2023 -- S 0991

========

LC002917

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

TRANSPORTATION AND TRANSIT ACT

     Introduced By: Senators Ruggerio, Tikoian, Gallo, DiPalma, Lombardo, Pearson, Britto,
and Felag

     Date Introduced: May 15, 2023

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 13.2

THE RHODE ISLAND TRANSPORTATION AND TRANSIT ACT

     42-13.2-1. Short title.

     This chapter shall be known and may be cited as "The Rhode Island Transportation and

Transit Act."

     42-13.2-2. Creation of a consolidated transportation department and legal standard.

     (a) In order to plan, develop and maintain an efficient and unified intermodal transportation

system throughout the state, the department of transportation is hereby authorized to assume the

powers and duties of the Rhode Island public transit authority, chapter 18 of title 39.

     (b) The powers delegated by the general assembly in this chapter shall be carried out having

due regard for the needs of the citizens of the state in such a manner as will best preserve the safety

and welfare of citizens of the state all to the public benefit and good. The purpose of this chapter is

to expand the duties and powers of the department of transportation for purposes of implementing

such innovation and best practices in connection with planning, financing, constructing, operating

and maintaining the state’s intermodal transportation system. The exercise by the department of

transportation the powers conferred by this chapter shall be deemed and held to be the performance

of an essential governmental function of the state for public purposes. It is the intent of the general

assembly by the passage of this chapter to vest in the department of transportation all powers,

authority, rights, privileges, and titles which may be necessary to accomplish the purposes herein

set forth, and this chapter and the powers granted hereby shall be liberally construed in conformity

with those purposes.

     42-13.2-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall indicate another or different meaning or intent:

     (1) "Department" means the Rhode Island department of transportation.

     (2) "Executive director" means the executive director of the Rhode Island department of

transportation.

     (3) "Intermodal transportation system" means a transportation system which consists of all

forms of transportation and transportation infrastructure, in a unified and connected manner,

including, but not limited to, the logistics and operations of moving passengers and goods, roads,

bridges, tunnels, overpasses, mass transit facilities, port facilities or similar facilities used for the

transportation of persons or goods, together with any other property necessary or convenient to the

use or operation of the intermodal transportation system.

     (4) "Joint pension board" means the governing body of the transit authority employees’

pension plan, which serves as the pension plan administrator, named fiduciary and trustee of the

pension plan.

     (5) "State" means the State of Rhode Island.

     (6) "Transit authority" means the Rhode Island public transit authority as created under

chapter 18 of title 39.

     42-13.2-4. Transfer of certain purposes, powers and property of the transit authority

to the department.

     (a) All purposes and powers of the transit authority are hereby transferred to the department

effective July 1, 2023, including all right, title and interest to any property, real or personal,

formerly in the name of the transit authority.

     (b) On the date of the transfer, all property, real, personal and mixed, and all debts due on

whatever account, and all other choses in action, including, but not limited to, any enterprise fund

held by the state for the benefit of the transit authority, and all and every other interest of or

belonging to or due to the transit authority, shall be taken and deemed to be transferred to and

vested in the department without further act or deed; and the title to any real estate, or any interest

therein, vested in the transit authority shall not revert or be in any way impaired by reason of the

LC002917 - Page 2 of 28

transfer.

     (c) Subject to appropriation of funds by the general assembly therefor, the department shall

also be responsible and liable for all the liabilities and obligations of the transit authority; and any

claim existing or action or proceeding pending by or against the transit authority may be prosecuted

as if the transfer had not taken place, or the department may be substituted in the transit authority’s

place. Neither the rights of creditors nor any liens upon the property of the transit authority shall

be impaired by the transfer. The transfer as provided for herein shall not impair the obligation of

any contract or agreement or alter existing bargaining units nor abate any suit, action or other

proceeding lawfully commenced by or against the transit authority, or any of its board members in

relation to the discharge of their official duties; provided, however, a court of competent

jurisdiction may, on motion filed within twelve (12) months after the effective date of the transfer,

allow such a suit, action or proceeding to be maintained by or against the department.

     42-13.2-5. General powers.

     The department shall have all the powers necessary to carry out and effectuate the purposes

and provisions of this chapter, including, without limiting the generality of the foregoing, the

powers granted to the department pursuant to chapter 13 of title 42, the powers granted to the transit

authority pursuant to §§ 39-18-3 and 39-18-4 and in addition, thereto:

     (1) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest therein, wherever situated;

provided that, control of state-owned vehicles continues to be vested in the division of capital asset

management and maintenance of the department of administration pursuant to § 42-11-2.9;

     (2) Subject to the provisions of chapter 6 of title 37, to sell, convey, mortgage, pledge,

lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets

irrespective of whether such property has been dedicated to a public use for such consideration and

upon such terms and conditions as the department shall determine;

     (3) To incur liabilities, and borrow money at such rates of interest as the department may

determine, subject to authorization by the general assembly or the state’s electors to the extent

required by law;

     (4) To make and execute all contracts, agreements, and instruments necessary in the

exercise of the powers, duties, and functions of the department granted by this chapter, with terms

not to exceed forty (40) years;

     (5) To plan, coordinate, develop, operate, maintain, and manage an intermodal

transportation system, including plans to meet demands for public transit where such demand,

current or prospective, exceeds supply and/or availability of public transit services; and

LC002917 - Page 3 of 28

     (6) To work with departments, agencies, authorities and corporations of federal, state and

local government, public and private institutions, businesses, nonprofit organizations, users of the

system and other entities and persons to coordinate public transit services and provide a seamless

network of mobility options.

     42-13.2-6. Additional powers and duties of the department relating to the transit

authority.

     (a) In addition to the powers and duties herein before enumerated, the department shall

have all powers and duties previously delegated to the transit authority, and all rights, titles and

interests to any property, real or personal and assets in the name of the transit authority, including,

without limitation, the following powers and duties:

     (1) To manage and supervise all union and non-union transit authority employees;

     (2) To contract for and to accept any rights, grants, loans, funds, property real or personal,

or financial or other assistance in any form from the United States or any agency or instrumentality

thereof or from the state or any agency or instrumentality thereof or from any other source and to

comply, subject to the provisions of this chapter, with the terms and conditions thereof;

     (3) To plan, coordinate, develop, operate, maintain, and manage a statewide intermodal

transportation system, including plans to meet demands for public transit where such demand,

current or prospective, exceeds supply and/or availability of public transit services; and

     (4) To work with departments, agencies, authorities and corporations of federal, state and

local government, public and private institutions, businesses, nonprofit organizations, users of the

intermodal transportation system, and other entities and persons to coordinate public transit services

and provide a seamless network of mobility options.

     (b) The executive director of the department, or designee, may fix from time to time,

subject to the provisions of this chapter and § 39-18-4, schedules and such rates of fare and charges

for service furnished or operated as in their judgment are best adopted to ensure income to meet

some of the cost of service; provided, however, the department is not empowered to operate a

passenger vehicle under its control in competition with passenger vehicles of a private carrier over

routes that the private carrier operates pursuant to a certificate of public convenience and necessity

issued to the private carrier by the division of public utilities and carriers; and provided further that,

the department shall not require any person who meets the means-test criteria as defined by the

Rhode Island office of healthy aging and who is either sixty-five (65) years of age, or over, or who

is disabled to pay more than one-half (1/2) of any fare for bus rides; provided, however, that under

no circumstances shall fares or charges for special service routes be discounted. Any person who

is either sixty-five (65) years of age, or over, or who is disabled, who does not satisfy the means-

LC002917 - Page 4 of 28

test criteria as heretofore provided, shall only be required to pay one-half (1/2) of the fare or charge

for bus rides during off-peak hours, but shall not be eligible for a reduction during peak hours. For

the purposes of this chapter, "peak hours", "off-peak hours" and "special service routes" shall be

determined annually by the department. The department, in conjunction with the department of

human services, shall establish an advisory committee comprised of seniors/persons with

disabilities constituent users of the transit authority's services to assist in the implementation of this

section.

     (c)(1) Any person who accompanies and is assisting a person with a disability when the

person with a disability uses a wheelchair shall be eligible for the same price exemptions extended

to a person with a disability by subsection (b) of this section. The cost to the department for

providing the service to the elderly shall be paid from funds available pursuant to this chapter;

     (2) Any person who accompanies and is assisting a passenger who is blind or visually

impaired shall be eligible for the same price exemptions extended to the passenger who is blind or

visually impaired by subsection (b) of this section. The cost to the department for providing the

service to the blind or visually impaired shall be paid from funds available pursuant to this chapter;

and

     (3) The executive director of the department, or designee, shall be authorized and

empowered to charge a fare for any paratransit services required by the Americans with Disabilities

Act, 42 U.S.C. § 12101 et seq., in accordance with 49 C.F.R. Part 37.

     42-13.2-7. Executive director, officers and employees.

     The powers of the department shall be vested in an executive director who shall be

appointed by the governor with advice and consent of the senate, with advisory functions held by

the statewide planning council pursuant to § 42-11-10. There shall be such other assistant executive

directors having supervisory responsibilities over the functions of the department including,

without limitation: an assistant executive director of transportation and operations; an assistant

executive director of transit and transportation alternatives; an assistant executive director of

transportation maintenance and chief engineer; an assistant executive director of external affairs

and an assistant executive director of legal and administrative services; and such other assistant

executive directors as may, from time to time, be required.

     42-13.2-8. Bondholders’ rights not to be affected by state.

     The state does hereby pledge to and agree with the holders of any bonds or notes issued or

to be issued by the transit authority that the state, by sole virtue of this chapter, will not limit or

alter the rights hereby vested in the transit authority to fulfill the terms of any agreements made

with the holders until payment of those bonds or notes, together with the interest thereon, and all

LC002917 - Page 5 of 28

costs and expenses in connection with any action or proceeding by or on behalf of those holders,

are fully met and discharged. The department is authorized to include this pledge and agreement of

the state in any agreement with the holders of those bonds or notes.

     42-13.2-9. Authorization to accept appropriated monies.

     The department is authorized to accept such monies as may be appropriated from time to

time by the general assembly for effectuating the purposes of this chapter including, without

limitation, the payment of the initial expenses of administration and operation and the establishment

of reserves or contingency funds to be available for the payment of the principal of and the interest

on any bonds, notes, or other obligations of the transit authority.

     42-13.2-10. Assistance by state agencies.

     (a) All state agencies shall render such services to the department within their respective

functions as may be requested by the department.

     (b) Upon request of the department, the department of administration is hereby authorized

and empowered to transfer to the department such officers and employees as it may deem necessary

from time to time to assist the department in carrying out its functions and duties under this chapter.

Officers and employees so transferred shall not lose their civil service status or rights.

     42-13.2-11. Employees of the transit authority.

     Those union employees of the transit authority who are members of Amalgamated Transit

Union local bargaining units 618 and 618A shall not become state employees. Said employees shall

remain members in Amalgamated Transit Union local bargaining units 618 and 618A, respectively,

and remain in the employ of the transit authority. Said members shall continue to participate in the

transit authority pension plan.

     (1) Those union employees of the transit authority who are members of LIUNA Local 808

shall not become state employees. Said employees shall remain members in LIUNA local

bargaining unit 808 and remain in the employ of the transit authority. Members of LIUNA Local

808 shall continue to participate in the transit authority pension plan. However, after July 1, 2023,

all LIUNA Local 808 union employee positions within the transit authority that become vacant

shall be terminated and will be replaced by a LIUNA Local 808 union state employee position at

the department for purposes of wages, salaries, pensions, fringe benefits, collective bargaining and

for purposes of any and all other benefits;

     (2) All non-union transit authority employees shall become state employees for purposes

of wages, salaries, fringe benefits, and for purposes of any and all other benefits which may accrue

to state employees whether exempt or merit employees, but shall not participate in the Rhode Island

state employee retirement system pursuant to the provisions of title 36. Said employees shall remain

LC002917 - Page 6 of 28

in the transit authority pension plan. After July 1, 2023, all non-union employee positions that

become vacant shall be terminated and may be replaced by a state employee position at the

department for purposes of wages, salaries, pensions, fringe benefits, and for purposes of any and

all other benefits, and shall participate in the Rhode Island state employee retirement system

pursuant to the provisions of title 36;

     (3) The joint pension board shall continue to serve as the pension plan administrator, named

fiduciary and trustee of the pension plan; and

     (4) Nothing contained in this section shall be construed to amend or alter the terms and

provisions of the pension plan.

     42-13.2-12. Annual report.

     In accordance with § 39-18-18, the transit authority will continue to comply with their

respective reporting requirements. In accordance with § 42-13.1-16, the department shall include

additional information on the operations of the intermodal transportation system.

     42-13.2-13. Inconsistent provisions.

     Insofar as the provisions of this chapter are inconsistent with the provisions of any other

law or ordinance, general, special, or local, the provisions of this chapter shall be controlling.

     42-13.2-14. Regulatory authority.

     The department is fully authorized and empowered to adopt and promulgate any order,

rule, regulation or guideline reasonably necessary to implement the provisions of this chapter.

     42-13.2-15. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate

the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph,

section, or part directly involved in the controversy in which the judgment shall have been rendered.

     SECTION 2. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel

Tax" is hereby amended to read as follows:

     31-36-20. Disposition of proceeds.

     (a)(1) Notwithstanding any other provision of law to the contrary, all moneys paid into the

general treasury under the provisions of this chapter or chapter 37 of this title, and title 46 shall be

applied to and held in a separate fund and be deposited in any depositories that may be selected by

the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface

Transportation Fund. ; provided, that in fiscal year 2004 for the months of July through April six

and eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and accruing for the

liability under the provisions of § 31-36-7, less refunds and credits, shall be transferred to the Rhode

LC002917 - Page 7 of 28

Island public transit authority as provided under § 39-18-21. For the months of May and June in

fiscal year 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until

fiscal year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal

years 2006 through FY 2008, the allocation shall be seven and twenty-five hundredth cents

($0.0725); provided, that expenditures shall include the costs of a market survey of non-transit

users and a management study of the agency to include the feasibility of moving the Authority into

the Department of Transportation, both to be conducted under the auspices of the state budget

officer. The state budget officer shall hire necessary consultants to perform the studies, and shall

direct payment by the Authority. Both studies shall be transmitted by the Budget Officer to the

2006 session of the General Assembly, with comments from the Authority. For fiscal year 2009,

the allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent

($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee

pursuant to § 46-12.9-11. For fiscal years 2010 and thereafter, the allocation shall be nine and

seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be derived from

the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-11. One cent

($0.01) per gallon shall be transferred to the Elderly/Disabled Transportation Program of the

department of human services., and the remaining cents per gallon shall be available for general

revenue as determined by the following schedule:.

     (i) For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for

general revenue.

     (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for

general revenue.

     (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general

revenue.

     (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for

general revenue.

     (v) For the months of July through April in fiscal year 2004, one and four-tenths cents

($0.014) shall be available for general revenue. For the months of May through June in fiscal year

2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,

until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006

through fiscal year 2009 one cent ($0.01) shall be available for general revenue.

     (2) All deposits and transfers of funds made by the tax administrator under this section

shall be appropriated annually, including those to the Rhode Island public transit authority

department of transportation, the department of human services, the Rhode Island turnpike and

LC002917 - Page 8 of 28

bridge authority, and the general fund and such deposits and transfers, shall be made within twenty-

four (24) hours of receipt or previous deposit of the funds in question.

     (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of

Transportation executive director of the Rhode Island department of transportation, subject to

annual appropriation of funds by the general assembly, is authorized to remit, on a monthly or less

frequent basis as shall be determined by the Director of the Rhode Island Department of

Transportation executive director of the Rhode Island department of transportation, or his or her

designee, or at the election of the Director of the Rhode Island Department of Transportation

executive director of the Rhode Island department of transportation, with the approval of the

Director of the Department of Administration, to an indenture trustee, administrator, or other third

party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in

order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and

Enactment Approving the Financing of Various Department of Transportation Projects adopted

during the 2003 session of the General Assembly, and approved by the Governor.

     (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred

to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital

expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a

toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to

remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing

transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments

thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution

set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any

other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly

authorized to issue bonds and notes previously authorized under said Joint Resolution for the

purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet

River Bridge and the termination thereof.

     (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund

shall be dedicated to the department of transportation, subject to annual appropriation by the general

assembly. The director of transportation executive director of the Rhode Island department of

transportation shall submit to the general assembly, budget office and office of the governor

annually an accounting of all amounts deposited in and credited to the fund together with a budget

for proposed expenditures for the succeeding fiscal year in compliance with §§ 35-3-1 and 35-3-4.

On order of the director of transportation executive director of the Rhode Island department of

transportation, the state controller is authorized and directed to draw his or her orders upon the

LC002917 - Page 9 of 28

general treasurer for the payments of any sum or portion of the sum that may be required from time

to time upon receipt of properly authenticated vouchers.

     (c) At any time the amount of the fund is insufficient to fund the expenditures of the

department of transportation, not to exceed the amount authorized by the general assembly, the

general treasurer is authorized, with the approval of the governor and the director of administration,

in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for

the purposes specified in this section, any funds of the state not specifically held for any particular

purpose. However, all the advances made to the fund shall be returned to the general fund

immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the

extent of the advances.

     (d) Notwithstanding any other provisions of law to the contrary, commencing July 1, 2023,

subject to annual appropriation of funds by the general assembly, no less than ten and seventy-five

hundredths cents ($0.1075) shall be allocated to the operating and capital uses specific to

intermodal transportation systems.

     SECTION 3. Section 36-8-1 of the General Laws in Chapter 36-8 entitled "Retirement

System — Administration" is hereby amended to read as follows:

     36-8-1. Definition of terms.

     The following words and phrases as used in chapters 8 to 10 of this title unless a different

meaning is plainly required by the context, shall have the following meanings:

     (1) "Accumulated contributions" shall mean the sum of all the amounts deducted from the

compensation of a member and credited to his or her individual pension account.

     (2) "Active member" shall mean any employee of the state of Rhode Island as defined in

this section for whom the retirement system is currently receiving regular contributions pursuant to

§§ 36-10-1 and 36-10-1.1.

     (3) "Actuarial equivalent" shall mean an allowance or benefit of equal value to any other

allowance or benefit when computed upon the basis of the actuarial tables in use by the system.

     (4) "Annuity reserve" shall mean the present value of all payments to be made on account

of any annuity, benefit, or retirement allowance granted under the provisions of chapter 10 of this

title computed upon the basis of such mortality tables as shall be adopted from time to time by the

retirement board with regular interest.

     (5)(a) "Average compensation" for members eligible to retire as of September 30, 2009

shall mean the average of the highest three (3) consecutive years of compensation, within the total

service when the average compensation was the highest. For members eligible to retire on or after

October 1, 2009, "Average compensation" shall mean the average of the highest five (5)

LC002917 - Page 10 of 28

consecutive years of compensation within the total service when the average compensation was the

highest.

     (b) For members who become eligible to retire on or after July 1, 2012, if more than one-

half (½) of the member’s total years of service consist of years of service during which the member

devoted less than thirty (30) business hours per week to the service of the state, but the member’s

average compensation consists of three (3) or more years during which the member devoted more

than thirty (30) business hours per week to the service of the state, such member’s average

compensation shall mean the average of the highest ten (10) consecutive years of compensation

within the total service when the average compensation was the highest; provided however,

effective July 1, 2015, if such member’s average compensation as defined in subsection (a) Above

is equal to or less than thirty-five thousand dollars ($35,000), such amount to be indexed annually

in accordance with § 36-10-35(h)(1)(B), such member’s average compensation shall mean the

greater of: (i) The average of the highest ten (10) consecutive years of compensation within the

total service when the average compensation was the highest; or (ii) The member’s average

compensation as defined in subsection (a) above. To protect a member’s accrued benefit on June

30, 2012 under this § 36-8-1(5)(b), in no event shall a member’s average compensation be lower

than his or her average compensation determined as of June 30, 2012.

     (6) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement

allowance, or other benefit as provided by chapter 10 of this title.

     (7) "Casual employee" shall mean those persons hired for a temporary period, a period of

emergency or an occasional period.

     (8) "Compensation" as used in chapters 8 — 10 of this title, chapters 16 and 17 of title 16,

and chapter 21 of title 45 shall mean salary or wages earned and paid for the performance of duties

for covered employment, including regular longevity or incentive plans approved by the board, but

shall not include payments made for overtime or any other reason other than performance of duties,

including but not limited to the types of payments listed below:

     (i) Payments contingent on the employee having terminated or died;

     (ii) Payments made at termination for unused sick leave, vacation leave, or compensatory

time;

     (iii) Payments contingent on the employee terminating employment at a specified time in

the future to secure voluntary retirement or to secure release of an unexpired contract of

employment;

     (iv) Individual salary adjustments which are granted primarily in anticipation of the

employee’s retirement;

LC002917 - Page 11 of 28

     (v) Additional payments for performing temporary or extra duties beyond the normal or

regular work day or work year.

     (9) "Employee" shall mean any officer or employee of the state of Rhode Island whose

business time is devoted exclusively to the services of the state, but shall not include one whose

duties are of a casual or seasonal nature. The retirement board shall determine who are employees

within the meaning of this chapter. The governor of the state, the lieutenant governor, the secretary

of state, the attorney general, the general treasurer, and the members of the general assembly, ex

officio, shall not be deemed to be employees within the meaning of that term unless and until they

elect to become members of the system as provided in § 36-9-6, but in no case shall it deem as an

employee, for the purposes of this chapter, any individual who devotes less than twenty (20)

business hours per week to the service of the state, and who receives less than the equivalent of

minimum wage compensation on an hourly basis for his or her services, except as provided in § 

36-9-24. Any commissioner of a municipal housing authority or any member of a part-time state,

municipal or local board, commission, committee or other public authority shall not be deemed to

be an employee within the meaning of this chapter. Pursuant to § 42-13.2-14, individuals employed

by the Rhode Island department of transportation formerly occupying non-union positions within

the Rhode Island public transit authority shall not be deemed employees for pension purposes

pursuant to this title. After July 1, 2023, all non-union employee positions that become vacant shall

be terminated and may be replaced by a state employee position at the department for purposes of

wages, salaries, pensions, fringe benefits, and for purposes of any and all other benefits, and shall

participate in the Rhode Island state employee retirement system pursuant to the provisions of title

36.

     (10) "Full actuarial costs" or "full actuarial value" shall mean the lump sum payable by a

member claiming service credit for certain employment for which that payment is required which

is determined according to the age of the member and the employee’s annual rate of compensation

at the time he or she applies for service credit and which is expressed as a rate percent of the

employee’s annual rate of compensation to be multiplied by the number of years for which he or

she claims service credit as prescribed in a schedule adopted by the retirement board from time to

time on the basis of computation by the actuary. Except as provided in §§ 16-16-7.1, 36-5-3, 36-

9-31, 36-10-10.4, 45-21-53, 36-10-8, 45-21-29, 8-3-16(c), 8-8-10.1(c), 42-28-22.1(d) and 28-30-

18.1(c):

     (i) all service credit purchases requested after June 16, 2009 and prior to July 1, 2012, shall

be at full actuarial value; and

     (ii) all service credit purchases requested after June 30, 2012 shall be at full actuarial value

LC002917 - Page 12 of 28

which shall be determined using the system’s assumed investment rate of return minus one percent

(1%).

     The rules applicable to a service credit purchase shall be the rules of the retirement system

in effect at the time the purchase application is submitted to the retirement system.

     (11) "Funded ratio" shall mean the ratio of the actuarial value of assets to the actuarial

accrued liability consistent with the funding policy of the retirement board as defined in § 36-8-4.

     (12) "Inactive member" shall mean a member who has withdrawn from service as an

employee but who has not received a refund of contributions.

     (13) "Members" shall mean any person included in the membership of the retirement

system as provided in §§ 36-9-1 — 36-9-7.

     (14) "Prior service" shall mean service as a member rendered before July 1, 1936, certified

on his or her prior service certificate and allowable as provided in § 36-9-28.

     (15) "Regular interest" shall mean interest at the assumed investment rate of return,

compounded annually, as may be prescribed from time to time by the retirement board.

     (16) "Retirement allowance" shall mean annual payments for life made after retirement

under and in accordance with chapters 8 to 10 of this title. All allowances shall be paid in equal

monthly installments beginning as of the effective date thereof; provided, that a smaller pro rata

amount may be paid for part of a month where separation from service occurs during the month in

which the application was filed, and when the allowance ceases before the last day of the month.

     (17) "Retirement board" or "board" shall mean the board provided in § 36-8-3 to

administer the retirement system.

     (18) "Retirement system" shall mean the employees’ retirement system of the state of

Rhode Island as defined in § 36-8-2.

     (19) "Service" shall mean service as an employee of the state of Rhode Island as described

in subdivision (9) of this section.

     (20) "Social Security retirement age" shall mean a member’s full retirement age as

determined in accordance with the federal Old Age, Survivors and Disability Insurance Act, not to

exceed age sixty-seven (67).

     (21) "Total service" shall mean prior service as defined above, plus service rendered as a

member on or after July 1, 1936.

     SECTION 4. Sections 39-18-2, 39-18-3 and 39-18-4 of the General Laws in Chapter 39-

18 entitled "Rhode Island Public Transit Authority" are hereby amended to read as follows:

     39-18-2. Authority created — Composition — Terms — Oath — Officers — Quorum

— Compensation — Conflicts of interest.

LC002917 - Page 13 of 28

     (a) There is hereby created a body corporate and politic to be known as the "Rhode Island

public transit authority" (hereinafter "RIPTA").

     (b) The authority shall consist of eight (8) nine (9) members, one of whom shall be the

director of the department of transportation, or his or her designee, who shall serve as an ex officio

member, and seven (7) eight (8) of whom shall be appointed by the governor with the advice and

consent of the senate, with at least one of the seven (7) eight (8) being a regular user of fixed-route

RIPTA transportation and at least one of the seven (7) eight (8) being a person with a disability.

The governor shall achieve a diverse membership in the board and shall give due consideration to

recommendations for nominations from the RIPTA Riders Alliance, the National Federation of the

Blind of Rhode Island, the Gray Panthers of Rhode Island, the Sierra Club of Rhode Island, the

Rhode Island AFL-CIO, the RIPTA Transportation Advisory Committee, the Rhode Island

business community, and the Rhode Island League of Cities and Towns. No one shall be eligible

for appointment unless he or she is a resident of this state.

     (c) Those members of the authority as of the effective date of this act [June 16, 2006] who

were appointed to the authority by members of the board of the general assembly shall cease to be

members of the authority on the effective date of this act [June 16, 2006], and the governor shall

thereupon nominate two (2) members, each of whom shall serve the balance of the unexpired term

of his or her predecessor. Those members of the authority as of the effective date of this act [June

16, 2006] who were appointed to the authority by the governor shall continue to serve the balance

of their current terms. Thereafter, during the month of January in each year, the governor shall

appoint members to succeed the departing members. The newly appointed members shall serve for

a term of three (3) years, commencing on the day they are qualified. In the event of a vacancy

occurring in the membership, the governor, with the advice and consent of the senate, shall appoint

a member for the unexpired term. Any member of the authority shall be eligible for reappointment.

     (d) Each member of the authority, before entering upon his or her duties, shall take an oath

to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in

the office of the secretary of state.

     (e) The authority shall elect one of its members as chairperson, and shall also elect a

secretary and such other officers as it deems necessary.

     (f) Four (4) Five (5) members of the authority shall constitute a quorum. The affirmative

vote of a majority of the members present and voting shall be necessary for any action taken by the

authority. No vacancy in the membership of the authority shall impair the right of a quorum to

exercise all the rights and perform all the duties of the authority.

     (g) The members of the authority shall receive no compensation, but shall be reimbursed

LC002917 - Page 14 of 28

for their actual expenses necessarily incurred in the performance of their duties.

     (h) No member of the authority shall be in the employ of, or own any stock in, or be in any

way directly or indirectly pecuniarily interested in any railroad corporation, bus, or street railway

company; nor shall any member of the authority personally, or through a partner or agent, render

any professional service or make or perform any business contract with or for any company; nor

shall any member of the authority, directly or indirectly, receive a commission, bonus, discount,

present, or reward from any company.

     (i) Members of the authority shall be removable by the governor pursuant to the provisions

of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to

capacity or fitness for the office shall be unlawful.

     (j) The authority shall conduct a training course for newly appointed and qualified members

within six (6) months of their qualification or designation. The course shall be developed by the

general manager of the authority, be approved by the authority, and be conducted by the general

manager of the authority. The authority may approve the use of any authority and/or staff members

and/or individuals to assist with training. The training course shall include instruction in the

following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title

38; and the authority’s rules and regulations. The director of the department of administration shall

be responsible for the enforcement of the provisions of this subsection.

     39-18-3. Purposes of the authority.

     (a) In conformance with chapter 13.2 of title 42, all purposes and powers of the Rhode

Island public transit authority have been transferred to the Rhode Island department of

transportation, including all right, title and interest to any property, real or personal, in the name of

the Rhode Island public transit authority. As successor to such purposes, it It shall be the purposes

of the authority department of transportation to:

     (1) Provide public transit services that meet mobility needs of the people of the state,

including the elderly and disabled;

     (2) Increase access to employment opportunities;

     (3) Connect different modes of public transportation, including rail, air, and water services;

     (4) Promote community design that features public transit services as defining elements of

a community;

     (5) Facilitate energy conservation and efficient energy use in the transportation sector by

providing public transit services; and

     (6) Mitigate traffic congestion and enhance air quality.

     (b) It shall further be the purpose of the authority to own and operate a mass motor bus,

LC002917 - Page 15 of 28

water, or rail passenger transportation system and to manage, to coordinate, and to perform vehicle

maintenance for a state paratransit system. Whenever any operator of a mass motor bus, water, or

rail passenger transportation system files with the public utilities administrator a petition to

discontinue any service, it is the purpose and function of the authority department of transportation

to determine if it is in the public interest to discontinue that service. If it is determined that it is not

in the public interest to discontinue that service, the authority department of transportation is

authorized and empowered to acquire all or any part of the transit property, or any interest therein,

of the system.

     (c) The Rhode Island public transit authority shall continue to exist for the purposes of:

     (1) Providing labor to the Rhode Island department of transportation; and

     (2) Maintaining the pension plan;

     (d) The Rhode Island public transit authority shall transfer to the Rhode Island department

of transportation all supervision and management rights for all Rhode Island public transit authority

union and non-union employees.

     (e) The Rhode Island public transit authority shall take all actions necessary to preserve

any federal funds or federal assistance currently available or expected to become available to the

Rhode Island public transit authority, and all actions shall be taken which are necessary to preserve

any available funds of the state currently available or expected to become available to the Rhode

Island public transit authority for tort liability for acts occurring on or prior to the effective date of

this chapter. The existence of the Rhode Island public transit authority shall continue, and the

Rhode Island public transit authority shall continue to be governed by chapter 18 of this title.

     (f) The Rhode Island public transit authority is hereby authorized to and shall pass such

resolutions, enter into such agreements and do all things deemed useful and necessary by it to

effectuate the transfer of assets to the Rhode Island department of transportation; and the Rhode

Island department of transportation is hereby authorized and may pass such resolutions, enter into

such agreements and do all things useful and necessary by it to effectuate the transfer.

     39-18-4. Powers and duties of the authority.

     (a) The Rhode Island public transit authority is hereby authorized and empowered:

     (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

     (2) To adopt an official seal and alter the seal at pleasure;

     (3) To maintain an office at such place or places within the state as it may designate;

     (4) To sue and be sued in its own name, plead, and be impleaded; provided, however, that

any and all actions against the Rhode Island public transit authority shall be brought only in the

county in which the principal office of the Rhode Island public transit authority shall be located;

LC002917 - Page 16 of 28

     (5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed,

tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes

of the authority, and to lease as lessee or lessor any property, real, personal, or mixed, or any interest

therein, for such term and at such rental as the authority may deem fair and reasonable, and to sell,

transfer, convey, mortgage, or give a security interest in any property, real, personal, or mixed,

tangible or intangible, or any interest therein, at any time acquired by the authority;

     (6) To employ, in its discretion, subject to the approval of the executive director of

transportation, planning, architectural, and engineering members of the Amalgamated Transit

Union Local 618 and 618A and consultants necessary to maintain the pension and address labor

issues, attorneys, accountants, construction, financial, transportation, and traffic experts and

consultants, superintendents, managers, and such other officers, employees, and agents as may be

necessary in its judgment, and to fix their compensation;

     (7) (i) To fix, from time to time, subject to the provisions of this chapter, schedules and

such rates of fare and charges for service furnished or operated as in its judgment are best adopted

to ensure sufficient income to meet the cost of service; provided, however, the authority is not

empowered to operate a passenger vehicle under its control in competition with passenger vehicles

of a private carrier over routes that the private carrier operates pursuant to a certificate of public

convenience and necessity issued to the private carrier by the division of public utilities and

carriers; and provided further that the authority shall not require any person who meets the means-

test criteria as defined by the Rhode Island office of healthy aging and who is either sixty-five (65)

years of age, or over, or who is a person with a disability to pay more than one-half (½) of any fare

for bus rides; provided, however, that under no circumstances shall fares or charges for special

service routes be discounted. Any person who is either sixty-five (65) years of age, or over, or who

is a person with a disability, who does not satisfy the means-test criteria as heretofore provided,

shall only be required to pay one-half (½) of the fare or charge for bus rides during off-peak hours,

but shall not be eligible for a reduction during peak hours. For the purposes of this chapter, "peak

hours," "off-peak hours," and "special service routes" shall be determined annually by the authority.

The authority, in conjunction with the department of human services, shall establish an advisory

committee comprised of seniors/persons with disabilities who are constituent users of the

authority’s services to assist in the implementation of this section;

     (ii) Any person who accompanies and is assisting a person with a disability when the person

with a disability uses a wheelchair shall be eligible for the same price exemptions extended to a

person with a disability by subsection (a)(7)(i). The cost to the authority for providing the service

to the elderly shall be paid by the state;

LC002917 - Page 17 of 28

     (iii) Any person who accompanies and is assisting a passenger who is blind or visually

impaired shall be eligible for the same price exemptions extended to the passenger who is blind or

visually impaired by subsection (a)(7)(i). The cost to the authority for providing the service to the

elderly shall be paid by the state;

     (iv) The authority shall be authorized and empowered to charge a fare for any paratransit

services required by the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., in accordance

with 49 C.F.R. Part 37;

     (8) To borrow money and to issue bonds of the authority for any of its purposes including,

without limitation, the borrowing of money in anticipation of the issuance of bonds or the receipt

of any operating revenues or other funds or property to be received by the authority, and the

financing of property to be owned by others and used, in whole or substantial part, by the authority

for any of its purposes, all as may, from time to time, be authorized by resolution of the authority;

the bonds to contain on their face a statement to the effect that neither the state nor any municipality

or other political subdivision of the state shall be obligated to pay the same or the interest thereon;

     (9) To enter into management contracts for the operation, management, and supervision of

any or all transit properties under the jurisdiction of the authority, and to make and enter into all

contracts and agreements necessary or incidental to the performance of its duties and the execution

of its powers under this chapter;

     (10) Without limitation of the foregoing, to borrow money from, to receive and accept

grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining,

repairing, constructing, and operating of transit property, and to enter into contracts, leases, or other

transactions with any federal agency; and to receive and accept from the state, from any

municipality, or other political subdivision thereof, and from any other source, aid or contributions

of either money, property, labor, or other things of value, to be held, used, and applied only for the

purposes for which the grants and contributions may be made;

     (11) To acquire in the name of the authority, by negotiated purchase or otherwise, on such

terms and conditions and in such manner as it may deem proper, or by the exercise of the power of

condemnation to the extent only and in the manner as provided in this chapter, public and private

lands, including public parks, playgrounds or reservations, or parts thereof, or rights therein, rights-

of-way, property rights, easements, and interests as it may deem necessary for carrying out the

provisions of this chapter; provided, however, that all public property damaged in carrying out the

powers granted by this chapter shall be restored or repaired and placed in its original condition as

nearly as practicable;

     (12) To contract with any municipality, public or private company or organization,

LC002917 - Page 18 of 28

whereby the authority will receive a subsidy to avoid discontinuance of service, and each

municipality within the state is hereby authorized to make and enter into such contracts and to

make, grant, or give to the Rhode Island public transit authority a subsidy in such amount and for

such period of time as it may deem advisable; and

     (13) To operate open-door service from Rhode Island to and from locations in

Massachusetts and Connecticut that are within five (5) miles of the Rhode Island border; and.

     (14) To do all things necessary, convenient, or desirable to carry out the purposes of this

chapter.

     (b) To effectuate the purposes of this chapter the authority shall have the following duties:

     (1) To participate in and contribute to transportation planning initiatives that are relevant

to the purposes of the authority;

     (2) To plan, coordinate, develop, operate, maintain, and manage a statewide public transit

system consistent with the purposes of the authority, including plans to meet demands for public

transit where such demand, current or prospective, exceeds supply and/or availability of public

transit services;

     (3) To work with departments, agencies, authorities, and corporations of federal, state, and

local government, public and private institutions, businesses, nonprofit organizations, users of the

system, and other entities and persons to coordinate public transit services and provide a seamless

network of mobility options.

     SECTION 5. Section 39-18.1-5 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:

     39-18.1-5. Allocation of funds.

     (a) The monies in the highway maintenance fund to be directed to the department of

transportation pursuant to § 39-18.1-4(b)(1) — (b)(3) shall be allocated through the transportation

improvement program process to provide the state match for federal transportation funds, in place

of borrowing, as approved by the state planning council. The expenditure of moneys in the highway

maintenance fund shall only be authorized for projects that appear in the state’s transportation

improvement program.

     (b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the

department of transportation will allocate necessary funding to programs that are designed to

eliminate structural deficiencies of the state’s bridge, road, and maintenance systems and

infrastructure.

     (c) Provided, further, that beginning July 1, 2015, five percent (5%) of available proceeds

in the Rhode Island highway maintenance account shall be allocated annually, subject to the

LC002917 - Page 19 of 28

appropriation of funds by the general assembly, to the Rhode Island public transit authority for

operating expenditures operation of public transit services.

     (d) Provided, further, that from July 1, 2017, and annually thereafter, in addition to the

amount above, the Rhode Island public transit authority shall receive operation of public transit

services shall be allocated, subject to the appropriation of funds by the general assembly, an amount

of not less than five million dollars ($5,000,000) each fiscal year, except for the period July 1, 2019,

through June 30, 2022, during which such amount or a portion thereof may come from federal

coronavirus relief funds.

     (e) Provided, further, that the Rhode Island public transit authority shall convene a

coordinating council consisting of those state agencies responsible for meeting the needs of low-

income seniors and persons with disabilities, along with those stakeholders that the authority deems

appropriate and are necessary to inform, develop, and implement the federally required coordinated

public transit human services transportation plan.

     The council shall develop, as part of the state’s federally required plan, recommendations

for the appropriate and sustainable funding of the free-fare program for low-income seniors and

persons with disabilities, while maximizing the use of federal funds available to support the

transportation needs of this population.

     The council shall report these recommendations to the governor, the speaker of the house

of representatives, and the president of the senate no later than November 1, 2018.

     SECTION 6. Sections 42-13-1 and 42-13-2 of the General Laws in Chapter 42-13 entitled

"Department of Transportation" are hereby amended to read as follows:

     42-13-1. Establishment — Head of departments — Powers.

     (a)(1) There shall be a department of transportation. The head of the department shall be

the director of transportation, appointed by the governor with the advice and consent of the senate,

who shall carry out the provisions of this chapter and, except as otherwise provided by this title,

the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24; chapter 13 of title 31;

chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public

works and the department of public works, the Rhode Island turnpike and bridge authority, and the

council on highway safety. The director shall also be responsible for preparation of short-range

plans, project plans, and implementation programs for transportation; for port and waterways

facilities where the principal purpose is transportation and management of port properties,

warehouses, and state piers which function primarily as transportation facilities; and for

maintaining an adequate level of rail passenger and freight services, including the administration

of any financial or technical assistance which may be made available to operators of railroad

LC002917 - Page 20 of 28

transportation facilities; provided, however, that all contracts for the construction, reconstruction,

maintenance, and repairs of all public roads and bridges, public buildings and all other properties

of the state government, and the purchase of all equipment, materials, and supplies used in

accordance therewith shall be negotiated by the purchasing agent in the department of

administration.

     (2) There shall also be an executive director of transportation, appointed by the governor

with the advice and consent of the senate, who shall carry out the provisions of chapter 13.2 of this

title.

     (b) The director shall adopt and promulgate state regulations which will set standards for

future state, city and town construction and maintenance of sidewalks and curbs, in a manner which

will make the use of the sidewalks more easily accessible to people who are disabled. Said standards

shall require the installation of curb cuts and/or ramps at both ends of any pedestrian crosswalk.

     The director shall adopt and promulgate a procedure to process all claims pursuant to § 

24-8-35, for damages to motor vehicles caused by potholes on state highways and in all instances

have the final determination as to the merits of each claim.

     (c) The director shall promulgate and adopt regulations which will prohibit any contractors

who have been convicted of fraud, bid-rigging, or a violation of any state or federal antitrust law

from bidding on any construction projects administered by the department for a period of five (5)

years from the date of any of the above convictions.

     42-13-2. Organization and functions of the department.

     (a) The department shall be organized in accordance with a project management-based

program and shall utilize an asset management system.

     (1) A project management-based program manages the delivery of the department’s

portfolio of transportation improvement projects from project conception to the project completion.

Project management activities include:

     (i) Managing and reporting on the delivery status of portfolio projects;

     (ii) Developing overall workload and budget for the portfolio;

     (iii) Developing and implementing the tools to estimate the resources necessary to deliver

the projects; and

     (iv) Developing and implementing processes and tools to improve the management of the

projects.

     (2) Asset management is the process used for managing transportation infrastructure by

improving decision making for resource allocation. Asset management activities include a systemic

process based on economic, engineering, and business principles which includes the following

LC002917 - Page 21 of 28

functions:

     (i) Completing a comprehensive inventory of system assets;

     (ii) Monitoring system performance; and

     (iii) Performing analysis utilizing accurate data for managing various assets within the

transportation network.

     (b) The executive director of transportation shall appoint a chief operating officer to

oversee the day-to-day operations of the department an assistant executive director of transportation

and operations; an assistant executive director of transit and transportation alternatives; an assistant

executive director of transportation, maintenance and chief engineer; an assistant executive director

of external affairs; an assistant executive director for legal and administrative services; and such

other assistant executive directors as may, from time to time, be required.

     (c) The department shall be organized into such divisions as are described in this section

and such other divisions, subdivisions, and agencies as the director shall find are necessary to carry

out the responsibilities of the department, including: division of finance; division of planning;

division of project management; division of operations and maintenance; office of civil rights;

office of safety; office of external affairs; office of legal; office of personnel; office of information

services.

     (d) The executive director may assign such other responsibilities as he or she shall find

appropriate and may reassign functions other than as set out in this section if he or she finds the

reassignment necessary to the proper and efficient functioning of the department or of the state’s

transportation system.

     (e) The department shall submit a report annually no later than March 31 to the speaker of

the house, the president of the senate, and the house and senate fiscal advisors concerning the status

of the ten-year (10) transportation plan.

     (f) Any functions, duties, and staff relating to the Rhode Island department of

transportation’s external audit section shall be transferred to the Rhode Island department of

administration’s office of internal audit, or its successor, upon passage [Feb. 11, 2016].

     (1) The chief of the office of internal audit, or its successor, who shall be the administrative

head of the office of internal audit, or its successor, shall supervise, coordinate, and/or conduct

audits, civil and administrative investigations, and inspections or oversight reviews, when

necessary, relating to programs and operations listed in § 42-13-2.

     (2) The office of internal audit’s (or its successor’s) authorization shall include, but not be

limited to, evaluating the efficiency of operations and internal controls, preventing and detecting

fraud, waste, abuse or mismanagement in the expenditure of public funds, whether state, federal or

LC002917 - Page 22 of 28

those revenues collected by the use of tolls and related to any and all transportation-related

programs and operations as well as the procurement of any supplies, services, or construction, by

the department of transportation or related institutions of the department of transportation.

Investigations may include the expenditures by nongovernmental agencies of federal, state, and

local public funds. As deemed necessary or expedient by the office of internal audit, or its

successor, audits may be made relative to the financial affairs or the economy and efficiency of

management of the department of transportation or related institutions.

     SECTION 7. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department

of Administration" is hereby amended to read as follows:

     42-11-10. Statewide planning program.

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

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

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

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

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

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

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

programs of the federal government.

     (b) Establishment of statewide planning program.

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

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

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

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

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

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

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

within the department of administration.

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

     (1) Establishing or identifying general goals;

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

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

objectives;

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

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

LC002917 - Page 23 of 28

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

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

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

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

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

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

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

applicable strategic plans; and

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

revisions necessary to achieve established goals.

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

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

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

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

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

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

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

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

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

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

budgeting process.

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

following members:

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

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

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

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

     (5) The chairperson of the housing resources commission;

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

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

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

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

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

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

LC002917 - Page 24 of 28

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

community with a population less than 20,000 persons;

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

appointed by the governor;

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

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

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

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

economic development organization;

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

advocacy organizations, both to be appointed by the governor;

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

     (14) The executive director of the department of transportation;

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

     (16) The director of the department of health;

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

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

     (19) The chief executive officer most senior officer of the Rhode Island public transit

authority;

     (20) The executive director of Rhode Island housing;

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

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

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

the following powers and duties:

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

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

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

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

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

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

comprehensive planning and land use regulation act";

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

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

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

LC002917 - Page 25 of 28

planning program;

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

jurisdiction as established by this section and amendments to it;

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

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

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

committees:

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

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

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

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

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

matter referred to it by the council; and

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

information system with oversight responsibility for its activities; and

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

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

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

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

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

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

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

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

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

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

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

state as appropriate;

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

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

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

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

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

     (g) Division of statewide planning.

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

LC002917 - Page 26 of 28

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

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

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

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

any other duties established by this section and amendments thereto.

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

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

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

public.

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

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

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

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

associated database.

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

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

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

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

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

elements thereby.

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

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

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

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

     SECTION 8. This act shall take effect on July 1, 2023.

========

LC002917

========

LC002917 - Page 27 of 28

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

TRANSPORTATION AND TRANSIT ACT

***

     This act would authorize the Rhode Island department of transportation to efficiently

operate a single, integrated intermodal transportation system and to address unrealized funding

opportunities.

     This act would take effect on July 1, 2023.

========

LC002917

========

LC002917 - Page 28 of 28