ARTICLE 28 SUBSTITUTE A AS AMENDED

RELATING TO RESTRICTED RECEIPT ACCOUNTS

SECTION 1. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled "Department of Mental Health, Retardation, and Hospitals" is hereby amended to read as follows:

40.1-1-13. Powers and duties of the office. -- Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of mental health, retardation, and hospitals shall have the following powers and duties:

(1) To establish and promulgate the overall plans, policies, objectives, and priorities for state substance abuse education, prevention and treatment; provided, however, that the director shall obtain and consider input from all interested state departments and agencies prior to the promulgation of any such plans or policies;

(2) Evaluate and monitor all state grants and contracts to local substance abuse service providers;

(3) Develop, provide for, and coordinate the implementation of a comprehensive state plan for substance abuse education, prevention and treatment;

(4) Ensure the collection, analysis, and dissemination of information for planning and evaluation of substance abuse services;

(5) Provide support, guidance, and technical assistance to individuals, local governments, community service providers, public and private organizations in their substance abuse education, prevention and treatment activities;

(6) Confer with all interested department directors to coordinate the administration of state programs and policies that directly affect substance abuse treatment and prevention;

(7) Seek and receive funds from the federal government and private sources in order to further the purposes of this chapter;

(8) Act in the capacity of "state substance abuse authority" as that term has meaning for coordination of state substance abuse planning and policy and as it relates to requirements set forth in pertinent federal substance abuse laws and regulations;

(9) Propose, review and/or approve, as appropriate, proposals, policies or plans involving insurance and managed care systems for substance abuse services in Rhode Island;

(10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual relationships and memoranda of agreement as necessary for the purposes of this chapter;

(11) To license facilities and programs for the care and treatment of substance abusers, and for the prevention of substance abuse;

(12) To promulgate rules and regulations necessary to carry out the requirements of this chapter;

(13) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this chapter; and

(14) To exercise the authority and responsibilities relating to education, prevention and treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter 1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter 21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and section 35-4-18.

(15) To establish a Medicare Part D restricted receipt account in the Hospitals and Community Rehabilitation Services program to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent with the purposes of this chapter.

(16) To establish a RICLAS Group Home Operations restricted receipt account in the services for the developmentally disabled program to receive and expend rental income from RICLAS group clients for group home-related expenditures, including food, utilities, community activities, and the maintenance of group homes.

SECTION 2. Section 42-14-9 of the General Laws in Chapter 42-14 entitled "Department of Business Regulation" is hereby amended to read as follows:

42-14-9. Payment of expenses -- Fees. -- (a) The general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salary of the administrator of banking and insurance, for the payment of the salaries of his or her deputies and for the payment of the clerical and other assistance, office and traveling expenses of the administrator of banking and insurance, his or her deputies and assistants, and the state controller is hereby authorized and directed to draw his or her orders for the payment of those sums, or so much of them as may from time to time be required, upon receipt by him or her of proper vouchers, approved by the director of business regulation. All fees, charges for examinations and other collections received by him or her as administrator of banking, insurance, and securities shall be paid to the general treasurer for the use of the state.

(b) Reimbursements.

(1) Certain operational costs of the department of business regulation are eligible for reimbursement from third parties, including, but not limited to, costs of licensing, and shall also include the following expenses:

(i) All reasonable technology costs related to the examination and licensing process. Technology costs shall include the actual cost of software and hardware utilized in the licensing process and the cost of training personnel in the proper use of the software or hardware.

(ii) All necessary and reasonable education and training costs incurred by the state to maintain the proficiency and competence of the examining and licensing personnel. All these costs shall be incurred in accordance with appropriate state of Rhode Island regulations, guidelines and procedures.

(iii) All revenues collected pursuant to this section shall be deposited as restricted receipts.

(2) There is created within the general fund a restricted receipt account to be known as the "banking division reimbursement account". All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of section 42-14-9(b). All funds received for the securities division pursuant to section 42-14-9(b) shall be deposited in the securities division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.

(3) There is created within the general fund a restricted receipt account to be known as the "banking division office of the health insurance commissioner reimbursement account". All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of section 42-14-9(b) that relate to reimbursements. All funds received for the banking division health insurance commissioner pursuant to section 42-14-9(b) shall be deposited in the banking division office of the health insurance commissioner reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.

(4) There is created within the general fund a restricted receipt account to be known as the "securities division reimbursement account". All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of section 42-14-9(b) that relate to reimbursements. All funds received for the securities division pursuant to section 42-14-9(b) shall be deposited in the securities division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.

(5) There is created within the general fund a restricted receipt account to be known as the "commercial licensing and racing and athletics division reimbursement account". All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of section 42-14-9(b) that relate to reimbursements. All funds received for the commercial licensing and racing and athletics division pursuant to section 42-14-9(b) shall be deposited in the commercial licensing and racing and athletics division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.

(6) There is created within the general fund a restricted receipt account to be known as the "insurance division reimbursement account". All funds in the account shall be utilized by the department of business regulation to effectuate the provisions of section 42-14-9(b) that relate to reimbursements. All funds received for the insurance division pursuant to section 42-14-9(b) shall be deposited in the insurance division reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of business regulation.

SECTION 3. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended to read as follows:

35-4-27. Indirect cost recoveries on restricted receipt accounts. -- 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 non-profit 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:

Department of Human Services

Veterans' home -- Restricted account

Veterans' home -- Resident benefits

Organ transplant fund

Veteran's Cemetery Memorial Fund

Department of Health

Pandemic medications and equipment account

Department of Mental Health, Retardation and Hospitals

Hospital Medicare Part D Receipts

RICLAS Group Home Operations

Department of Environmental Management

National heritage revolving fund

Environmental response fund II

Underground storage tanks

Rhode Island Council on the Arts

Art for public facilities fund

Rhode Island Historical Preservation and Heritage Commission

Historic preservation revolving loan fund

Historic Preservation loan fund -- Interest revenue

State Police

Forfeited property -- Retained

Forfeitures -- Federal

Forfeited property -- Gambling

Donation -- Polygraph and Law Enforcement Training

Attorney General

Forfeiture of property

Federal forfeitures

Attorney General multi-state account

Department of Administration

Restore and replacement -- Insurance coverage

Convention Center Authority rental payments

Investment Receipts -- TANS

Car Rental Tax/Surcharge-Warwick Share

OPEB System Restricted Receipt Account

Legislature

Audit of federal assisted programs

Department of Elderly Affairs

Pharmaceutical Rebates Account

Affordable Energy fund

Department of Children Youth and Families

Children's Trust Accounts -- SSI

Military Staff

RI Military Family Relief Fund

Treasury

Admin. Expenses -- State Retirement System

Retirement -- Treasury Investment Options

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.

SECTION 4. Sections 23-13-13 and 23-13-14 of the General Laws in Chapter 23-13 entitled “Maternal and Child Health Services for Children with Special Health Care Needs” are hereby amended to read as follows:

23-13-13. Testing for hearing impairments. – (a) It is declared to be the public policy of this state that every newborn infant be evaluated by procedures approved by the state department of health for the detection of hearing impairments, in order to prevent many of the consequences of these disorders. No hearing impairment test shall be made as to any newborn infant if the parents of that child object to the test on the grounds that a hearing impairment test would conflict with their religious tenets or practices.

   (b) The physician attending a newborn child shall cause the child to be subject to hearing impairment tests as described in department of health regulations.

   (c) In addition, the department of health is authorized to establish by rules and regulations a reasonable fee structure for hearing impairment testing to cover program costs not otherwise covered by federal grant funds specifically secured for this purpose. This testing shall be a covered benefit reimbursable by all health insurers, as defined in § 27-38-6 [repealed] except for supplemental policies that only provide coverage for specific diseases, hospital indemnity, Medicare supplement, or other supplemental policies. The department of human services shall pay for hearing impairment testing when the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. In the absence of a third party payor the charges for hearing impairment testing shall be paid by the hospital or other health care facility where the birth occurred. Nothing in this section shall preclude the hospital or health care facility from billing the patient directly. Those fees shall be deposited into the general fund as general revenues. a restricted receipt account entitled the “newborn screening account”.

   (d) There is created a hearing impairments testing advisory committee which shall advise the director of the department of health regarding the validity and cost of testing procedures. That advisory committee shall:

   (1) Meet at least four (4) times per year;

   (2) Be chaired by the director or his or her designee;

   (3) Be composed of seven (7) members appointed by the director from the following professions or organizations:

   (i) A representative of the health insurance industry;

   (ii) A pediatrician, designated by the R.I. chapter of the American Academy of Pediatrics;

   (iii) An audiologist, designated by the R.I. chapter of the American Speech and Hearing Association;

   (iv) Two (2) representatives of hospital neonatal nurseries;

   (v) A representative of special education designated by the department of elementary and secondary education; and

   (vi) The director of health or his or her designee.

23-13-14. Newborn screening program. – (a) The physician attending a newborn child shall cause that child to be subject to newborn screening tests for metabolic, endocrine, and hemoglobinopathy disorders, and other conditions including assessment for developmental risk. The department of health shall make rules and regulations pertaining to metabolic disease screenings, diagnostic, and treatment services as accepted medical practice shall indicate. The provisions of this section shall not apply if the parents of the child object to the tests on the grounds that those tests conflict with their religious tenets and practices.

   (b) In addition, the department of health is authorized to establish by rule and regulation a reasonable fee structure for the newborn screening and disease control program, which includes but is not limited to screening, diagnostic, and treatment services. The program shall be a covered benefit and be reimbursable by all health insurers, as defined in § 27-38.2-2(1), providing health insurance coverage in Rhode Island except for supplemental policies which only provide coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental policies. The department of human services shall pay for the program where the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. The charges for the program shall be borne by the hospitals or other health-care facilities where births occur in the absence of a third-party payor. Nothing in this section shall preclude the hospital or health care facility from billing the patient directly. Those fees shall be deposited into the general fund as general revenues.

(c) There is created within the general fund a restricted receipt account to be known as the “newborn screening account” to implement the provisions of § 23-13-13 and § 23-13-14. All funds received pursuant to § 23-13-13 and § 23-13-14 shall be deposited in the account. Funding dedicated exclusively to implement the provisions of § 23-13-13 and § 23-13-14 and received by the department of health from sources other than those identified in § 23-13-13 and § 23-13-14 may also be deposited in the newborn screening account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.

SECTION 5. Section 23-82-5 of the General Laws in Chapter 23-82 entitled "Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as follows:

23-82-5. Sale of allowances. -- (a) The department shall provide in its regulations that one hundred percent (100%) of all allowances issued under the program in the state of Rhode Island shall be sold. A de minimus portion of allowances may be set aside to support the voluntary renewable energy provisions of the regional greenhouse gas initiative model rule.

(b) The department's regulations shall specify the mechanism for sale of allowances, including authorizing the state to make use of any voluntary regional organizations, structures or mechanisms available to states implementing a program of this type, provided that any sale of allowances must be public, competitive and open to all who wish to participate.

(c) The department may engage an independent contractor, consumer trustee or other entity experienced in sale or auction design and management, including a regional entity engaged by multiple states to conduct regional sales or auctions, who is determined by the department, in consultation with the office, to be qualified to conduct auctions or sales in a manner that assures the efficiency of the auctions or sales. The selection of any independent contractor, consumer trustee or other entity shall be done in accordance with applicable procedures of the division of purchases.

(d) The department shall annually convey one hundred percent (100%) of all carbon allowances established pursuant to this section to the selected independent contractor, consumer trustee or other entity who shall be authorized to receive, hold and sell allowances for the long-term benefit of consumers. The selected independent contractor, consumer trustee or other entity shall conduct the auction or sale, collect the auction proceeds and shall, without further appropriation, distribute upon receipt, transfer to the office the proceeds of the auction or sale to be distributed in accordance with section 23-82-6, under the oversight of the department.

(e) The department shall require an annual report from the independent contractor, consumer trustee or other entity conducting the auction or sale describing the auction or sale and its results. The report shall be made public and shall also be submitted to the general assembly.

(f) All proceeds collected from the auction or sale of allowances pursuant to this section shall be deposited as restricted receipts.

SECTION 6. 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:

39-2-1.2. Utility base rate -- Advertising, demand side management and renewables. -- (a) In addition to costs prohibited in section 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, which 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, which 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, 2003, and for a period of ten (10) years thereafter, each electric distribution company shall include charges of 2.0 mills per kilowatt-hour delivered to fund demand side management programs and 0.3 mills per kilowatt-hour delivered to fund renewable energy programs. Existing charges for these purposes and their method of administration shall continue through December 31, 2002. Thereafter, the electric distribution company shall establish and after July 1, 2007, maintain two (2) separate accounts, one for demand side management programs, which shall be 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 office of energy resources through June 30, 2007, and effective July 1, 2007, shall be held and disbursed by the distribution company as directed by the commissioner of the office of energy resources, with the approval, if appropriate, of the trustees of the renewable energy development fund, for the purposes of developing, promoting and supporting renewable energy programs.

During the ten (10) year period the commission may, in its discretion, after notice and public hearing, increase the sums for demand side management and renewable resources; thereafter, 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 shall seek to secure for the state an equitable and reasonable portion of renewable energy credits or certificates created by projects funded through those programs, and shall develop and execute by July 1, 2007, a plan to make the program self-sustaining as of January 1, 2013. As used in this section, "renewable energy resources" shall mean: (1) power generation technologies as defined in section 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, so long as these technologies are installed on housing projects that have been certified by the executive director of the Rhode Island housing and mortgage finance corporation as serving low-income Rhode Island residents. Fuel cells may be considered an energy efficiency technology to be included in demand sided 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.

(c) The commissioner of the office of energy resources is authorized and may enter into a contract through a competitive bid with a contractor for the cost effective administration of the renewable energy programs funded by this section. The director shall initiate the competitive bid process by the issuance and advertisement of specifications and request for proposals, on or before September 1, 2002. The contract resulting from the competitive bid process shall be awarded to become effective for a three (3) year period commencing no later than January 1, 2003. A competitive bid and contract award for administration of the renewable energy programs may occur every three (3) years thereafter, and shall include as a condition that after July 1, 2007 the account for the renewable energy programs shall be maintained by the distribution company as provided for in subdivision (b) above and, with With the approval of the commissioner of the office of energy resources and the trustees of the renewable energy development fund, the renewable energy program may be administered by the economic development corporation. Costs incurred by the office of energy resources in the administration and support of the renewable energy program shall be reimbursed from the proceeds of charges established in subdivision (b) above. All funds collected for this purpose by the office shall be deposited as restricted receipts.

(d) Effective January 1, 2007, and for a period of seven (7) years thereafter, each gas distribution company shall include, with the approval of the commission, a charge of up to fifteen cents ($0.15) per deca therm delivered to demand side management programs, 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.

(e) The gas company shall establish a separate account for demand side management programs, which shall be 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 commissions and that are designed to achieve cost-effectiveness and high life-time savings of efficiency measures supported by the program.

(f) The commission may, if reasonable and feasible, except from this demand side management change:

(i) gas used for distribution generation; and

(ii) 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.

(g) 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.

(h) Effective January 1, 2007, the commission shall allocate from demand-side management gas and electric funds authorized pursuant to this section 39-2-1.2, an amount not to exceed two percent (2%) of such funds on an annual basis for the retention of expert consultants, and reasonable administrations costs of the energy efficiency and resources management council associated with planning, management, and evaluation of energy efficiency programs, renewable energy programs and 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.

(i) All revenues collected as provided in subsection (h) above shall be transferred to the office on a monthly basis and deposited as restricted receipts.

SECTION 7. Section 39-26-7 of the General Laws in Chapter 39-26 entitled "Renewable Energy Standard" is hereby amended to read as follows:

39-26-7. Renewable energy development fund. -- (a) There is hereby authorized and created within the economic development corporation a renewable energy development fund for the purpose of increasing the supply of NE-GIS certificates available for compliance in future years by obligated entities with renewable energy standard requirements, as established in this chapter. The fund shall be located at and administered by the Rhode Island economic development corporation and shall have a board of trustees of five (5) members as follows: the executive director of the economic development corporation, who shall be chairperson; the director of the department of administration or a designee of the director; the administrator of the division of public utilities; and two (2) public members appointed by the governor with advice and consent of the senate, who shall serve terms of three (3) years; provided, however, that no public members may serve more than two (2) consecutive (3) three year terms. One of the public members shall be a representative of an organization that advocates for renewable energy development. Each member shall hold office for the term appointed and until the member's successor shall have been duly appointed and qualified, or until the member's earlier death, resignation or removal. Members of the board of trustees of the fund shall receive no compensation for the performance of their duties, but may be reimbursed for reasonable expenses incurred in carrying out those duties. The board of trustees shall recommend to the economic development corporation:

(1) Plans and guidelines for the management and use of the fund, and

(2) Its evaluation of proposals and/or actions to obligate, use and/or sell, dispose, trade or exchange assets held by the fund. The board of trustees shall have the power to adopt, with the approval of the economic development corporation, such by-laws as may be necessary or convenient for the conduct of its affairs.

(b) The economic development corporation shall enter into agreements with obligated entities to accept alternative compliance payments, consistent with rules of the commission and the purposes set forth in this section; and alternative compliance payments received pursuant to this section shall be trust funds to be held and applied solely for the purposes set forth in this section.

(c) The uses of the fund shall include but not be limited to:

(1) Stimulating investment in renewable energy development by entering into agreements, including multi-year agreements, for renewable energy certificates;

(2) Issuing assurances and/or guarantees to support the acquisition of renewable energy certificates and/or the development of new renewable energy sources for Rhode Island;

(3) Establishing escrows, reserves, and/or acquiring insurance for the obligations of the fund;

(4) Paying administrative costs of the fund incurred by the economic development corporation, or the board of trustees, or the office of energy resources, not to exceed ten percent (10%) of the income of the fund, including, but not limited to, alternative compliance payments. All funds transferred from the economic development corporation to support the office of energy resources' administrative costs shall be deposited as restricted receipts.

(d) NE-GIS certificates acquired through the fund may be conveyed to obligated entities or may be credited against the renewable energy standard for the year of the certificate provided that the commission assesses the cost of the certificates to the obligated entity, or entities, benefiting from the credit against the renewable energy standard, which assessment shall be reduced by previously made alternative compliance payments and shall be paid to the fund.

(e) The trustees, in cooperation and concurrence with the commissioner of the office of energy resources, consistent with rules as may be adopted by the commission, develop an integrated plan and strategy, by July 1, 2007, for stimulating the development of and financing eligible renewable energy resources.

SECTION 8. Section 42-140-4 of the General Laws in Chapter 42-140 entitled "Rhode Island Energy Resources Act" is hereby amended to read as follows:

42-140-4. Commissioner. -- (a) There shall be a commissioner of energy resources, who shall be appointed by the governor with the advice and consent of the senate. The commissioner shall be the director of the office of energy resources and shall have all such powers, consistent with law, as are necessary and/or convenient to effectuate the purposes of the office and administer its functions. The commissioner shall have authority to exercise all of the powers and duties heretofore exercised by the head of the state energy office. In the performance of the duties set forth in this paragraph, the commissioner shall consult with the energy efficiency and resources management council established pursuant to chapter 42-140.1.

(b) The commissioner shall have authority to apply for, receive, and administer grants and funds from the federal government and all other public and private entities to accomplish the purposes of the office.

(1) (c) All revenues collected by the office from public and private entities, including, but not limited to, demand side management grants from public utilities, shall be deposited as restricted receipts.

(c) (d) The commissioner shall have authority to serve as executive secretary of the governor's technical assistance committee, established by section 42-60-4, and shall provide such staff and technical support to the technical assistance committee as the technical assistance committee may require, and shall have authority to carry out any duties assigned to the office by the governor in the event of a declaration of a state energy crisis as authorized under chapter 42-60 relating to energy crisis management.

SECTION 9. Sections 23-1-44 and 23-1-45 of the General Laws in Chapter 23-1 entitled "Department of Health" are hereby amended to read as follows:

23-1-44. Routine childhood and adult immunization vaccines. – (a) The department of health shall include in the department's immunization program those vaccines for routine childhood immunization as recommended by the advisory committee for immunization practices (ACIP) and the academy of pediatrics (AAP), and for adult influenza immunization as recommended by the ACIP, to the extent permitted by available funds. The childhood immunization program includes administrative and quality assurance services and KIDSNET, a confidential, computerized child health information system that is used to manage statewide immunizations, as well as other public health preventive services, for all children in Rhode Island from birth through age 18.

(b) The director of the department of health shall appoint an advisory committee that will be convened after the ACIP makes a recommendation regarding adult immunization. The committee will review the ACIP recommendations for the state, assess the vaccine cost and feasibility, and advise the director of health and the office of the health insurance commissioner regarding insurers and providers acting on the ACIP adult immunization recommendation. All recommendations will be posted on the department of health website. The advisory committee membership shall include, but not be limited to, a primary care provider, pharmacist, representatives of the nursing home industry, the home health care industry and major insurers.

23-1-45. Immunization account. – (a) There is created within the general fund a restricted receipt account to be known as the "childhood immunization account". All money in the account shall be utilized by the department of health to effectuate the provisions of § 23-1-44 that relate to the childhood immunization program. All money received pursuant to §§ 23-1-46 and 23-1-47 for the childhood immunization program shall be deposited in the childhood immunization account. Funding dedicated exclusively to effectuate the provisions of § 23-1-44 and this subsection received by the department of health from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the childhood immunization account. Up to 15% of the annual revenues from this account may be used to support costs associated with childhood immunization program administrative and quality assurance services and KIDSNET. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.

(b) There is created within the general fund a restricted receipt account to be known as the "pandemic medications and equipment account" for the purposes of funding pandemic medications and equipment. There shall be an expenditure in FY 2007 not to exceed one million dollars ($1,000,000) for pandemic influenza medications and equipment. Funding dedicated exclusively to effectuate the provisions of this subsection and received by the department of health from sources other than those identified in §§ 23-1-45, 23-1-46 and 23-1-47 may also be deposited in the pandemic medications and equipment account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.

(c) There is created within the general fund a restricted receipt account to be known as the "adult immunization account". All funds in the account shall be utilized by the department of health to effectuate the provisions of § 23-1-44 that relate to the adult immunization program. All funds received for adult immunization programs pursuant to §§ 23-1-46 and 23-1-47 shall be deposited in the adult immunization account. Funding dedicated exclusively to effectuate the provisions of this subsection and received by the department of health from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the adult immunization account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.

SECTION 10. Section 2 of this article shall be effective retroactively to July 1, 2007. Sections 1, 3, 4, 5, 6, 7, 8 and 9 shall take effect on July 1, 2008.