of
an applicant for tax credits awarded under this chapter; and
(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the
annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this
subsection (e).
(f) Maximum project credit.
(1) For qualified development projects, the maximum tax credit allowed under this chapter
shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to
close a project financing gap (after taking into account all other private and public funding sources
available to the project), as determined by the commerce corporation.
(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)
for any qualified development project under this chapter; except as provided in subsection (f)(3) of
this section; provided however, any qualified development project that exceeds the project cap upon
passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further
increased. No building or qualified development project to be completed in phases or in multiple
projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all
phases or projects involved in the rehabilitation of the building. Provided, however, that for
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
in § 42-64.24-3(6) as a separate, qualified development project from a qualified development
project by a tenant or owner of a commercial condominium or similar legal interest including
leasehold improvement, fit out, and capital investment. Such qualified development project by a
tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be
exempted from subsection (f)(1)(i) of this section.
(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars
($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter
into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that
project is approved for credits pursuant to this chapter by the commerce corporation.
(g) Credits available under this chapter shall not exceed twenty percent (20%) of the project
cost, provided, however, that the applicant shall be eligible for additional tax credits of not more
than ten percent (10%) of the project cost, if the qualified development project meets any of the
following criteria or other additional criteria determined by the commerce corporation from time
to time in response to evolving economic or market conditions:
(1) The project includes adaptive reuse or development of a recognized historical structure;
(2) The project is undertaken by or for a targeted industry;
(3) The project is located in a transit-oriented development area;
(4) The project includes residential development of which at least twenty percent (20%) of
the residential units are designated as affordable housing or workforce housing;
(5) The project includes the adaptive reuse of property subject to the requirements of the
industrial property remediation and reuse act, § 23-19.14-1 et seq.; or
(6) The project includes commercial facilities constructed in accordance with the minimum
environmental and sustainability standards, as certified by the commerce corporation pursuant to
Leadership in Energy and Environmental Design or other equivalent standards.
(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,
inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed
two hundred ten million dollars ($210,000,000) two hundred twenty-five million dollars
($225,000,000), excluding any tax credits allowed pursuant to subsection (f)(3) of this section.
(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the
project is placed in service.
(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer
in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent
(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable
year.
(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total
tax liability for the year in which the relevant portion of the credit is allowed, the amount that
exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for
the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed
to a partnership, a limited-liability company taxed as a partnership, or multiple owners of property
shall be passed through to the persons designated as partners, members, or owners respectively pro
rata or pursuant to an executed agreement among persons designated as partners, members, or
owners documenting an alternate distribution method without regard to their sharing of other tax
or economic attributes of such entity.
(l) The commerce corporation, in consultation with the division of taxation, shall establish,
by regulation, the process for the assignment, transfer, or conveyance of tax credits.
(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer
for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller's tax calculation
for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,
without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a
natural person, the seller's tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,
for the year of revocation, or adjustment, shall be increased by including the total amount of the
sales proceeds without proration.
(n) The tax credit allowed under this chapter may be used as a credit against corporate
income taxes imposed under chapter 11, 13, 14, or 17, of title 44, or may be used as a credit against
personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such
as a partnership, a limited-liability company taxed as a partnership, or multiple owners of property.
(o) In the case of a corporation, this credit is only allowed against the tax of a corporation
included in a consolidated return that qualifies for the credit and not against the tax of other
corporations that may join in the filing of a consolidated tax return.
(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem
this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division
of taxation, in consultation with the commerce corporation, shall establish by regulation a
redemption process for tax credits.
(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the
commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
following classes of personal property only to the extent utilized directly and exclusively in the
project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;
or (2) Other materials, including construction materials and supplies, that are depreciable and have
a useful life of one year or more and are essential to the project.
(r) The commerce corporation shall promulgate rules and regulations for the administration
and certification of additional tax credit under subsection (e), including criteria for the eligibility,
evaluation, prioritization, and approval of projects that qualify for such additional tax credit.
(s) The commerce corporation shall not have any obligation to make any award or grant
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.
SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195
Redevelopment Project Fund Act” is hereby amended as follows:
34 42-64.24-8. Sunset.
No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant
to this chapter after December 31, 2023December 31, 2024.
SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.24 entitled “Small
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
General Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are
hereby amended to read as follows:
11 42-64.26-3. Definitions.
As used in this chapter:
(1) “Applicant” means an eligible graduate who applies for a tax credit for education loan
repayment expenses under this chapter.
(2) “Award” means a tax credit awarded by the commerce corporation to an applicant as
provided under this chapter.
(3) “Commerce corporation” means the Rhode Island commerce corporation established
pursuant to chapter 64 of this title.
(4) “Eligibility period” means a term of up to four (4) consecutive service periods
beginning with the date that an eligible graduate receives initial notice of award under this chapter
and expiring at the conclusion of the fourth service period after such date specified.
(5) “Eligibility requirements” means the following qualifications or criteria required for an
applicant to claim an award under this chapter:
(i) That the applicant shall have graduated from an accredited two-year (2), four-year (4)
or graduate postsecondary institution of higher learning with an associate’s, bachelor’s, graduate,
or post-graduate degree and at which the applicant incurred education loan repayment expenses;
(ii) That the applicant shall be a full-time employee with a Rhode Island-based employer
located in this state throughout the eligibility period, whose employment is
(a) for work in one or more of the following covered fields: life, natural or environmental
sciences; computer, information or software technology; advanced mathematics or finance;
engineering; industrial design or other commercially related design field; or medicine or medical
device technology;
(b) as a teacher; or
(c) as a healthcare applicant.
(6) “Eligible expenses” or “education loan repayment expenses” means annual higher
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
repay for attendance at a postsecondary institution of higher learning.
(7) “Eligible graduate” means an individual who meets the eligibility requirements under
this chapter.
(8) “Full-time employee” means a person who is employed by a business for consideration
for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of
service generally accepted by custom or practice as full-time employment, or who is employed by
a professional employer organization pursuant to an employee leasing agreement between the
business and the professional employer organization for a minimum of thirty-five (35) hours per
week, or who renders any other standard of service generally accepted by custom or practice as
full-time employment, and whose wages are subject to withholding.
(9) “Healthcare applicant” means any applicant who meets the eligibility requirements and
works as a full-time employee as a high-demand healthcare practitioner or mental health
professional, including, but not limited to, clinical social workers and mental health counselors
licensed by the department of health, and as defined in regulations to be promulgated by the
commerce corporation, in consultation with the executive office of health and human services,
pursuant to chapter 35 of this title.
(10) “Healthcare fund” refers to the “Healthcare Stay Invested in RI Wavemaker
Fellowship Fund” established pursuant to § 42-64.26-4(b).
(11)(10) “Rhode Island-based employer” means: (i) An employer having a principal place
of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) An
employer registered to conduct business in this state that reported Rhode Island tax liability in the
previous tax year.
(12)(11) “Service period” means a twelve-month (12) period beginning on the date that an
eligible graduate receives initial notice of award under this chapter.
(13)(12) “STEM/designf Fund” refers to the “Stay Invested in RI Wavemaker Fellowship
Fund” established pursuant to § 42-64.26-4(a).
(14)(13) “Student loan” means a loan to an individual by a public authority or private lender
to assist the individual to pay for tuition, books, and living expenses in order to attend a
postsecondary institution of higher learning.
(15)(14) “Taxpayer” means an applicant who receives a tax credit under this chapter.
(15) “Teacher” shall have the meaning prescribed to it in rules and regulations to be
promulgated by the Commerce Corporation in consultation with the Rhode Island Department of
Elementary and Secondary Education.
(a) There is hereby established the “Stay Invested in RI Wavemaker Fellowship Fund” to
be administered by the commerce corporation as set forth in this chapter.
(b) There is hereby established the “Healthcare Stay Invested in RI Wavemaker Fellowship
Fund” to be administered by the commerce corporation as set forth in this chapter.
(c)(b) The purpose of the STEM/design fund, and healthcare fund is to expand employment
opportunities in the state and to retain talented individuals in the state by providing tax credits in
relation to education loan repayment expenses to applicants who meet the eligibility requirements
under this chapter.
(d)(c) The STEM/design fund, and healthcare shall consist of:
(1) Money appropriated in the state budget to the fund;
(2) Money made available to the fund through federal programs or private contributions;
and
(3) Any other money made available to the fund.
(e)(d) The STEM/design fund shall be used to pay for the redemption of tax credits or
reimbursement to the state for tax credits applied against the tax liability of any non-healthcare
applicant who received an award. The healthcare fund shall be used to pay for the redemption of
tax credits or reimbursement to the state for tax credits applied against the tax liability of any
healthcare applicant who received an award on or after July 1, 2022. The funds shall be exempt
from attachment, levy, or any other process at law or in equity. The director of the department of
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
the state for tax credits applied against a taxpayer’s tax liability. The commerce corporation shall
pay from the funds such amounts as requested by the director of the department of revenue
necessary for redemption or reimbursement in relation to tax credits granted under this chapter.
(a) Application. An eligible graduate claiming an award under this chapter shall submit to
the commerce corporation an application in the manner that the commerce corporation shall
prescribe.
(b) Upon receipt of a proper application from an applicant who meets all of the eligibility
requirements, the commerce corporation shall select applicants on a competitive basis to receive
credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for
an associate’s degree holder, four thousand dollars ($4,000) for a bachelor’s degree holder, and six
thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the
education loan repayment expenses incurred by such taxpayer during each service period
completed, for up to four (4) consecutive service periods provided that the taxpayer continues to
meet the eligibility requirements throughout the eligibility period. The commerce corporation shall
delegate the selection of the applicants that are to receive awards to a fellowship committee to be
convened by the commerce corporation and promulgate the selection procedures the fellowship
committee will use, which procedures shall require that the committee’s consideration of
applications be conducted on a name-blind and employer-blind basis and that the applications and
other supporting documents received or reviewed by the fellowship committee shall be redacted of
the applicant’s name, street address, and other personally-identifying information as well as the
applicant’s employer’s name, street address, and other employer-identifying information. The
commerce corporation shall determine the composition of the fellowship committee and the
selection procedures it will use in consultation with the state’s chambers of commerce.
Notwithstanding the foregoing, the commerce corporation shall create and establish a committee
to evaluate any healthcare applicant for an award in the same manner as prescribed in this
subsection. The executive office of health and human services (“EOHHS”) shall be represented on
the committee and provide consultation to the commerce corporation on selection procedures.
Notwithstanding EOHHS’s consultation and representation in the selection of healthcare
applicants, the commerce corporation shall administer all other aspects of a healthcare applicant’s
application, award, and certification.
(c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of
the education loan repayment expenses incurred by such taxpayer during each service period
completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the
taxpayer upon proof that (i) The taxpayer has actually incurred and paid such education loan
repayment expenses; (ii) The taxpayer continues to meet the eligibility requirements throughout
the service period; (iii) The award shall not exceed the original loan amount plus any capitalized
interest less award previously claimed under this section; and (iv) The taxpayer claiming an award
is current on his or her student loan repayment obligations.
(d) The commerce corporation shall not commit to overall STEM/design awards in excess
of the amount contained in the STEM/design fund or to overall healthcare awards in excess of the
amount contained in the healthcare fund.
(e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in
a calendar year to applicants who are permanent residents of the state of Rhode Island or who
attended an institution of higher education located in Rhode Island when they incurred the
education loan expenses to be repaid.
(f) In administering award, the commerce corporation shall:
(1) Require suitable proof that an applicant meets the eligibility requirements for award
under this chapter;
(2) Determine the contents of applications and other materials to be submitted in support
of an application for award under this chapter; and
(3) Collect reports and other information during the eligibility period for each award to
verify that a taxpayer continues to meet the eligibility requirements for an award.
10 42-64.26-12. Sunset.
No incentives or credits shall be authorized pursuant to this chapter after December 31,
12 2023December 31, 2024.
SECTION 11. Sections 42-64.27-2 and 42-64.27-6 of the General Laws in Chapter 42-
64.27 entitled “Main Street Rhode Island Streetscape Improvement Fund” are hereby amended as
follows:
The main street RI streetscape improvement fund is hereby created within the Rhode Island
commerce corporation. The commerce corporation is authorized, within available appropriations,
to award loans, matching grants, and other forms of financing to facilitate improvement of
streetscapes such as but not limited to (1) enhanced sidewalks, (2) new wayfinding signage, (3)
upgraded building facades, and (4) improved street and public space lighting, and (5) technical
assistance, in support of creating an attractive environment for small business development and
commerce. The commerce corporation shall include maximum amounts for awards for technical
assistance in the rules and regulations promulgated pursuant to § 42-64.27-3. Applications and
awards of grants or loans shall be on a rolling basis. There is established an account in the name of
the "main street RI streetscape improvement fund" under the control of the commerce corporation,
and the commerce corporation shall pay into such account any eligible funds available to the
commerce corporation from any source, including funds appropriated by the state and any grants
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.
SECTION 12. Sections 42-64.28-6 and 42-64.28-10 of the General Laws in Chapter 42-
64.28 entitled “Innovation Initiative” is hereby amended as follows:
(a) Voucher award amounts to a selected applicant shall be determined by the corporation,
to be in the minimum amount of five thousand dollars ($5,000) and the maximum amount of fifty
thousand dollars ($50,000) seventy-five thousand dollars ($75,000), subject to appropriations or
other available moneys in the fund.
(b) Matching fund awards shall be awarded to organizations in an amount approved by the
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.
SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled “Air
Service Development Fund” is hereby amended as follows:
18 42-64.32-6. Sunset.
No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant
to this chapter after December 31, 2023December 31, 2024.
SECTION 15. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode
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.
SECTION 16. Sections 2 and 3 shall take effect on September 1, 2023. The remainder of
the article shall take effect upon passage.
art.008/7/008/6/008/5/008/4/008/3/008/2/008/1
=======
RELATING TO EDUCATION
SECTION 1. Sections 16-7-20, 16-7-39, 16-7-40 and 16-7-41.1 of the General Laws in
Chapter 16-7 entitled "Foundation Level School Support [See Title 16 Chapter 97 — The Rhode
Island Board of Education Act]" are hereby amended to read as follows:
(a) For each community the state's share shall be computed as follows: Let
R = state share ratio for the community.
v = adjusted equalized weighted assessed valuation for the community, as defined in
10 § 16-7-21(3).
V = sum of the values of v for all communities.
m = average daily membership of pupils in the community as defined in § 16-7-22(3).
M = total average daily membership of pupils in the state.
E = approved reimbursable expenditures for the community for the reference year minus
the excess costs of special education, tuitions, federal and state receipts, and other
income.
Then the state share entitlement for the community shall be RE where
R = 1 – 0.5vM/(Vm) through June 30, 2011, and R = 1 – 0.475 vM/(Vm) beginning on
19 July 1, 2011 and thereafter.
Except that in no case shall R be less than zero percent (0%).
(b) Whenever any funds are appropriated for educational purposes, the funds shall be used
for educational purposes only and all state funds appropriated for educational purposes must be
used to supplement any and all money allocated by a city or town for educational purposes and in
no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city
or town for educational purposes. The courts of this state shall enforce this section by writ of
mandamus.
(c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro
Children’s Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved
by the council on elementary and secondary education in accordance with currently existing rules
and regulations for administering state aid, and subject to annual appropriations by the general
assembly including, but not limited to, expenditures for educational personnel, supplies, and
materials in the prior fiscal year.
(d) In the event the computation of the state’s share for any local education agency as
outlined in subsection (a) is determined to have been calculated incorrectly after the state budget
for that fiscal year has been enacted, the commissioner of elementary and secondary education shall
notify affected local education agencies, the senate president, and the speaker of the house within
fifteen (15) days of the determination.
(e) Realignment of aid payments to the affected local education agencies pursuant to
subsection (d) shall occur in the following fiscal year:
(1) If the determination shows aid is underpaid to the local education agency, any amounts
owed shall be paid in equal monthly installments.
(2) If the determination shows aid was overpaid, the department of elementary and
secondary education shall recapture some amount of the aid from the overpaid local education
agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the
number of full months remaining in the fiscal year when the notification required in subsection (d)
was made.
(f) The above notwithstanding, in no event shall the total paid to a local education agency
in the 2023 fiscal year pursuant to subsection (a) be reduced as a result of the implementation of
subsection (e); provided, however, that for the 2022 fiscal year, the full amount of any payment
due to an underpayment and realignment under subsection (e)(1) shall be made for fiscal year 2022.
(g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the
calculation of the FY 2023 state share ratio.
For each community, the percent of state aid for school housing costs shall be computed in
the following manner:
(1) The adjusted equalized weighted assessed valuation for the district is divided by the
resident average daily membership for the district (grades twelve (12) and below); (2) The adjusted
equalized weighted assessed valuation for the state is divided by the resident average daily
membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant
ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the
approximate average district share of school support; the resulting product is then subtracted from
one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the
ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the
start of each fiscal year thereafter, the thirty percent (30%) floor on said housing-aid share shall be
increased by five percent (5%) increments each year until said floor on the housing-aid share ratio
reaches a minimum of not less than forty percent (40%). This provision shall apply only to school
housing projects completed after June 30, 2010, that received approval from the board of regents
prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012, and for
subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all
projects receiving council on elementary and secondary education approval after June 30, 2012.
The resident average daily membership shall be determined in accordance with § 16-7-22(1).
(2) No district shall receive a combined total of more than twenty (20) incentive percentage
points for projects that commence construction by December 30, 2023 June 30, 2024, and five (5)
incentive points for projects that commence construction thereafter; provided further, these caps
shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a
district’s share shall not be decreased by more than half of its regular share irrespective of the
number of incentive points received nor shall a district’s state share increase by more than half of
its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective
of the number of incentive points received. Provided further that the aforementioned limit on the
state share increasing by more than half of its regular share shall not apply to projects submitted
for reimbursement after July 1, 2023.
(a)(1) In the case of regional school districts, the school housing aid ratio shall be increased
by two percent (2%) for each grade so consolidated.
(2) Regional school districts undertaking renovation project(s) shall receive an increased
share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share
ratio calculated in § 16-7-39 and this subsection.
(b) In the case of projects undertaken by districts specifically for the purposes of school
safety and security, the school housing aid share ratio shall be increased by five percent (5%) for
these specific projects only, in the calculation of school housing aid. The increased share ratio shall
continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for
the increased share ratio, seventy-five percent (75%) of the project costs must be specifically
directed to school safety and security measures. The council on elementary and secondary
education shall promulgate rules and regulations for the administration and operation of this
section.
(c) For purposes of addressing health and safety deficiencies as defined by the school
building authority, including the remediation of hazardous materials, the school housing aid ratio
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
fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018
ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project
costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to
this purpose.
(d) For purposes of educational enhancement, including projects devoted to the
enhancement of early childhood education and career and technical education, the school housing
aid ratio shall be increased by five percent (5%) so long as construction of the project commences
by December June 30, 2023 2024, is completed by December June 30, 2028 2029, and a two
hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November
2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the
project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically
directed to these purposes.
(e) For replacement of a facility that has a facilities condition index of sixty-five percent
(65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as
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
(g), and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on
the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent
(25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be
specifically directed to this purpose.
(f) For any new construction or renovation that increases the functional utilization of any
facility from less than sixty percent (60%) to more than eighty percent (80%), including the
consolidation of school buildings within or across districts, the school housing aid ratio shall be
increased by five percent (5%) so long as construction of the project commences by December June
30, 2023 2024, is completed by December June 30, 2028 2029, and a two hundred fifty million
dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order
to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum
of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(g) For any new construction or renovation that decreases the functional utilization of any
facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%)
to one hundred five percent (105%), the school housing ratio shall be increased by five percent
(5%) so long as construction of the project commences by December June 30, 2023 2024, is
completed by December June 30, 2028 2029, and a two hundred fifty million dollar ($250,000,000)
general obligation bond is approved on the November 2018 ballot. In order to qualify for the
increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred
thousand dollars ($500,000) must be specifically directed to this purpose.
(h) For consolidation of two (2) or more school buildings, within or across districts into
one school building, the school housing aid ratio shall be increased by five percent (5%) so long as
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
bond is approved on the November 2018 ballot, and does not receive a bonus pursuant to subsection
(f) or subsection (g). In order to qualify for the increased share ratio, twenty-five percent (25%) of
the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically
directed to this purpose.
(i) Any regionalized and/or non-regionalized school district receiving an increased share
ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio
for as long as the project receives state housing aid.
(a) School districts, not municipalities, may apply for and obtain approval for a project
under the necessity of school construction process set forth in the regulations of the council on
elementary and secondary education, provided, however, in the case of a municipality that issues
bonds through the Rhode Island health and educational building corporation to finance or refinance
school facilities for a school district that is not part of the municipality, the municipality may apply
for and obtain approval for a project. Such approval will remain valid until June 30 of the third
fiscal year following the fiscal year in which the council on elementary and secondary education’s
approval is granted. Only those projects undertaken at school facilities under the care and control
of the school committee and located on school property may qualify for reimbursement under §§
16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are
operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under
§§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for
reimbursement in the following fiscal year. A project for new school housing or additional housing
shall be deemed to be completed when the work has been officially accepted by the school
committee or when the housing is occupied for its intended use by the school committee, whichever
is earlier.
(b) Notwithstanding the provisions of this section, the board of regents shall not grant final
approval for any project between June 30, 2011, and May 1, 2015, except for projects that are
necessitated by immediate health and safety reasons. In the event that a project is requested during
the moratorium because of immediate health and safety reasons, those proposals shall be reported
to the chairs of the house and senate finance committees.
(c) Any project approval granted prior to the adoption of the school construction
regulations in 2007, and which are currently inactive; and any project approval granted prior to the
adoption of the school construction regulations in 2007 which did not receive voter approval or
which has not been previously financed, are no longer eligible for reimbursement under this
chapter. The department of elementary and secondary education shall develop recommendations
for further cost containment strategies in the school housing aid program.
(d) Beginning July 1, 2015, the council on elementary and secondary education shall
approve new necessity of school construction applications on an annual basis. The department of
elementary and secondary education shall develop an annual application timeline for local
education agencies seeking new necessity of school construction approvals.
(e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten
million dollars ($10,000,000) unless the prime contractor for the project has received
prequalification from the school building authority.
(f) Beginning July 1, 2019, the necessity of school construction process set forth in the
regulations of the council on elementary and secondary education shall include a single statewide
process, developed with the consultation of the department of environmental management, that will
ensure community involvement throughout the investigation and remediation of contaminated
building sites for possible reuse as the location of a school. That process will fulfill all provisions
of § 23-19.14-5 related to the investigation of reuse of such sites for schools.
(g) Beginning July 1, 2019, school housing projects exceeding one million five hundred
thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a
commissioning agent. The cost of the program manager and commissioning agent shall be
considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5.
(h) Temporary housing, or swing space, for students shall be a reimbursable expense so
long as a district can demonstrate that no other viable option to temporarily house students exists
and provided that use of the temporary space is time limited for a period not to exceed twenty-four
(24) months and tied to a specific construction project.
(i) Environmental site remediation, as defined by the school building authority, shall be a
reimbursable expense up to one million dollars ($1,000,000) per project.
(j) If, within thirty (30) years of construction, a newly constructed school is sold to a private
entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid
reimbursement rate at the time of project completion.
(k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being
followed, and § 37-14.1-6, ensuring that minority business enterprises reach a the required
minimum of ten percent (10%) of the dollar value of the bid participation.
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
Chapter 16-7.2 entitled “The Education Equity and Property Tax Relief Act” are hereby amended
to read as follows:
(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall
take effect. The foundation education aid for each district shall be the sum of the core instruction
amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),
which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to
determine the foundation aid.
(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-
instruction amount as established by the department of elementary and secondary education,
derived from the average of northeast regional expenditure data for the states of Rhode Island,
Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics
(NCES) that will adequately fund the student instructional needs as described in the basic education
program and multiplied by the district average daily membership as defined in § 16-7-22.
Expenditure data in the following categories: instruction and support services for students,
instruction, general administration, school administration, and other support services from the
National Public Education Financial Survey, as published by NCES, and enrollment data from the
Common Core of Data, also published by NCES, will be used when determining the core-
instruction amount. The core-instruction amount will be updated annually. For the purpose of
calculating this formula, school districts’ resident average daily membership shall exclude charter
school and state-operated school students.
(2) The amount to support high-need students beyond the core-instruction amount shall be
determined by multiplying a student success factor of forty percent (40%) by the core instruction
per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child
whose family income is at or below one hundred eighty-five percent (185%) of federal poverty
guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget
submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of
elementary and secondary education shall develop and utilize a poverty measure that in the
department’s assessment most accurately serves as a proxy for the poverty status referenced in this
subsection and does not rely on the administration of school nutrition programs. The department
shall utilize this measure in calculations pursuant to this subsection related to the application of the
student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state
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
implementation of this new poverty measure or improve the accuracy of its calculation. Beginning
with the FY 2024 calculation, students whose family income is at or below one hundred eighty-
five percent (185%) of federal poverty guidelines will be determined by participation in the
supplemental nutrition assistance program (SNAP). The number of students directly certified
through the Department of Human Services shall be multiplied by a factor of 1.6.
(b) The department of elementary and secondary education shall provide an estimate of the
foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate
shall include the most recent data available as well as an adjustment for average daily membership
growth or decline based on the prior year experience.
(c) In addition, the department shall report updated figures based on the average daily
membership as of October 1 by December 1.
(d) Local education agencies may set aside a portion of funds received under subsection
(a) to expand learning opportunities such as after school and summer programs, full-day
kindergarten and/or multiple pathway programs, provided that the basic education program and all
other approved programs required in law are funded.
(e) The department of elementary and secondary education shall promulgate such
regulations as are necessary to implement fully the purposes of this chapter.
(f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to
state fiscal year 2025, the department of elementary and secondary education shall evaluate the
number of students by district who qualify as MLL students and MLL students whose family
income is at or below one-hundred eighty-five percent (185%) of federal poverty guidelines. The
submission shall also include segmentation of these populations by levels as dictated by the WIDA
multilingual learner assessment tool used as an objective benchmark for English proficiency. The
department shall also prepare and produce expense data sourced from the uniform chart of accounts
to recommend funding levels required to support students at the various levels of proficiency as
determined by the WIDA assessment tool. Utilizing this information, the department shall
recommend a funding solution to meet the needs of multi lingual learners; this may include but not
be limited to inclusion of MLL needs within the core foundation formula amount through one or
multiple weights to distinguish different students of need or through categorical means.
(2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to
state fiscal year 2026, the department of elementary and secondary education shall develop
alternatives to identify students whose family income is at or below one hundred eighty-five percent
(185%) of federal poverty guidelines through participation in state-administered programs,
including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare
and other programs which include the collection of required supporting documentation. The
department may also include any recommendations which seek to mitigate any disruptions
associated with implementation of this new poverty measure or improve the accuracy of its
calculation.
(3) The Department shall also report with its annual budget request information regarding
local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall
also compare these local contributions to state foundation education aid by community. The
department shall also report compliance to each city or town school committee and city or town
council.
16-7.2-4. Determination of state’s share.
(a) For each district, the state’s share of the foundation education aid calculated pursuant
to § 16-7.2-3(a) shall use a calculation that considers a district’s revenue-generating capacity and
concentration of high-need students. The calculation is the square root of the sum of the state-share
ratio for the community calculation, pursuant to § 16-7-20, squared plus the district’s percentage
of students in grades PK-6 in poverty status squared, divided by two.
If this calculation results in a state share ratio that is less than the state share ratio for the
community calculated pursuant to § 16-7-20(a) and that district's poverty status percentage as
defined in § 16-7.2-3(2) is greater than fifty percent (50%), the state share ratio shall be equal to
the state share ratio for the community calculated pursuant to § 16-7-20(a).
(b) For purposes of determining the state’s share, school district student data used in this
calculation shall include charter school and state school students. These ratios are used in the
permanent foundation education aid formula calculation described in § 16-7.2-5.
(c) There shall be a poverty loss stabilization fund for districts that experience a decline in
the state share ratio calculated pursuant to § 16-7.2-4(a) from the prior year of more than 2.0 percent
(2%). The amount shall be equal to fifty percent (50%) of the difference in the amount of permanent
foundation education aid received pursuant to § 16-7.2-3 received in the prior year.
(f) School districts with charter public school, Davies, and the Met Center enrollment, that,
combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-
7-22, shall receive additional aid intended to help offset the impact of new and expanding charter
schools. For FY 2022, aid shall be equal to the number of new students being served as determined
by the difference between the reference year as defined in § 16-7-16 and FY 2019 times a per-pupil
amount of five hundred dollars ($500). For FY 2023 and thereafter, aid shall be equal to the number
of new students being served as determined by the difference between the reference year as defined
in § 16-7-16 and the prior reference year times a per-pupil amount of five hundred dollars ($500).
The additional aid shall be used to offset the adjusted fixed costs retained by the districts of
residence.
In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent
foundation education-aid program shall provide direct state funding for:
(a) Excess costs associated with special education students. Excess costs are defined when
an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary
costs are those educational costs that exceed the state-approved threshold based on an amount
above five four times the core foundation amount (total of core-instruction amount plus student
success amount). The department of elementary and secondary education shall prorate the funds
available for distribution among those eligible school districts if the total approved costs for which
school districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal
year; and the department of elementary and secondary education shall also collect data on those
educational costs that exceed the state-approved threshold based on an amount above two (2), three
(3), and four (4) five (5) times the core-foundation amount;
(b) Career and technical education costs to help meet initial investment requirements
needed to transform existing, or create new, comprehensive, career and technical education
programs and career pathways in critical and emerging industries and to help offset the higher-
than-average costs associated with facilities, equipment maintenance and repair, and supplies
necessary for maintaining the quality of highly specialized programs that are a priority for the state.
The department shall develop criteria for the purpose of allocating any and all career and technical
education funds as may be determined by the general assembly on an annual basis. The department
of elementary and secondary education shall prorate the funds available for distribution among
those eligible school districts if the total approved costs for which school districts are seeking
reimbursement exceed the amount of funding available in any fiscal year;
(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs.
The department shall recommend criteria for the purpose of allocating any and all early childhood
program funds as may be determined by the general assembly;
(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure
that appropriate funding is available to support their students. Additional support for Central Falls
is needed due to concerns regarding the city’s capacity to meet the local share of education costs.
This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside
the permanent foundation education-aid formula, including, but not limited to, transportation,
facility maintenance, and retiree health benefits shall be shared between the state and the city of
Central Falls. The fund shall be annually reviewed to determine the amount of the state and city
appropriation. The state’s share of this fund may be supported through a reallocation of current
state appropriations to the Central Falls school district. At the end of the transition period defined
in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional
support for the Davies and the Met Center is needed due to the costs associated with running a
stand-alone high school offering both academic and career and technical coursework. The
department shall recommend criteria for the purpose of allocating any and all stabilization funds as
14 may be determined by the general assembly;
(e) Excess costs associated with transporting students to out-of-district non-public schools.
This fund will provide state funding for the costs associated with transporting students to out-of-
district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of
non-public out-of-district transportation for those districts participating in the statewide system.
The department of elementary and secondary education shall prorate the funds available for
distribution among those eligible school districts if the total approved costs for which school
districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
(f) Excess costs associated with transporting students within regional school districts. This
fund will provide direct state funding for the excess costs associated with transporting students
within regional school districts, established pursuant to chapter 3 of this title. This fund requires
that the state and regional school district share equally the student transportation costs net any
federal sources of revenue for these expenditures. The department of elementary and secondary
education shall prorate the funds available for distribution among those eligible school districts if
the total approved costs for which school districts are seeking reimbursement exceed the amount
of funding available in any fiscal year;
(g) Public school districts that are regionalized shall be eligible for a regionalization bonus
as set forth below:
(1) As used herein, the term “regionalized” shall be deemed to refer to a regional school
district established under the provisions of chapter 3 of this title, including the Chariho Regional
School district;
(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus
shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the
regionalization bonus shall commence in the first fiscal year following the establishment of a
regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional
School District;
(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the
state’s share of the foundation education aid for the regionalized district as calculated pursuant to
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the
state’s share of the foundation education aid for the regionalized district as calculated pursuant to
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
(5) The regionalization bonus shall cease in the third fiscal year;
(6) The regionalization bonus for the Chariho regional school district shall be applied to
the state share of the permanent foundation education aid for the member towns; and
(7) The department of elementary and secondary education shall prorate the funds available
for distribution among those eligible regionalized school districts if the total, approved costs for
which regionalized school districts are seeking a regionalization bonus exceed the amount of
funding appropriated in any fiscal year;
(h) Additional state support for English learners (EL). The amount to support EL students
shall be determined by multiplying an EL factor of ten fifteen percent (10 15%) by the core-
instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional
state support to EL students identified using widely adopted, independent standards and
assessments identified by the commissioner. All categorical funds distributed pursuant to this
subsection must be used to provide high-quality, research-based services to EL students and
managed in accordance with requirements set forth by the commissioner of elementary and
secondary education. The department of elementary and secondary education shall collect
performance reports from districts and approve the use of funds prior to expenditure. The
department of elementary and secondary education shall ensure the funds are aligned to activities
that are innovative and expansive and not utilized for activities the district is currently funding. The
department of elementary and secondary education shall prorate the funds available for distribution
among eligible recipients if the total calculated costs exceed the amount of funding available in any
fiscal year;
(i) State support for school resource officers. For purposes of this subsection, a school
resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority
who is deployed by an employing police department or agency in a community-oriented policing
assignment to work in collaboration with one or more schools. School resource officers should have
completed at least forty (40) hours of specialized training in school policing, administered by an
accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years,
school districts or municipalities that choose to employ school resource officers shall receive direct
state support for costs associated with employing such officers at public middle and high schools.
Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of
salaries and benefits for the qualifying positions. Funding will be provided for school resource
officer positions established on or after July 1, 2018, provided that:
(1) Each school resource officer shall be assigned to one school:
(i) Schools with enrollments below one thousand twelve hundred (1,200) students shall
require one school resource officer;
(ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students
shall require two school resource officers;
(2) School resource officers hired in excess of the requirement noted above shall not be
eligible for reimbursement; and
(3) Schools that eliminate existing school resource officer positions and create new
positions under this provision shall not be eligible for reimbursement; and
(j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to
the transition plan in § 16-7.2-7.
(a) The general assembly shall annually determine the appropriation of education aid
pursuant to this chapter using a transition plan to begin in fiscal year 2012, not to exceed seven (7)
years for LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is more than the
education aid the LEA is receiving as of the effective date of the formula, and ten (10) years for
LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is less than the education aid
the LEA is receiving as of the effective date of the formula.
(b) The local share of funding pursuant to § 16-7.2-5 shall be transitioned proportionately
over a period not to exceed five (5) years. The transition shall provide a combination of direct aid
to districts, funds for the categorical programs, and district savings through state-assumed costs, as
determined by the general assembly on an annual basis. Updates to any components of the
permanent foundation education aid formula, such as student data, property values, and/or median
family income, that result in an increase or decrease in state education aid that impacts the total
state and local contribution by more than three percent (3%) shall be transitioned over a period of
time not to exceed three (3) years.
(c) Districts that experience a reduction in enrollment from the prior fiscal year shall
receive forty percent (40%) of the amount of state aid pursuant to § 16-7.2-3 associated with that
enrollment decline and will receive twenty-five percent (25%) of that amount in the next preceding
year.
(c)(d) For districts that are converting from a half-day to a full-day kindergarten program
for the 2014-2015 school year and after, as defined by § 16-99-4, the increase in aid provided
pursuant to the formula for the increased reference average daily membership due to the conversion
of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is not subject
to the transition plan in subsection (a); instead, the increased kindergarten full-time equivalents will
be funded at the fully transitioned value of the formula beginning in FY 2017.
SECTION 3. Section 16-56-6 of the General Laws in Chapter 16-56 entitled
"Postsecondary Student Financial Assistance" is hereby amended to read as follows:
(a) Amount of funds allocated. The commissioner of postsecondary education shall allocate
annually the appropriation for need-based scholarships and grants. Of the total amount appropriated
for need-based scholarship and grants, the lesser of twenty percent (20%) or one million five eight
hundred thousand dollars ($1,500,000) ($1,800,000) shall be distributed to qualified students
attending participating, independent, non-profit, higher education institutions in Rhode Island. The
remainder of funds shall be limited to public higher education institutions in Rhode Island including
payments made pursuant to § 16-100-3(c). As part of the annual budget submission, the office of
postsecondary commissioner shall include a plan of how the need-based scholarship and grant
funds will be allocated to each public institution receiving funds pursuant to this chapter and how
the funds will be distributed to students attending independent, non-profit institutions.
(b) Eligibility of individuals. Eligibility for need-based grants and scholarships shall be
determined by the office of the postsecondary commissioner.
(c) Number and terms of awards. The number of awards to be granted in any one fiscal
year shall be contingent upon the funds allocated to this section.
SECTION 4. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Council on
Postsecondary Education [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]"
is hereby amended to read as follows:
(a) The general assembly shall annually appropriate any sums it deems necessary for
support and maintenance of higher education in the state and the state controller is authorized and
directed to draw his or her orders upon the general treasurer for the payment of the appropriations
or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him
or her of proper vouchers as the council on postsecondary education may by rule provide. The
council shall receive, review, and adjust the budget for the office of postsecondary commissioner
and present the budget as part of the budget for higher education under the requirements of § 35-3-
4.
(b) The office of postsecondary commissioner and the institutions of public higher
education shall establish working capital accounts.
(c) Any tuition or fee increase schedules in effect for the institutions of public higher
education shall be received by the council on postsecondary education for allocation for the fiscal
year for which state appropriations are made to the council by the general assembly; provided that
no further increases may be made by the board of education or the council on postsecondary
education for the year for which appropriations are made. Except that these provisions shall not
apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode
Island, Rhode Island college, and the community colleges including student fees as described in
P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257
as amended.
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher
learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay
operating expenses, including principal and interest on debt services, and overhead expenses for
the facilities, with the exception of the mandatory fees covered by the Rhode Island promise
scholarship program as established by § 16-107-3 and the Rhode Island hope scholarship
established by § 16-112-3. Any debt-service costs on general obligation bonds presented to the
voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital
plan for the housing auxiliaries at the university of Rhode Island and Rhode Island college shall
not be subject to this self-supporting requirement in order to provide funds for the building
construction and rehabilitation program. The institutions of public higher education will establish
policies and procedures that enhance the opportunity for auxiliary facilities to be self-supporting,
including that all faculty provide timely and accurate copies of booklists for required textbooks to
the public higher educational institution’s bookstore.
(e) The additional costs to achieve self-supporting status shall be by the implementation of
a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
operating expenses, principal, and interest on debt services, and overhead expenses.
(f) The board of education is authorized to establish two (2) restricted-receipt accounts for
the higher education and industry centers established throughout the state: one to collect lease
payments from occupying companies, and fees from room and service rentals, to support the
operation and maintenance of the facilities; and one to collect donations to support construction,
operations and maintenance. All such revenues shall be deposited to the restricted-receipt accounts.
(g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to
the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode
Island health and educational building corporation or outstanding lease certificates of participation,
in either case, issued for the benefit of the university of Rhode Island, the community college of
Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions
of any such bonds or certificates of participation, the general assembly shall annually appropriate
any such sums it deems necessary from educational and general revenues (including, but not limited
to, tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the
community college of Rhode Island and Rhode Island college, to be allocated by the council on
postsecondary education or by the board of trustees of the university of Rhode Island, as
appropriate, in accordance with the terms of the contracts with such bondholders or certificate
holders.
(h) The board of education is authorized to establish a restricted-receipt account for income
generated by the Rhode Island nursing education center through the rental of classrooms,
laboratories, or other facilities located on the Providence campus of the nursing education center.
All such revenues shall be deposited to the restricted receipt account.
(i) The board of education is authorized to establish a restricted-receipt account for the
receipt and expenditure of monies received from IGT Global Solutions Corporation for the purpose
of financing scholarships relating to studying science, technology, engineering, or mathematics at
an accredited educational institution. This account shall be housed within the budget of the office
of the postsecondary commissioner and exempt from the indirect cost recovery provisions of § 35-
4-27.
SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 112
RHODE ISLAND HOPE SCHOLARSHIP PILOT PROGRAM ACT
This chapter shall be known and may be cited as the "Rhode Island Hope Scholarship Pilot
Program Act".
(a) The general assembly finds and declares that:
(1) Education is critical for the state's young people to achieve their aspirations and develop
their talents;
(2) The state's economic success depends on a highly educated and skilled workforce;
(3) The state's future prosperity depends upon its ability to make educational opportunities
beyond high school available for all students;
(4) The coronavirus has inflicted undue hardships on students and their families, creating
barriers to a four (4) year college degree;
(5) A merit-based tuition reduction program will help make a four (4) year college degree
available to all students;
(6) Rhode Island college offers students a feasible opportunity to obtain a four (4) year
degree, but remains an underutilized resource in the state; and
(7) The State of Rhode Island's motto is "Hope".
(b) In order to address the findings set forth in subsection (a) of this section, the purpose
of this chapter is to increase the number of students enrolling in and completing four (4) year
degrees and certificates on time from Rhode Island college, and to promote more graduates in high-
need fields such as nursing, pre-k through grade twelve (12) education, and the trades, which are
fields for which Rhode Island college provides a strong and affordable education.
(c) The purpose of the pilot program is also to determine whether a scholarship program
for Rhode Island college that is modeled on the promise scholarship program established in chapter
107 of title 16 would be successful in attaining the goals set forth in this section.".
There is hereby established the Rhode Island hope scholarship pilot program. The general
assembly shall annually appropriate the funds necessary to implement the purposes of this chapter
for the periods of the pilot program. Additional funds beyond the scholarships may be appropriated
to support and advance the Rhode Island hope scholarship pilot program. In addition to
appropriation by the general assembly, charitable donations may be accepted into the scholarship
program.
When used in this chapter, the following terms shall have the following meanings:
(1) "ADA" means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as may
be amended from time to time.
(2) "Certificate" means any certificate program with labor market value as defined by the
postsecondary commissioner.
(3) "College-level credit" means credit awarded by a college or university for completion
of its own courses or other academic work.
(4) "FAFSA" means the Free Application for Federal Student Aid form.
(5) "General education coursework" means the educational foundation of knowledge,
skills, and attitudes that prepare students for success in their majors and their personal and
professional lives after graduation. It includes, but is not limited to, the required coursework of all
degrees developed by each eligible postsecondary institution that is approved by the council on
postsecondary education that is intended to ensure that all graduates of a state institution have a
balanced core of competencies and knowledge. This does not necessarily include coursework
specifically required for one's major.
(6) "Mandatory fees and tuition" means the costs that every student is required to pay in
order to enroll in classes, and does not include room and board, textbooks, program fees that may
exist in some majors, course fees that may exist for some specific courses, meal plans, or travel.
(7) "On track to graduate on time" means the standards determined by Rhode Island college
in establishing the expectation of a student to graduate with a bachelor's degree within four (4)
years of enrollment, or the prescribed completion time for a student completing a certificate
(recognizing that some students, including students who require developmental education, are
double majors, or are enrolled in certain professional programs may require an extended time period
for degree completion).
(8) "Reasonable accommodations" means any necessary modifications or adjustment to a
facility, equipment, program, or manner of operation as required by the Americans with Disabilities
Act ("ADA") and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 791, as may be
amended from time to time;
(10) "Recipient student" means a student attending Rhode Island college who qualifies to
receive the Rhode Island hope scholarship pursuant to § 16-112-6.
(9) "Pilot program" and "scholarship program" means the Rhode Island hope scholarship
pilot program that is established pursuant to § 16-112-3.
(11) "State" means the State of Rhode Island.
(12) "Student with a disability" means any student otherwise eligible pursuant to this
chapter who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-
87-1, that would create a hardship or other functional obstacles preventing participation in this
program.
(a) The financial aid office at Rhode Island college, in conjunction with the admissions
office or their respective equivalent offices at Rhode Island college, shall administer the scholarship
program for state residents seeking bachelor's degrees and/or certificates who meet the eligibility
requirements in this chapter.
(b) An award of the scholarship program shall cover the cost of up to two (2) years of
tuition and mandatory fees, for the junior and senior years of the student, or in the case of an adult
student, who has attained at least sixty (60) credit hours, then the award may cover tuition and
mandatory fees over a duration of not more than two (2) years. In all instances, these awards shall
be reduced by the amount of federal and all other financial aid monies available to the recipient
student. None of any grants received by students from the department of children, youth and
families' higher education opportunity incentive grant as established by chapter 72.8 of title 42 or
the college crusade scholarship act as established in chapter 70 of title 16 shall be considered federal
or financial aid for the purposes of this chapter.
(c) The scholarship program is limited to one award per student as required by § 16-112-
6(a)(7); provided that, the award may cover the two (2) years which constitute the junior and senior
years of the student, or the two (2) years for an adult student, and may be dispersed in separate
installments.
college.
(a) Beginning with the students who enrolled at Rhode Island college in the fall of 2023, a
student:
(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by
the council on postsecondary education, as amended, supplemented, restated, or otherwise modified
from time to time ("residency policy");
(2) Must be a currently enrolled full-time student who has declared a major and earned a
minimum of sixty (60) total credit hours towards an eligible program of study, as determined by
Rhode Island college;
(3) Must complete the FAFSA and any required FAFSA verification by the deadline
prescribed by Rhode Island college for each year in which the student seeks to receive funding
under the scholarship program; provided that, persons who are legally unable to complete the
FAFSA must complete a comparable form created by Rhode Island college, by the deadline
prescribed by Rhode Island college, for each year in which the student seeks to receive funding
under the scholarship program;
(4) Must enroll or have enrolled full-time as a freshman as a first-time student and continue
to be enrolled on a full-time basis at Rhode Island college, by the dates indicated within this chapter;
(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or
greater, as determined by Rhode Island college, prior to obtaining the scholarship and also as a
condition of being able to continue to be a scholarship recipient;
(6) Must remain on track to graduate on time as determined by Rhode Island college and
must complete both the student's freshman and sophomore years at Rhode Island college, or in the
case of an adult student, have completed sixty (60) credit hours of tuition and mandatory fees at
Rhode Island college over a duration of no more than four (4) years;
(7) Must not have already received an award under this program or under chapter 107 of
title 16; and
(8) Must commit to live, work, or continue their education in Rhode Island after graduation.
(b) Rhode Island college, in conjunction with the office of the postsecondary
commissioner, shall develop a policy that will secure the commitment set forth in subsection (a) of
this section from recipient students.
(c) Notwithstanding the eligibility requirements under subsection (a) of this section
("specified conditions"):
(1) In the case of a recipient student who has an approved medical or personal leave of
absence or is unable to satisfy one or more specified conditions because of the student's medical or
personal circumstances, the student may continue to receive an award under the scholarship
program upon resuming the student's education so long as the student continues to meet all other
applicable eligibility requirements;
(2) In the case of a recipient student who is a member of the national guard or a member
of a reserve unit of a branch of the United States military and is unable to satisfy one or more
specified conditions because the student is or will be in basic or special military training, or is or
will be participating in a deployment of the student's guard or reserve unit, the student may continue
to receive an award under the scholarship program upon completion of the student's basic or special
military training or deployment; and
(3) Students enrolled in Rhode Island college as of July 1, 2021, who have attained junior
status at Rhode Island college as of July 1, 2023, or who enrolled in Rhode Island college as of July
1, 2022, and who have attained junior status at Rhode Island college as of July 1, 2024, and who
are otherwise in compliance with this chapter, shall be eligible for a hope scholarship under this
chapter.
(4) Any student with a disability, otherwise eligible for a scholarship pursuant to the
provisions of this section, shall be entitled to access this program and shall be afforded all
reasonable accommodations, as required by the ADA and the Rehabilitation Act of 1973, including,
but not limited to, enrolling on a part-time basis and taking longer than four (4) years to graduate
with a bachelor's degree.
(d) The decision of whether or not a student has attained junior or senior status by the
appropriate date shall be determined by the appropriate body of Rhode Island college, subject to
the rules, regulations, and procedures established pursuant to § 16-112-8.
(a) On or before November 10, 2023, and on or before November 10 thereafter for every
year through and including calendar year 2028, Rhode Island college shall submit a report to the
director of the office of management and budget, the state budget officer, the house fiscal advisor,
the senate fiscal advisor, the commissioner of postsecondary education, and the chair of the council
on postsecondary education, a report detailing the following:
(1) The number of students eligible to participate in the scholarship program;
(2) The amount of federal and institutional financial aid anticipated to be received by
recipient students;
(3) The aggregate tuition and mandatory fee costs attributable to recipient students;
(4) The resulting total cost of the scholarship program to the state; and
(5) The report shall contain such data for both the current fiscal year and the most up-to-
date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort
and shall be accompanied by a written explanation detailing the estimating methodology utilized
and any impact(s) the forecasted data may present to institutional capacity, operational costs, and
the tuition/fee revenue base of the institution.
(b) On or before July 1, 2024, and on before July 1 thereafter for every year until through
and including calendar year 2028, Rhode Island college, in conjunction with the office of the
postsecondary commissioner, shall submit a report evaluating the program to the governor, speaker
of the house, and the president of the senate. This evaluation shall include the following:
(1) The number of students who started in each cohort·
(2) The number of students in each cohort who have attained a degree or certification in an
on-time manner;
(3) The number of students in each cohort who have not attained a degree or certification
in an on-time manner and an analysis of why that has happened;
(4) The number of students in each cohort who began the program but have been unable to
continue or complete the program and an analysis of why that has happened;
(5) The costs of the program and the costs of continuing the program;
(6) Suggestions for ways to increase the success of the program;
(7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing
the program; and
(8) Any such other recommendations or information as Rhode Island college and the
commissioner of postsecondary education deem appropriate to include in the evaluation.
(c) The office of management and budget, in consultation with the office of the
postsecondary commissioner, shall oversee the apportionment and disbursement of all funds
appropriated for the purpose of the scholarship program.
The council on postsecondary education is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this chapter, including, but not limited to, the residency
policy, and Rhode Island college shall establish appeal procedures for the award, denial, or
revocation of funding under the scholarship program. The rules and regulations shall be
promulgated in accordance with § 16-59-4.
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
eligible for a hope scholarship under this chapter.
The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023,
through and including July 1, 2028. There shall be no further funding of the pilot program without
further action of the general assembly. Any final reports due pursuant to this chapter shall be filed
pursuant to the dates set forth herein.
SECTION 6. This article shall take effect upon passage.
art.009/5/009/4/009/3/009/2/009/1
=======
RELATING TO HUMAN SERVICES
SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing
of Health Care Facilities" is hereby amended to read as follows:
(a) There is imposed a hospital licensing fee for state fiscal year 2021 against each hospital
in the state. The hospital licensing fee is equal to five percent (5.0%) of the net patient-services
revenue of every hospital for the hospital’s first fiscal year ending on or after January 1, 2019,
except that the license fee for all hospitals located in Washington County, Rhode Island shall be
discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject
to approval by the Secretary of the U.S. Department of Health and Human Services of a state plan
amendment submitted by the executive office of health and human services for the purpose of
pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall
be administered and collected by the tax administrator, division of taxation within the department
of revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall
apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 13, 2021,
and payments shall be made by electronic transfer of monies to the general treasurer and deposited
to the general fund. Every hospital shall, on or before June 15, 2020, make a return to the tax
administrator containing the correct computation of net patient-services revenue for the hospital
fiscal year ending September 30, 2019, and the licensing fee due upon that amount. All returns
shall be signed by the hospital’s authorized representative, subject to the pains and penalties of
perjury.
(b)(a) There is also imposed a hospital licensing fee for state fiscal year 2022 against each
hospital in the state. The hospital licensing fee is equal to five and six hundred fifty-six thousandths
percent (5.656%) of the net patient-services revenue of every hospital for the hospital’s first fiscal
year ending on or after January 1, 2020, except that the license fee for all hospitals located in
Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount
for Washington County hospitals is subject to approval by the Secretary of the U.S. Department of
Health and Human Services of a state plan amendment submitted by the executive office of health
and human services for the purpose of pursuing a waiver of the uniformity requirement for the
hospital license fee. This licensing fee shall be administered and collected by the tax administrator,
division of taxation within the department of revenue, and all the administration, collection, and
other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
the tax administrator on or before July 13, 2022, and payments shall be made by electronic transfer
of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
before June 15, 2022, make a return to the tax administrator containing the correct computation of
net patient-services revenue for the hospital fiscal year ending September 30, 2020, and the
licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized
representative, subject to the pains and penalties of perjury.
(c)(b) There is also imposed a hospital licensing fee for state fiscal year 2023 against each
hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent
(5.42%) of the net patient-services revenue of every hospital for the hospital’s first fiscal year
ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington
County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for
Washington County hospitals is subject to approval by the Secretary of the U.S. Department of
Health and Human Services of a state plan amendment submitted by the executive office of health
and human services for the purpose of pursuing a waiver of the uniformity requirement for the
hospital license fee. This licensing fee shall be administered and collected by the tax administrator,
division of taxation within the department of revenue, and all the administration, collection, and
other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
the tax administrator on or before June 30, 2023, and payments shall be made by electronic transfer
of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
before May 25, 2023, make a return to the tax administrator containing the correct computation of
net patient-services revenue for the hospital fiscal year ending September 30, 2021, and the
licensing fee due upon that amount. All returns shall be signed by the hospital’s authorized
representative, subject to the pains and penalties of perjury.
(c) There is also imposed a hospital licensing fee described in subsections d through g for
state fiscal years 2024 and 2025 against net patient-services revenue of every non-government
owned hospital as defined herein for the hospital’s first fiscal year ending on or after January 1,
2022. The hospital licensing fee shall have three (3) tiers with differing fees based on inpatient and
outpatient net patient-services revenue. The executive office of health and human services, in
consultation with the tax administrator, shall identify the hospitals in each tier, subject to the
definitions in this section, by July 15, 2023, and shall notify each hospital of its tier by August 1,
2023.
1 (d) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or Tier
2 3.
(1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and twelve hundredths
percent (13.12%) of the inpatient net patient-services revenue derived from inpatient net patient-
services revenue of every Tier 1 hospital.
(2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and thirty hundredths
percent (13.30%) of the net patient-services revenue derived from outpatient net patient-services
revenue of every Tier 1 hospital.
(e) Tier 2 is composed of High Medicaid/Uninsured Cost Hospitals and Independent
Hospitals.
(1) The inpatient hospital licensing fee for Tier 2 is equal to two and sixty-three hundredths
(2.63%) of the inpatient net patient-services revenue derived from inpatient net patient-services
revenue of every Tier 2 hospital.
(2) The outpatient hospital licensing fee for Tier 2 is equal to two and sixty-six one
hundredths (2.66%) of the outpatient net patient-services revenue derived from outpatient net
patient-services revenue of every Tier 2 hospital.
(f) Tier 3 is composed of hospitals that are Medicare-designated Low Volume hospitals
and rehabilitative hospitals.
(1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-one hundredths
(1.31%) of the inpatient net patient-services revenue derived from inpatient net patient-services
revenue of every Tier 3 hospital.
(2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-three
hundredths (1.33%) of the outpatient net patient-services revenue derived from outpatient net
patient-services revenue of every Tier 3 hospital.
(g) There is also imposed a hospital licensing fee for state fiscal year 2024 against state-
government owned and operated hospitals in the state as defined therein. The hospital licensing fee
is equal to five and twenty-five hundredths percent (5.25%) of the net patient-services revenue of
every hospital for the hospital’s first fiscal year ending on or after January 1, 2022.
(h) The hospital licensing fee described in subsections (c) through (g) is subject to U.S.
Department of Health and Human Services approval of a request to waive the requirement that
health care-related taxes be imposed uniformly as contained in 42 CFR 433.68(d).
(i) This hospital licensing fee shall be administered and collected by the tax administrator,
division of taxation within the department of revenue, and all the administration, collection, and
other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
the tax administrator before June 30 of each fiscal year, and payments shall be made by electronic
transfer of monies to the tax administrator and deposited to the general fund. Every hospital shall,
on or before August 1, 2023, make a return to the tax administrator containing the correct
computation of inpatient and outpatient net patient-services revenue for the hospital fiscal year
ending in 2022, and the licensing fee due upon that amount. All returns shall be signed by the
hospital’s authorized representative, subject to the pains and penalties of perjury.
(d)(j) For purposes of this section the following words and phrases have the following
meanings:
(1) “Hospital” means the actual facilities and buildings in existence in Rhode Island,
licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital
conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient
and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid
managed care payment rates for a court-approved purchaser that acquires a hospital through
receivership, special mastership, or other similar state insolvency proceedings (which court-
approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly
negotiated rates between the court-approved purchaser and the health plan, and such rates shall be
effective as of the date that the court-approved purchaser and the health plan execute the initial
agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital
payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),
respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)
period as of July 1 following the completion of the first full year of the court-approved purchaser’s
initial Medicaid managed care contract.
(2) “Non-government owned hospitals” means a hospital not owned and operated by the
state of Rhode Island.
(3) “State-government owned and operated hospitals” means a hospital facility licensed by
the Rhode Island Department of Health, owned and operated by the state of Rhode Island.
(4) “Rehabilitative Hospital” means Rehabilitation Hospital Center licensed by the Rhode
Island Department of Health.
(5) “Independent Hospitals” means a hospital not part of a multi-hospital system
(6) “High Medicaid/Uninsured Cost Hospital” means a hospital for which the hospital’s
total uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital’s total
net patient-services revenues, is equal to 6.0% or greater.
(7) “Medicare-designated Low Volume Hospital” means a hospital that qualifies under 42
CFR 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher
incremental costs associated with a low volume of discharges.
(2)(8) “Gross patient-services revenue” means the gross revenue related to patient care
services.
(3)(9) “Net patient-services revenue” means the charges related to patient care services less
(i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.
(10) “Inpatient net patient-services revenue” means the charges related to inpatient care
services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual
allowances.
(11) “Outpatient net patient-services revenue” means the charges related to outpatient care
services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual
allowances.
(e)(k) The tax administrator in consultation with the executive office of health and human
services shall make and promulgate any rules, regulations, and procedures not inconsistent with
state law and fiscal procedures that he or she deems necessary for the proper administration of this
section and to carry out the provisions, policy, and purposes of this section.
(f)(l) The licensing fee imposed by subsection (a) shall apply to hospitals as defined herein
that are duly licensed on July 1, 2020 2021, and shall be in addition to the inspection fee imposed
by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.
(g)(m) The licensing fee imposed by subsection (b) shall apply to hospitals as defined
herein that are duly licensed on July 1, 2021 2022, and shall be in addition to the inspection fee
imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this
section.
(h)(n) The licensing fee fees imposed by subsection subsections (c) through (g) shall apply
to hospitals as defined herein that are duly licensed on July 1, 2022 2023, and shall be in addition
to the inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in
accordance with this section.
SECTION 2. Sections 40-5.2-8, 40-5.2-10 and 40-5.2-20 of the General Laws in Chapter
40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as follows:
As used in this chapter, the following terms having the meanings set forth herein, unless
the context in which such terms are used clearly indicates to the contrary:
(1) “Applicant” means a person who has filed a written application for assistance for herself
or himself and her or his dependent child(ren). An applicant may be a parent or non-parent caretaker
relative.
(2) “Assistance” means cash and any other benefits provided pursuant to this chapter.
(3) “Assistance unit” means the assistance-filing unit consisting of the group of persons,
including the dependent child(ren), living together in a single household who must be included in
the application for assistance and in the assistance payment if eligibility is established. An
assistance unit may be the same as a family.
(4) “Benefits” shall mean assistance received pursuant to this chapter.
(5) “Community service programs” means structured programs and activities in which cash
assistance recipients perform work for the direct benefit of the community under the auspices of
public or nonprofit organizations. Community service programs are designed to improve the
employability of recipients not otherwise able to obtain paid employment.
(6) “Department” means the department of human services.
(7) “Dependent child” means an individual, other than an individual with respect to whom
foster care maintenance payments are made, who is: (i) Under the age of eighteen (18); or (ii) Under
the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of
vocational or educational training).
(8) “Director” means the director of the department of human services.
(9) “Earned income” means income in cash or the equivalent received by a person through
the receipt of wages, salary, commissions, or profit from activities in which the person is self-
employed or as an employee and before any deductions for taxes.
(10) “Earned income tax credit” means the credit against federal personal income tax
liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section,
the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26
U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned
income tax credit, as well as any refundable state earned income tax credit.
(11) “Education directly related to employment” means education, in the case of a
participant who has not received a high school diploma or a certificate of high school equivalency,
related to a specific occupation, job, or job offer.
(12) “Family” means: (i) A pregnant woman person from and including the seventh month
onset of her pregnancy; or (ii) A child and the following eligible persons living in the same
household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence
of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The
child’s minor siblings (whether of the whole or half blood); provided, however, that the term
“family” shall not include any person receiving benefits under Title XVI of the Social Security Act,
42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit.
(13) “Gross earnings” means earnings from employment and self-employment further
described in the department of human services rules and regulations.
(14) “Individual employment plan” means a written, individualized plan for employment
developed jointly by the applicant and the department of human services that specifies the steps the
participant shall take toward long-term economic independence developed in accordance with §
40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a
condition of eligibility in accordance with § 40-5.2-10(e).
(15) “Job search and job readiness” means the mandatory act of seeking or obtaining
employment by the participant, or the preparation to seek or obtain employment.
In accord with federal requirements, job search activities must be supervised by the
department of labor and training and must be reported to the department of human services in
accordance with TANF work verification requirements.
Except in the context of rehabilitation employment plans, and special services provided by
the department of children, youth and families, job-search and job-readiness activities are limited
to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with
limited exceptions as defined by the department. The department of human services, in consultation
with the department of labor and training, shall extend job-search, and job-readiness assistance for
up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent
(50%) greater than the United States unemployment rate if the state meets the definition of a “needy
state” under the contingency fund provisions of federal law.
Preparation to seek employment, or job readiness, may include, but may not be limited to:
the participant obtaining life-skills training; homelessness services; domestic violence services;
special services for families provided by the department of children, youth and families; substance
abuse treatment; mental health treatment; or rehabilitation activities as appropriate for those who
are otherwise employable. The services, treatment, or therapy must be determined to be necessary
and certified by a qualified medical or mental health professional. Intensive work-readiness
services may include: work-based literacy; numeracy; hands-on training; work experience; and case
management services. Nothing in this section shall be interpreted to mean that the department of
labor and training shall be the sole provider of job-readiness activities described herein.
(16) “Job skills training directly related to employment” means training or education for
job skills required by an employer to provide an individual with the ability to obtain employment
or to advance or adapt to the changing demands of the workplace. Job skills training directly related
to employment must be supervised on an ongoing basis.
(17) “Minor parent” means a parent under the age of eighteen (18). A minor parent may be
an applicant or recipient with his or her dependent child(ren) in his or her own case or a member
of an assistance unit with his or her dependent child(ren) in a case established by the minor parent’s
parent.
(18) “Net income” means the total gross income of the assistance unit less allowable
disregards and deductions as described in § 40-5.2-10(g).
(19) “On-the-job training” means training in the public or private sector that is given to a
paid employee while he or she is engaged in productive work and that provides knowledge and
skills essential to the full and adequate performance of the job. On-the-job training must be
supervised by an employer, work-site sponsor, or other designee of the department of human
services on an ongoing basis.
(20) “Participant” means a person who has been found eligible for assistance in accordance
with this chapter and who must comply with all requirements of this chapter, and has entered into
an individual employment plan. A participant may be a parent or non-parent caretaker relative
included in the cash assistance payment.
(21) “Recipient” means a person who has been found eligible and receives cash assistance
in accordance with this chapter.
(22) “Relative” means a parent, stepparent, grandparent, great grandparent, great-great
grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother,
stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-
niece, great-great niece, nephew, great-nephew, or great-great nephew.
(23) “Resident” means a person who maintains residence by his or her continuous physical
presence in the state.
(24) “Self-employment income” means the total profit from a business enterprise, farming,
etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses
directly related to producing the goods or services and without which the goods or services could
not be produced. However, items such as depreciation, personal business and entertainment
expenses, and personal transportation are not considered business expenses for the purposes of
determining eligibility for cash assistance in accordance with this chapter.
(25) “State” means the state of Rhode Island.
(26) “Subsidized employment” means employment in the private or public sectors for
which the employer receives a subsidy from TANF or other public funds to offset some or all of
the wages and costs of employing a recipient. It includes work in which all or a portion of the wages
paid to the recipient are provided to the employer either as a reimbursement for the extra costs of
training or as an incentive to hire the recipient, including, but not limited to, grant diversion.
(27) “Subsidized housing” means housing for a family whose rent is restricted to a
percentage of its income.
(28) “Unsubsidized employment” means full- or part-time employment in the public or
private sector that is not subsidized by TANF or any other public program.
(29) “Vocational educational training” means organized educational programs, not to
exceed twelve (12) months with respect to any participant, that are directly related to the preparation
of participants for employment in current or emerging occupations. Vocational educational training
must be supervised.
(30) “Work activities” mean the specific work requirements that must be defined in the
individual employment plan and must be complied with by the participant as a condition of
eligibility for the receipt of cash assistance for single and two-family (2) households outlined in §
40-5.2-12.
(31) “Work experience” means a work activity that provides a participant with an
opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain
employment. The purpose of work experience is to improve the employability of those who cannot
find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee
of the department must supervise this activity.
(32) “Work supplementation,” also known as “grant diversion,” means the use of all or a
portion of a participant’s cash assistance grant and food stamp grant as a wage supplement to an
employer. The supplement shall be limited to a maximum period of twelve (12) months. An
employer must agree to continue the employment of the participant as part of the regular work
force, beyond the supplement period, if the participant demonstrates satisfactory performance.
The following requirements and conditions shall be necessary to establish eligibility for
the program.
(a) Citizenship, alienage, and residency requirements.
(1) A person shall be a resident of the State of Rhode Island.
(2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the
alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be
amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the
alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in
accordance with this chapter.
(b) The family/assistance unit must meet any other requirements established by the
department of human services by rules and regulations adopted pursuant to the Administrative
Procedures Act, as necessary to promote the purpose and goals of this chapter.
(c) Receipt of cash assistance is conditional upon compliance with all program
requirements.
(d) All individuals domiciled in this state shall be exempt from the application of
subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any
individual ineligible for certain state and federal assistance if that individual has been convicted
under federal or state law of any offense that is classified as a felony by the law of the jurisdiction
and that has as an element the possession, use, or distribution of a controlled substance as defined
in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).
(e) Individual employment plan as a condition of eligibility.
(1) Following receipt of an application, the department of human services shall assess the
financial conditions of the family, including the non-parent caretaker relative who is applying for
cash assistance for himself or herself as well as for the minor child(ren), in the context of an
eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-
employed, the department shall conduct an initial assessment, taking into account:
(A) The physical capacity, skills, education, work experience, health, safety, family
responsibilities, and place of residence of the individual; and
(B) The child care and supportive services required by the applicant to avail himself or
herself of employment opportunities and/or work readiness programs.
(2) On the basis of this assessment, the department of human services and the department
of labor and training, as appropriate, in consultation with the applicant, shall develop an individual
employment plan for the family that requires the individual to participate in the intensive
employment services. Intensive employment services shall be defined as the work requirement
activities in § 40-5.2-12(g) and (i).
(3) The director, or his or her designee, may assign a case manager to an
applicant/participant, as appropriate.
(4) The department of labor and training and the department of human services in
conjunction with the participant shall develop a revised individual employment plan that shall
identify employment objectives, taking into consideration factors above, and shall include a
strategy for immediate employment and for preparing for, finding, and retaining employment
consistent, to the extent practicable, with the individual’s career objectives.
(5) The individual employment plan must include the provision for the participant to
engage in work requirements as outlined in § 40-5.2-12.
(6)(i) The participant shall attend and participate immediately in intensive assessment and
employment services as the first step in the individual employment plan, unless temporarily exempt
from this requirement in accordance with this chapter. Intensive assessment and employment
services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).
(ii) Parents under age twenty (20) without a high school diploma or general equivalency
diploma (GED) shall be referred to special teen-parent programs that will provide intensive services
designed to assist teen parents to complete high school education or GED, and to continue approved
work plan activities in accord with Rhode Island works program requirements.
(7) The applicant shall become a participant in accordance with this chapter at the time the
individual employment plan is signed and entered into.
(8) Applicants and participants of the Rhode Island works program shall agree to comply
with the terms of the individual employment plan, and shall cooperate fully with the steps
established in the individual employment plan, including the work requirements.
(9) The department of human services has the authority under the chapter to require
attendance by the applicant/participant, either at the department of human services or at the
department of labor and training, at appointments deemed necessary for the purpose of having the
applicant enter into and become eligible for assistance through the Rhode Island works program.
The appointments include, but are not limited to: the initial interview, orientation and assessment;
job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance
in accordance with rules and regulations established by the department.
(10) As a condition of eligibility for assistance pursuant to this chapter, the
applicant/participant shall be obligated to keep appointments; attend orientation meetings at the
department of human services and/or the Rhode Island department of labor and training; participate
in any initial assessments or appraisals; and comply with all the terms of the individual employment
plan in accordance with department of human services rules and regulations.
(11) A participant, including a parent or non-parent caretaker relative included in the cash
assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as
defined in this chapter or the department’s rules and regulations.
(12) A participant who voluntarily quits or refuses a job without good cause, as defined in
§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned
in accordance with rules and regulations promulgated by the department.
(f) Resources.
(1) The family or assistance unit’s countable resources shall be less than the allowable
resource limit established by the department in accordance with this chapter.
(2) No family or assistance unit shall be eligible for assistance payments if the combined
value of its available resources (reduced by any obligations or debts with respect to such resources)
exceeds five thousand dollars ($5,000).
(3) For purposes of this subsection, the following shall not be counted as resources of the
family/assistance unit in the determination of eligibility for the works program:
(i) The home owned and occupied by a child, parent, relative, or other individual;
(ii) Real property owned by a husband and wife as tenants by the entirety, if the property
is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in
the property;
(iii) Real property that the family is making a good faith effort to dispose of, however, any
cash assistance payable to the family for any such period shall be conditioned upon such disposal
of the real property within six (6) months of the date of application and any payments of assistance
for that period shall (at the time of disposal) be considered overpayments to the extent that they
would not have occurred at the beginning of the period for which the payments were made. All
overpayments are debts subject to recovery in accordance with the provisions of the chapter;
(iv) Income-producing property other than real estate including, but not limited to,
equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or
services that the department determines are necessary for the family to earn a living;
(v) One vehicle for each adult household member, but not to exceed two (2) vehicles per
household, and in addition, a vehicle used primarily for income-producing purposes such as, but
not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that
annually produces income consistent with its fair market value, even if only used on a seasonal
basis; a vehicle necessary to transport a family member with a disability where the vehicle is
specially equipped to meet the specific needs of the person with a disability or if the vehicle is a
special type of vehicle that makes it possible to transport the person with a disability;
(vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of
limited value;
(vii) Burial plots (one for each child, relative, and other individual in the assistance unit)
and funeral arrangements;
(viii) For the month of receipt and the following month, any refund of federal income taxes
made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating
to earned income tax credit), and any payment made to the family by an employer under § 3507 of
the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of
such earned income credit);
(ix) The resources of any family member receiving supplementary security income
assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;
(x) Any veteran’s disability pension benefits received as a result of any disability sustained
by the veteran while in the military service.
(g) Income.
(1) Except as otherwise provided for herein, in determining eligibility for and the amount
of cash assistance to which a family is entitled under this chapter, the income of a family includes
all of the money, goods, and services received or actually available to any member of the family.
(2) In determining the eligibility for and the amount of cash assistance to which a
family/assistance unit is entitled under this chapter, income in any month shall not include the first
three hundred dollars ($300) of gross earnings plus fifty percent (50%) of the gross earnings of the
family in excess of three hundred dollars ($300) earned during the month.
(3) The income of a family shall not include:
(i) The first fifty dollars ($50.00) in child support received in any month from each
noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty
dollars ($50.00) per month multiplied by the number of months in which the support has been in
arrears) that are paid in any month by a noncustodial parent of a child;
(ii) Earned income of any child;
(iii) Income received by a family member who is receiving Supplemental Security Income
(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;
(iv) The value of assistance provided by state or federal government or private agencies to
meet nutritional needs, including: value of USDA-donated foods; value of supplemental food
assistance received under the Child Nutrition Act of 1966, as amended, and the special food service
program for children under Title VII, nutrition program for the elderly, of the Older Americans Act
of 1965 as amended, and the value of food stamps;
(v) Value of certain assistance provided to undergraduate students, including any grant or
loan for an undergraduate student for educational purposes made or insured under any loan program
administered by the United States Commissioner of Education (or the Rhode Island council on
postsecondary education or the Rhode Island division of higher education assistance);
(vi) Foster care payments;
(vii) Home energy assistance funded by state or federal government or by a nonprofit
organization;
(viii) Payments for supportive services or reimbursement of out-of-pocket expenses made
to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE
and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act
of 1973, 42 U.S.C. § 5000 et seq.;
(ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules
and regulations;
(x) Certain payments to native Americans; payments distributed per capita to, or held in
trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,
25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes
which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,
1975;
(xi) Refund from the federal and state earned income tax credit and any federal or state
child tax credits or rebates;
(xii) The value of any state, local, or federal government rent or housing subsidy, provided
that this exclusion shall not limit the reduction in benefits provided for in the payment standard
section of this chapter;
(xiii) The earned income of any adult family member who gains employment while an
active RI Works household member. This income is excluded for the first six (6) months of
employment in which the income is earned, or until the household’s total gross income exceeds
one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches
its sixty-month (60) time limit first;
(xiv) Any veteran’s disability pension benefits received as a result of any disability
sustained by the veteran while in the military service.
(4) The receipt of a lump sum of income shall affect participants for cash assistance in
accordance with rules and regulations promulgated by the department.
(h) Time limit on the receipt of cash assistance.
(1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this
chapter, to a family or assistance unit that includes an adult member who has received cash
assistance for a total of sixty (60) months (whether or not consecutive), to include any time
receiving any type of cash assistance in any other state or territory of the United States of America
as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)
with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to
a family or assistance unit that includes an adult member who has received cash assistance for a
total of a lifetime limit of sixty (60) months.
(2) Cash benefits received by a minor dependent child shall not be counted toward their
lifetime time limit for receiving benefits under this chapter should that minor child apply for cash
benefits as an adult.
(3) Certain minor children not subject to time limit. This section regarding the lifetime time
limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)
living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult
non-parent caretaker relative who is not in the cash assistance payment.
(4) Receipt of family cash assistance in any other state or territory of the United States of
America shall be determined by the department of human services and shall include family cash
assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds
[Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance
provided under a program similar to the Rhode Island families work and opportunity program or
the federal TANF program.
(5)(i) The department of human services shall mail a notice to each assistance unit when
the assistance unit has six (6) months of cash assistance remaining and each month thereafter until
the time limit has expired. The notice must be developed by the department of human services and
must contain information about the lifetime time limit, the number of months the participant has
remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus;
and any other information pertinent to a family or an assistance unit nearing the sixty-month (60)
lifetime time limit.
(ii) For applicants who have less than six (6) months remaining in the sixty-month (60)
lifetime time limit because the family or assistance unit previously received cash assistance in
Rhode Island or in another state, the department shall notify the applicant of the number of months
remaining when the application is approved and begin the process required in subsection (h)(5)(i).
(6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary
Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal
Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family
independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction
because of failure to comply with the cash assistance program requirements; and that recipient
family received sixty (60) months of cash benefits in accordance with the family independence
program, then that recipient family is not able to receive further cash assistance for his/her family,
under this chapter, except under hardship exceptions.
(7) The months of state or federally funded cash assistance received by a recipient family
since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program
(federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),
formerly entitled the Rhode Island family independence program, shall be countable toward the
time-limited cash assistance described in this chapter.
(i) Time limit on the receipt of cash assistance.
(1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance
unit in which an adult member has received cash assistance for a total of sixty (60) months (whether
or not consecutive) to include any time receiving any type of cash assistance in any other state or
territory of the United States as defined herein effective August 1, 2008. Provided further, that no
cash assistance shall be provided to a family in which an adult member has received assistance for
twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan
as provided in § 40-5.2-12(g)(5).
(2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter
to a family in which a child has received cash assistance for a total of sixty (60) months (whether
or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection
(a)(2) to include any time they received any type of cash assistance in any other state or territory
of the United States as defined herein.
(j) Hardship exceptions.
(1) The department may extend an assistance unit’s or family’s cash assistance beyond the
time limit, by reason of hardship; provided, however, that the number of families to be exempted
by the department with respect to their time limit under this subsection shall not exceed twenty
percent (20%) of the average monthly number of families to which assistance is provided for under
this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by
federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in
determining the twenty percent (20%) maximum under this section.
(2) Parents who receive extensions to the time limit due to hardship must have and comply
with employment plans designed to remove or ameliorate the conditions that warranted the
extension.
(k) Parents under eighteen (18) years of age.
(1) A family consisting of a parent who is under the age of eighteen (18), and who has
never been married, and who has a child; or a family consisting of a woman person under the age
of eighteen (18) who is at least six (6) months pregnant, from onset of pregnancy shall be eligible
for cash assistance only if the family resides in the home of an adult parent, legal guardian, or other
adult relative. The assistance shall be provided to the adult parent, legal guardian, or other adult
relative on behalf of the individual and child unless otherwise authorized by the department.
(2) This subsection shall not apply if the minor parent or pregnant minor has no parent,
legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the
department determines that the physical or emotional health or safety of the minor parent, or his or
her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same
residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal
guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,
to live in his or her home shall constitute a presumption that the health or safety would be so
jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or
legal guardian for a period of at least one year before either the birth of any child to a minor parent
or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental
regulations, for waiving the subsection; and the individual resides in a supervised supportive-living
arrangement to the extent available.
(3) For purposes of this section, “supervised supportive-living arrangement” means an
arrangement that requires minor parents to enroll and make satisfactory progress in a program
leading to a high school diploma or a general education development certificate, and requires minor
parents to participate in the adolescent parenting program designated by the department, to the
extent the program is available; and provides rules and regulations that ensure regular adult
supervision.
(l) Assignment and cooperation. As a condition of eligibility for cash and medical
assistance under this chapter, each adult member, parent, or caretaker relative of the
family/assistance unit must:
(1) Assign to the state any rights to support for children within the family from any person
that the family member has at the time the assignment is executed or may have while receiving
assistance under this chapter;
(2) Consent to and cooperate with the state in establishing the paternity and in establishing
and/or enforcing child support and medical support orders for all children in the family or assistance
unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
(3) Absent good cause, as defined by the department of human services through the
rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2),
cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member
of the family who has refused to comply with the requirements of this subsection consents to and
cooperates with the state in accordance with the requirements of this subsection.
(4) As a condition of eligibility for cash and medical assistance under this chapter, each
adult member, parent, or caretaker relative of the family/assistance unit must consent to and
cooperate with the state in identifying and providing information to assist the state in pursuing any
third party who may be liable to pay for care and services under Title XIX of the Social Security
Act, 42 U.S.C. § 1396 et seq.
(a) The department shall provide appropriate child care to every participant who is eligible
for cash assistance and who requires child care in order to meet the work requirements in
accordance with this chapter.
(b) Low-income child care. The department shall provide child care to all other working
families with incomes at or below two hundred percent (200%) of the federal poverty level if, and
to the extent, these other families require child care in order to work at paid employment as defined
in the department’s rules and regulations. The department shall also provide child care to families
with incomes below two hundred percent (200%) of the federal poverty level if, and to the extent,
these families require child care to participate on a short-term basis, as defined in the department’s
rules and regulations, in training, apprenticeship, internship, on-the-job training, work experience,
work immersion, or other job-readiness/job-attachment program sponsored or funded by the human
resource investment council (governor’s workforce board) or state agencies that are part of the
coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021, through June
30, 2022, the department shall also provide childcare assistance to families with incomes below
one hundred eighty percent (180%) of the federal poverty level when such assistance is necessary
for a member of these families to enroll or maintain enrollment in a Rhode Island public institution
of higher education provided that eligibility to receive funding is capped when expenditures reach
$200,000 for this provision. Effective July 1, 2022, the department shall also provide childcare
assistance to families with incomes below two hundred percent (200%) of the federal poverty level
when such assistance is necessary for a member of these families to enroll or maintain enrollment
in a Rhode Island public institution of higher education.
(c) No family/assistance unit shall be eligible for childcare assistance under this chapter if
the combined value of its liquid resources exceeds one million dollars ($1,000,000), which
corresponds to the amount permitted by the federal government under the state plan and set forth
in the administrative rulemaking process by the department. Liquid resources are defined as any
interest(s) in property in the form of cash or other financial instruments or accounts that are readily
convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit
union, or other financial institution savings, checking, and money market accounts; certificates of
deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments
or accounts. These do not include educational savings accounts, plans, or programs; retirement
accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.
The department is authorized to promulgate rules and regulations to determine the ownership and
source of the funds in the joint account.
(d) As a condition of eligibility for childcare assistance under this chapter, the parent or
caretaker relative of the family must consent to, and must cooperate with, the department in
establishing paternity, and in establishing and/or enforcing child support and medical support
orders for any children in the family receiving appropriate child care under this section in
accordance with the applicable sections of title 15, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
(e) For purposes of this section, “appropriate child care” means child care, including infant,
toddler, preschool, nursery school, and school-age, that is provided by a person or organization
qualified, approved, and authorized to provide the care by the state agency or agencies designated
to make the determinations in accordance with the provisions set forth herein.
(f)(1) Families with incomes below one hundred percent (100%) of the applicable federal
poverty level guidelines shall be provided with free child care. Families with incomes greater than
one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal
poverty guideline shall be required to pay for some portion of the child care they receive, according
to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven
percent (7%) of income as defined in subsection (h) of this section.
(2) Families who are receiving childcare assistance and who become ineligible for
childcare assistance as a result of their incomes exceeding two hundred percent (200%) of the
applicable federal poverty guidelines shall continue to be eligible for childcare assistance until their
incomes exceed three hundred percent (300%) of the applicable federal poverty guidelines. To be
eligible, the families must continue to pay for some portion of the child care they receive, as
indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven percent (7%)
of income as defined in subsection (h) of this section, and in accordance with all other eligibility
standards.
(g) In determining the type of child care to be provided to a family, the department shall
take into account the cost of available childcare options; the suitability of the type of care available
for the child; and the parent’s preference as to the type of child care.
(h) For purposes of this section, “income” for families receiving cash assistance under §
40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in
§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and
unearned income as determined by departmental regulations.
(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
the expenditures for child care in accordance with the provisions of § 35-17-1.
(j) In determining eligibility for childcare assistance for children of members of reserve
components called to active duty during a time of conflict, the department shall freeze the family
composition and the family income of the reserve component member as it was in the month prior
to the month of leaving for active duty. This shall continue until the individual is officially
discharged from active duty.
(k) Effective from August 1, 2023, through July 31, 2024, the department shall provide
funding for child care for eligible child care educators, and child care staff, who work at least twenty
(20) hours a week in licensed child care centers and licensed family child care homes as defined in
the department's rules and regulations. Eligibility is limited to qualifying child care educators and
child care staff with family incomes up to three hundred percent (300%) of the applicable federal
poverty guidelines and will have no copayments. Qualifying participants may select the child care
center or family child care home for their children. The department shall promulgate regulations
necessary to implement this section, and will collect applicant and participant data to report
estimated demand for state-funded child care for eligible child care educators and child care staff.
The report shall be due to the governor and the general assembly by November 1, 2024.
SECTION 3. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public
Assistance Act" is hereby amended to read as follows:
(a)(1) The director of the department is hereby authorized to enter into agreements on
behalf of the state with the Secretary of the Department of Health and Human Services or other
appropriate federal officials, under the Supplemental Security Income (SSI) program established
by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration
and determination of eligibility for SSI benefits for residents of this state, except as otherwise
provided in this section. The state’s monthly share of supplementary assistance to the Supplemental
Security Income program shall be as follows:
(i) Individual living alone: $39.92
(ii) Individual living with others: $51.92
(iii) Couple living alone: $79.38
(iv) Couple living with others: $97.30
(v) Individual living in state-licensed assisted-living residence: $332.00
1 (vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.]
(vii) Individual living in state-licensed supportive residential-care settings that, depending
on the population served, meet the standards set by the department of human services in conjunction
with the department of children, youth and families, the office of healthy aging, and/or the
department of behavioral healthcare, developmental disabilities and hospitals: $300.00.
Provided, however, that the department of human services shall, by regulation, reduce,
effective January 1, 2009, the state’s monthly share of supplementary assistance to the
Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the
same value as the annual federal cost of living adjustment to be published by the federal Social
Security Administration in October 2008 and becoming effective on January 1, 2009, as determined
under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.; and
provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in
the state’s monthly share shall not cause a reduction in the combined federal and state payment
level for each category of recipients in effect in the month of December 2008; provided further,
that the department of human services is authorized and directed to provide for payments to
recipients in accordance with the above directives.
(2) As of July 1, 2010, state supplement payments shall not be federally administered and
shall be paid directly by the department of human services to the recipient.
(3) Individuals living in institutions shall receive a twenty-dollar ($20.00) forty-five dollar
($45.00) per-month personal needs allowance from the state that shall be in addition to the personal
needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq.
(4) Individuals living in state-licensed supportive residential-care settings and assisted-
living residences who are receiving SSI supplemental payments under this section shall be allowed
to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their
SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established
in an administrative rule promulgated by the secretary of the executive office of health and human
services for persons eligible to receive Medicaid-funded long-term services and supports in the
settings identified in subsection (a)(1)(v).
(5) The department is authorized and directed to make a determination of the medical need
and whether a setting provides the appropriate services for those persons who:
(i) Have applied for or are receiving SSI, and who apply for admission to supportive
residential-care settings and assisted-living residences on or after October 1, 1998; or
(ii) Who are residing in supportive residential-care settings and assisted-living residences,
and who apply for or begin to receive SSI on or after October 1, 1998.
(6) The process for determining medical need required by subsection (a)(5) of this section
shall be developed by the executive office of health and human services in collaboration with the
departments of that office and shall be implemented in a manner that furthers the goals of
establishing a statewide coordinated long-term-care entry system as required pursuant to the
Medicaid section 1115 waiver demonstration.
(7) To assure access to high-quality, coordinated services, the executive office of health
and human services is further authorized and directed to establish certification or contract standards
that must be met by those state-licensed supportive residential-care settings, including adult
supportive-care homes and assisted-living residences admitting or serving any persons eligible for
state-funded supplementary assistance under this section. The certification or contract standards
shall define:
(i) The scope and frequency of resident assessments, the development and implementation
of individualized service plans, staffing levels and qualifications, resident monitoring, service
coordination, safety risk management and disclosure, and any other related areas;
(ii) The procedures for determining whether the certifications or contract standards have
been met; and
(iii) The criteria and process for granting a one-time, short-term good-cause exemption
from the certification or contract standards to a licensed supportive residential-care setting or
assisted-living residence that provides documented evidence indicating that meeting, or failing to
meet, the standards poses an undue hardship on any person eligible under this section who is a
prospective or current resident.
(8) The certification or contract standards required by this section shall be developed in
collaboration by the departments, under the direction of the executive office of health and human
services, so as to ensure that they comply with applicable licensure regulations either in effect or
in development.
(b) The department is authorized and directed to provide additional assistance to
individuals eligible for SSI benefits for:
(1) Moving costs or other expenses as a result of an emergency of a catastrophic nature,
which is defined as a fire or natural disaster; and
(2) Lost or stolen SSI benefit checks or proceeds of them; and
(3) Assistance payments to SSI-eligible individuals in need because of the application of
federal SSI regulations regarding estranged spouses; and the department shall provide the
assistance in a form and amount that the department shall by regulation determine.
SECTION 4. Section 40-8-2 of the General Laws in Chapter 40-8 entitled "Medical
Assistance" is hereby amended to read as follows:
As used in this chapter, unless the context shall otherwise require:
(1) “Dental service” means and includes emergency care, X-rays for diagnoses, extractions,
palliative treatment, and the refitting and relining of existing dentures and prosthesis.
(2) “Department” means the department of human services.
(3) “Director” means the director of human services.
(4) “Drug” means and includes only drugs and biologicals prescribed by a licensed dentist
or physician as are either included in the United States pharmacopoeia, national formulary, or are
new and nonofficial drugs and remedies.
(5) “Inpatient” means a person admitted to and under treatment or care of a physician or
surgeon in a hospital or nursing facility that meets standards of and complies with rules and
regulations promulgated by the director.
(6) “Inpatient hospital services” means the following items and services furnished to an
inpatient in a hospital other than a hospital, institution, or facility for tuberculosis or mental
diseases:
(i) Bed and board;
(ii) Nursing services and other related services as are customarily furnished by the hospital
for the care and treatment of inpatients and drugs, biologicals, supplies, appliances, and equipment
for use in the hospital, as are customarily furnished by the hospital for the care and treatment of
patients;
(iii)(A) Other diagnostic or therapeutic items or services, including, but not limited to,
pathology, radiology, and anesthesiology furnished by the hospital or by others under arrangements
made by the hospital, as are customarily furnished to inpatients either by the hospital or by others
under such arrangements, and services as are customarily provided to inpatients in the hospital by
an intern or resident-in-training under a teaching program having the approval of the Council on
Medical Education and Hospitals of the American Medical Association or of any other recognized
medical society approved by the director.
(B) The term “inpatient hospital services” shall be taken to include medical and surgical
services provided by the inpatient’s physician, but shall not include the services of a private-duty
nurse or services in a hospital, institution, or facility maintained primarily for the treatment and
care of patients with tuberculosis or mental diseases. Provided, further, it shall be taken to include
only the following organ transplant operations: kidney, liver, cornea, pancreas, bone marrow, lung,
heart, and heart/lung, and other organ transplant operations as may be designated by the director
after consultation with medical advisory staff or medical consultants; and provided that any such
transplant operation is determined by the director or his or her designee to be medically necessary.
Prior written approval of the director, or his or her designee, shall be required for all covered organ
transplant operations.
(C) In determining medical necessity for organ transplant procedures, the state plan shall
adopt a case-by-case approach and shall focus on the medical indications and contra-indications in
each instance; the progressive nature of the disease; the existence of any alternative therapies; the
life-threatening nature of the disease; the general state of health of the patient apart from the
particular organ disease; and any other relevant facts and circumstances related to the applicant and
the particular transplant procedure.
(7) “Nursing services” means the following items and services furnished to an inpatient in
a nursing facility:
(i) Bed and board;
(ii) Nursing care and other related services as are customarily furnished to inpatients
admitted to the nursing facility, and drugs, biologicals, supplies, appliances, and equipment for use
in the facility, as are customarily furnished in the facility for the care and treatment of patients;
(iii) Other diagnostic or therapeutic items or services, legally furnished by the facility or
by others under arrangements made by the facility, as are customarily furnished to inpatients either
by the facility or by others under such arrangement;
(iv) Medical services provided in the facility by the inpatient’s physician, or by an intern
or resident-in-training of a hospital with which the facility is affiliated or that is under the same
control, under a teaching program of the hospital approved as provided in subsection (6); and
(v) A personal-needs allowance of fifty dollars ($50.00) seventy-five dollars ($75.00) per
month.
(8) “Relative with whom the dependent child is living” means and includes the father,
mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister,
uncle, aunt, first cousin, nephew, or niece of any dependent child who maintains a home for the
dependent child.
(9) “Visiting nurse service” means part-time or intermittent nursing care provided by or
under the supervision of a registered professional nurse other than in a hospital or nursing home.
SECTION 5. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8 entitled
“Uncompensated Care” is hereby amended to read as follows:
As used in this chapter:
(1) "Base year" means, for the purpose of calculating a disproportionate share payment for
any fiscal year ending after September 30, 2021 2022, the period from October 1, 2019 2020,
through September 30, 2020 2021, and for any fiscal year ending after September 30, 2022 2023,
the period from October 1, 2019 2021, through September 30, 2020 2022.
(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a
percentage), the numerator of which is the hospital's number of inpatient days during the base year
attributable to patients who were eligible for medical assistance during the base year and the
denominator of which is the total number of the hospital's inpatient days in the base year.
(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
(i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year
and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to
§ 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless
of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-
17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient
care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or
pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care
payment rates for a court-approved purchaser that acquires a hospital through receivership, special
mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued
a hospital license after January 1, 2013), shall be based upon the newly negotiated rates between
the court-approved purchaser and the health plan, and the rates shall be effective as of the date that
the court-approved purchaser and the health plan execute the initial agreement containing the newly
negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient
hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall
thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1
following the completion of the first full year of the court-approved purchaser's initial Medicaid
managed care contract;
(ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)
during the base year; and
(iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during
the payment year.
(4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred
by the hospital during the base year for inpatient or outpatient services attributable to charity care
(free care and bad debts) for which the patient has no health insurance or other third-party coverage
less payments, if any, received directly from such patients; and (ii) The cost incurred by the hospital
during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less
any Medicaid reimbursement received therefor; multiplied by the uncompensated-care index.
(5) "Uncompensated-care index" means the annual percentage increase for hospitals
established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including
the payment year; provided, however, that the uncompensated-care index for the payment year
ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%),
and that the uncompensated-care index for the payment year ending September 30, 2008, shall be
deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care
index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight
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
30, 2023, and September 30, 2024 shall be deemed to be five and thirty hundredths percent (5.30%).
(a) For federal fiscal year 2021, commencing on October 1, 2020, and ending September
30, 2021, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$142.5 million, shall be allocated by the executive office of health and human services to the Pool
D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital’s uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before July 12, 2021, and are expressly conditioned upon approval
on or before July 5, 2021, by the Secretary of the United States Department of Health and Human
Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2021 for
the disproportionate share payments.
(b)(a) For federal fiscal year 2022, commencing on October 1, 2021, and ending September
30, 2022, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$145.1 million, shall be allocated by the executive office of health and human services to the Pool
D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital’s uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2022, and are expressly conditioned upon approval
on or before July 5, 2022, by the Secretary of the United States Department of Health and Human
Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2022 for
the disproportionate share payments.
(c)(b) For federal fiscal year 2023, commencing on October 1, 2022, and ending September
30, 2023, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$145.1 $159.0 million, shall be allocated by the executive office of health and human services to
the Pool D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital’s uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before June 15, 2023, and are expressly conditioned upon approval
on or before June 23, 2023, by the Secretary of the United States Department of Health and Human
Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2023 for
the disproportionate share payments.
(c) For federal fiscal year 2024, commencing on October 1, 2023, and ending September
30, 2024, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$14.8 million shall be allocated by the executive office of health and human services to the Pool D
component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital’s uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before June 15, 2024, and are expressly conditioned upon approval
on or before June 23, 2024, by the Secretary of the United States Department of Health and Human
Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2024 for
the disproportionate share payments.
(d) No provision is made pursuant to this chapter for disproportionate-share hospital
payments to participating hospitals for uncompensated-care costs related to graduate medical
education programs.
(e) The executive office of health and human services is directed, on at least a monthly
basis, to collect patient-level uninsured information, including, but not limited to, demographics,
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.]
SECTION 6. Sections 40-8.7-1, 40-8.7-2 and 40-8.7-6 of the General Laws in Chapter 40-
8.7 entitled "Healthcare Assistance for Working People with Disabilities" are hereby amended to
read as follows:
This chapter shall be known and may be cited as “The Sherlock Act.” or "The Ticket to
Work Program."
The department of human services Executive Office of Health and Human Services is
hereby authorized and directed to establish maintain a Medicaid buy-in program pursuant to the
“Balanced Budget Act of 1997,” 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII) and the federal Ticket to
Work and Incentives Improvement Act of 1999 (TWWIIA), Public Law 106-170.
(a) To be eligible for benefits under the Medicaid buy-in program:
(1) The person shall be an individual with disabilities as defined in § 40-8.7-4, but without
regard to his or her ability to engage in substantial gainful activity, as specified in the Social
Security Act, 42 U.S.C. § 423(d)(4);
(2) The person shall be employed as defined in § 40-8.7-4;
(3) For the Sherlock Act Medicaid buy in program the The person’s net accountable income
shall either not exceed two hundred fifty percent (250%) of the federal poverty level, taking into
account the SSI program disregards and impairment-related work expenses as defined in 42 U.S.C.
§ 1396a(r)(2) or for the Ticket to Work Program buy in program there are no income or asset limits
to be considered as part of the eligibility determination;
(4) A maximum of ten thousand dollars ($10,000) of available resources for an individual
and twenty thousand dollars ($20,000) for a couple shall be disregarded as shall any additional
resources held in a retirement account, in a medical savings account, or any other account, related
to enhancing the independence of the individual and approved under rules to be adopted by the
department executive office for the Sherlock Act; there are no income or asset limits for the Ticket
to Work Program; and
(5) The person shall be a current medical assistance recipient under § 40-8.5-1 [CNIL] or
§ 40-8-3(5)(v) [MNIL]; or shall meet income, assets, (except as modified by subsection (a)(4) of
this section) and eligibility requirements for the medical assistance program under § 40-8.5-1
[CNIL] or § 40-8-3(5)(v) [MNIL], as such requirements are modified and extended by this chapter.
(b) Appeals Process. The director or designee shall review each application filed in
accordance with regulations, and shall make a determination of whether the application will be
approved and the extent of the benefits to be made available to the applicant, and shall, within thirty
(30) days after the filing, notify the applicant, in writing, of the determination. If the application is
rejected, the applicant shall be notified the reason for the denial. The director may at any time
reconsider any determination. Any applicant for or recipient of benefits aggrieved because of a
decision, or delay in making a decision, shall be entitled to an appeal and shall be afforded
reasonable notice and opportunity for a fair hearing conducted by the director, pursuant to chapter
8 of this title.
SECTION 7. Sections 40-8.9-1 and 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled
"Long-Term Care Service and Finance Reform" are hereby amended to read as follows:
28 40-8.9-1. Findings.
(a) The number of Rhode Islanders in need of long-term-care services continues to rise
substantially, and the quality of life of these Rhode Islanders is determined by the capacity of the
long-term-care system state to provide ensure equitable access to the full array of services and
supports required to meet their healthcare needs and maintain their independence.
(b) It is in the interest of all Rhode Islanders to endorse and fund statewide efforts to build
a fiscally sound, dynamic and resilient long-term-care system that supports fosters: consumer
independence and choice; the delivery of high-quality, coordinated services; the financial integrity
of all participants-purchasers, payers, providers, and consumers; and the responsible and efficient
allocation of all available public and private resources, including preservation of federal financial
participation.
(c) It is in the interest of all Rhode Islanders to assure that rates paid for community-based
long-term-care services are adequate to assure high quality as well as and supportive of support
workforce recruitment and retention.
(d) It is in the interest of all Rhode Islanders to improve consumers’ access information
regarding community-based alternatives to institutional settings of care.
(e) It is in the best interest of all Rhode Islanders to maintain a person-centered, quality
driven, and conflict-free system of publicly financed long-term services and supports that is
responsive to the goals and preferences of those served.
(a) Notwithstanding any other provision of state law, the executive office of health and
human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver
amendment(s), and/or state-plan amendments from the Secretary of the United States Department
of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of
program design and implementation that addresses the goal of allocating a minimum of fifty percent
(50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults
with disabilities, in addition to services for persons with developmental disabilities, to home- and
community-based care; provided, further, the executive office shall report annually as part of its
budget submission, the percentage distribution between institutional care and home- and
community-based care by population and shall report current and projected waiting lists for long-
term-care and home- and community-based care services. The executive office is further authorized
and directed to prioritize investments in home- and community-based care and to maintain the
integrity and financial viability of all current long-term-care services while pursuing this goal.
(b) The reformed long-term-care system rebalancing goal is person-centered and
encourages individual self-determination, family involvement, interagency collaboration, and
individual choice through the provision of highly specialized and individually tailored home-based
services. Additionally, individuals with severe behavioral, physical, or developmental disabilities
must have the opportunity to live safe and healthful lives through access to a wide range of
supportive services in an array of community-based settings, regardless of the complexity of their
medical condition, the severity of their disability, or the challenges of their behavior. Delivery of
services and supports in less-costly and less-restrictive community settings will enable children,
adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care
institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals,
intermediate-care facilities, and/or skilled nursing facilities.
(c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health
and human services is directed and authorized to adopt a tiered set of criteria to be used to determine
eligibility for services. The criteria shall be developed in collaboration with the state’s health and
human services departments and, to the extent feasible, any consumer group, advisory board, or
other entity designated for these purposes, and shall encompass eligibility determinations for long-
term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with
intellectual disabilities, as well as home- and community-based alternatives, and shall provide a
common standard of income eligibility for both institutional and home- and community-based care.
The executive office is authorized to adopt clinical and/or functional criteria for admission to a
nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that
are more stringent than those employed for access to home- and community-based services. The
executive office is also authorized to promulgate rules that define the frequency of re-assessments
for services provided for under this section. Levels of care may be applied in accordance with the
following:
(1) The executive office shall continue to apply the level-of-care criteria in effect on June
30, 2015 April 1, 2021, for any recipient determined eligible for and receiving Medicaid-funded
long-term services and supports in a nursing facility, hospital, or intermediate-care facility for
persons with intellectual disabilities on or before that date, unless:
(i) The recipient transitions to home- and community-based services because he or she
would no longer meet the level-of-care criteria in effect on June 30, 2015 April 1, 2021; or
(ii) The recipient chooses home- and community-based services over the nursing facility,
hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of
this section, a failed community placement, as defined in regulations promulgated by the executive
office, shall be considered a condition of clinical eligibility for the highest level of care. The
executive office shall confer with the long-term-care ombudsperson with respect to the
determination of a failed placement under the ombudsperson’s jurisdiction. Should any Medicaid
recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with
intellectual disabilities as of June 30, 2015 April 1, 2021, receive a determination of a failed
community placement, the recipient shall have access to the highest level of care; furthermore, a
recipient who has experienced a failed community placement shall be transitioned back into his or
her former nursing home, hospital, or intermediate-care facility for persons with intellectual
disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,
hospital, or intermediate-care facility for persons with intellectual disabilities in a manner
consistent with applicable state and federal laws.
(2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a
nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall
not be subject to any wait list for home- and community-based services.
(3) No nursing home, hospital, or intermediate-care facility for persons with intellectual
disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds
that the recipient does not meet level-of-care criteria unless and until the executive office has:
(i) Performed an individual assessment of the recipient at issue and provided written notice
to the nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities
that the recipient does not meet level-of-care criteria; and
(ii) The recipient has either appealed that level-of-care determination and been
unsuccessful, or any appeal period available to the recipient regarding that level-of-care
determination has expired.
(d) The executive office is further authorized to consolidate all home- and community-
based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- and
community-based services that include options for consumer direction and shared living. The
resulting single home- and community-based services system shall replace and supersede all 42
U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting
single program home- and community-based services system shall include the continued funding
of assisted-living services at any assisted-living facility financed by the Rhode Island housing and
mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter 66.8
of title 42 as long as assisted-living services are a covered Medicaid benefit.
(e) The executive office is authorized to promulgate rules that permit certain optional
services including, but not limited to, homemaker services, home modifications, respite, and
physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care
subject to availability of state-appropriated funding for these purposes.
(f) To promote the expansion of home- and community-based service capacity, the
executive office is authorized to pursue payment methodology reforms that increase access to
homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and
adult day services, as follows:
(1) Development of revised or new Medicaid certification standards that increase access to
service specialization and scheduling accommodations by using payment strategies designed to
achieve specific quality and health outcomes.
(2) Development of Medicaid certification standards for state-authorized providers of adult
day services, excluding providers of services authorized under § 40.1-24-1(3), assisted living, and
adult supportive care (as defined under chapter 17.24 of title 23) that establish for each, an acuity-
based, tiered service and payment methodology tied to: licensure authority; level of beneficiary
needs; the scope of services and supports provided; and specific quality and outcome measures.
The standards for adult day services for persons eligible for Medicaid-funded long-term
services may differ from those who do not meet the clinical/functional criteria set forth in § 40-
8.10-3.
(3) As the state’s Medicaid program seeks to assist more beneficiaries requiring long-term
services and supports in home- and community-based settings, the demand for home-care workers
has increased, and wages for these workers has not kept pace with neighboring states, leading to
high turnover and vacancy rates in the state’s home-care industry, the executive office shall institute
a one-time increase in the base-payment rates for FY 2019, as described below, for home-care
service providers to promote increased access to and an adequate supply of highly trained home-
healthcare professionals, in amount to be determined by the appropriations process, for the purpose
of raising wages for personal care attendants and home health aides to be implemented by such
providers.
(i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent
(10%) of the current base rate for home-care providers, home nursing care providers, and hospice
providers contracted with the executive office of health and human services and its subordinate
agencies to deliver Medicaid fee-for-service personal care attendant services.
(ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty percent
(20%) of the current base rate for home-care providers, home nursing care providers, and hospice
providers contracted with the executive office of health and human services and its subordinate
agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services and hospice
care.
(iii) Effective upon passage of this section, hospice provider reimbursement, exclusively
for room and board expenses for individuals residing in a skilled nursing facility, shall revert to the
rate methodology in effect on June 30, 2018, and these room and board expenses shall be exempted
from any and all annual rate increases to hospice providers as provided for in this section.
(iv) On the first of July in each year, beginning on July 1, 2019, the executive office of
health and human services will initiate an annual inflation increase to the base rate for home-care
providers, home nursing care providers, and hospice providers contracted with the executive office
and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant services,
skilled nursing and therapeutic services and hospice care. The base rate increase shall be a
percentage amount equal to the New England Consumer Price Index card as determined by the
United States Department of Labor for medical care and for compliance with all federal and state
laws, regulations, and rules, and all national accreditation program requirements.
(g) As the state’s Medicaid program seeks to assist more beneficiaries requiring long-term
services and supports in home- and community-based settings, the demand for home-care workers
has increased, and wages for these workers has not kept pace with neighboring states, leading to
high turnover and vacancy rates in the state’s home-care industry. To promote increased access to
and an adequate supply of direct-care workers, the executive office shall institute a payment
methodology change, in Medicaid fee-for-service and managed care, for FY 2022, that shall be
passed through directly to the direct-care workers’ wages who are employed by home nursing care
and home-care providers licensed by the Rhode Island department of health, as described below:
(1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per
fifteen (15) minutes for personal care and combined personal care/homemaker.
(i) Employers must pass on one hundred percent (100%) of the shift differential modifier
increase per fifteen-minute (15) unit of service to the CNAs who rendered such services. This
compensation shall be provided in addition to the rate of compensation that the employee was
receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not
less than the lowest compensation paid to an employee of similar functions and duties as of June
30, 2021, as the base compensation to which the increase is applied.
(ii) Employers must provide to EOHHS an annual compliance statement showing wages
as of June 30, 2021, amounts received from the increases outlined herein, and compliance with this
section by July 1, 2022. EOHHS may adopt any additional necessary regulations and processes to
oversee this subsection.
(2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of $0.39
per fifteen (15) minutes for personal care, combined personal care/homemaker, and homemaker
only for providers who have at least thirty percent (30%) of their direct-care workers (which
includes certified nursing assistants (CNA) and homemakers) certified in behavioral healthcare
training.
(i) Employers must pass on one hundred percent (100%) of the behavioral healthcare
enhancement per fifteen (15) minute unit of service rendered by only those CNAs and homemakers
who have completed the thirty (30) hour behavioral health certificate training program offered by
Rhode Island College, or a training program that is prospectively determined to be compliant per
EOHHS, to those CNAs and homemakers. This compensation shall be provided in addition to the
rate of compensation that the employee was receiving as of December 31, 2021. For an employee
hired after December 31, 2021, the agency shall use not less than the lowest compensation paid to
an employee of similar functions and duties as of December 31, 2021, as the base compensation to
which the increase is applied.
(ii) By January 1, 2023, employers must provide to EOHHS an annual compliance
statement showing wages as of December 31, 2021, amounts received from the increases outlined
herein, and compliance with this section, including which behavioral healthcare training programs
were utilized. EOHHS may adopt any additional necessary regulations and processes to oversee
this subsection.
(h) The executive office shall implement a long-term-care-options counseling program to
provide individuals, or their representatives, or both, with long-term-care consultations that shall
include, at a minimum, information about: long-term-care options, sources, and methods of both
public and private payment for long-term-care services and an assessment of an individual’s
functional capabilities and opportunities for maximizing independence. Each individual admitted
to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be
informed by the facility of the availability of the long-term-care-options counseling program and
shall be provided with long-term-care-options consultation if they so request. Each individual who
applies for Medicaid long-term-care services shall be provided with a long-term-care consultation.
(i) The executive office shall implement, no later than January 1, 2024, a statewide network
and rate methodology for conflict-free case management for individuals receiving Medicaid-funded
home and community-based services. The executive office shall coordinate implementation with
the state’s health and human services departments and divisions authorized to deliver Medicaid-
funded home and community-based service programs, including the department of behavioral
healthcare, developmental disabilities and hospitals; the department of human services; and the
office of healthy aging. It is in the best interest of the Rhode Islanders eligible to receive Medicaid
home and community-based services under this chapter, chapter 40.1, chapter 42 or any other
general laws to provide equitable access to conflict-free case management that shall include person-
centered planning, service arranging and quality monitoring in the amount, duration and scope
required by federal law and regulations. It is necessary to ensure that there is a robust network of
qualified conflict-free case management entities with the capacity to serve all participants on a
statewide basis and in a manner that promotes choice, self-reliance, and community integration.
The executive office, as the designated single state Medicaid authority and agency responsible for
coordinating policy and planning for health and human services under § 42-7.2 et seq., is directed
to establish a statewide conflict-free case management network under the management of the
executive office and to seek any Medicaid waivers, state plan amendments and changes in rules,
regulations and procedures that may be necessary to ensure that recipients of Medicaid home and
community-based services have access to conflict-free case management in a timely manner and in
accordance with the federal requirements that must be met to preserve financial participation.
(i)(j) The executive office is also authorized, subject to availability of appropriation of
funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary
to transition or divert beneficiaries from institutional or restrictive settings and optimize their health
and safety when receiving care in a home or the community. The secretary is authorized to obtain
any state plan or waiver authorities required to maximize the federal funds available to support
expanded access to home- and community-transition and stabilization services; provided, however,
payments shall not exceed an annual or per-person amount.
(j)(k) To ensure persons with long-term-care needs who remain living at home have
adequate resources to deal with housing maintenance and unanticipated housing-related costs, the
secretary is authorized to develop higher resource eligibility limits for persons or obtain any state
plan or waiver authorities necessary to change the financial eligibility criteria for long-term services
and supports to enable beneficiaries receiving home and community waiver services to have the
resources to continue living in their own homes or rental units or other home-based settings.
(k)(l) The executive office shall implement, no later than January 1, 2016, the following
home- and community-based service and payment reforms:
21 (1) [Deleted by P.L. 2021, ch. 162, art. 12, § 6.]
(2) Adult day services level of need criteria and acuity-based, tiered-payment
methodology; and
(3) Payment reforms that encourage home- and community-based providers to provide the
specialized services and accommodations beneficiaries need to avoid or delay institutional care.
(l)(m) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan
amendments and take any administrative actions necessary to ensure timely adoption of any new
or amended rules, regulations, policies, or procedures and any system enhancements or changes,
for which appropriations have been authorized, that are necessary to facilitate implementation of
the requirements of this section by the dates established. The secretary shall reserve the discretion
to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with
the governor, to meet the legislative directives established herein.
SECTION 8. Section 40.1-8.5-8 of the General Laws in Chapter 40 entitled "General
Provisions" is hereby amended to read as follows:
(a) The executive office of health and human services is authorized and directed to submit
to the Secretary of the United States Department of Health and Human Services a state plan
amendment for the purposes of establishing Certified Community Behavioral Health Clinics in
accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014.
(b) The executive office of health and human services shall amend its Title XIX state plan
pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C § 1397 et seq.] of the
Social Security Act as necessary to cover all required services for persons with mental health and
substance use disorders at a certified community behavioral health clinic through a daily or monthly
bundled payment methodology that is specific to each organization’s anticipated costs and inclusive
of all required services within Section 223 of the federal Protecting Access to Medicare Act of
2014. Such certified community behavioral health clinics shall adhere to the federal model,
including payment structures and rates.
(c) A certified community behavioral health clinic means any licensed behavioral health
organization that meets the federal certification criteria of Section 223 of the Protecting Access to
Medicare Act of 2014. The department of behavioral healthcare, developmental disabilities and
hospitals shall define additional criteria to certify the clinics including, but not limited to the
provision of, these services:
(1) Outpatient mental health and substance use services;
(2) Twenty-four (24) hour mobile crisis response and hotline services;
(3) Screening, assessment, and diagnosis, including risk assessments;
(4) Person-centered treatment planning;
(5) Primary care screening and monitoring of key indicators of health risks;
(6) Targeted case management;
(7) Psychiatric rehabilitation services;
(8) Peer support and family supports;
(9) Medication-assisted treatment;
(10) Assertive community treatment; and
(11) Community-based mental health care for military service members and veterans.
(d) Subject to the approval from the United States Department of Health and Human
Services’ Centers for Medicare and Medicaid Services, the certified community behavioral health
clinic model pursuant to this chapter, shall be established by July 1, 2023 February 1, 2024, and
include any enhanced Medicaid match for required services or populations served.
(e) By August 1, 2022, the executive office of health and human services will issue the
appropriate purchasing process and vehicle for organizations who want to participate in the
Certified Community Behavioral Health Clinic model program.
(f) By December 1, 2022, the The organizations will submit a detailed cost report
developed by the department of behavioral healthcare, developmental disabilities and hospitals
with approval from the executive office of health and human services, that includes the cost for the
organization to provide the required services.
(g) By January 15, 2023, the The department of behavioral healthcare, developmental
disabilities and hospitals, in coordination with the executive office of health and human services,
will prepare an analysis of proposals, determine how many behavioral health clinics can be certified
in FY 2024 and the costs for each one. Funding for the Certified Behavioral Health Clinics will be
included in the FY 2024 budget recommended by the Governor.
(h) The executive office of health and human services shall apply for the federal Certified
Community Behavioral Health Clinics Demonstration Program if another round of funding
becomes available.
SECTION 9. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled "Office of
Health and Human Services" is hereby amended to read as follows:
The secretary shall be subject to the direction and supervision of the governor for the
oversight, coordination, and cohesive direction of state-administered health and human services
and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this
capacity, the secretary of the executive office of health and human services (EOHHS) shall be
authorized to:
(1) Coordinate the administration and financing of healthcare benefits, human services, and
programs including those authorized by the state’s Medicaid section 1115 demonstration waiver
and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act.
However, nothing in this section shall be construed as transferring to the secretary the powers,
duties, or functions conferred upon the departments by Rhode Island public and general laws for
the administration of federal/state programs financed in whole or in part with Medicaid funds or
the administrative responsibility for the preparation and submission of any state plans, state plan
amendments, or authorized federal waiver applications, once approved by the secretary.
(2) Serve as the governor’s chief advisor and liaison to federal policymakers on Medicaid
reform issues as well as the principal point of contact in the state on any such related matters.
(3)(i) Review and ensure the coordination of the state’s Medicaid section 1115
demonstration waiver requests and renewals as well as any initiatives and proposals requiring
amendments to the Medicaid state plan or formal amendment changes, as described in the special
terms and conditions of the state’s Medicaid section 1115 demonstration waiver with the potential
to affect the scope, amount or duration of publicly funded healthcare services, provider payments
or reimbursements, or access to or the availability of benefits and services as provided by Rhode
Island general and public laws. The secretary shall consider whether any such changes are legally
and fiscally sound and consistent with the state’s policy and budget priorities. The secretary shall
also assess whether a proposed change is capable of obtaining the necessary approvals from federal
officials and achieving the expected positive consumer outcomes. Department directors shall,
within the timelines specified, provide any information and resources the secretary deems necessary
in order to perform the reviews authorized in this section.
(ii) Direct the development and implementation of any Medicaid policies, procedures, or
systems that may be required to assure successful operation of the state’s health and human services
integrated eligibility system and coordination with HealthSource RI, the state’s health insurance
marketplace.
(iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the
Medicaid eligibility criteria for one or more of the populations covered under the state plan or a
waiver to ensure consistency with federal and state laws and policies, coordinate and align systems,
and identify areas for improving quality assurance, fair and equitable access to services, and
opportunities for additional financial participation.
(iv) Implement service organization and delivery reforms that facilitate service integration,
increase value, and improve quality and health outcomes.
(4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house
and senate finance committees, the caseload estimating conference, and to the joint legislative
committee for health-care oversight, by no later than September 15 of each year, a comprehensive
overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The
overview shall include, but not be limited to, the following information:
(i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;
(ii) Expenditures, outcomes and utilization rates by population and sub-population served
(e.g., families with children, persons with disabilities, children in foster care, children receiving
adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);
(iii) Expenditures, outcomes and utilization rates by each state department or other
municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social
Security Act, as amended;
(iv) Expenditures, outcomes and utilization rates by type of service and/or service provider;
and
(v) Expenditures by mandatory population receiving mandatory services and, reported
separately, optional services, as well as optional populations receiving mandatory services and,
reported separately, optional services for each state agency receiving Title XIX and XXI funds; and
(vi) Information submitted to the Centers for Medicare and Medicaid Services for the
mandatory annual state reporting of the Core Set of Children's Health Care Quality Measures for
Medicaid and Children's Health Insurance Program, behavioral health measures on the Core Set of
Adult Health Care Quality Measures for Medicaid and the Core Sets of Health Home Quality
Measures for Medicaid to ensure compliance with the Bipartisan Budget Act of 2018, Public Law
115-123.
The directors of the departments, as well as local governments and school departments,
shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever
resources, information and support shall be necessary.
(5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among
departments and their executive staffs and make necessary recommendations to the governor.
(6) Ensure continued progress toward improving the quality, the economy, the
accountability and the efficiency of state-administered health and human services. In this capacity,
the secretary shall:
(i) Direct implementation of reforms in the human resources practices of the executive
office and the departments that streamline and upgrade services, achieve greater economies of scale
and establish the coordinated system of the staff education, cross-training, and career development
services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human
services workforce;
(ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery
that expand their capacity to respond efficiently and responsibly to the diverse and changing needs
of the people and communities they serve;
(iii) Develop all opportunities to maximize resources by leveraging the state’s purchasing
power, centralizing fiscal service functions related to budget, finance, and procurement,
centralizing communication, policy analysis and planning, and information systems and data
management, pursuing alternative funding sources through grants, awards and partnerships and
securing all available federal financial participation for programs and services provided EOHHS-
wide;
(iv) Improve the coordination and efficiency of health and human services legal functions
by centralizing adjudicative and legal services and overseeing their timely and judicious
administration;
(v) Facilitate the rebalancing of the long term system by creating an assessment and
coordination organization or unit for the expressed purpose of developing and implementing
procedures EOHHS-wide that ensure that the appropriate publicly funded health services are
provided at the right time and in the most appropriate and least restrictive setting;
(vi) Strengthen health and human services program integrity, quality control and
collections, and recovery activities by consolidating functions within the office in a single unit that
ensures all affected parties pay their fair share of the cost of services and are aware of alternative
financing;
(vii) Assure protective services are available to vulnerable elders and adults with
developmental and other disabilities by reorganizing existing services, establishing new services
where gaps exist and centralizing administrative responsibility for oversight of all related initiatives
and programs.
(7) Prepare and integrate comprehensive budgets for the health and human services
departments and any other functions and duties assigned to the office. The budgets shall be
submitted to the state budget office by the secretary, for consideration by the governor, on behalf
of the state’s health and human services agencies in accordance with the provisions set forth in §
35-3-4.
(8) Utilize objective data to evaluate health and human services policy goals, resource use
and outcome evaluation and to perform short and long-term policy planning and development.
(9) Establishment of an integrated approach to interdepartmental information and data
management that complements and furthers the goals of the unified health infrastructure project
initiative and that will facilitate the transition to a consumer-centered integrated system of state
administered health and human services.
(10) At the direction of the governor or the general assembly, conduct independent reviews
of state-administered health and human services programs, policies and related agency actions and
activities and assist the department directors in identifying strategies to address any issues or areas
of concern that may emerge thereof. The department directors shall provide any information and
assistance deemed necessary by the secretary when undertaking such independent reviews.
(11) Provide regular and timely reports to the governor and make recommendations with
respect to the state’s health and human services agenda.
(12) Employ such personnel and contract for such consulting services as may be required
to perform the powers and duties lawfully conferred upon the secretary.
(13) Assume responsibility for complying with the provisions of any general or public law
or regulation related to the disclosure, confidentiality and privacy of any information or records, in
the possession or under the control of the executive office or the departments assigned to the
executive office, that may be developed or acquired or transferred at the direction of the governor
or the secretary for purposes directly connected with the secretary’s duties set forth herein.
(14) Hold the director of each health and human services department accountable for their
administrative, fiscal and program actions in the conduct of the respective powers and duties of
their agencies.
(15) Identify opportunities for inclusion with the EOHHS' October 1, 2023 budget
submission, to remove fixed eligibility thresholds for programs under its purview by establishing
sliding scale decreases in benefits commensurate with income increases up to four hundred fifty
percent (450%) of the federal poverty level. These shall include but not be limited to medical
assistance, child care assistance, and food assistance.
SECTION 10. Rhode Island Medicaid Reform Act of 2008 Resolution.
WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
Island Medicaid Reform Act of 2008”; and
WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws
17 42-12.4-1, et seq.; and
WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the Secretary
of the Executive Office of Health and Human Services (“Executive Office”) is responsible for the
review and coordination of any Medicaid section 1115 demonstration waiver requests and renewals
as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category
II or III changes as described in the demonstration, “with potential to affect the scope, amount, or
duration of publicly-funded health care services, provider payments or reimbursements, or access
to or the availability of benefits and services provided by Rhode Island general and public laws”;
and
WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
fiscally sound and sustainable, the Secretary requests legislative approval of the following
proposals to amend the demonstration; and
WHEREAS, implementation of adjustments may require amendments to the Rhode
Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the
demonstration. Further, adoption of new or amended rules, regulations and procedures may also be
required
(a) Cedar Rate Increase. The Secretary of the Executive Office is authorized to pursue and
implement any waiver amendments, state plan amendments, and/or changes to the applicable
department’s rules, regulations and procedures required to implement an increase to existing fee-
for-service and managed care rates and an updated code structure for the Cedar Family Centers.
(b) Hospital State Directed Managed Care Payment. The Secretary of the Executive Office
is hereby authorized and directed to amend its regulations for reimbursement to Medicaid Managed
Care Organizations (MMCO) and authorized to direct MMCO’s to make quarterly state directed
payments to hospitals for inpatient and outpatient services in accordance with the payment
methodology contained in the approved CMS preprint for hospital state directed payments.
(c) Hospital Licensing Fee. The Secretary of the Executive Office is authorized to pursue
and implement any waiver amendments, state plan amendments, and/or changes to the applicable
department’s rules, regulations and procedures required to implement a hospital licensing rate,
including but not limited to, a three-tiered hospital licensing rate for non-government owned
hospitals and one rate for government-owned and operated hospitals.
(d) Permanent Appendix K Authority for Parents and Other Relatives to Provide Day and
Community- Based Services Through Self-Directed HCBS Programs. The Secretary of the
Executive Office is authorized to pursue and implement any waiver amendments, state plan
amendments, and/or changes to the applicable department's rules, regulations and procedures
required to implement permanent current 1115 Global Waiver Appendix K Authority to allow
parents and other relatives of adult members with disabilities to be reimbursed for day and
community-based services provided to adults with disabilities who participate in Self-Directed
Home and Community-Based Services Programs. The Department of Behavioral Healthcare,
Developmental Disabilities and Hospitals will include the necessary information for the expenses
and number of participants in the monthly reported required under § 35-17-1.
(e) Authority for Personal Care Attendant Service Delivery to HCBS Recipients in Acute
Care Settings. The Secretary of the Executive Office is authorized to pursue and implement any
waiver amendments, state plan amendments, and/or changes to the applicable department's rules,
regulations and procedures required to allow Medicaid reimbursement of direct support
professionals to assist Medicaid Long-Term Services and Supports Home and Community-Based
Services beneficiaries while such individuals are receiving care in hospital acute care settings.
Approval of the waiver does not create an obligation for any hospital to staff home and community-
based service providers and those providers may not interfere with hospital clinical activities or
engage in activities beyond the scope of the services prior to hospitalization.
Now, therefore, be it
RESOLVED, that the General Assembly hereby approves the proposals stated above in the
recitals; and be it further
RESOLVED, that the Secretary of the Executive Office of Health and Human Services is
authorized to pursue and implement any waiver amendments, state plan amendment, and/or
changes to the applicable department’s rules, regulations and procedures approved herein and as
authorized by 42-12.4; and be it further;
RESOLVED, that this Joint Resolution shall take effect on July 1, 2023.
SECTION 11. This article shall take effect upon passage, except for Section 10 which shall
take effect as of July 1, 2023.
=======
art.010/2
=======
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2023
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
this act, the following general revenue amounts are hereby appropriated out of any money in the
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2023.
The amounts identified for federal funds and restricted receipts shall be made available pursuant to
section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes
and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw
his or her orders upon the general treasurer for the payment of such sums or such portions thereof
as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
Administration
Central Management
13 General Revenues 4,896,389 302,285 5,198,674
Provided that $2,000,000 shall be allocated to support a state workforce compensation and
classification study, of which all unexpended or unencumbered balances, at the end of the fiscal
year, shall be reappropriated to the ensuing fiscal year and made immediately available for the same
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
electronic medical records system for the state hospitals, $19.4 million for the replacement and
modernization of the legacy department of labor and training mainframe system, $6.7 million for
RIBridges Mobile and Childcare Tracking, $2.5 million for Blockchain Digital Identity, $2.2
million to support implementation of the Enterprise Resource Planning System, $5.8 million for
the department of environmental management’s online permit and licensing systems for fish and
wildlife, commercial fishing, and boating registrations, $3.3 million for Wi-Fi and Technology at
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 |
Provided that this amount be allocated to City Year for the Whole School Whole Child
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 |
authorized to make payments for the I-195 Redevelopment District Commission loan up to the
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 |
Provided that all unexpended or unencumbered balances as of June 30, 2023, relating to
the Federal Emergency Management Agency Contingency Reserve are hereby reappropriated to
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 |
Provided that $1,500,000 is used to conduct a comprehensive analysis of all state licensed
and contracted social and human service providers, to include review of rates, eligibility, utilization,
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 |
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022
at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation
shall make an impact payment to the towns or cities in which the airport is located based on this
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 |
Provided that $5,500,000 shall be allocated to the Rhode Island Infrastructure Bank for the
creation of a Municipal Matching Grant Pool for cities and towns that apply for federal
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 |
Provided that $600,000 of these funds shall be used for enhanced training for direct care
and support services staff to improve resident quality of care and address the changing health care
needs of nursing facility residents due to higher acuity and increased cognitive impairments
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 |
Provided that all unexpended or unencumbered balances as of June 30, 2023 relating to
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 |
Provided that $125,000 be allocated to support the Rhode Island Historical Society
pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
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 |
| 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 |
Provided that $250,000 $30,000 shall be for the children’s cabinet, established under
Rhode Island General Law, Chapter 42-72.5, to assist with the planning for an early childhood
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 |
Of the general revenue funding, $2.5 million shall be provided for Graduate Medical
Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,
$1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million
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 |
The director of the department of children, youth and families shall provide to the speaker
of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,
a report on its progress implementing the accreditation plan filed in accordance with Rhode Island
General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The
report shall, at minimum, provide data regarding recruitment and retention efforts including
attaining and maintaining a diverse workforce, documentation of newly filled and vacated
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 |
Provided that up to $2,000,000 of unexpended funding shall be available for vehicles in
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 |
Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
in this line item that are derived from grants authorized under The Coronavirus Preparedness and
Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the
Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021
(P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management
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 |
Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide
direct services through the Coalition Against Domestic Violence, $350,000 to support Project
Reach activities provided by the RI Alliance of Boys and Girls Clubs, $267,000 is for outreach and
supportive services through Day One, $450,000 is for food collection and distribution through the
Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads
Rhode Island, $600,000 for the Community Action Fund, $250,000 is for the Institute for the Study
and Practice of Nonviolence’s Reduction Strategy, $50,000 is to support services provided to the
immigrant and refugee population through Higher Ground International, and $50,000 is for services
provided to refugees through the Refugee Dream Center. An additional $750,000 is for enhanced
support to the RI Alliance of Boys and Girls Clubs to assist students with academic, mental health,
and workforce readiness needs, and $1,400,000 is for the Community Action Fund for support to
individuals and families affected by the pandemic.
The director of the department of human services shall provide to the speaker of the house,
president of the senate, and chairs of the house and senate finance committees at least every sixty
(60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer
serving staff. The report shall include: documentation of newly filled and vacated positions,
including lateral transfers, position titles, civil service information, including numbers of eligible
and available candidates, plans for future testing and numbers of eligible and available candidates
resulting from such testing, impacts on caseload backlogs and call center wait times, as well as
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 |
Of this appropriation, $90,000 shall be used for hardship contingency payments.
Retail SNAP Incentives Pilot Program 11,500,000 (10,000,000) 1,500,000
All unexpended or unencumbered balances, at the end of the fiscal year, shall be
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 |
Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term
Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for
housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and
$1,000,000 is for Senior Services Support and $580,000 is for elderly nutrition, of which $530,000
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 |
Intermodal Surface Transportation
Fund 4,593,213 (323,663) 4,269,550
Total - Office of Healthy Aging 39,026,770 (747,154) 38,279,616
Grand Total - Human Services 902,135,264 45,890,588 948,025,852
Behavioral Healthcare, Developmental Disabilities and Hospitals
Central Management
7 General Revenues 4,900,015 (1,985,248) 2,914,767
8 Federal Funds 609,732 80,884 690,616
Total - Central Management 5,509,747 (1,904,364) 3,605,383
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
Total - Hospital and Community System
Support 3,849,621 (1,549,881) 2,299,740
Services for the Developmentally Disabled
17 General Revenues 173,368,833 (20,738,738) 152,630,095
Provided that of this general revenue funding, $15,170,870 $13,826,656 shall be expended
on certain community-based department of behavioral healthcare, developmental disabilities and
hospitals (BHDDH) developmental disability private provider and self-directed consumer direct
care service worker raises and associated payroll cost costs as authorized by BHDDH. Any
increases increase for direct support staff and residential or other community-based setting must
first receive the approval of BHDDH.
Provided further that of this general revenue funding, $4,748,600 $4,469,600 shall be
expended on a Transformation Fund to be used for I/DD integrated day activities and supported
employment services for individuals with intellectual and developmental disabilities, of which a
total of $2,000,000 shall be expended specifically on those who self-direct for creation of regional
service advisement models and pool of substitute staff. An additional $458,100 $779,493 shall be
expended on technology acquisition for individuals within the developmental disabilities system
Developmental Disabilities System. An additional $42,100 shall be expended on technical
assistance for the aforementioned technology acquisition. An additional $450,000 shall be
expended on creating a statewide workforce initiative focused on recruiting, creating pipelines, and
credentialing. For these two designations of general revenue funding, all unexpended or
unencumbered balances at the end of the fiscal year shall be reappropriated to the ensuing fiscal
year and made immediately available for the same purpose.
2 Federal Funds 208,693,092 13,436,726 222,129,818
Provided that of this federal funding, $19,105,835 $19,765,802 shall be expended on
certain community-based department of behavioral healthcare, developmental disabilities and
hospitals (BHDDH) developmental disability private provider and self-directed consumer direct
care service worker raises and associated payroll cost costs as authorized by BHDDH. Any
increases increase for direct support staff and residential or other community-based setting must
first receive the approval of BHDDH.
Provided further that of this federal funding, $4,748,600 $3,530,400 shall be expended on
a Transformation Fund to be used for I/DD integrated day activities and supported employment
services for individuals with intellectual and developmental disabilities, of which $2,000,000 shall
be expended specifically on those who self-direct for creation of regional service advisement
models and pool of substitute staff. An additional $458,100 $1,114,319 shall be expended on
technology acquisition for individuals within the developmental disabilities system Developmental
Disabilities System. An additional $42,100 shall be expended on technical assistance for the
aforementioned technology acquisition. An additional $450,000 shall be expended on creating a
statewide workforce initiative focused on recruiting, creating pipelines, and credentialing. For these
two designations of federal funding, all unexpended or unencumbered balances at the end of the
fiscal year shall be reappropriated to the ensuing fiscal year and made immediately available for
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 |
Provided that $250,000 from Social Services Block Grant funds is awarded to The
Providence Center to coordinate with Oasis Wellness and Recovery for its support and services
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
Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the
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 |
The Department of Administration shall hold a public hearing, in accordance with Rhode
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 |
to the Office’s unclassified service classification
appropriation provided.
Livable Home Modification
Grant Program 985,743 118,372 1,104,115
Provided that this will be used for home modification and accessibility enhancements to
construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
This will be in consultation with the Executive Office of Health and Human Services. All
unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the
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 |
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
support child opportunity zones through agreements with the Department of Elementary and
Secondary Education to strengthen education, health and social services for students and their
families as a strategy to accelerate student achievement.
Federal Funds
Federal Funds 291,417,789 44,373,422 335,791,211
Provided that $684,000 from the Department’s administrative share of Individuals with
Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to
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 |
prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
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 |
Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to
the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode
Island to support its programs for children with developmental and intellectual disabilities, and
$200,000 shall be allocated to the Rhode Island School for Progressive Education to support access
to higher education opportunities for teachers of color. It is also provided that $7,900,543
$6,567,542 shall be allocated to the Rhode Island Promise Scholarship program and $147,000 shall
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 |
Provided that in order to leverage federal funding and support economic development,
$700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated
to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special
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 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2023 relating to the University of Rhode Island are hereby
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 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2023 relating to the Community College of Rhode Island
are hereby reappropriated to fiscal year 2024.
Grand Total - Public Higher Education 1,317,956,820 (7,806,697) 1,310,150,123
RI State Council on the Arts
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. |
The director of the department of corrections shall provide to the speaker of the house and
president of the senate at least every ninety (90) days beginning September 1, 2022, a report on
efforts to modernize the correctional industries program. The report shall, at minimum, provide
data on the past ninety (90) days regarding program participation, changes made in programming
to more closely align with industry needs, new or terminated partnerships with employers,
nonprofits, and advocacy groups, current program expenses and revenues, and the employment
status of all persons on the day of discharge from department care who participated in the
correctional industries program.
29 Federal Funds | 625,118 | 224,752 | 849,870 |
30 Restricted Receipts | 64,600 | 0 | 64,600 |
| 12,462,815 | 873,744 | 13,336,559 |
| 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 |
Provided however, that no more than $1,302,057 in combined total shall be offset to the
Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
Department of Children, Youth and Families, and the Department of Public Safety for square-
footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
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
Provided that $15,000,000 $1,500,000 shall be allocated as the state contribution for the
Statewide Body-worn Camera Program, subject to all program and reporting rules, regulations,
policies, and guidelines prescribed in the Rhode Island General Laws. No money appropriated shall
be distributed for Rhode Island police department body-worn camera expenses prior to the
promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the
general laws, all unexpended or unencumbered balances as of June 30, 2023, from this
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 |
Of this general revenue amount, $50,000 is appropriated to the Conservation Districts and
$100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a
veterinarian at the Wildlife Clinic of Rhode Island. Provided further that of this general revenue
amount, $28,500,000 is to be used to support the state match for the Clean Water State Revolving
Fund and Drinking Water State Revolving Fund through the Rhode Island Infrastructure Bank and
that the Infrastructure Bank provide acceptable documentation to the Office of Management and
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 |
Of this amount, $75,000 is appropriated for the Rhode Island Public Transit Authority to
study current operations and paratransit bus services and to design of a statewide program that
addresses the transportation needs of seniors and individuals whose disability prevents independent
use of the fixed route system and who do not fall within the three quarter of a mile of a fixed route
as required by ADA paratransit services. This study must include input from riders with disabilities,
seniors, and the Human Services Transportation Coordinating Council, as established in 39-18.1-
5(e). On or before January 1, 2023, the Rhode Island Public Transit Authority must submit a report
to the speaker of the house and the president of the senate summarizing the study and design of a
statewide program, including cost estimates for the implementation and ongoing service that
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
Statewide Grand Total 13,602,454,626 252,145,179 13,854,599,805
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
appropriation.
SECTION 3. The general assembly authorizes the state controller to establish the internal
service accounts shown below, and no other, to finance and account for the operations of state
agencies that provide services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
a businesslike manner, promote efficient use of services by making agencies pay the full costs
associated with providing the services, and allocate the costs of central administrative services
across all fund types, so that federal and other non-general fund programs share in the costs of
general government support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the following
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 |
SECTION 4. Departments and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
not include limited period positions or, seasonal or intermittent positions whose scheduled period
of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
do they include individuals engaged in training, the completion of which is a prerequisite of
employment. Provided, however, that the Governor or designee, Speaker of the House of
Representatives or designee, and the President of the Senate or designee may authorize an
adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
detailed written recommendation to the Governor, the Speaker of the House, and the President of
the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,
and the Senate Fiscal Advisor.
State employees whose funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with the term limited to the availability of non-state
general revenue funding source.
FY 2023 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 662.7
Provided that no more than 429.5 of the total authorization would be limited to positions
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 |
Commission for Human Rights 15.0
Public Utilities Commission 54.0
Office of Health and Human Services 204.0
Children, Youth and Families 702.5
Health 535.4 543.4
Human Services 773.0
Office of Veterans Services 263.0
Office of Healthy Aging 31.0
Behavioral Healthcare, Developmental Disabilities and Hospitals 1,200.4
Office of the Child Advocate 10.0
Commission on the Deaf and Hard of Hearing 4.0
Governor’s Commission on Disabilities 5.0
Office of the Mental Health Advocate 6.0
Elementary and Secondary Education 143.1
School for the Deaf 60.0
Davies Career and Technical School 123.0
Office of Postsecondary Commissioner 34.0
Provided that 1.0 of the total authorization would be available only for positions that are
supported by third-party funds, 11.0 would be available only for positions at the State’s Higher
Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for
positions at the Nursing Education Center.
University of Rhode Island 2,555.0
Provided that 357.8 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island College 949.2
Provided that 76.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Community College of Rhode Island 849.1
Provided that 89.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island State Council on the Arts 9.6
RI Atomic Energy Commission 8.6
Historical Preservation and Heritage Commission 15.6
Office of the Attorney General 249.1
Corrections 1,427.0
Judicial 739.3
Military Staff 93.0
Emergency Management Agency 35.0
Public Safety 632.2
Office of the Public Defender 100.0
Environmental Management 417.0
Coastal Resources Management Council 32.0
Transportation 755.0
Total 15,455.5 15,463.5
No agency or department may employ contracted employee services where contract
employees would work under state employee supervisors without determination of need by the
Director of Administration acting upon positive recommendations by the Budget Officer and the
Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state
employees at that time without determination of need by the Director of Administration acting upon
the positive recommendations of the State Budget Officer and the Personnel Administrator and 30
days after a public hearing.
SECTION 5. The appropriations from federal funds contained in Section 1 shall not be
construed to mean any federal funds or assistance appropriated, authorized, allocated or
apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects
Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2023
except for those instances specifically designated.
The following amounts are hereby appropriated out of any money available in the State
Fiscal Recovery Fund and Capital Projects Fund for the fiscal years ending June 30, 2024, June 30,
2025, June 30, 2026, and June 30, 2027.
For the purposes and functions hereinafter mentioned, the State Controller is hereby
authorized and directed to draw his or her orders upon the General Treasurer for payment of such
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 |
The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be
made in support of the following projects:
Federal Funds - State Fiscal Recovery Fund
Department of Administration (DOA)
DOA - Aid to the Convention Center. These funds shall provide operating support to the
Rhode Island convention center authority.
DOA - Electric Heat Pump Grant Program. These funds shall support a grant program
within the office of energy resources to assist homeowners and small-to-mid-size business owners
with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on
families in environmental justice communities, minority-owned businesses, and community
organizations who otherwise cannot afford this technology. The office of energy resources shall
report to the Speaker of the House and Senate President no later than April 1 of each year the results
of this program, including but not limited to, the number of grants issued, amount of each grant and
the average grant amount, and the expected cumulative carbon emissions reductions associated
with heat pumps that received a grant.
DOA - Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic
Recovery Office established within the Department of Administration.
DOA - Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-
19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,
to be administered by the director of administration, in consultation with the director of health and
the secretary of health and human services.
DOA - Health Care Facilities. These funds shall address the ongoing staffing needs of
hospitals, nursing facilities and community health centers related to the COVID-19 public health
emergency totaling $77.5 million. This includes $45.0 million that shall be allocated to hospitals,
or systems if hospitals are members of one, to include a base payment equivalent to $1.0 million
per hospital with the remaining based on a hospital’s pro rata share of operating expenses from the
2021 cost reports and $30.0 million for distribution to nursing facilities based on the number of
Medicaid beds days from the 2020 facility cost reports, provided at least 80 percent is dedicated to
direct care workers. There is $2.5 million to be distributed to the community health centers through
the Rhode Island Health Center Association to support direct care staffing needs.
DOA - Public Health Response Warehouse Support. These funds shall be allocated to the
proper of PPE and other necessary COVID-19 response related supplies.
DOA - Nonprofit Assistance. These funds shall be allocated to the Rhode Island
Foundation to distribute to nonprofit organizations to address needs that have been exacerbated by
COVID-19, including housing and food insecurity, and behavioral health issues, among others.
DOA - Auto-Enrollment Program. These funds shall support a program for automatically
enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19
public health emergency into qualified health plans to avoid gaps in coverage, administered by
HealthSource RI.
Department of Labor and Training (DLT)
DLT - Unemployment Insurance Trust Fund Contribution. The director of labor and
training shall allocate these appropriations to the employment security fund prior to determining
the experience rate for each eligible employer for calendar year 2023.
DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program
in the development of job partnerships, connecting industry employers adversely impacted by the
pandemic to individuals enrolled in workforce training programs.
Executive Office of Commerce (EOC)
EOC - Destination Marketing. These funds shall be used for destination tourism marketing
in support of airline routes to Rhode Island T.F. Green International Airport. The Commerce
Corporation is required to supply equivalent matching funds out of its portion of the state hotel tax.
EOC - Statewide Broadband Planning and Mapping. These funds shall be allocated to
develop a statewide broadband strategic plan to provide broadband access to unserved and
underserved households and businesses, to support a state broadband director at the Commerce
Corporation, and to conduct mapping in support of future state broadband investment.
EOC - Minority Business Accelerator. These funds shall support a program to invest
additional resources to enhance the growth of minority business enterprises as defined in chapter
14.1 of title 37. The initiative will support a range of assistance and programming, including
financial and technical assistance, entrepreneurship training, space for programming and co-
working, and assistance accessing low-interest loans. Commerce shall work with minority small
business associations, including the Rhode Island Black Business Association (RIBBA), to advance
this program. Of the amount allocated for FY 2023, five hundred thousand dollars ($500,000) shall
support the Rhode Island Black Business Association and three hundred thousand dollars
($300,000) shall support the Roger Williams University Business Start-Up Clinic.
EOC - Blue Economy Investments. These funds shall support a program to invest in the
state’s blue economy industries consistent with the University of Rhode Island Research
Foundation’s Blue Economy Technology Cluster grant application. These funds shall only be
allocated and spent after a commitment of at least thirty five million dollars ($35,000,000) in federal
matching funds is secured from the economic development administration for Rhode Island. Funds
shall be used for purposes and amounts specified in the grant approval.
EOC - Bioscience Investments. These funds shall support a program to invest in the state’s
life science industries consistent with Northeastern University’s BioConnects New England grant
application. These funds shall only be allocated and spent after a commitment of at least fifteen
million dollars ($15,000,000) in federal matching funds is secured from the economic development
administration for Rhode Island. Funds shall be used for purposes and amounts specified in the
grant approval.
EOC - South Quay Marine Terminal. These funds shall support the development of an
integrated and centralized hub of intermodal shipping designed to support the offshore wind
industry along memorial parkway in the East Providence waterfront special development district.
Funds may be used for design and development of the waterfront portion of the terminal into a
marine-industrial facility.
EOC - Small Business Assistance. These funds shall be allocated to a program of financial
and technical assistance to small businesses and COVID-impacted industries as follows: twelve
million five hundred thousand dollars ($12,500,000) shall be provided as direct payments to
businesses for lost revenue, eighteen million dollars ($18,000,000) shall support technical
assistance for long-term business capacity building, support public health upgrades, energy
efficiency improvements, and outdoor programming, and one million five hundred thousand dollars
($1,500,000) shall be allocated to support administration of these programs. To be eligible to
receive funds or support under this program a business must have less than two million dollars
($2,000,000) in annual gross revenues and demonstrate a negative impact from the COVID-19
pandemic as determined by the Rhode Island Commerce Corporation. Under this program, total
support in the form of direct payments or technical assistance grants shall not exceed ten thousand
dollars ($10,000) per eligible business through either program. Total support in the form of direct
payments, technical assistance, and grants for public health upgrades, energy efficiency and
outdoor programming shall not exceed thirty thousand dollars ($30,000) in the aggregate. Provided
further that at least twenty percent (20%) of all funds must be reserved for awards to assist minority
business enterprises as defined in chapter 14.1 of title 37.
EOC - Assistance to Impacted Industries. These funds shall be allocated to a program of
assistance to the tourism, hospitality, and events industries as follows: eight million dollars
($8,000,000) shall be provided as direct payments to businesses for lost revenue, three million
dollars ($3,000,000) shall support outdoor and public space capital improvements and event
programming, and two million dollars ($2,000,000) shall support tourism marketing in
coordination with state tourism regions and the Airport Corporation. A business is eligible to
receive funds or support under this program if it can demonstrate a negative impact from the
COVID-19 pandemic as determined by the Rhode Island Commerce Corporation.
Rhode Island Housing (RIH)
RIH - Development of Affordable Housing. These funds shall expand a program at the
Rhode Island housing and mortgage finance corporation to provide additional investments in the
development of affordable housing units in conjunction with general obligation bond funds and
other sources of available financing according to guidelines approved by the Coordinating
Committee of the Housing Resources Commission. Of this amount, ten million ($10,000,000) shall
be available to Rhode Island housing and mortgage finance corporation to establish a pilot program,
which may take the form include the establishment of a revolving fund, that shall direct funds to
support low income public housing through project-based rental assistance vouchers and financing
for pre-development, improvement, and housing production costs. Within eighteen (18) months,
any money available for the pilot that is not yet allocated to viable projects, or which has been
awarded to public housing authorities which are unable to demonstrate substantial completion of
all work within eighteen (18) months of receipt of any such funds, shall be returned to this program
and no longer be included in the pilot. Determination of viability and substantial completion under
the pilot shall be at the sole discretion of the deputy secretary of commerce for housing secretary
of housing.
RIH - Site Acquisition. These funds shall be allocated to the Rhode Island housing and
mortgage finance corporation toward the acquisition of properties for redevelopment as affordable
and supportive housing to finance projects that include requirements for deed restrictions not less
than thirty (30) years, and a non-recourse structure.
RIH - Down Payment Assistance. Administered by the Rhode Island housing and mortgage
finance corporation, these funds shall be allocated to a program to provide $17,500 up to $20,000
in down payment assistance to eligible first-time home buyers to promote homeownership.
RIH - Workforce Housing. These funds shall be allocated to the Rhode Island housing and
mortgage finance corporation to support a program to increase the housing supply for families
earning up to 120 percent of area median income.
RIH - Affordable Housing Predevelopment Program. These funds shall be allocated to the
Rhode Island housing mortgage finance corporation to support predevelopment work, for proposed
affordable housing developments to build a pipeline of new projects and build the capacity of
affordable housing developers in the state to expand affordable housing production.
RIH - Home Repair and Community Revitalization. These funds shall expand the
acquisition and revitalization program administered by the Rhode Island housing and mortgage
finance corporation to finance the acquisition and redevelopment of blighted properties to increase
the number of commercial and community spaces in disproportionately impacted communities and
or to increase the development of affordable housing. Residential development will serve
households earning no more than 80 percent of area median income. Commercial and community
spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the
residents are low-and moderate-income persons. The program will also Of this amount, four million
five hundred thousand dollars ($4,500,000) will support critical home repairs within the same
communities.
Office of Housing and Community Development (OHCD)
OHCD - Predevelopment and Capacity Building. These funds shall support a program to
increase contract staffing capacity to administer proposed affordable housing projects. These funds
will support research and data analysis, stakeholder engagement, and the expansion of services for
people experiencing homelessness.
OHCD - Homelessness Assistance Program. These funds shall support a program to
expand housing navigation, behavioral health, and stabilization services to address pandemic-
related homelessness. The program will support both operating subsidies for extremely low-income
housing units and services for people transitioning from homelessness to housing, including
individuals transitioning out of the adult correctional institutions.
OHCD - Homelessness Infrastructure. These funds shall be used to support a program to
respond to pandemic-related and prevent homelessness, including but not limited to, acquisition or
construction of temporary or permanent shelter and other housing solutions and stabilization
programs, of which ten million ($10,000,000) shall support Crossroads Rhode Island sponsored
housing development-based and/or housing- based solutions, wrap-around services and
administrative costs of implementation.
OHCD - Statewide Housing Plan. These funds shall be allocated to the development of a
statewide comprehensive housing plan to assess current and future housing needs, consider barriers
to home ownership and affordability, and identify services needed for increased investments toward
disproportionately impacted individuals and communities. These funds shall be used to support
municipal planning efforts to identify and cultivate viable sites and housing projects.
Quonset Development Corporation (QDC)
QDC - Port of Davisville. These funds shall be allocated to expand a program developing
port infrastructure and services at the Port of Davisville in Quonset in accordance with the
corporation’s master plan.
Executive Office of Health and Human Services (EOHHS)
EOHHS - Pediatric Recovery. These funds shall support a program to provide relief to
pediatric providers in response to the decline in visitation and enrollment caused by the public
health emergency and incentivize providers to increase developmental and psychosocial behavioral
screenings.
EOHHS - Early Intervention Recovery. These funds shall support a program to provide
relief to early intervention providers in response to a decline in enrollment for early intervention,
family home visiting and screening programs. This program will also provide performance bonuses
for providers who hit certain targets, such as recovering referral numbers and achieving reduced
staff turnover.
EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a
program to support certified community behavioral health clinics to bolster behavioral health
supports, medical screening and monitoring, and social services to particularly vulnerable
populations in response to a rise in mental health needs during the public health emergency.
EOHHS - Butler Hospital Short Term Stay Unit. These funds shall be allocated to support
construction of a 25-bed short stay unit at Butler Hospital to provide behavioral health care services,
crisis intervention and other related services.
Department of Children, Youth and Families (DCYF)
DCYF - Provider Workforce Stabilization. These funds shall be allocated to support
workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care
and supporting care staff of contracted service providers.
DCYF - Psychiatric Treatment Facility. These funds shall be allocated to expand existing
provider Psychiatric Residential Treatment Facility capacity to provide intensive residential
treatment options for adolescent girls and young women who face severe and complex behavioral
health challenges.
DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to
provide financial assistance to foster families for lead remediation and fire suppression upgrades.
Department of Health (DOH)
DOH - Public Health Clinics. Of these funds, $2.0 million shall be allocated to the RI Free
Clinic to improve statewide access and quality of primary care for uninsured adults; to increase
access to dental care for uninsured adults integrated into medical care at the clinic; and, to build
infrastructure for telehealth and electronic medical records, and $2.0 million shall be allocated to
Open Door Health to expand services to address issues for people who are disproportionally
impacted by the COVID-19 pandemic. Additionally, $2.0 million shall be allocated to Rhode
Island Public Health Foundation/DBA Open Door Health to support the purchase of existing land
and facilities in order to expand services for people who are disproportionately impacted by the
COVID-19 pandemic. These funds may be used to support the purchase of land, the costs of
acquiring a building or constructing a facility, as well as related costs. The terms and conditions
of the allocation shall require Rhode Island Public Health Foundation/DBA Open Door Health to
execute a purchase and sale agreement by June 30, 2024, for any part of the allocation that is used
for the purchase of land. For any part of the allocation that is used for the acquisition or construction
of a facility a contract for such purpose must be executed by June 30, 2024. Any part of the
allocation that is not used for the execution of a purchase and sale agreement or under contract for
the acquisition or construction of a facility shall be returned to the state by July 31, 2024. Any part
of the allocation that is unexpended by December 31, 2026, regardless of the purpose for which it
was obligated, shall be returned to the state no later than January 31, 2027.
Department of Human Services (DHS)
DHS - Child Care Support. To address the adverse impact the pandemic has had on the
child care sector, the funds allocated to this program will provide retention bonuses for direct care
staff at child care centers and licensed family providers in response to pandemic-related staffing
shortages and start up and technical assistance grants for family child care providers. Retention
bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.
The director of the department of human services and the director of the department of children,
youth and families may waive any fees otherwise assessed upon child care provider applicants who
have been awarded the family child care provider incentive grant. The allocation to this program
will also support quality improvements, the creation of a workforce registry and additional funds
for educational opportunities for direct care staff.
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
(BHDDH)
BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-
health related calls reported by police departments, these funds shall be allocated to the crisis
intervention training program to provide training every three years for law enforcement as well as
continuing education opportunities.
BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline
to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal
Communications Commission-adopted rules to assure that all citizens receive a consistent level of
9-8-8 and crisis behavioral health services.
Rhode Island Department of Elementary and Secondary Education (ELSEC)
RIDE - Adult Education Providers. These funds shall be directly distributed through the
Office of Adult Education to nonprofit adult education providers to expand access to educational
programs and literary services.
Department of Public Safety (DPS)
DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest
in the nonprofit community to provide additional housing, clinical and mental health services to
victims of domestic violence and sexual assault. This includes increased investments for therapy
and counseling, housing assistance, job training, relocation aid and case management.
Department of Transportation
DOT - RIPTA R-Line Free Service Pilot. These funds shall be allocated to the Rhode Island
Public Transit Authority (RIPTA) to provide free fare bus route service along the “R Line” for a
twelve (12) month period beginning September 1, 2022. RIPTA will track ridership data and submit
a report to the Speaker of the House, the President of the Senate, and the Governor no later than
10 March 1, 2024.
DOT - Turnpike and Bridge Authority – Safety Barriers Study. These funds shall be used
by the Turnpike and Bridge Authority to conduct a study to identify and evaluate the options to
prevent and address the risk of suicide on bridges under its purview. The selection of a vendor to
conduct the study shall be done through a request for proposals process.
Federal Funds - Capital Projects Fund
Department of Administration (DOA)
DOA - CPF Administration. These funds shall be allocated to the department of
administration to oversee the implementation of the Capital Projects Fund award from the
American Rescue Plan Act.
DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated
to a matching fund program for cities and towns that renovate or build a community wellness center
that meets the work, education and health monitoring requirements identified by the U.S.
Department of the Treasury.
DOA - RIC Student Services Center. These funds shall support the development of a
centralized hub at Rhode Island College, where students can complete essential tasks.
Executive Office of Commerce (EOC)
EOC - Broadband. These funds shall be allocated to the executive office of commerce to
invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The
secretary of commerce, in partnership with the director of business regulation, will run a series of
requests for proposals for broadband infrastructure projects, providing funds to municipalities,
public housing authorities, business cooperatives and local internet service providers for projects
targeted at those unserved and underserved by the current infrastructure as defined by national
telecommunications and information administration standards. This investment shall be used to
augment or provide a match for federal funds for broadband investment made available through the
Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide
broadband strategic plan and may not be obligated nor expended prior to its submission in
accordance with the requirements of the Rhode Island Broadband Development Program set forth
in Chapter 42-162.
SECTION 6. Notwithstanding any general laws to the contrary, the State Controller shall
transfer $4,444,444 to the Workers’ Compensation Administrative Fund by June 30, 2023.
SECTION 7. This article shall take effect upon passage.
art.011/5/011/4/011/3/011/2/011/1
=======
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode
Island General Law § 37-6-2(d) authorizing various lease agreements for office space and operating
space.
SECTION 2. Department of Human Services (31 John Clarke Road, Middletown).
WHEREAS, the Department of Human Services currently occupies approximately 4,400
square feet at 31 John Clarke Road in the Town of Middletown;
WHEREAS, the Department of Human Services currently has a current lease agreement,
in full force and effect, with Child and Family Services of Newport County for approximately 4,400
square feet of office space located at 31 John Clarke Road, Middletown;
WHEREAS, the existing lease expires on November 30, 2023, and the Department of
Human Services wishes to exercise its option to renew this lease for an additional five (5) year
term;
WHEREAS, the State of Rhode Island, acting by and through the Department of Human
Services, attests to the fact that there are no clauses in the lease agreement with Child and Family
Services of Newport County that would interfere with the Department of Human Services lease
agreement or use of the facility;
WHEREAS, the leased premises provide a critical location for the offices of the
Department of Human Services from which the agency can fulfill its mission;
WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
22 30, 2023, is $88,989.18;
WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
of the renewal term will not exceed $97,196.00;
WHEREAS, the payment of the annual base rent will be made from funds available to the
Department of Human Services for the payments of rental and lease costs based on annual
appropriations made by the General Assembly; and
WHEREAS, the State Properties Committee now respectfully requests the approval of the
General Assembly for the lease agreement between the Department of Human Services and Child
and Family Services of Newport County for leased space located at 31 John Clarke Road,
Middletown; now therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
$485,980.00;
RESOLVED, that this Joint Resolution shall take effect upon passage by the General
Assembly;
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Human
Services, the Director of Administration, the State Budget Officer, and the Chair of the State
Properties Committee.
SECTION 3. Department of Human Services (125 Holden Street, Providence).
WHEREAS, the population who resides in the Greater Providence area and who qualifies
for Department of Human Services programming has a demonstrable need for a second customer
service center in the capital city that is readily accessible to residents and includes adequate parking;
WHEREAS, the Department of Administration has conducted of review of its State-owned
inventory of space. Based on this review, the current State-owned building inventory does not
include office space that can accommodate the space requirements of the Department of Human
Services;
WHEREAS, it is anticipated that effective January 17, 2023, the Department of Human
Services will enter into a one-year lease for a property located at 125 Holden Street, Providence,
which features a 17,000 square foot office space that meets these requirements, including fifty (50)
parking spaces;
WHEREAS, the annual base rent for the first year of the agreement is $476,000.00;
WHEREAS, it is anticipated that the annual base rent of the new lease agreement in each
of the ten five years of the term increases annually by the greater of (i) the percentage increase in
the Consumer Price Index (the “CPI”) as published in the Bureau of Labor Statistics on December
31 of each lease year or (ii) three percent (3%);
WHEREAS, the payment of the annual base rent will be made from funds available to the
Department of Human Services for the payments of rental and lease costs based on annual
appropriations made by the General Assembly;
WHEREAS, tenant shall have the right, at its election, to extend the Term of this lease for
one (1) option to extend the Term for five (5) years, (the "Option Term" or "Renewal Term"),
provided however, that (i) Landlord receives written notice from Tenant of such exercise at least
twelve (12) months prior to the expiration of the Term of Lease, and (ii) Landlord and Tenant
negotiate in good faith and reach agreement on the Rent and all of the other terms and conditions
applicable to the Option Term at least seven (7) months prior to the expiration of the initial Term
of lease. This Option Term is subject to Rhode Island General Assembly funding approval and
approval by the State Properties Committee;
WHEREAS, the State Properties Committee now respectfully requests the approval of the
General Assembly for the lease agreement between the Department of Human Services and 125
Holden St. LLC, for the office space located at 125 Holden St. in the City of Providence, Rhode
Island; now therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
$2,527,148.65;
RESOLVED, that this joint resolution shall take effect upon passage by the General
Assembly;
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Human
Services, the Director of Administration, the State Budget Officer, and the Chair of the State
Properties Committee.
SECTION 4. Department of Human Services (One Reservoir Avenue, Providence)
WHEREAS, The Department of Human Services and the Department of Labor and
Training currently occupy 25,000 square feet at One Reservoir Avenue in the City of Providence;
and
WHEREAS, the Department of Labor and Training has a current lease agreement in full
force and effect, with First Reservoir, LLC for 25,000 square feet of office space located at One
Reservoir Avenue; and
WHEREAS, the Department of Labor and Training will be vacating the leased premises
effective June 30, 2023 and the Lease, with the Landlord's written consent, will be assigned to the
Department of Human Services; and
WHEREAS, the existing lease expires on June 30, 2023 and the Department of Human
Services wishes to exercise its option to renew this lease for an additional term; and
WHEREAS, the State of Rhode Island, acting by and through the Department of Human
Services attests to the fact that there are no clauses in the lease agreement with First Reservoir,
LLC that would interfere with the Department of Human Services lease agreement or use of the
facility; and
Department of Human Services from which the organization can fulfill its mission; and
WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
3 30, 2023 is $579,250.00; and
WHEREAS, the anticipated annual base rent in years 1-2 of the term shall not exceed
$579,250.00, the anticipated annual base rent in years 3-5 of the term shall not exceed $593,731.25;
and
WHEREAS, the payment of the annual base rent will be made from funds available to the
Department of Human Services for the payments of rental and lease costs based on annual
appropriations made by the General Assembly; and
WHEREAS, the State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Department of Human Services and First Reservoir, LLC for leased space located at
One Reservoir Avenue, Providence; now therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
$2,939,693.75; and it be further
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Human
Services, the Director of Administration, the State Budget Officer, and the Chair of the State
Properties Committee.
SECTION 5. Department of Children, Youth and Families (530 Wood Street, Bristol).
WHEREAS, the Department of Children, Youth and Families currently occupies
approximately 15,693 square feet at 530 Wood Street in the Town of Bristol;
WHEREAS, the Department of Children, Youth and Families currently has a current lease
agreement, in full force and effect, with WSA Property, Inc. for approximately 15,693 square feet
of office space located at 530 Wood Street, Bristol;
WHEREAS, the existing lease expires on July 31, 2023, and the Department of Children,
Youth and Families wishes to exercise its option to renew this lease for an additional five (5) year
term;
WHEREAS, the State of Rhode Island, acting by and through the Department of Children,
Youth and Families, attests to the fact that there are no clauses in the lease agreement with WSA
Property, Inc. that would interfere with the Department of Children, Youth and Families lease
agreement or use of the facility;
Department of Children, Youth and Families from which the agency can fulfill its mission;
WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
3 30, 2023 is $356,701.80;
WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
of the renewal term will not exceed $337,399.50 in years one (1) through three (3) and $353,092.50
in years four (4) through five (5);
WHEREAS, the payment of the annual base rent will be made from funds available to the
Department of Children, Youth and Families for the payments of rental and lease costs based on
annual appropriations made by the General Assembly; and
WHEREAS, the State Properties Committee now respectfully requests the approval of the
General Assembly for the lease agreement between the Department of Children, Youth and
Families and WSA Property, Inc. for leased space located at 530 Wood Street, Bristol; now
therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
$1,718,383.50;
RESOLVED, that this Joint Resolution shall take effect upon passage by the General
Assembly; and be it further
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Children,
Youth and Families, the Director of Administration, the State Budget Officer, and the Chair of the
State Properties Committee.
SECTION 6. Department of Revenue (2000 Diamond Hill Road, Woonsocket).
WHEREAS, the Department of Revenue currently occupies approximately 4,877 square
feet at 2000 Diamond Hill Road in the City of Woonsocket;
WHEREAS, the Department of Revenue currently has a current lease agreement, in full
force and effect, with Woonsocket Mall, LLC for approximately 4,877 square feet of office space
located at 2000 Diamond Hill Road, Woonsocket;
WHEREAS, the existing lease expires on November 30, 2023 and the Department of
Revenue wishes to exercise its option to renew this lease for an additional five (5) year term;
WHEREAS, the State of Rhode Island, acting by and through the Department of Revenue,
attests to the fact that there are no clauses in the lease agreement with Woonsocket Mall, LLC that
would interfere with the Department of Revenue lease agreement or use of the facility;
Department of Revenue from which the agency can fulfill its mission;
WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
3 30, 2023 is $75,770.00;
WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
of the renewal term will not exceed $78,519.70;
WHEREAS, the payment of the annual base rent will be made from funds available to the
Department of Revenue for the payments of rental and lease costs based on annual appropriations
made by the General Assembly;
WHEREAS, the State Properties Committee now respectfully requests the approval of the
General Assembly for the lease agreement between the Department of Revenue and Woonsocket
Mall, LLC for leased space located at 2000 Diamond Hill Road; now therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
$392,598.50;
RESOLVED, that this Joint Resolution shall take effect upon passage by the General
Assembly;
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Revenue, the
Director of Administration, the State Budget Officer, and the Chair of the State Properties
Committee.
SECTION 7. This article shall take effect upon passage.
=======
art.012/3/012/2
=======
RELATING TO PENSIONS
SECTION 1. Section 16-16-40 of the General Laws in Chapter 16-16 entitled "Teachers’
Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby
amended to read as follows:
(a) All teachers and all beneficiaries of teachers receiving any service retirement or
ordinary or accidental disability retirement allowance pursuant to the provisions of this chapter and
chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement
adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance,
not compounded, for each year the retirement allowance has been in effect. For purposes of
computation credit shall be given for a full calendar year regardless of the effective date of the
retirement allowance. This cost of living retirement adjustment shall be added to the amount of the
service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An
additional cost of living retirement adjustment shall be added to the original retirement allowance
equal to three percent (3%) of the original retirement allowance on the first day of January, 1971,
and each year thereafter through December 31, 1980.
(b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary
disability retirement allowance pursuant to the provisions of this title who retired on or after January
1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive
a cost of living adjustment, in addition to his or her retirement allowance, an amount equal to three
percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first
day of January, the retirement allowance shall be increased an additional three percent (3%) of the
original retirement allowance, not compounded, to be continued through December 31, 1980.
(c)(1) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving
any service retirement and all teachers and all beneficiaries of teachers who have completed at least
ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this
chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement
allowance pursuant to §§ 16-16-14 — 16-16-17, the cost of living adjustment shall be computed
and paid at the rate of three percent (3%) of the original retirement allowance or the retirement
allowance as computed in accordance with § 16-16-40.1, compounded annually from the year for
which the cost of living adjustment was determined to be payable by the retirement board pursuant
to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available
to teachers who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
(2) The provisions of this subsection shall be deemed to apply prospectively only and no
retroactive payment shall be made.
(3) The retirement allowance of all teachers and all beneficiaries of teachers who have not
completed at least ten (10) years of contributory service on or before July 1, 2005, or were not
eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date
of the retirement, and on the month following the anniversary date of each succeeding year be
adjusted and computed by multiplying the retirement allowance by three percent (3%) or the
percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published
by the United States Department of Labor Statistics, determined as of September 30 of the prior
calendar year, whichever is less; the cost of living adjustment shall be compounded annually from
the year for which the cost of living adjustment was determined payable by the retirement board;
provided, that no adjustment shall cause any retirement allowance to be decreased from the
retirement allowance provided immediately before such adjustment.
(d) For teachers not eligible to retire in accordance with this chapter as of September 30,
2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living
adjustment described in subsection (3) above shall only apply to the first thirty-five thousand
dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third
(3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever
is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage
increase in the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United
States Department of Labor Statistics determined as of September 30 of the prior calendar year or
three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed,
of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price
Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor
Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever
is less, on the month following the anniversary date of each succeeding year. For teachers eligible
to retire as of September 30, 2009, or eligible upon passage of this article, and for their
beneficiaries, the provisions of this subsection (d) shall not apply.
(e) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
(f) This subsection (f) shall be effective for the period July 1, 2012, through June 30, 2015.
(1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (f)(2)
below, for all present and former teachers, active and retired teachers, and beneficiaries receiving
any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment
provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A)
is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the
“subtrahend”) from the Five-Year Average Investment Return of the retirement system determined
as of the last day of the plan year preceding the calendar year in which the adjustment is granted,
said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B)
is equal to the lesser of the teacher’s retirement allowance or the first twenty-five thousand dollars
($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be
indexed annually in the same percentage as determined under paragraph (f)(1)(A) above. The
“Five-Year Average Investment Return” shall mean the average of the investment returns of the
most recent five (5) plan years as determined by the retirement board. Subject to paragraph (f)(2)
below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)
anniversary of the date of retirement or the date on which the retiree reaches his or her Social
Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially
assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted
either upward or downward in the same amount.
(2) Except as provided in paragraph (f)(3), the benefit adjustments under this section for
any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’
Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police
Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty
percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan
year.
In determining whether a funding level under this paragraph (f)(2) has been achieved, the
actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(3) Notwithstanding paragraph (f)(2), in each fifth plan year commencing after June 30,
2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five
plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (f)(1)
above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial
Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the
system’s actuary on an aggregate basis, exceeds eighty percent (80%).
(4) Notwithstanding any other provisions of this chapter, the provisions of this paragraph
(f) of § 16-16-40 shall become effective July 1, 2012, and shall apply to any benefit adjustments
not granted on or prior to June 30, 2012.
(g) This subsection (g) shall become effective July 1, 2015.
(1)(A) As soon as administratively reasonable following the enactment into law of this
subsection (g)(1)(A), a one-time benefit adjustment shall be provided to teachers and/or
beneficiaries of teachers who retired on or before June 30, 2012, in the amount of two percent (2%)
of the lesser of either the teacher’s retirement allowance or the first twenty-five thousand dollars
($25,000) of the teacher’s retirement allowance. This one-time benefit adjustment shall be provided
without regard to the retiree’s age or number of years since retirement.
(B) Notwithstanding the prior subsections of this section, for all present and former
teachers, active and retired teachers, and beneficiaries receiving any retirement, disability or death
allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under
this section for adjustments on and after January 1, 2016, and subject to subsection (g)(2) below,
shall be equal to (I) multiplied by (II):
(I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
(i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)
(the “subtrahend”) from the five-year average investment return of the retirement system
determined as of the last day of the plan year preceding the calendar year in which the adjustment
is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent
(0%). The “five-year average investment return” shall mean the average of the investment returns
of the most recent five (5) plan years as determined by the retirement board. In the event the
retirement board adjusts the actuarially assumed rate of return for the system, either upward or
downward, the subtrahend shall be adjusted either upward or downward in the same amount.
(ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer
Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor
Statistics determined as of September 30 of the prior calendar year.
In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less
than (0%) percent.
(II) is equal to the lesser of either the teacher’s retirement allowance or the first twenty-
five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount
to be indexed annually in the same percentage as determined under subsection (g)(1)(B)(I) above.
The benefit adjustments provided by this subsection (g)(1)(B) shall be provided to all
retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,
and for all other retirees the benefit adjustments shall commence upon the third anniversary of the
date of retirement or the date on which the retiree reaches his or her Social Security retirement age,
whichever is later.
(2) Except as provided in subsection (g)(3), the The benefit adjustments under subsection
(g)(1)(B) for any plan year shall be suspended in their entirety reduced to twenty-five percent (25%)
of the benefit adjustment unless the funded ratio of the employees’ retirement system of Rhode
Island, the judicial retirement benefits trust and the state police retirement benefits trust, calculated
by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the
benefit adjustment will be reinstated for all teachers for such plan year.
In determining whether a funding level under this subsection (g)(2) has been achieved, the
actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(3) Notwithstanding subsection (g)(2), in each fourth plan year commencing after June 30,
2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four
plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection
(g)(1)(B) above; and (ii) Effective for teachers and/or beneficiaries of teachers who retired on or
before June 30, 2015, the dollar amount in subsection (g)(1)(B)(II) of twenty-five thousand eight
hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six
dollars ($31,026)until the funded ratio of the employees’ retirement system of Rhode Island, the
judicial retirement benefits trust and the state police retirement benefits trust, calculated by the
system’s actuary on an aggregate basis, exceeds eighty percent (80%).
(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)
days following the enactment of the legislation implementing this provision, and a second one-time
stipend of five hundred dollars ($500) in the same month of the following year. These stipends
shall be payable to all retired teachers or beneficiaries receiving a benefit as of the applicable
payment date and shall not be considered cost of living adjustments under the prior provisions of
this § 16-16-40.
SECTION 2. Section 36-10-35 of the General Laws in Chapter 36-10 entitled "Retirement
System — Contributions and Benefits" is hereby amended to read as follows:
(a) All state employees and all beneficiaries of state employees receiving any service
retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of
this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal
to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded,
for each calendar year the retirement allowance has been in effect. For the purposes of computation,
credit shall be given for a full calendar year regardless of the effective date of the retirement
allowance. This cost of living adjustment shall be added to the amount of the retirement allowance
as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the
original retirement allowance in each succeeding year during the month of January, and provided
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
above provisions, no employee receiving any service retirement allowance pursuant to the
provisions of this title on or before December 31, 1967, or the employee’s beneficiary, shall receive
any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over
the service retirement allowance where the employee retired prior to January 1, 1958.
(b) All state employees and all beneficiaries of state employees retired on or after January
1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement
allowance pursuant to the provisions of this title shall, on the first day of January next following
the third anniversary date of the retirement, receive a cost of living retirement adjustment, in
addition to his or her retirement allowance, in an amount equal to three percent (3%) of the original
retirement allowance. In each succeeding year thereafter through December 31, 1980, during the
month of January, the retirement allowance shall be increased an additional three percent (3%) of
the original retirement allowance, not compounded, to be continued during the lifetime of the
employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar
year regardless of the effective date of the service retirement allowance.
(c)(1) Beginning on January 1, 1981, for all state employees and beneficiaries of the state
employees receiving any service retirement and all state employees, and all beneficiaries of state
employees, who have completed at least ten (10) years of contributory service on or before July 1,
2005, pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries
of state employees who receive a disability retirement allowance pursuant to §§ 36-10-12 — 36-
10-15, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of
the original retirement allowance or the retirement allowance as computed in accordance with §
36-10-35.1, compounded annually from the year for which the cost of living adjustment was
determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b)
of this section. Such cost of living adjustments are available to members who retire before October
1, 2009, or are eligible to retire as of September 30, 2009.
(2) The provisions of this subsection shall be deemed to apply prospectively only and no
retroactive payment shall be made.
(3) The retirement allowance of all state employees and all beneficiaries of state employees
who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or
were not eligible to retire as of September 30, 2009, shall, on the month following the third
anniversary date of retirement, and on the month following the anniversary date of each succeeding
year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or
the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as
published by the United States Department of Labor Statistics determined as of September 30 of
the prior calendar year, whichever is less; the cost of living adjustment shall be compounded
annually from the year for which the cost of living adjustment was determined payable by the
retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased
from the retirement allowance provided immediately before such adjustment.
(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
cost of living adjustment described in subsection (c)(3) of this section shall only apply to the first
thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall
commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches
age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase
annually by the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-
U) as published by the United States Department of Labor Statistics determined as of September
30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand
dollars ($35,000) of retirement allowance, as indexed, shall be multiplied by the percentage of
increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United
States Department of Labor Statistics determined as of September 30 of the prior calendar year or
three percent (3%), whichever is less, on the month following the anniversary date of each
succeeding year. For state employees eligible to retire as of September 30, 2009, or eligible upon
passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not
apply.
(e) All legislators and all beneficiaries of legislators who are receiving a retirement
allowance pursuant to the provisions of § 36-10-9.1 for a period of three (3) or more years, shall,
commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a
retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance.
In each succeeding year thereafter during the month of January, the retirement allowance shall be
increased an additional three percent (3%) of the original retirement allowance, compounded
annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of
computation, credit shall be given for a full calendar year regardless of the effective date of the
service retirement allowance.
(f) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
(g) This subsection (g) shall be effective for the period July 1, 2012, through June 30, 2015.
(1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (g)(2)
below, for all present and former employees, active and retired members, and beneficiaries
receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit
adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B)
where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%)
(the “subtrahend”) from the Five-Year Average Investment Return of the retirement system
determined as of the last day of the plan year preceding the calendar year in which the adjustment
is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent
(0%), and (B) is equal to the lesser of the member’s retirement allowance or the first twenty-five
thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000)
amount to be indexed annually in the same percentage as determined under (g)(1)(A) above. The
“Five-Year Average Investment Return” shall mean the average of the investment returns of the
most recent five (5) plan years as determined by the retirement board. Subject to paragraph (g)(2)
below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)
anniversary of the date of retirement or the date on which the retiree reaches his or her Social
Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially
assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted
either upward or downward in the same amount.
(2) Except as provided in paragraph (g)(3), the benefit adjustments under this section for
any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’
Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police
Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty
percent (80%) in which event the benefit adjustment will be reinstated for all members for such
plan year.
In determining whether a funding level under this paragraph (g)(2) has been achieved, the
actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(3) Notwithstanding paragraph (g)(2), in each fifth plan year commencing after June 30,
2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five
plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (g)(1)
above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial
Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the
system’s actuary on an aggregate basis, exceeds eighty percent (80%).
(4) Notwithstanding any other provision of this chapter, the provisions of this paragraph
(g) shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or
prior to June 30, 2012.
(h) This subsection (h) shall become effective July 1, 2015.
(1)(A) As soon as administratively reasonable following the enactment into law of this
subsection (h)(1)(A), a one-time benefit adjustment shall be provided to members and/or
beneficiaries of members who retired on or before June 30, 2012, in the amount of 2% of the lesser
of either the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of
the member’s retirement allowance. This one-time benefit adjustment shall be provided without
regard to the retiree’s age or number of years since retirement.
(B) Notwithstanding the prior subsections of this section, for all present and former
employees, active and retired members, and beneficiaries receiving any retirement, disability or
death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year
under this section for adjustments on and after January 1, 2016, and subject to subsection (h)(2)
below, shall be equal to (I) multiplied by (II):
(I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
(i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)
(the “subtrahend”) from the five-year average investment return of the retirement system
determined as of the last day of the plan year preceding the calendar year in which the adjustment
is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent
(0%). The “five-year average investment return” shall mean the average of the investment returns
of the most recent five (5) plan years as determined by the retirement board. In the event the
retirement board adjusts the actuarially assumed rate of return for the system, either upward or
downward, the subtrahend shall be adjusted either upward or downward in the same amount.
(ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer
Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor
Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i)
plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).
(II) Is equal to the lesser of either the member’s retirement allowance or the first twenty-
five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount
to be indexed annually in the same percentage as determined under subsection (h)(1)(B)(I) above.
The benefit adjustments provided by this subsection (h)(1)(B) shall be provided to all
retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,
and for all other retirees the benefit adjustments shall commence upon the third anniversary of the
date of retirement or the date on which the retiree reaches his or her Social Security retirement age,
whichever is later.
(2) Except as provided in subsection (h)(3) of this section, the The benefit adjustments
under subsection (h)(1)(B) for any plan year shall be suspended in their entirety reduced to twenty-
twenty-five percent (25%) of the benefit adjustment unless the funded ratio of the employees’
retirement system of Rhode Island, the judicial retirement benefits trust and the state police
retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty
percent (80%) in which event the benefit adjustment will be reinstated for all members for such
plan year.
In determining whether a funding level under this subsection (h)(2) has been achieved, the
actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(3) Notwithstanding subsection (h)(2), in each fourth plan year commencing after June 30,
2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four
plan years:
(i) A benefit adjustment shall be calculated and made in accordance with subsection
(h)(1)(B) above; and
(ii) Effective for members and/or beneficiaries of members who retired on or before June
30, 2015, the dollar amount in subsection (h)(1)(B)(II) of twenty-five thousand eight hundred and
fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars
($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the judicial
retirement benefits trust and the state police retirement benefits trust, calculated by the system’s
actuary on an aggregate basis, exceeds eighty percent (80%).
(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)
days following the enactment of the legislation implementing this provision, and a second one-time
stipend of five hundred dollars ($500) in the same month of the following year. These stipends
shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable
payment date and shall not be considered cost of living adjustments under the prior provisions of
this section.
SECTION 3. Section 45-21-52 of the General Laws in Chapter 45-21 entitled "Retirement
of Municipal Employees" is hereby amended to read as follows:
(a) The local legislative bodies of the cities and towns may extend to their respective
employees automatic adjustment increases in their service retirement allowances, by a resolution
accepting any of the plans described in this section:
(1) Plan A. All employees and beneficiaries of those employees receiving a service
retirement or disability retirement allowance under the provisions of this chapter on December 31
of the year their city or town accepts this section, receive a cost of living adjustment equal to one
and one-half percent (11/2%) per year of the original retirement allowance, not compounded, for
each calendar year the retirement allowance has been in effect. This cost of living adjustment is
added to the amount of the retirement allowance as of January 1 following acceptance of this
provision, and an additional one and one-half percent (11/2%) is added to the original retirement
allowance in each succeeding year during the month of January, and provided, further, that this
additional cost of living increase is three percent (3%) for the year beginning January 1 of the year
the plan is accepted and each succeeding year.
(2) Plan B. All employees and beneficiaries of those employees receiving a retirement
allowance under the provisions of this chapter on December 31 of the year their municipality
accepts this section, receive a cost of living adjustment equal to three percent (3%) of their original
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
original retirement allowance, not compounded, is payable in each succeeding year in the month
of January.
(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
the date of the retirement, receive a cost of living adjustment in an amount equal to three percent
(3%) of the original retirement allowance.
(b) In each succeeding year in the month of January, the retirement allowance is increased
an additional three percent (3%) of the original retirement allowance, not compounded.
(c) This subsection (c) shall be effective for the period July 1, 2012, through June 30, 2015.
(1) Notwithstanding any other paragraphs of this section, and subject to paragraph (c)(2)
below, for all present and former employees, active and retired members, and beneficiaries
receiving any retirement, disability or death allowance or benefit of any kind by reason of adoption
of this section by their employer, the annual benefit adjustment provided in any calendar year under
this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined
by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average
Investment Return of the retirement system determined as of the last day of the plan year preceding
the calendar year in which the adjustment is granted, said percentage not to exceed four percent
(4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the member’s
retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance,
such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage
as determined under (c)(1)(A) above. The “Five-Year Average Investment Return” shall mean the
average of the investment returns of the most recent five (5) plan years as determined by the
retirement board. Subject to paragraph (c)(2) below, the benefit adjustment provided by this
paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on
which the retiree reaches his or her Social Security retirement age, whichever is later; or for
municipal police and fire retiring under the provisions of chapter 45-21.2, the benefit adjustment
provided by this paragraph shall commence on the later of the third (3rd) anniversary of the date of
retirement or the date on which the retiree reaches age fifty-five (55). In the event the retirement
board adjusts the actuarially assumed rate of return for the system, either upward or downward, the
subtrahend shall be adjusted either upward or downward in the same amount.
(2) Except as provided in paragraph (c)(3) the benefit adjustments provided under this
section for any plan year shall be suspended in their entirety reduced to twenty-five percent (25%)
of the benefit adjustment for each municipal plan within the municipal employees retirement
system unless the municipal plan is determined to be funded at a Funded Ratio equal to or greater
than eighty percent (80%) as of the end of the immediately preceding plan year in accordance with
the retirement system’s actuarial valuation report as prepared by the system’s actuary, in which
event the benefit adjustment will be reinstated for all members for such plan year.
In determining whether a funding level under this paragraph (c)(2) has been achieved, the
actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(3) Notwithstanding paragraph (c)(2), for each municipal plan that has a Funded Ratio of
less than eighty percent (80%) as of June 30, 2012, in each fifth plan year commencing after June
30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of
five (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph
(c)(1) above until the municipal plan’s Funded Ratio exceeds eighty percent (80%).
(d) This subsection (d) shall become effective July 1, 2015.
(1)(A) As soon as administratively reasonable following the enactment into law of this
subsection (d)(1)(A), a one-time benefit adjustment shall be provided to members and/or
beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent
(2%) of the lesser of either the employee’s retirement allowance or the first twenty-five thousand
dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be
provided without regard to the retiree’s age or number of years since retirement.
(B) Notwithstanding the prior subsections of this section, for all present and former
employees, active and retired employees, and beneficiaries receiving any retirement, disability or
death allowance or benefit of any kind by reason of adoption of this section by their employer, the
annual benefit adjustment provided in any calendar year under this section for adjustments on and
after January 1, 2016, and subject to paragraph (d)(2) below, shall be equal to (I) multiplied by (II):
(I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
(i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)
(the “subtrahend”) from the five-year average investment return of the retirement system
determined as of the last day of the plan year preceding the calendar year in which the adjustment
is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent
(0%). The “five-year average investment return” shall mean the average of the investment returns
of the most recent five (5) plan years as determined by the retirement board. In the event the
retirement board adjusts the actuarially assumed rate of return for the system, either upward or
downward, the subtrahend shall be adjusted either upward or downward in the same amount.
(ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer
Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor
Statistics determined as of September 30 of the prior calendar year.
In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less
than zero percent (0%).
(II) Is equal to the lesser of either the member’s retirement allowance or the first twenty-
five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount
to be indexed annually in the same percentage as determined under subsection (d)(1)(B)(I) above.
The benefit adjustments provided by this subsection (d)(1)(B) shall be provided to all
retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,
and for all other retirees the benefit adjustments shall commence upon the third anniversary of the
date of retirement or the date on which the retiree reaches his or her Social Security retirement age,
whichever is later; or for municipal police and fire retiring under the provisions of § 45-21.2-
5(b)(1)(A), the benefit adjustment provided by this paragraph shall commence on the later of the
third anniversary of the date of retirement or the date on which the retiree reaches age fifty-five
(55); or for municipal police and fire retiring under the provisions of § 45-21.2-5(b)(1)(B), the
benefit adjustment provided by this paragraph shall commence on the later of the third anniversary
of the date of retirement or the date on which the retiree reaches age fifty (50).
(2) Except as provided in subsection (d)(3), the The benefit adjustments under subsection
(d)(1)(B) for any plan year shall be suspended in their entirety reduced to twenty-five percent (25%)
of the benefit adjustment for each municipal plan within the municipal employees retirement
system unless the municipal plan is determined to be funded at a funded ratio equal to or greater
than eighty percent (80%) as of the end of the immediately preceding plan year in accordance with
the retirement system’s actuarial valuation report as prepared by the system’s actuary, in which
event the benefit adjustment will be reinstated for all members for such plan year.
In determining whether a funding level under this subsection (d)(2) has been achieved, the
actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(3) Notwithstanding subsection (d)(2), in each fourth plan year commencing after June 30,
2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four
plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection
(d)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on or
before June 30, 2015, the dollar amount in subsection (d)(1)(B)(II) of twenty-five thousand eight
hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six
dollars ($31,026) until the municipal plan’s funded ratio exceeds eighty percent (80%).
(e) Upon acceptance of any of the plans in this section, each employee shall on January 1
next succeeding the acceptance, contribute by means of salary deductions, pursuant to § 45-21-41,
one percent (1%) of the employee’s compensation concurrently with and in addition to
contributions otherwise being made to the retirement system.
(f) The city or town shall make any additional contributions to the system, pursuant to the
terms of § 45-21-42, for the payment of any benefits provided by this section.
(g) The East Greenwich town council shall be allowed to accept Plan C of subsection (a)(3)
of this section for all employees of the town of East Greenwich who either, pursuant to contract
negotiations, bargain for Plan C, or who are non-union employees who are provided with Plan C
and who shall all collectively be referred to as the “Municipal-COLA Group” and shall be separate
from all other employees of the town and school department, union or non-union, who are in the
same pension group but have not been granted Plan C benefits. Upon acceptance by the town
council, benefits in accordance with this section shall be available to all such employees who retire
on or after January 1, 2003.
(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
adjustment under this section, a one-time stipend of five hundred dollars ($500) shall be payable
within sixty (60) days following the enactment of the legislation implementing this provision, and
a second one-time stipend of five hundred dollars ($500) in the same month of the following year.
These stipends shall not be considered cost of living adjustments under the prior provisions of this
section.
SECTION 4. The general assembly makes the following findings of fact:
(1) The Rhode Island Retirement Security Act of 2011 was enacted to ensure sustainability
of the state's public retirement systems;
(2) At the time of enactment, the pension system was critically underfunded and the state
was experiencing continuing financial instability following the Great Recession;
(3) The state's contributions and projected future contributions to fund the pension system
combined with the state's fragile economy jeopardized public pensions and vital government
services;
(4) Rapidly escalating pension costs posed a significant risk to state and municipal credit
ratings, further jeopardizing vital public services and the ability to address critical infrastructure
needs;
(5) The Rhode Island Retirement Security Act of 2011 restructured public pensions
programs, including COLA benefits for retirees, with the stated goals to ensure: the ability of state
and municipalities to provide retirement benefits that will enable a dignified retirement for public
employees; an adequate source of retirement funds for public retiree benefits and an affordable
pension program that does not jeopardize vital public services;
(6) More than a decade has passed since enactment of the Rhode Island Retirement Security
Act of 2011;
(7) The reforms in the Rhode Island Retirement Security Act of 2011 have had various
effects over time, including changing the condition of the retirements systems throughout the state,
as well as impacting the retirement security of current and future public retirees; and
(8) A thorough review of the restructured pension programs will assist in determining if
the stated goals of the Rhode Island Retirement Security Act of 2011 are being met, as well as
inform any changes that may be needed to improve the pension programs and address any
unintended consequences of the Act and any impacts on the ability of the state to attract and retain
a stable workforce.
SECTION 5. Chapter 36-10.2 of the General Laws entitled "Pension Protection Act" is
hereby amended by adding thereto the following section:
(a) The general treasurer shall establish and convene an advisory working group to assist
in the review and analysis of the impacts of the Rhode Island Retirement Security Act of 2011 on
the state's public retirement systems and their current and retired members. The working group
shall develop options for consideration by the general assembly that may be needed to improve the
pension programs or address any unintended consequences of the Act. Options, to the extent
possible, shall include a clear cost-benefit analysis.
(b) The advisory working group may include, but not be limited to, designees from the
following: the office of the general treasurer, actuarial professionals, public sector unions, state
and/or national organizations interested in pension reform and sustainability, pension advocacy
groups and financial and investment professionals.
(c) On or before March 1, 2024, the general treasurer shall forward a report containing the
findings, recommendations and proposed options for consideration to the governor, speaker of the
house and president of the senate.
SECTION 6. Section 5 shall take effect upon passage. The remainder of the article shall
take effect on January 1, 2024.
=======
art.013/1/012/1
=======
RELATING TO EFFECTIVE DATE
SECTION 1. This act shall take effect as of July 1, 2023, except as otherwise provided
herein.
SECTION 2. This article shall take effect upon passage.