Chapter 079
2020 -- H 8094
Enacted 07/25/2020

A N   A C T
RELATING TO STATUTORY CONSTRUCTION

Introduced By: Representative K. Joseph Shekarchi
Date Introduced: July 02, 2020

It is enacted by the General Assembly as follows:
ARTICLE I--STATUTORY REENACTMENT
     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of
Titles 39, 40, 40.1 and 41 of the General Laws of R.I., including every chapter and section therein
and any chapters and sections of Titles 39, 40, 40.1 and 41 not included in this act may be, and are
hereby reenacted as if fully set forth herein.
     SECTION 2. Sections 39-1-2, 39-1-27.9, 39-1-38 and 39-1-61 of the General Laws in
chapter 39-1 entitled “Public Utilities Commission” are hereby amended to read as follows:
     39-1-2. Definitions.
     (a) Terms used in this title shall be construed as follows, unless another meaning is
expressed or is clearly apparent from the language or context:
     (1) "Administrator" means the administrator of the division of public utilities and carriers;
     (2) "Airport" and "landing field" mean and include all airports and landing fields other than
those owned by the state;
     (3) "Chairperson" means the chairperson of the public utilities commission;
     (4) "Charter carrier" means and includes all carriers for hire or compensation within this
state not included in the definition of common carrier;
     (5) "Commission" means the public utilities commission;
     (6) "Commissioner" means a member of the public utilities commission;
     (7) "Common carrier", except when used in chapters 12, 13, and 14 of this title, means and
includes all carriers for hire or compensation including railroads, street railways, express, freight
and freight line companies, dining car companies, steam boat, motor boat, power boat, hydrofoil,
and ferry companies and all other companies operating any agency or facility for public use in this
the conveyance over fixed routes, or between fixed termini within this state or of persons or
property by or by a combination of land, air, or water;
     (8) "Company" means and includes a person, firm, partnership, corporation, quasi-
municipal corporation, association, joint stock association or company, and his, her, its, or their
lessees, trustees, or receivers appointed by any court;
     (9) "Customer" means a company taking service from an electric distribution company at
a single point of delivery or meter location;
     (10) "Distribution facility" means plant or equipment used for the distribution of electricity
and which is not a transmission facility;
     (11) "Division" means the division of public utilities and carriers;
     (12) "Electric distribution company" means a company engaging in the distribution of
electricity or owning, operating, or controlling distribution facilities and shall be a public utility
pursuant to § 39-1-2(20);
     (13) "Electric transmission company" means a company engaging in the transmission of
electricity or owning, operating, or controlling transmission facilities. An electric transmission
company shall not be subject to regulation as a public utility except as specifically provided in the
general laws, but shall be regulated by the federal energy regulatory commission and shall provide
transmission service to all nonregulated power producers and customers, whether affiliated or not,
on comparable, nondiscriminatory prices and terms. Electric transmission companies shall have the
power of eminent domain exercisable following a petition to the commission pursuant to § 39-1-
31;
     (14) "Liquefied natural gas" means a fluid in the liquid state composed predominantly of
methane and which that may contain minor quantities of ethane, propane, nitrogen, or other
components normally found in natural gas;
     (15) "Manufacturing customers" means all customers that have on file with an electric
distribution company a valid certificate of exemption from the Rhode Island sales tax indicating
the customer's status as a manufacturer pursuant to § 44-18-30;
     (16) "Motor carriers" means any carrier regulated by the administrator pursuant to Chapters
3, 11, 12, 13 and 14 of this title;
     (17) "Natural gas" means the combustible gaseous mixture of low-molecular-weight,
paraffin hydrocarbons, generated below the surface of the earth containing mostly methane and
ethane with small amounts of propane, butane, and hydrocarbons, and sometimes nitrogen, carbon
dioxide, hydrogen sulfide, and helium;
     (18) "Nonprofit housing development corporation" means a nonprofit corporation, which
that has been approved as a § 501(c)(3), 26 U.S.C. § 501(c)(3), corporation by the internal
revenue service Internal Revenue Service, and which is organized and operated primarily for the
purpose of providing housing for low and moderate income persons;
     (19) "Nonregulated power producer" means a company engaging in the business of
producing, manufacturing, generating, buying, aggregating, marketing or brokering electricity for
sale at wholesale or for retail sale to the public; provided however, that companies which that
negotiate the purchase of electric generation services on behalf of customers and do not engage in
the purchase and resale of electric generation services shall be excluded from this definition. A
nonregulated power producer shall not be subject to regulation as a public utility except as
specifically provided in the general laws;
     (20) "Public utility" means and includes every company that is an electric distribution
company and every company operating or doing business in intrastate commerce and in this state
as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph,
and pipeline company, and every company owning, leasing, maintaining, managing, or controlling
any plant or equipment or any part of any plant or equipment within this state for manufacturing,
producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly
or indirectly to or for the public, or any cars or equipment employed on or in connection with any
railroad or street railway for public or general use within this state, or any pipes, mains, poles,
wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways or
streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for
sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or
telegraphic communication service within this state or any pond, lake, reservoir, stream, well, or
distributing plant or system employed for the distribution of water to the consuming public within
this state including the water supply board of the city of Providence; provided, that, except as
provided in § 39-16-9 and in chapter 2072 of the public laws, 1933, as amended, this definition
shall not be construed to apply to any public waterworks or water service owned and furnished by
any city, town, water district, fire district, or any other municipal or quasi-municipal corporation,
excepting the water supply board of the city of Providence, unless any city, town, water district,
fire district, municipal, or quasi-municipal corporation obtains water from a source owned or leased
by the water resources board, either directly or indirectly, or obtains a loan from the board pursuant
to the provisions of chapter 15 15.1 of title 46, or sells water, on a wholesale or retail basis, inside
and outside the territorial limits of the city or town, water district, fire district, municipal or quasi-
municipal corporation, except, however, that a public waterworks or water service owned and
furnished by any city, town, water district, fire district, or any other municipal or quasi-municipal
corporation which sells water, on a wholesale or retail basis, inside and outside its territorial limits
shall not be construed as a public utility if it has fewer than one-thousand five hundred (1,500) total
customer service connections and provided outside sales do not exceed ten percent (10%) of the
total water service connections or volumetric sales and provided the price charged to outside
customers, per unit of water, is not greater than the price charged to inside customers for the same
unit of water, nor to the Rhode Island public transit authority, or to the production and/or
distribution of steam, heat, or water by Rhode Island port authority and economic development
corporation in the town of North Kingstown; and the term "public utility" shall also mean and
include the Narragansett Bay water quality management district commission; and provided that the
ownership or operation of a facility by a company which dispenses alternative fuel or energy
sources at retail for use as a motor vehicle fuel or energy source, and the dispensing of alternative
fuel or energy sources at retail from such a facility, does not make the company a public utility
within the meaning of this title solely because of that ownership, operation, or sale; and provided
further that this exemption shall not apply to presently regulated public utilities which sell natural
gas or are dispensers of other energy sources; and provided further, that the term "public utility"
shall not include any company; :
     (i) Producing or distributing steam or heat from a fossil fuel fired cogeneration plant
located at the university of Rhode Island South Kingstown, Rhode Island;
     (ii) Producing and/or distributing thermal energy and/or electricity to a state owned facility
from a plant located on an adjacent site regardless of whether steam lines cross a public highway;
and
     (iii) Providing wireless service.
     (21) "Purchasing cooperatives" shall mean any association of electricity consumers which
that join for the purpose of negotiating the purchase of power from a nonregulated power producer,
provided however, that purchasing cooperatives shall not be required to be legal entities and are
prohibited from being engaged in the re-sale of electric power;
     (22) "Railroad" means and includes every railroad other than a street railway, by
whatsoever power operated for public use in the conveyance in this state of persons or property for
compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and
terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection
with any railroad;
     (23) "Retail access" means the use of transmission and distribution facilities owned by an
electric transmission company or an electric distribution company to transport electricity sold by a
nonregulated power producer to retail customers pursuant to § 39-1-27.3;
     (24) "Street railway" means and includes every railway by whatsoever power operated or
any extension or extensions, branch, or branches thereof, for public use in the conveyance in this
state of persons or property for compensation, being mainly upon, along, above, or below any street,
avenue, road, highway, bridge, or public place in any city or town, and including all switches, spurs,
tracks, rights of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind,
used, operated, controlled, or owned by or in connection with any street railway;
     (25) "Transmission facility" means plant or equipment used for the transmission of
electricity as determined by the federal energy regulatory commission pursuant to federal law as of
the date of the property transfers pursuant to § 39-1-27(c);
     (26) Notwithstanding any provision of this section or any provision of the act entitled,
"An Act Relating to the Utility Restructuring Act of 1996" (hereinafter "Utility
Restructuring Act"), upon request by the affected electric utility, the commission may exempt
from the Utility Restructuring Act or any provision(s) thereof, an electric utility which meets
the following requirements: (i) the utility is not selling or distributing electricity outside of
the service territory in effect for that utility on the date of passage of the Utility Restructuring
Act; and (ii) the number of kilowatt hours sold or distributed annually by the utility to the
public is less than five percent (5%) of the total kilowatt hours consumed annually by the
state. Provided however that nothing contained in this section shall prevent the commission
from allowing competition in the generation of electricity in service territories of utilities
exempted in whole or in part from the Utility Restructuring Act pursuant to this section, as
long as such allowance of competition is conditioned upon payment to the exempted electric
utility of a nonbypassable transition charge calculated to recover the elements comparable in
nature to the elements in § 39-1-27.4(b) and (c) taking into consideration any unique
circumstances applicable to the exempted electric utility.
     (27) (26) "Wireless service" means communication services provided over spectrum
licensed by or subject to the jurisdiction of the federal communications commission.
     (b) Notwithstanding any provision of this section or any provision of the act entitled,
"An Act Relating to the Utility Restructuring Act of 1996" (hereinafter "Utility
Restructuring Act"), upon request by the affected electric utility, the commission may exempt
from the Utility Restructuring Act or any provision(s) thereof, an electric utility that meets
the following requirements:
     (1) The utility is not selling or distributing electricity outside of the service territory
in effect for that utility on the date of passage of the Utility Restructuring Act; and
     (2) The number of kilowatt hours sold or distributed annually by the utility to the
public is less than five percent (5%) of the total kilowatt hours consumed annually by the
state. Provided however that nothing contained in this section shall prevent the commission
from allowing competition in the generation of electricity in service territories of utilities
exempted in whole or in part from the utility restructuring act pursuant to this section, as
long as such allowance of competition is conditioned upon payment to the exempted electric
utility of a nonbypassable transition charge calculated to recover the elements comparable in
nature to the elements in § 39-1-27.4(b) and (c) taking into consideration any unique
circumstances applicable to the exempted electric utility.
     39-1-27.9. Office of energy resources participation.
     In any commission inquiry into, or examination of matters that relate to or could potentially
impact any programs, functions or duties of the office of energy resources and/or the energy
efficiency and resources management council, including, but not limited to, those programs,
functions and duties pursuant to this chapter and chapters 42-140, 42-140.1, 42-140.2, and 42-141,
the office of energy resources and the energy resources council shall be deemed, upon the formal
request of the office or the council as appropriate, to be an interested party for all purposes, and as
such, shall receive all notices and may file complaints, institute proceedings, and participate as a
party in administrative hearings.
     39-1-38. Liberal construction -- Incidental powers -- Severability.
     The provisions of this title shall be interpreted and construed liberally in aid of its declared
purpose. The commission and the division shall have, in addition to powers specified in this
chapter, all additional, implied, and incidental power which may be proper or necessary to
effectuate their purposes. No rule, order, act, or regulation of the commission and of the division
shall be declared inoperative, illegal, or void for any omission of a technical nature. If any provision
of this title, or of any rule or regulation made thereunder, or the application thereof to any company
of or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the title,
rule, or regulation, and the application of such provision to other companies or circumstances shall
not be affected thereby. The invalidity of any section or sections or parts of any section or sections
of this title shall not affect the validity of the remainder of the title.
     39-1-61. Rhode Island telecommunications education access fund.
     (a) Preamble. For the past ten (10) years, the schools and libraries of Rhode Island have
benefited from a regulatory agreement with Verizon and its predecessor companies that has
provided up to two million dollars ($2,000,000) annually for support of telecommunications lines
for internet access. In addition, the funds provided for in the original regulatory agreement and
every dollar generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-
Rate match. With the regulatory agreement approaching its termination and the advent of more
advanced technologies, it is the intent of this section to provide a continued source of funding for
internet access for eligible public and private schools and libraries.
     (b) Definitions. As used in this section, the following terms have the following meanings:
     (1) "Department" means the Rhode Island department of elementary and secondary
education.
     (2) "Division" means the Division of Public Utilities and Carriers.
     (3) "Telecommunications education access fund" means the programs and funding made
available to qualified libraries and schools to assist in paying the costs of acquiring, installing and
using telecommunications technologies to access the internet.
     (c) Purpose. The purpose of the telecommunications education access fund shall be to fund
a basic level of internet connectivity for all of the qualified schools (kindergarten through grade
12) and libraries in the state.
     (d) Authority. The division shall establish, by rule or regulation, an appropriate funding
mechanism to recover from the general body of ratepayers the costs of providing
telecommunications technology to access the internet.
     (1) The general assembly shall determine the amount of a monthly surcharge to be levied
upon each residence and business telephone access line or trunk in the state, including PBX trunks
and centrex equivalent trunks and each service line or trunk, and upon each user interface number
or extension number or similarly identifiable line, trunk, or path to or from a digital network. The
department will provide the general assembly with information and recommendations regarding
the necessary level of funding to effectuate the purposes of this article section. The surcharge shall
be billed by each telecommunications services provider and shall be payable to the
telecommunications services provider by the subscriber of the telecommunications services. State,
local and quasi-governmental agencies shall be exempt from the surcharge. The surcharge shall be
deposited in a restricted receipt account, hereby created within the department of elementary and
secondary education and known as the telecommunications education access fund, to pay any and
all costs associated with subsection (b)(3). The amount of the surcharge shall not exceed thirty-five
cents ($.35) per access line or trunk.
     (2) The surcharge is hereby determined to be twenty-six cents ($.26) per access line or
trunk.
     (3) The amount of the surcharge shall not be subject to the sales and use tax imposed under
chapter 18 of title 44 nor be included within the gross earnings of the telecommunications
corporation providing telecommunications service for the purpose of computing the tax under
chapter 13 of title 44.
     (e) Administration. The division, with input from the department, shall administer the
telecommunications education access fund consistent with the requirements of the Universal
Service (E-Rate) program. The division of taxation shall collect from the telecommunications
service providers the amounts of the surcharge collected from their subscribers. The department,
with the approval of the division, shall publish requests for proposals that do not favor any
particular technology, evaluate competitive bids, and select products and services that best serve
the internet access needs of schools and libraries. In doing so, the department shall endeavor to
obtain all available E-Rate matching funds. The department is further authorized and encouraged
to seek matching funds from all local, state, and federal public or private entities. The department
shall approve dispersement [disbursement] disbursement of funds under this section in
accordance with the division's directives. Unsuccessful bids may be appealed to the division. The
division shall annually review the department's disbursements from this account to ensure that the
department's decisions do not favor any competitor.
     (f) Eligibility. All schools seeking support from the fund must be eligible for Universal
Service (E-Rate) support and meet the definition of "elementary school" or "secondary school" in
the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools
operating as a for-profit business or with endowments exceeding fifty million dollars ($50,000,000)
are not eligible for support. All libraries seeking support from the fund must meet the definition of
"library" or "library consortium" in the Library Services and Technology Act, P.L. 104-208, § 211
et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state library administrative
agency under that act. Only libraries that have budgets that are completely separate from any
schools (including, but not limited to, elementary and secondary, colleges and universities) shall
be eligible to receive support. Libraries operating as a for-profit business shall not be eligible for
support.
     (g) Effective date. The effective date of assessment for the telecommunications education
access fund shall be January 1, 2004.
     SECTION 3. Sections 39-2-1, 39-2-13 and 39-2-20 of the General Laws in Chapter 39-2
entitled “Duties of Utilities and Carriers” are hereby amended to read as follows:
     39-2-1. Reasonable and adequate services -- Reasonable and just charges.
     (a) Every public utility is required to furnish safe, reasonable, and adequate services and
facilities. The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any
public utility for the conveyance or transportation of any persons or property, including sewage,
between points within the state; or for any heat, light, water, or power produced, transmitted,
distributed, delivered, or furnished; or for any telephone or telegraph message conveyed; or for any
service rendered or to be rendered in connection therewith, shall be reasonable and just, and every
unjust or unreasonable charge for the service is prohibited and declared unlawful, and no public
utility providing heat, light, water, or power produced, transmitted, distributed, delivered, or
furnished shall terminate the service or deprive any home or building, or whatsoever, of service if
the reason therefor is nonpayment of the service without first notifying the user of the service, or
the owner, or owners, of the building as recorded with the utility of the impending service
termination by written notice at least ten (10) days prior to the effective date of the proposed
termination of service.
     (1) Effective immediately, following the issuance of a decision by the commission under
§ 39-1-27.12(d), the utility shall collect a LIHEAP enhancement charge from all utility customers,
for the funding of the LIHEAP Enhancement Fund.
     (b) Any existing rules and regulations dealing with the termination of utility service and
establishing reasonable methods of debt collection promulgated by the commission pursuant to this
chapter and the provisions of § 39-1.1-3 including, but not limited to, any rules and regulations
dealing with deposit and deferred-payment arrangements, winter moratorium and medical
emergency protections, and customer dispute resolution procedures, shall be applicable to any
public utility that distributes electricity.
     (c) The commission shall promulgate such further rules and regulations as are necessary to
protect consumers following the introduction of competition in the electric industry and that are
consistent with this chapter and the provisions of § 39-1.1-3. In promulgating such rules and
regulations, the commission shall confer with the retail electric licensing commission and shall give
reasonable consideration to any and all recommendations of the retail electric licensing
commission.
     (d)(1) On or before August 15, 2011, the commission shall administer such rules and
regulations, as may be necessary, to implement the purpose of subdivision (2) of this subsection
and to provide for the restoration of electric and/or gas service to low-income home energy
assistance program (LIHEAP)-eligible households, as this eligibility is defined in the current
LIHEAP state plan for Rhode Island filed with the U.S. Department of Health and Human Services.
     (2) Effective no later than September 1, 2016, notwithstanding the provisions of part V
sections 4(E)(1)(B) and (C) of the public utilities commission rules and regulations governing the
termination of residential electric-, gas-, and water-utility service, a LIHEAP-eligible customer, as
defined above in this section, who has been terminated from gas and/or electric service or is
recognized, pursuant to a rule or decision by the division, as being scheduled for actual shut-off of
service on a specific date, shall not be deprived electric and/or gas utility service provided the
following conditions are met:
     (i) The customer has an account balance of at least three hundred dollars ($300) that is
more than sixty (60) days past due;
     (ii) The customer is eligible for the federal low-income home-energy assistance program
and the account is enrolled in the utility low-income rate if offered;
     (iii) If utility service has been terminated, the customer shall make an initial payment of
twenty-five percent (25%) of the unpaid balance, unless the commission has enacted emergency
regulations in which case the customer shall pay the down payment required by the emergency
regulations;
     (iv) The customer agrees to participate in energy efficiency programs;
     (v) The customer applies for other available energy-assistance programs, including fuel
assistance and weatherization;
     (vi) The customer agrees to make at least twelve (12) monthly payments in an amount
determined by the utility and based on the customer's average monthly usage of the previous year,
and the customer's actual or anticipated fuel assistance, if known. The electric- and/or gas-utility
company shall review the payment plan every three (3) months and may adjust said plan based on
the following: the amount of or change in fuel assistance; the customer moves, actual usage differs
from estimated usage; and/or significant changes in the company's energy costs or rates from the
time of anticipated enrollment;
     (vii) With each payment, a portion of the customer's outstanding account balance shall be
forgiven in an amount equal to the total past-due balance divided by the number of months in the
customer agreement;
     (viii) Up to one thousand five hundred dollars ($1,500) shall be forgiven in a twelve-month
(12) period. If the outstanding account balance is greater than one thousand five hundred dollars
($1,500), the length of the agreement may, at the request of the customer, be extended for more
than twelve (12) months to accommodate the total outstanding balance, provided that the customer
is current with payments at the conclusion of the previous twelve-month (12) period;
     (ix) The customer agrees to remain current with payments. For purposes of this subsection,
remaining current shall mean that the customer: (A) Misses no more than two (2) payments in a
twelve-month (12) period covered by the agreement; and (B) That the amount due under the
agreement is paid in full, by the conclusion of the twelve-month (12) period of the agreement;
     (x) Failure to comply with the payment provisions set forth in this subsection shall be
grounds for the customer to be removed from the repayment program established by this subsection
and the balance due on the unpaid balance shall be due and payable in full, in accordance with the
rules of the commission governing the termination of residential electric-, gas-, and water-utility
service, provided, that any arrearage already forgiven under subsection (d)(2)(ii) (vii) of this section
shall remain forgiven and be written off by the utility. The amount of the arrearage, so forgiven,
shall be recovered by the electric and/or gas company through an annual reconciling factor
approved by the commission;
     (xi) The commission may promulgate rules and regulations to implement this section that
ensure efficient administration of the program in a non-discriminatory manner consistent with the
goal of providing assistance to customers who are willing and able to meet their obligations to the
utility under this program;
     (xii) Each public utility that provides gas or electric service to residential ratepayers shall
file tariffs implementing the requirements of this section on a date to be determined by the
commission which shall allow for the program to be in place no later than October 1, 2016; and
      (xiii) After two (2) years from the date of completion of the plan or removal from the plan
for failure to remain current with payments and upon recommendation from a community action
partnership agency, a customer shall be eligible to enroll in a subsequent arrearage forgiveness
plan.; and
     (xiv) A customer, who completes the schedule of payments pursuant to this subsection,
shall have the balance of any arrearage forgiven, and the customer's obligation to the gas and/or
electric company for such unpaid balance shall be deemed to be fully satisfied. The amount of the
arrearage, so forgiven, shall be treated as bad debt for purposes of cost recovery by the gas or the
electric company up to the amount allowed in the gas and/or electric company's most recent general
rate filing. In the event the gas or electric company's bad debt for a calendar year exceeds the
amount allowed in the most recent general-rate filing for the same period, the gas or electric
company shall be entitled to recovery of those write-offs that were the result of the arrearage
forgiveness plan set forth in this section.
     (3) A customer terminated from service under the provisions of subdivision (d)(1) or (d)(2)
shall be eligible for restoration of service in accordance with the applicable provisions of part V
section 4(E)(1)(C), or its successor provision, of the public utilities commission rules and
regulations governing the termination of residential electric, gas, and water service.
     (e) The commission shall complete a comprehensive review of all utility- and energy-
related programs and policies impacting protected classes and low-income ratepayers. In
conducting its review, the commission shall consult with the division, the attorney general, the
utility, the department of human services, the ratepayers advisory board established by § 39-1-37.1,
community-based organizations, a homeless advisory group, and community action agencies, each
of whom shall cooperate with meetings scheduled by the commission and any requests for
information received by the commission by providing responses within twenty-one (21) days from
issuance. The commission shall submit a report of its findings and recommendations to the
governor and the general assembly no later than November 1, 2018. No later than November 15,
2017, and annually thereafter, the commission shall submit to the governor, the senate president,
and the speaker of the house a report on the effectiveness of the customer arrearage program which
shall include a cost-benefit analysis and recommendations to improve effectiveness of the arrearage
program.
     39-2-13. Admission of guide dogs.
     Any blind or deaf person, who uses the services of a seeing-eye guide dog, or personal
assistance animal or a hearing-ear signal dog, clearly identified as such by a yellow harness and
trained by a recognized training agency or school, may enter any public facility of any public utility
or common carrier in this state, and when riding on any bus or other public utility or common
carrier, engaged in the transportation of passengers or when riding in any elevator in this state
where a landlord has the elevator operated for the use of his the landlord's tenants and their
visitors, or while in any building in this state open to the public, may keep the animal in his or her
immediate custody; and the person shall not be required to pay any charge or fare, for or on account
of the transportation thereon of him or herself and any dog so accompanying him or her, in addition
to the charge of or fare lawfully chargeable for his or her own transportation; provided, however,
the provisions of this section shall not apply to railroad sleeping, parlor, club, buffet, or lounge
cars.
     39-2-20. Communications common carriers -- Duty to disclose certain information.
     (a) A communications common carrier, as defined in § 12-5.1-1, shall disclose to the
attorney general, or an assistant attorney general specially designated by the attorney general, or
any chief of police, the director of the statewide fugitive task force, or the superintendent of state
police, the names, addresses, and telephone numbers of persons to whom nonpublished service is
furnished upon written certification by the attorney general, or assistant attorney general, or any
chief of police, the director of the statewide fugitive task force or the superintendent of state police
that the information is necessary for an investigation of or prosecution of criminal violations of the
laws of Rhode Island. No cause of action shall lie in any court against any communications common
carrier, its officers, employees, or agents for furnishing or disclosing the information in accordance
with the certification. The attorney general, or any chief of police, or the superintendent of state
police, or the director of the statewide fugitive task force shall not disclose any information obtained
as a result of the written certification except as it is essential to the proper discharge of their duties.
     (b)(1) Upon request of a law enforcement agency, a wireless telecommunications carrier
shall provide device location information concerning the telecommunications device of the user to
the requesting law enforcement agency in order to respond to a call for emergency services or in
an emergency situation that involves the risk of death or serious physical injury to any person and
requires disclosure without delay of information relating to the emergency.
     (2) Notwithstanding any other provision of law to the contrary, nothing in this section
prohibits a wireless telecommunications carrier from establishing protocols by which the carrier
could voluntarily disclose device location information.
     (3) No cause of action shall lie in any court against any wireless telecommunications
carrier, its officers, employees, agents or other specified persons for providing device location
information while acting in good faith and in accordance with the provisions of this section.
     (4) All wireless telecommunications carriers registered to do business in the state of Rhode
Island or submitting to the jurisdiction thereof and all resellers of wireless telecommunications
services shall submit their emergency contact information to the Rhode Island division of public
safety's E-911 unit in order to facilitate requests from a law enforcement agency for call location
information in accordance with this section. This contact information must be submitted annually
by June 15th or immediately upon any change in contact information.
     (5) The Rhode Island division of public safety's E-911 unit shall maintain a database
containing emergency contact information for all wireless telecommunications carriers registered
to do business in the state of Rhode Island and shall make the information immediately available
upon request to all public safety answer points in the state.
     (6)(c) This section shall be known and may be cited as the "Kelsey Smith Act."
     SECTION 4. Sections 39-3-1.2 and 39-3-17 of the General Laws in Chapter 39-3 entitled
“Regulatory Powers Of Administration” are hereby amended to read as follows:
     39-3-1.2. Aggregation of electrical load by municipality or group of municipalities.
     (a)(1) The legislative authority of a municipality may adopt an ordinance or resolution,
under which it may aggregate in accordance with this section one or more classes of the retail
electrical loads located, respectively, within the municipality or town and, for that purpose, may
enter into service agreements to facilitate for those loads the sale and purchase of electricity. The
legislative authority also may exercise this authority jointly with any other legislative authority. An
ordinance or resolution under this section shall specify whether the aggregation will occur only
with the prior consent of each person owning, occupying, controlling, or using an electric load
center proposed to be aggregated or will occur automatically for all persons pursuant to the opt-out
requirements of this section. Nothing in this section, however, authorizes the aggregation of retail
electric loads of an electric load center that is located in the certified territory of a nonprofit electric
supplier or an electric load center served by transmission or distribution facilities of a municipal
electric utility.
     (2) No legislative authority pursuant to an ordinance or resolution under this section that
provides for automatic aggregation as described in this section, shall aggregate the electrical load
of any electric load center located within its jurisdiction unless it in advance clearly discloses to the
person owning, occupying, controlling, or using the load center that the person will be enrolled
automatically in the aggregation program and will remain so enrolled unless the person
affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state
prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure
shall allow any person enrolled in the aggregation program the opportunity, at a minimum, to opt-
out of the program every two (2) years, without paying a switching fee. Any person that leaves the
aggregation program pursuant to the stated procedure shall default to the last resort service until
the person chooses an alternative supplier.
     (b) A governmental aggregator under this section is not a public utility engaging in the
wholesale purchase and resale of electricity, and the aggregated service is not a wholesale utility
transaction. A governmental aggregator shall be subject to supervision and regulation by the
commission only to the extent of any competitive retail electric service it provides and commission
authority.
     (c) A town may initiate a process to authorize aggregation by a majority vote of a town
meeting or of the town council. A city may initiate a process to authorize aggregation by a majority
vote of the city council, with the approval of the mayor, or the city manager. Two (2) or more
municipalities may, as a group, initiate a process jointly to authorize aggregation by a majority vote
of each particular municipality as required in this section.
     (d) Upon the applicable requisite authority under this section, the legislative authority shall
develop a plan of operation and governance for the aggregation program so authorized. Before
adopting a plan under this section, the legislative authority shall hold at least one public hearing on
the plan. Before the hearing, the legislative authority shall publish notice of the hearing once a
week for two (2) consecutive weeks in a newspaper of general circulation in the jurisdiction. The
notice shall summarize the plan and state the date, time, and location of any hearing. A municipality
or group of municipalities establishing load aggregation pursuant to this section shall develop a
plan, for review by its citizens, detailing the process and consequences of aggregation. The plan
shall identify which classes of customers may participate, based on their applicable electric
distribution company tariff or rate schedule. Any municipal load aggregation plan established
pursuant to this section shall provide for universal access to all applicable customers and equitable
treatment of applicable classes of customers and shall meet any requirements established by law or
the commission concerning aggregated service. The plan shall be filed with the commission, for its
final review and approval, and shall include, without limitation, an organizational structure of the
program, its operations, and its funding; the process for establishing rates and allocating costs
among participants; the methods for entering and terminating agreements with other entities; the
rights and responsibilities of program participants; and termination of the program. The plan must
also include the terms and conditions under which retail customers who have chosen to opt-out of
the aggregated service may take service from the aggregated entity. At the time of the legislative
authority's filing of the plan with the commission, a copy of the proposed plan filing shall be
provided to the electric distribution company whose customers would be included in the plan. Prior
to its decision, the commission shall conduct a public hearing. Following approval of the plan, the
legislative authority may solicit bids from nonregulated power producers pursuant to the methods
established by the plan. The legislative authority shall report the results of this solicitation and
proposed agreement awards to the commission. The legislative authority shall have the right to
terminate the operation of the plan by placing its customers on last-resort service. If the legislative
authority terminates the operation of the plan and places customers on last-resort service, a
municipality seeking to form a new municipal aggregation load must submit a new plan to the
commission for approval, in accordance with this section, before the customers may enroll in a new
aggregation program.
     (e)(1) Any retail customer in a municipality with an approved aggregation plan may elect
instead to receive retail supply from another licensed retail supplier or from the local distribution
company. Within thirty (30) days of the date the aggregated entity is fully operational, ratepayers
who have not affirmatively elected an alternative authorized supplier shall be transferred to the
aggregated entity subject to the opt-out provision in this section. Following adoption of aggregation
as specified above, the program shall allow any retail customer to opt-out and choose any supplier
or provider that the retail customer wishes. Nothing in this section shall be construed as authorizing
any city or town or any municipal retail load aggregator to restrict the ability of retail electric
customers to obtain or receive service from any authorized provider of it.
     (2) It shall be the duty of the aggregated entity to fully inform participating ratepayers in
advance of automatic enrollment that they are to be automatically enrolled and that they have the
right to opt-out of the aggregated entity without penalty. In addition, such disclosure shall
prominently state all charges to be made and shall include full disclosure of the standard-offer rate,
how to access it, and the fact that it is available to them without penalty, if they are currently on
standard-offer service. The commission shall furnish, without charge, to any citizen a list of all
other supply options available to them in a meaningful format that shall enable comparison of price
and product.
     (f) The municipality or group of municipalities shall, within two (2) years of approval of
its plan, or such further time as the commission may allow, provide written notice to the
commission that its plan is implemented. The commission may revoke certification of the
aggregation plan if the municipality or group of municipalities fails to substantially implement the
plan.
     (b)(g) The commission may, from time to time, promulgate rules by which the legislative
authority may request information from the electric-distribution company or companies whose
customers would be included in its plan. These rules shall ensure that municipalities have
reasonable and timely access to information pertinent to the formation of the plan and solicitation
of bids to serve customers, that confidentiality of individuals is protected, that charges for
production of data are reasonable and not unduly burdensome to the legislative authority.
     39-3-17. Procedure for obtaining authority for security issues.
     (a) The proceedings for obtaining the consent and authority of the division for the security
issue as provided in §§ 39-3-15 -- 39-3-23 shall be as follows:
     (1) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for
money only, the public utility shall file with the division a statement, signed and verified by the
president and secretary thereof, setting forth:
     (i) The amount and character of the stocks, bonds, or other evidence of indebtedness;
     (ii) The purposes for which they are to be issued;
     (iii) The terms upon which they are to be issued;
     (iv) The total assets and liabilities of the public utility in such detail as the division may
require;
     (v) If the issue is desired for the purpose of reimbursement of money expended from
income, as herein provided, the amount expended, when and for what purposes expended; and
     (vi) Such other facts and information pertinent to the inquiry as the division may require.
     (2) If the stocks, bonds, notes, or other evidence of indebtedness are to be issued, partly, or
wholly for property or services or other consideration than money, the public utility shall file with
the division a statement, signed and verified by its president and secretary, setting forth:
     (i) The amount and character of the stocks, bonds, or other evidence of indebtedness
proposed to be issued;
     (ii) The purposes for which they are to be issued;
     (iii) The description and value of the property or services for which they are to be issued;
     (iv) The terms on which they are to be issued or exchanged;
     (v) The amount of money, if any, to be received from the same in addition to the property,
service, or other consideration;
     (vi) The total assets and liabilities of the public utility in such detail as the division may
require; and
     (vii) Such other facts and information pertinent to the inquiry as the division may require.
     (b) For the purpose of enabling the division to determine whether it should issue the order,
it shall hold such hearings, make such inquiries or investigations, and examine such witnesses,
books, papers, documents, and contracts as it may deem proper.
     SECTION 5. Section 39-9-2 of the General Laws in Chapter 39-9 entitled “Railroad Rates
and Service” is hereby amended to read as follows:
     39-9-2. Abandonment of stations -- Seasonal stations.
     No railroad corporation shall abandon any railroad station which is on its road and in this
state after the station has been established for twelve (12) months, except by permission of the
commission; but the corporation may establish stations to be used only during such certain months
of each year, and for such trains, as they may designate by notice put up and maintained in some
conspicuous place at the stations so established, specifying the months during which the station
will be used.
     SECTION 6. Sections 39-12.1-4, 39-12.1-5, 39-12.1-8 and 39-12.1-13 of the General Laws
in Chapter 39-12.1 entitled “The Towing Storage Act” are hereby amended to read as follows:
     39-12.1-4. Notice and processing of abandoned and unclaimed motor vehicles by
certificated tower.
     (a) A certified tower removing an abandoned or unattended vehicle shall notify within two
(2) hours thereof, the police department of the city or town from which the vehicle is towed, and
shall provide:
     (1) The year, make, model and serial number of the vehicle.
     (2) The name, address and telephone number of the certificated tower.
     (3) The street address or location from which the vehicle was towed.
     (b) A certificated tower removing an abandoned or unattended vehicle shall notify within
fourteen (14) days thereof, by registered mail, return receipt requested, the last known registered
owner of the vehicle and all lienholders of record at the address shown in the records of the
appropriate registry in the state in which the vehicle is registered that the vehicle has been taken
into custody. The notice shall be substantially in the form provided in § 39-12.1-13 and shall
describe:
     (1) The year, make, model and serial number of the vehicle.
     (2) The name, address and telephone number of the certificated tower.
     (3) That the vehicle is in the possession of that certificated tower.
     (4) That recovery, towing, and storage charges are accruing as a legal liability of the
registered and/or legal owner.
     (5) That the certificated tower claims a possessory lien for all recovery, towing, and storage
charges.
     (6) That the registered and/or legal owner may retake possession at any time during
business hours by appearing, proving ownership, and paying all charges due the certificated tower
pursuant to its published tariff.
     (7) That should the registered and/or legal owner consider that the original taking was
improper or not legally justified, he or she has a right to file an administrative complaint pursuant
to chapter 12 of this title to contest the original taking.
     (8) That if no claim is filed and the vehicle is not claimed and possession retaken or
arranged for within thirty (30) days of the mailing of the notice, the lien will be foreclosed and the
vehicle will be sold at public auction.
     (9) That the proceeds of the sale shall be first applied to recovery, towing, and storage
charges with and any excess proceeds being deposited as provided in accordance with § 39-12.1-
9(d)(3).
     (10) That any recovery, towing, and storage charges in excess of the sale proceeds shall
remain as a civil obligation of the registered and/or legal owner.
     (c) If the identity of the last registered owner cannot be determined from the records of the
appropriate registry in the state in which the vehicle is registered, or if the registration contains no
address for the ownership or if it is impossible to determine with reasonable certainty the identity
and addresses of all lienholders, notice by one publication in one newspaper of general circulation
in the area where the vehicle was abandoned or left unattended shall be sufficient to meet all
requirements of notice pursuant to this chapter. A notice by publication may contain multiple
listings of abandoned or unattended vehicles. Any notice by publication shall be within the time
requirements prescribed for notice by registered mail and shall have the same contents required for
a notice by registered mail.
     39-12.1-5. Special procedure regarding certain abandoned vehicles.
     (a) If an abandoned, abandoned and of no value, or unattended vehicle, as defined in § 39-
12.1-2, is at least ten (10) years old or less than ten (10) years old and has an altered vehicle
identification number, has not been registered within one year, has no established fair market value
and would not pass a safety inspection pursuant to chapter 38 of title 31, a certificated tower shall
not be required to comply with the provisions of § 39-12.1-4.
     (b) If a police department takes possession or orders the removal of a vehicle which meets
the requirements of this section, the police department shall request that the state police conduct a
computer search to determine if the vehicle is a stolen vehicle. The police department shall remove
the vehicle identification number from the vehicle and shall maintain a record of all numbers
removed from vehicles for a period of two (2) years.
     (c) A police department which complies with the provisions of this section may dispose of
the vehicle in accordance with the provisions of § 39-12.1-9 five (5) days after the removal of the
vehicle identification number.
     39-12.1-8. Notice prior to enforcement of possessory lien.
     (a) Prior to enforcement of its possessory lien as provided in § 39-12.1-9, the certificated
tower shall give notice by registered mail, return receipt requested, to the last known registered
owner and all known lienholders of record, at the address shown on the records appropriate of the
appropriate registry, in the state of which the vehicle is registered, substantially in the form
provided in § 39-12.1-14, stating:
     (1) That no complaint having been filed and that the vehicle has not been claimed or
possession retaken or arranged for within thirty (30) days of the notice given pursuant to § 39-12.1-
4.
     (2) That the certificated tower claims a possessory lien for all recovery, towing, and storage
charges.
     (3) That the registered and/or legal owner may retake possession at any time during
business hours by appearing, proving ownership, and paying all charges due the certificated tower
pursuant to its published tariff; and
     (4) That if the vehicle is not claimed and possession retaken, or arranged for, within ten
(10) days of the mailing of the notice, the lien will be foreclosed and the vehicle will be sold at
public auction;
     (5) The date, time, and place at which the public auction shall occur.
     (6) That any charges in excess of the sale proceeds shall remain as a civil obligation of the
owner.
     (b) If the identity of the last known registered owner and/or the lienholders cannot be
determined by a request to the appropriate registry in the state in which the vehicle is registered,
notice by the certificated tower pursuant to § 39-12.1-4(b) shall be sufficient notice prior to
foreclosure of the possessory lien; provided, however, in such instance, no such foreclosure shall
occur prior to sixty (60) days after the date of notice by the certificated tower.
     (c) During the sixty (60) day period described in subsection (b) of this section, provided
for in § 39-12.1-9(a), should the last registered and/or legal owner receive actual notice containing
the items referred to in subsection (a) of this section, the certificated tower may proceed with lien
foreclosure procedures set forth in this chapter.
     (d) Notwithstanding the fact that the last registered owner of the vehicle proves that the
vehicle has been sold to another owner but that the registration has not been transferred, the last
registered owner shall remain primarily liable to the certificated tower for all charges incurred for
towing and storage charges less whatever proceeds are realized at the foreclosure sale.
     (e) In the event it shall be determined that failure to locate the last registered and/or legal
owner and/or lienholders was caused by any misinformation furnished by any agency of
government, or because of lack of information which a government agency has the legal duty to
provide, and providing that the certificated tower shall have exercised its best efforts to locate the
last registered and/or legal owner and/or lienholders, the certificated tower shall be absolved of any
civil duty to the lawful owner of the vehicle, and shall have complete defense against any criminal
charges growing out of the disposal of the vehicle as provided in this section. In this regard, a
certificated tower shall rely on the performance of law enforcement to comply with statutes dealing
with the reporting of vehicles reported stolen. In addition, proof by the certificated tower of having
made inquiry of the appropriate registry in the state in which the vehicle is registered in the manner
required by the registry shall constitute best efforts.
     39-12.1-13. Form of notice.
     TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDER)
     You are hereby given notice that a ____________ (year, make, and model of vehicle) serial
number ____________, is being stored at ____________ (name, address and telephone number of
storage facility). The vehicle is in the possession of ____________ (name, address and telephone
number of certificated tower), having been towed at the direction of __________ (name of police
department or person ordering tow) because ____________ (reason for tow).
     You are given notice that recovery, towing, and storage charges, for which the registered
and/or legal owner is liable, are accruing and that ________ (tower's name, address and telephone
number) has claimed a possessory lien, pursuant to § 39-12.1-6, for the charges. You may take
possession of the vehicle at any time during regular business hours by appearing with a police
release, if required, and payment of all charges accrued to date of retaking.
     If you claim that the original towing was improper or not legally justified you may contest
the towing by filing a complaint within ten (10) days from the date of this notice with the public
utilities commission, provided that security in an amount and form complaint satisfactory to the
public utilities commission is posted with the filing of the complaint.
     You are further given notice that if you fail to file a complaint or fail to retake possession
of the vehicle, the vehicle will be sold at public auction and the proceeds of the sale will be first
applied to recovery, towing, and storage charges with any excess to be deposited with the public
utilities commission to be held in an account for the registered or legal owner or entitled lienholders
as provided for in § 39-12.1-9(d)(3).
     You are further given notice that any recovery, towing and storage charges in excess of the
sale proceeds shall remain as a civil obligation of the owner.
      _________________________________________
      _________________________________________
      (Name and address of certificated tower or attorney)
     SECTION 7. Section 39-14-22 of the General Laws in Chapter 39-14 entitled “Taxicabs
and Limited Public Motor Vehicles” is hereby amended to read as follows:
     39-14-22. Enforcement of provisions.
     The administrator of the division of motor vehicles shall enforce the provisions of §§ 39-
14-18, 39-14-19, 39-14-20(a), and 39-14-21, and 39-14-22.
     SECTION 8. Section 39-14.2-1, 39-14.2-4 and 39-14.2-7 of the General Laws in Chapter
39-14.2 entitled “Transportation Network Company Services” are hereby amended to read as
follows:
     39-14.2-1. Definitions.
     Terms in this chapter shall be construed as follows, unless another meaning is expressed
or is clearly apparent from the language or context:
     (1) "Active TNC driver" means a TNC driver who has provided at least one prearranged
ride through the TNC in the preceding ninety (90) days.
     (2) "Administrator" means the administrator of the division of public utilities and carriers.
     (3) "Digital network" means any online-enabled technology application service, website,
or system offered or utilized by a transportation network company that enables the prearrangement
of rider transportation with transportation network company drivers.
     (4) "Division" means the division of public utilities and carriers.
     (5) "Partner" or "partnering" means the act of a TNC operator agreeing to the terms and
conditions set forth by a TNC for access to the TNC's digital network for the purpose of being
connected to potential TNC riders seeking TNC services.
     (6) "Person" means and includes any individual, partnership, corporation, or other
association of individuals.
     (7) "Personal vehicle" means a vehicle that is used by a transportation network company
driver and is:
     (i) Designed to hold no more than seven (7) individuals, including the driver;
     (ii) Owned, leased, or otherwise authorized for use by the individual; and
     (iii) Not a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as
defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; or a common carrier as
defined in title 39.
     (8) "Transportation network company" or "TNC" means an entity licensed by the division
pursuant to this chapter that uses a digital network to connect transportation network company
riders to transportation network operators who provide prearranged rides. A transportation network
company shall not be deemed to control, direct, or manage the personal vehicles or transportation
network company drivers that connect to its digital network, except where agreed to by written
contract.
     (9) "Transportation network company affiliation placard" or "TNC affiliation placard"
means a recognizable logo or decal issued by the TNC used to identify personal vehicles whenever
such a vehicle is available to provide, or is providing, TNC services.
     (10) "Transportation network company operator" or "TNC operator" or "TNC driver"
means an individual who:
     (i) Receives connections to potential riders and related services from a transportation
network company in exchange for payment of a fee to the transportation network company; and
     (ii) Uses a personal vehicle to offer or provide a prearranged ride to TNC riders upon
connection through a digital network controlled by a transportation network company in exchange
for compensation or payment of a fee.
     (11) "Transportation network company (TNC) rider" or "TNC rider" means an individual
or persons a person who uses a transportation network company's digital network to connect with
a transportation network driver who provides prearranged rides to the rider in the driver's personal
vehicle between points chosen by the rider.
     (12) "Transportation network company services" or "prearranged ride" means the provision
of transportation by a TNC driver to a TNC rider beginning when a TNC driver accepts a TNC
rider's request for a ride made only through a digital network controlled by a transportation network
company (TNC), continuing while the TNC driver transports the requesting TNC rider(s), and
ending when the last requesting TNC rider(s) departs from the personal vehicle. TNC services and
prearranged rides do not include transportation provided using a jitney, as defined in § 39-13-1; a
taxicab or limited public motor vehicle, as defined in § 39-14-1; a public motor vehicle, as defined
in § 39-14.1-1; a common carrier as defined in title 39, or a regional transportation provider. TNC
services and prearranged rides do not include a shared-expense carpool or vanpool arrangement or
service.
     39-14.2-4. Audit procedures.
     (a) For the sole purpose of verifying that a TNC is in compliance with the requirements of
this chapter and no more often than annually, the division shall have the right to visually inspect a
sample of records that the TNC is required to maintain. The sample shall be chosen randomly by
the division in a manner agreeable to both parties. The audit shall take place at a mutually agreed
upon location in Rhode Island. Any record furnished to the division may exclude information that
would tend to identify specific drivers or riders.
     (b) In addition to the provisions of subsection (a), in response to a specific complaint
against any TNC driver, or upon reasonable suspicion that a violation of this chapter has occurred,
the division is authorized to inspect records held by the TNC that are necessary to investigate and
resolve the complaint. Any record furnished to the division and may exclude information that
would tend to identify specific drivers or riders, unless the identity of a driver or rider is relevant
to the complaint.
     (c) Any records inspected by the division under this chapter shall be held confidential by
the division and are not subject to disclosure to a third party by the division without prior written
consent of the TNC, and are exempt from disclosure under the Rhode Island Access to Public
Records Act, chapter 2 of title 38. Nothing in this section shall be construed as limiting the
applicability of any other exemptions under the Rhode Island Access to Public Records Act, chapter
2 of title 38.
     39-14.2-7. Transportation network company operators or TNC operators, TNC
drivers.
     (a) No individual shall provide TNC services or transport TNC riders in a personal vehicle
until the individual shall have first submitted to required, periodic background checks conducted
through the TNC in accordance with subsection (b).
     (b) Prior to permitting an individual to accept trip requests through its digital network, a
TNC shall:
     (1) Require the individual to submit an application to the TNC. The application shall
include the individual's name; address; age; driver's license number; photocopy or electronic copy
of the driver's license; motor-vehicle registration for the personal vehicle that the individual intends
to use to provide prearranged rides; automobile liability insurance; and other information as may
be required by the TNC.
     (2) Conduct, or have a third party accredited by the National Association of Professional
Background Screeners conduct, a local and national criminal background check for each applicant
that shall include:
     (i) Multi-state/multi-jurisdictional criminal records locator or other similar commercial
nationwide database with validation (primary source search); and
     (ii) Dru Sjodin National Sex Offender Public Website; and
     (3) Obtain and review, or have a third party obtain and review, a driving history research
report for such driving applicant.
     (c) The TNC shall certify that the required background checks verify that the applicant
meets the following criteria:
     (1) Has not had more than three (3) moving violations in the prior three-year (3) period, or
one of the following major violations in the prior three-year (3) period:
     (i) Attempting to evade the police;
     (ii) Reckless driving or driving on a suspended; or ;
     (iii) Driving on a suspended license; or
     (iii)(iv) Revoked license;.
     (2) Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to
any of the following:
     (i) Driving under the influence of drugs or alcohol;
     (ii) Felony fraud;
     (iii) Sexual offenses;
     (iv) Use of a motor vehicle to commit a felony;
     (v) Felony crimes involving property damage and/or theft; or
     (vi) Acts of violence or felony acts of terror;
     (3) Is not a match in the Dru Sjodin National Sex Offender Public Website;
     (4) Possesses a valid driver's license;
     (5) Possesses proof of registration for the motor vehicle to be used to provide prearranged
rides or TNC services;
     (6) Possesses proof of automobile liability insurance, that satisfies the financial-
responsibility requirement for a motor vehicle under § 31-47-2(13)(i)(A), for the motor vehicle(s)
to be used to provide prearranged rides or TNC services; and
     (7) Is at least nineteen (19) years of age.
     (d) TNC operators may be affiliated with or may "partner" with more than one properly
permitted transportation network company to provide TNC services.
     SECTION 9. Section 39-16-1 of the General Laws in Chapter 39-16 entitled “Kent County
Water District” is hereby amended to read as follows:
     39-16-1. Definitions.
     As used in this chapter the following definitions shall apply:
     (a)(1) "Authority" means the corporation created by § 39-16-3.
     (b)(2) "Board" means the members of the authority.
     (c)(3) "Bonds" means the bonds, notes, or other obligations issued by the authority pursuant
to this chapter.
     (d)(4) "District" means the Kent County water district.
     (e)(5) "Property" means any or all of the properties of any water supply and distribution
system or part thereof, including plants, works, and instrumentalities, and all properties used or
useful in connection therewith, and all parts thereof and all appurtenances thereto, including lands,
easements, rights in land and water rights, rights-of-way, contract rights, franchises, approaches,
connections, dams, reservoirs, water mains and pipelines, pumping stations and equipment, or any
other property incidental to and included in the system or part thereof situated within or without
the district.
     (f)(6) "Treasurer" means the treasurer of the authority.
     SECTION 10. Sections 39-18-4.1 and 39-18-9 of the General Laws in Chapter 39-18
entitled “Rhode Island Public Transit Authority” are hereby amended to read as follows:
     39-18-4.1. Health and safety of passengers.
     (a) The authority shall have the power to establish reasonable rules of conduct for
passengers for the protection of the health and safety of passengers and employees of the authority.
The rules shall incorporate the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C.
§ 12101 et seq., and § 28-5.1-7, chapter 28 of title 11 and chapter 87 of title 42 and be promulgated
in accordance with the provisions of chapter 35 of title 42.
     (b) All controversies arising out of application of any provision of this section shall be
determined by the general manager or his or her designated hearing officer, who shall afford a
hearing to the passenger and/or his or her parent or guardian, and, after hearing, shall render a
written decision. The decision of the general manager or hearing officer shall be final except that
the passenger aggrieved by the decision shall have a right of appeal to the superior court, which
shall affirm the decision unless it is clearly erroneous or contrary to law. The hearing shall be
conducted in accordance with the provisions of chapter 35 of title 42.
     (c) Notice shall be provided to the RIde funding agency or agencies for any hearing
regarding their client/passengers on RIde vehicles. A representative of the RIde funding agency or
agencies may attend the hearing. The general manager or hearing officer will consider the
recommendation of the RIde funding agency's representative in rendering his/her decision.
     (d) The decision of the general manager or hearing officer may include:
     (1) Refusing to transport a person whose violation of the rules of the authority threatens
the health and safety of passengers or employees of the authority, for a period not to exceed six (6)
months; and/or
     (2) Revoking a passenger's ticket, pass, or other fare medium, regardless of the number of
trips or time period for which the ticket, pass, or other fare medium is valid, if the passenger's
continued presence on an authority vehicle or at an authority facility threatens the health or safety
of the authority's other passengers or employees. The authority shall within a reasonable time after
such a revocation, refund to the passenger the unused value of the ticket, pass, or other fare medium.
     (e) Nothing under this section precludes any other action permitted by law.
     (f) All RIde buses shall be installed with passenger security cameras when federal funds
become available for this purpose.
     (g) Any person seeking employment as a RIde bus driver shall undergo a criminal
background check to be initiated prior to or within one week of employment. All employees hired
prior to the enactment of this subsection shall be exempted from its requirements.
     (1) The applicant shall apply to the bureau of criminal identification (BCI), department of
attorney general, state police or local police department where he or she resides, for a statewide
criminal records check. Fingerprinting shall not be required. Upon the discovery of any
disqualifying information as defined in § 23-17-37, the bureau of criminal identification, of the
state police, or the local police department will inform the applicant, in writing, of the nature of the
disqualifying information; and, without disclosing the nature of the disqualifying information, will
notify the employer, in writing, that disqualifying information has been discovered.
     (2) An individual against whom disqualifying information has been found may request that
a copy of the criminal background report be sent to the employer who shall make a judgment
regarding the ability of the individual to drive a RIde bus. In those situations in which no
disqualifying information has been found, the bureau of criminal identification, state police, or local
police department shall inform the applicant and the employer in writing of this fact.
     (3) The criminal record check requirements of this section shall apply only to persons
seeking to drive RIde buses.
     39-18-9. Revenues.
     The authority is hereby authorized and empowered to fix and revise from time to time, such
schedules of service and such rates of fare and charges for service furnished or operated as it
determines to be reasonable. The schedules of service, rates of fare, and charges for service shall
not be subject to supervision or regulation by any commission, board, bureau, or agency of the state
or of any municipality or other political subdivision of the state; except as provided in § 39-18-4.
Provided, however, if there are any changes in frequency of services of more than fifteen percent
(15%), providers of service, rates of service, other than system wide changes, and charges for
service shall be presented for comment in at least one public hearing scheduled in an accessible
location in each county affected, and the hearing shall be scheduled in two (2) sessions, one during
daytime business hours and one during evening hours. The revenues derived from the authority's
operations and any other funds or property received or to be received by the authority (including,
without limitation, any funds or other property received or to be received by the authority pursuant
to § 39-18-4(a)(10)), in whole or in part, at any time and from time to time, may be pledged to, and
charged with, the payment of the principal of and the interest on some or all of the authority's bonds
as provided for in the resolution authorizing the issuance of the bonds or in the trust agreement
securing the bonds. The pledge shall be valid and binding from the time when the pledge is made;
the revenues, funds, or other property so pledged, and thereafter received by the authority, shall
immediately be subject to the lien of the pledge without any physical delivery thereof or further
act, and the lien of any pledge shall be valid and binding as against all parties having claims of any
kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have
notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be
filed or recorded except in the records of the authority.
     SECTION 11. 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 subsection (a)(1) § 39-18.1-4(b)(1) – (b)(3) of this section 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 to the Rhode Island
public transit authority for operating expenditures.
     (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 an amount of not less than
five million dollars ($5,000,000) each fiscal year.
     (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 12. Section 39-21-10 of the General Laws in Chapter 39-21 entitled “E-911
Uniform Emergency Telephone System Division” is hereby amended to read as follows:
     39-21-10. Appropriation of revenues.
     With the exception of money received by the division from the sale or licensing of
communications and educational materials regarding the use of 911 as a uniform emergency
telephone number and system, all money received by the division for the use of the facilities of the
project shall be paid over to the general treasurer and by him or her deposited in the fund. All
money in the fund is hereby appropriated by the provisions of the chapter to be expended by the
division for administration and all expenses relating to the planning, construction, equipping,
operational operation, and maintenance of the project; and the state controller is hereby
authorized and directed to draw his or her orders upon the general treasurer for the payment of such
sum or sums as may be necessary from time to time. All money received by the division for the
sale or licensing of communications and educational materials as described in this chapter shall be
deposited into a separate account or fund by the general treasurer for the sole restricted purpose of
financially supporting the creation, distribution, and use of public educational materials regarding
the use of 911 as a uniform emergency telephone number and system. For these purposes, the state
controller is hereby authorized and directed to draw his or her orders upon the general treasurer for
the payment of such sum or sums as may be necessary from time to time as determined by the
associate director or his or her designee.
     SECTION 13. Section 39-21.1-4 and 39-21.1-16 of the General Laws in Chapter 39-21.1
entitled “911 Emergency Telephone Number Act” are hereby amended to read as follows:
     39-21.1-4. Confidentiality.
     Automatic number identification (ANI) and automatic location identification (ALI)
information that consists of the name, address, and telephone numbers of telephone subscribers
shall be confidential. Dissemination of the information contained in the 911 automatic number and
automatic location data base is prohibited except for the following purposes:
     (1) The information will be provided to the public safety answering point (PSAP) on a call-
by-call basis only for the purpose of handling emergency calls, or for training and any permanent
record of the information shall be secured by the public safety answering points and disposed of in
a manner which will retain that security except as otherwise required by applicable law.
     (2) All telephone calls and telephone call transmissions received pursuant to this chapter
and all tapes containing records of telephone calls shall remain confidential and used only for the
purpose of handling emergency calls and for public safety purposes as may be needed for law
enforcement, fire, medical, rescue or other emergency services. The calls shall not be released to
any other parties without the written consent of the person whose voice is recorded, or upon order
of the court.
     (3) The ALI -- ANI Database may be provided to all city, state and town emergency
management agencies, fire departments and police departments of the state of Rhode Island for the
purposes of, and restricted to, establishing systems of emergency public warning. ALI -- ANI
Database shall be defined as automatic location identification and automatic number identification
information identifying the land-line telephone numbers and addresses (but shall not include the
names, whether listed, unlisted or unpublished) of subscribers to telephone common carrier services
in the state.
     (4) Telephone numbers, including listed, unlisted and unpublished numbers, and street
numbers and addresses (excluding individual names), if contained within the Rhode Island E-911
ALI -- ANI Database, may be provided by Rhode Island E-911, on a reasonable basis as determined
by Rhode Island E-911 to city, state and town emergency management agencies, fire departments
and police departments for the sole purpose of allowing individual city, state or town emergency
management agency, fire department, and/or police department to warn local residents of imminent
and significant threats to public safety.
     (5) The city or town local emergency warning system ALI -- ANI Database shall be located
in a restricted access and secured facility located within the local emergency management office,
fire department and/or police department. Additionally the local emergency warning system ALI -
- ANI Database shall be secure from unauthorized access and shall be accessible only by the city
or town emergency management director, fire chief or police chief and no more than three (3)
department members (who shall be known as emergency warning officers) appointed in writing by
the respective department director or chief with a copy of the appointment which includes the name,
title, and duration of appointment sent to Rhode Island E-911. The activation of the local emergency
warning system can only be approved and authorized by the department director or chief or his/her
authorized emergency warning officer. Any any access to the local ALI -- ANI data base shall be
documented by use of a secure electronic log that records such access and which shall be maintained
for a period of no less than twelve (12) months. Any unauthorized and/or inappropriate access of
the local emergency warning system ALI -- ANI Database is to be reported immediately in writing
to Rhode Island E-911.
     (6) A violation of the provisions of this section shall be a criminal offense punishable by
up to one year imprisonment and/or a fine not to exceed one thousand dollars ($1,000).
     39-21.1-16. Providing false information.
     No person shall call or otherwise cause the number nine-one-one (911) to be called for the
purpose of knowingly making a false alarm or complaint or reporting false information which could
result in the dispatch of emergency services from any public agency as defined in § 39-21.1-3(6)
39-21.1-3(7) of this chapter. Any person violating the provisions of this section, upon conviction,
shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars
($1,000) or imprisonment for a term not exceeding one year or both.
     SECTION 14. Sections 39-21.2-3, 39-21.2-4 and 39-21.2-5 of the General Laws in Chapter
39-21.2 entitled “Prepaid Wireless E911 Charge Act” are hereby amended to read as follows:
     39-21.2-3. Definitions.
     For purposes of this chapter, the following terms shall have the following meanings:
     (1) "Consumer" means a person who purchase purchases prepaid wireless
telecommunications service in a retail transaction.
     (2) "Division" means the division of taxation.
     (3) "Prepaid wireless charge" means the charge that is required to be collected by a seller
from a consumer in the amount established under § 39-21.2-4.
     (4) "Prepaid wireless telecommunications service" means a wireless telecommunications
service that allows a caller to dial 911 to access the 911 system, which service must be paid for in
advance and is sold in predetermined units or dollars of which the number declines with use in a
known amount.
     (5) "Provider" means a person that provides prepaid wireless telecommunications service
pursuant to a license issued by the Federal Communications Commission.
     (6) "Retail transaction" means the purchase of prepaid wireless telecommunications service
from a seller for any purpose other than resale.
     (7) "Seller" means a person who sells prepaid wireless telecommunications service to
another person.
     (8) "Wireless telecommunications service" means commercial mobile radio service as
defined by section 20.3 of title 47 of the code of Federal Regulations, as amended.
     39-21.2-4. E-911 surcharge.
     (a) Amount of charge. The prepaid wireless E-911 charge is hereby levied at the rate of
two and one-half percent (2.5%) per retail transaction or, on and after the effective date of an
adjusted amount per retail transaction that is established under subsection (f) of this section,
such adjusted amount.
     (b) Collection of charge. The prepaid wireless charge shall be collected by the seller from
the consumer with respect to each retail transaction occurring in this state. The amount of the
prepaid wireless charge shall be either separately stated on an invoice, receipt, or other similar
document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
     (c) Application of charge. For purposes of subsection (b) of this section, a retail transaction
that is effected in person by a consumer at a business location of the seller shall be treated as
occurring in this state if that business location is in this state, and any other retail transaction shall
be treated as occurring in this state if the retail transaction is treated as occurring in this state for
purposes of chapter 18 of title 44.
     (d) Liability for charge. The prepaid wireless charge is the liability of the consumer and
not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless
charges that the seller collects from consumers as provided in § 39-21.2-5, including all such
charges that the seller is deemed to collect where the amount of the charge has not been separately
stated on an invoice, receipt, or other similar document provided to the consumer by the seller.
     (e) Exclusion of charge from base of other taxes and fees. The amount of the prepaid
wireless charge that is collected by a seller from a consumer, if such amount is separately stated on
an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be
included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this
state, any political subdivision of this state, or any intergovernmental agency, including, but not
limited to, the tax imposed under chapter 18 of title 44 nor be included within the telephone
common carrier's gross earnings for the purpose of computing the tax under chapter 13 of title 44.
     (f) [Deleted by P.L. 2019, ch. 88, art. 2, § 9].
     (g) Bundled transactions. When prepaid wireless telecommunications service is sold with
one or more other products or services for a single, non-itemized price, then the percentage
specified in subsection (a) of this section shall apply to the entire non-itemized prices unless the
seller elects to apply such percentage (1) If the amount of prepaid wireless telecommunications
service is disclosed to the consumer as a dollar amount, such dollar amount, or (2) If the retailer
can identify the portion of the price that is attributable to the prepaid wireless telecommunications
service, by reasonable and verifiable standards from its books and records that are kept in the
regular course of business for other purposes, including, but not limited to, non-tax purposes, such
portion.
     However, if a minimal amount of prepaid wireless telecommunications service is sold with
a prepaid wireless device for a single, non-itemized price, then the seller may elect not to apply the
percentage specified in subsection (a) of this section to such transaction. For purposes of this
paragraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or
less, is minimal.
     39-21.2-5. Administration of E-911 charge.
     (a) Time and manner of payment. Prepaid wireless E-911 charges collected by sellers shall
be remitted to the division at the times and in the manner provided by the streamlined sales and use
tax as described in § 44-18.1-34. The division shall establish registration and payment procedures
that substantially coincide with the registration and payment procedures that apply to the
streamlined sales and use tax.
     (b) Seller administrative deduction. A seller shall be permitted to deduct and retain one
percent (1%) of prepaid wireless E-911 charges that are collected by the seller from consumers.
     (c) Audit and appeal procedures. The audit and appeal procedures applicable to sales and
use tax under § 44-19-18 of the general laws chapter 19 of title 44 shall apply to prepaid wireless
E-911 charges.
     (d) Exemption documentation. The division shall establish procedures by which a seller of
prepaid wireless telecommunications service may document that a sale is not a retail transaction,
which procedures shall substantially coincide with the procedures form for documenting sale for
resale transactions for sales tax purposes under § 44-19-18 44-18-25.
     (e) All E-911 fees collected pursuant to this section shall be deposited in a restricted-receipt
account and used solely for the operation of the E-911 uniform emergency telephone system.
     SECTION 15. Section 39-23-2 of the General Laws in Chapter 39-23 entitled “Adaptive
telephone Equipment Loan Program Committee” is hereby amended to read as follows:
     39-23-2. Duties.
     The duties of the committee shall include but not be limited to advising on the
implementation of the telecommunications device for the impaired distribution program authorized
by § 39-1-42(a)(ii) 39-1-42(a)(2), and providing periodic review of activities, policies, regulations,
procedures, programs, and operation of the program.
     SECTION 16. Section 39-26-2 in Chapter 39-26 entitled “Renewable Energy Standard” is
hereby amended to read as follows:
     39-26-2. Definitions.
     When used in this chapter:
     (1) "Alternative compliance payment" means a payment to the Renewable Energy
Development Fund of fifty dollars ($50.00) per megawatt-hour of renewable energy obligation, in
2003 dollars, adjusted annually up or down by the consumer price index, which may be made in
lieu of standard means of compliance with this statute;
     (2) "Commission" means the Rhode Island public utilities commission;
     (3) "Compliance year" means a calendar year beginning January 1 and ending December
31, for which an obligated entity must demonstrate that it has met the requirements of this statute;
     (4) "Customer-sited generation facility" means a generation unit that is interconnected on
the end-use customer's side of the retail electricity meter in such a manner that it displaces all or
part of the metered consumption of the end-use customer;
     (5) "Electrical energy product" means an electrical energy offering, including, but not
limited to, last resort and standard offer service, that can be distinguished by its generation attributes
or other characteristics, and that is offered for sale by an obligated entity to end-use customers;
     (6) "Eligible biomass fuel" means fuel sources including brush, stumps, lumber ends and
trimmings, wood pallets, bark, wood chips, shavings, slash and other clean wood that is not mixed
with other solid wastes; agricultural waste, food and vegetative material; energy crops; landfill
methane; biogas; or neat bio-diesel and other neat liquid fuels that are derived from such fuel
sources;
     (7) "Eligible renewable energy resource" means resources as defined in § 39-26-5;
     (8) "End-use customer" means a person or entity in Rhode Island that purchases electrical
energy at retail from an obligated entity;
     (9) "Existing renewable energy resources" means generation units using eligible renewable
energy resources and first going into commercial operation before December 31, 1997;
     (10) "Generation attributes" means the nonprice characteristics of the electrical energy
output of a generation unit including, but not limited to, the unit's fuel type, emissions, vintage and
policy eligibility;
     (11) "Generation unit" means a facility that converts a fuel or an energy resource into
electrical energy;
     (12) "NE-GIS" means the generation information system operated by NEPOOL, its
designee or successor entity, which includes a generation information database and certificate
system, and that accounts for the generation attributes of electrical energy consumed within
NEPOOL;
     (13) "NE-GIS certificate" means an electronic record produced by the NE-GIS that
identifies the relevant generation attributes of each megawatt-hour accounted for in the NE-GIS;
     (14) "NEPOOL" means the New England Power Pool or its successor;
     (15) "New renewable energy resources" means generation units using eligible renewable
energy resources and first going into commercial operation after December 31, 1997; or the
incremental output of generation units using eligible renewable energy resources that have
demonstrably increased generation in excess of ten percent (10%) using eligible renewable energy
resources through capital investments made after December 31, 1997; but in no case involve any
new impoundment or diversion of water with an average salinity of twenty (20) parts per thousand
or less;
     (16) "Obligated entity" means a person or entity that sells electrical energy to end-use
customers in Rhode Island, including, but not limited to: nonregulated power producers and electric
utility distribution companies, as defined in § 39-1-2, supplying standard offer service, last resort
service, or any successor service to end-use customers; including Narragansett Electric, but not to
include Block Island Power Company as described in § 39-26-7 or Pascoag Utility District;
     (17) "Off-grid generation facility" means a generation unit that is not connected to a utility
transmission or distribution system;
     (18) "Reserved certificate" means a NE-GIS certificate sold independent of a transaction
involving electrical energy, pursuant to Rule 3.4 or a successor rule of the operating rules of the
NE-GIS;
     (19) "Reserved certificate account" means a specially designated account established by an
obligated entity, pursuant to Rule 3.4 or a successor rule of the operating rules of the NE-GIS, for
transfer and retirement of reserved certificated from the NE-GIS;
     (20) "Self-generator" means an end-use customer in Rhode Island that displaces all or part
of its retail electricity consumption, as metered by the distribution utility to which it interconnects,
through the use of a customer-sited generation facility, and the ownership of any such facility shall
not be considered an obligated entity as a result of any such ownership arrangement;
     (21) "Small hydro facility" means a facility employing one or more hydroelectric turbine
generators and with an aggregate capacity not exceeding thirty (30) megawatts. For purposes of
this definition, "facility" shall be defined in a manner consistent with Title 18 of the Code of Federal
Regulations, section 92.201 et seq.; provided, however, that the size of the facility is limited to
thirty (30) megawatts, rather than eighty (80) megawatts.
     (22) "Renewable energy resource" means any one or more of the renewable energy
resources described in subsection 39-26-5(a) of this chapter.
     SECTION 17. Sections 39-26.1-7 and 39-26.1-9 of the General Laws in Chapter 39-26.1
entitled “Long – Term Contracting Standard for Renewable Energy” are hereby amended to read
as follows:
     39-26.1-7. Town of New Shoreham Project.
     (a) The general assembly finds it is in the public interest for the state to facilitate the
construction of a small-scale offshore wind demonstration project off the coast of Block Island,
including an undersea transmission cable that interconnects Block Island to the mainland in order
to: position the state to take advantage of the economic development benefits of the emerging
offshore wind industry; promote the development of renewable energy sources that increase the
nation's energy independence from foreign sources of fossil fuels; reduce the adverse
environmental and health impacts of traditional fossil fuel energy sources; and provide the Town
of New Shoreham with an electrical connection to the mainland. To effectuate these goals, and
notwithstanding any other provisions of the general or public laws to the contrary, the Town of
New Shoreham project, its associated power purchase agreement, transmission arrangements, and
related costs are authorized pursuant to the process and standards contained in this section. The
Narragansett Electric Company is hereby authorized to enter into an amended power purchase
agreement with the developer of offshore wind for the purchase of energy, capacity, and any other
environmental and market attributes, on terms that are consistent with the power purchase
agreement that was filed with the commission on December 9, 2009 in docket 4111, and
amendments changing dates and deadlines, provided that the pricing terms of such agreement are
amended as more fully described in subsection 39-26.1-7(e) of this section, in addition to other
amendments that are made to take into account the provisions of this section as amended since the
filing of the agreement in docket 4111. Any amendments shall ensure that the pricing can only be
lower, and never exceed, the original pricing included in the power purchase agreement that was
reviewed in docket 4111. The demonstration project subject to the amended power purchase
agreement shall include up to (but not exceeding) eight (8) wind turbines with aggregate nameplate
capacity of no more than thirty (30) megawatts, even if the actual capacity factor of the project
results in the project technically exceeding ten (10) megawatts.
     (b) The amended power purchase agreement shall be filed with the Public Utilities
Commission. Upon the filing of the amended power purchase agreement, the commission shall
open a new docket. The commission shall allow the parties to docket 4111 to become parties in the
new docket who may file testimony within fifteen (15) days of the filing of the amended agreement.
The commission shall allow other interventions on an expedited basis, provided they comply with
the commission standards for intervention. The developer shall provide funding for the economic
development corporation to hire an expert experienced in power markets, renewable energy project
financing, and power contracts who shall provide testimony regarding the terms and conditions of
the power purchase agreement to assist the commission in its review, provided that the developer
shall be precluded from influencing the choice of expert, which shall be in the sole discretion of
the economic development corporation. This testimony shall be filed within twenty (20) days after
the filing of the amended power purchase agreement. The parties shall have the right to respond to
the testimony of this expert through oral examination at the evidentiary hearings. The commission
shall hold one public comment hearing within five (5) days after the filing of the expert testimony.
Evidentiary hearings shall commence no later than thirty (30) days from the filing of the amended
power purchase agreement.
     (c) The commission shall review the amended power purchase agreement taking into
account the state's policy intention to facilitate the development of a small offshore wind project in
Rhode Island waters, while at the same time interconnecting Block Island to the mainland. The
commission shall review the amended power purchase agreement and shall approve it if:
     (i) The amended agreement contains terms and conditions that are commercially
reasonable;
     (ii) The amended agreement contains provisions that provide for a decrease in pricing if
savings can be achieved in the actual cost of the project pursuant to subsection 39-26.1-7(e) of this
section;
     (iii) The amended agreement is likely to provide economic development benefits,
including: facilitating new and existing business expansion and the creation of new renewable
energy jobs; the further development of Quonset Business Park; and, increasing the training and
preparedness of the Rhode Island workforce to support renewable energy projects; and
     (iv) The amended power purchase agreement is likely to provide environmental benefits,
including the reduction of carbon emissions. An advisory opinion on the findings of economic
benefit set forth in (iii) above shall be provided by the Rhode Island economic development
corporation and an advisory opinion on the environmental benefits set forth in (iv) above shall be
filed by the Rhode Island department of environmental management. The advisory opinions shall
be filed with the commission within twenty (20) days of filing of the amended power purchase
agreement. The commission shall give substantial deference to the factual and policy conclusions
set forth in the advisory opinions in making the required findings. Notwithstanding any other
provisions of the general laws to the contrary, for the purposes of this section, "commercially
reasonable" shall mean terms and pricing that are reasonably consistent with what an experienced
power market analyst would expect to see for a project of a similar size, technology and location,
and meeting the policy goals in subsection (a) of this section.
     (d) The commission shall issue a written decision to accept or reject the amended power
purchase agreement, without conditions, no later than forty-five (45) days from the filing of the
amended power purchase agreement, without delay or extension of the timeframes contained in
this section. Any review of the commission's decision shall be according to chapter 5 of title 39,
and the supreme court shall advance any proceeding under this section so that the matter is afforded
precedence on the calendar and shall be heard and determined with as little delay as possible. The
provisions of § 39-26.1-4 and the provisions of subsections (b), (c), (d), and (f) of § 39-26.1-5 shall
apply, and all costs incurred in the negotiation, administration, enforcement, transmission
engineering associated with the design of the cable, and implementation of the project and
agreement shall be recovered annually by the electric distribution company in electric distribution
rates. The pricing under the agreement shall not have any precedential effect for purposes of
determining whether other long-term contracts entered into pursuant to this chapter are
commercially reasonable.
     (e) Cap and lower price. (i) The amended power purchase agreement subject to subsection
39-26.1-7(a) of this section shall provide for terms that shall decrease the pricing if savings can be
achieved in the actual cost of the project, with all realized savings allocated to the benefit of
ratepayers. (ii) The amended power purchase agreement shall also provide that the initial fixed
price contained in the signed power purchase agreement submitted in docket 4111 shall be the
maximum initial price, and any realized savings shall reduce such price. After making any such
reduction to the initial price based on realized savings, the price for each year of the amended power
purchase agreement shall be fixed by the terms of said agreement. (iii) The amended power
purchase agreement shall require that the costs of the project shall be certified by the developer.
An independent third-party acceptable to the division of public utilities and carriers shall within
thirty (30) days of this certification by the developer, verify the accuracy of such costs at the
completion of the construction of the project. The reasonable costs of this verification, shall be paid
for by the developer. Upon receipt of such third-party verification, the division shall notify the
Narragansett Electric Company of the final costs. The public utilities commission shall reduce the
expense to ratepayers consistent with a verified reduction in the project costs.
     (f) The project shall include a transmission cable between the Town of New Shoreham and
the mainland of the state. The electric distribution company, at its option, may elect to own, operate,
or otherwise participate in such transmission cable project. The electric distribution company,
however, has the option to decline to own, operate, or otherwise participate in the transmission
cable project. The electric distribution company may elect to purchase the transmission cable and
related facilities from the developer or an affiliate of the developer, pursuant to the terms of a
transmission facilities facility’s purchase agreement negotiated between the electric distribution
company and the developer or its affiliate, an unexecuted copy of which shall be provided to the
division of public utilities and carriers for the division's consent to execution. The division shall
have twenty (20) days to review the agreement. If the division independently determines that the
terms and pricing of the agreement are reasonable, taking into account the intention of the
legislature to advance the project as a policy-making matter, the division shall provide its written
consent to the execution of the transmission facilities purchase agreement. Once written consent is
provided, the electric distribution company and its transmission affiliate are authorized to make a
filing with the federal energy regulatory commission to put into effect transmission rates to recover
all of the costs associated with the purchase of the transmission cable and related facilities and the
annual operation and maintenance. The revenue requirement for the annual cable costs shall be
calculated in the same manner that the revenue requirement is calculated for other transmission
facilities in Rhode Island for local network service under the jurisdiction of the federal energy
regulatory commission. The division shall be authorized to represent the State of Rhode Island in
those proceedings before the federal energy regulatory commission, including the authority to enter
into any settlement agreements on behalf of the state to implement the intention of this section. The
division shall support transmission rates and conditions that allow for the costs related to the
transmission cable and related facilities to be charged in transmission rates in a manner that
socializes the costs throughout Rhode Island. Should the electric distribution company own,
operate, and maintain the cable, the annual costs incurred by the electric distribution company
directly or through transmission charges shall be recovered annually through a fully reconciling
rate adjustment from customers of the electric distribution company and/or from the Block Island
Power Company or its successor, subject to any federal approvals that may be required by law. The
allocation of the costs related to the transmission cable through transmission rates or otherwise
shall be structured so that the estimated impact on the typical residential customer bill for such
transmission costs for customers in the Town of New Shoreham shall be higher than the estimated
impact on the typical residential customer bill for customers on the mainland of the electric
distribution company. This higher charge for the customers in the Town of New Shoreham shall be
developed by allocating the actual cable costs based on the annual peak demands of the Block
Island Power Company and the electric distribution company, and these resultant costs recovered
in the per kWh charges of each company. In any event, the difference in the individual charge per
kWh or per customer/month shall not exceed the ratio of average demand to peak demand for Block
Island Power Company relative to the electric distribution company, currently at 1.8 to 1.0
respectively. To the extent that any state tariffs or rates must be put into effect in order to implement
the intention of this section, the public utilities commission shall accept filings of the same and
shall approve them.
     (g) Any charges incurred by the Block Island Power Company or its successor pursuant to
this section or other costs incurred by the Block Island Power Company in implementing this
section, including the cost of participation in regulatory proceedings in the state or at the federal
energy regulatory commission shall be recovered annually in rates through a fully reconciling rate
adjustment, subject to approval by the commission. If the electric distribution company owns,
operates, or otherwise participates in the transmission cable project, pursuant to subsection 39-26.1-
7(b) (f) of this section, the provisions of § 39-26.1-4 shall not apply to the cable cost portion of the
Town of New Shoreham Project.
     (h) Any contract entered into pursuant to this section shall count as part of the minimum
long-term contract capacity.
     (i) If the electric distribution company elects not to own the transmission cable, the
developer may elect to do so directly, through an affiliate, or a third-party and the power purchase
agreement pricing shall be adjusted to allow the developer, an affiliate or a third-party, to recover
the costs (including financing costs) of the transmission facilities, subject to complying with the
terms as set forth in the power purchase agreement between the developer and the electric
distribution company.
     39-26.1-9. Town of Johnston Project.
     Notwithstanding any other provisions of this chapter to the contrary:
     (1) The Narragansett Electric Company is hereby authorized, at its sole discretion, to
procure a commercially reasonable long-term contract for a newly developed renewable energy
resource fueled by landfill gas from the central landfill in the town of Johnston on a timetable earlier
than is otherwise set forth in this chapter.
     (2) Any such contract executed on or before May 21, 2010 shall be legal, binding and
enforceable and shall not be subject to commission approval if:
     (i) Such resource has a gross nameplate capacity rating of less than thirty-seven (37)
megawatts; and
     (ii) Such contract is:
     (A) For a term not in excess of twenty (20) years; and
     (B) Contains such other terms and conditions as may be approved by the director of the
department of administration, such approval to be indicated by written confirmation of the director
delivered to an electric distribution company prior to such contract becoming effective.
     (3) The power purchase agreement shall be reviewed by the administrator of the division
of public utilities and carriers, the executive director of the Rhode Island economic development
corporation, the administrator of the office of energy resources, and the director of the department
of administration. Certified copies of the executed agreement shall be provided to each agency by
the Narragansett Electric Company and published on the website of the division of public utilities
and carriers for public inspection. Members of the public shall have fifteen (15) days to submit
written comments to the four (4) agencies for the respective agency consideration; however, no
evidentiary hearings shall be required.
     (4) Within thirty (30) days of receipt of the agreement each of the four (4) agencies in
subsection (c) (3) of this section shall issue a certification or decline certification in writing. Such
certifications or declinations shall be final and conclusive as a matter of law and not subject to
appeal. The respective certification determinations shall be made to the division of public utilities
and carriers as follows:
     (i) The administrator of the division of public utilities and carriers shall certify the
agreement if the administrator determines that the agreement is consistent with the provisions of
this chapter and this section;
     (ii) The executive director of the Rhode Island economic development corporation shall
certify the agreement if the executive director determines that the project encourages and facilitates
the creation of jobs in Rhode Island in the renewable energy sector;
     (iii) The administrator of the office of energy resources shall certify the agreement if the
administrator determines that the agreement fulfills the declared policy of this chapter and this
section.
     (iv) The director of the department of administration shall certify the agreement if the
director determines that the contractual terms of the agreement are reasonable and in the best
interest of the state in accordance with this chapter and section.
     (5) Upon receipt of the certifications pursuant to subsection (d) (4) of this section, the
division shall review such certifications and confirm that each is in conformance with this section.
     (6) Within five (5) days of receipt of the certifications by the division, the division shall
file the agreement with the commission. Upon such filing, the agreement shall be deemed accepted
and fully enforceable.
     (7) If one or more of the certifications is not received by the division within the thirty (30)
day period thirty - day (30) period established by this section, the division shall, within fifteen
(15) days, consider the reasons, if any, provided by the agency not providing such certification and
the division shall, within such fifteen (15) day – day-(15) period, make a final determination on
the question originally assigned to the non-certifying agency. If the division determines that,
notwithstanding the lack of certification from the non-certifying agency, such certification should
be issued, the division shall make such certification, which certification shall have the same effect
as if it had been made by the agency which first considered such question. If, in the case of a lack
of certification from an agency, the division determines that such certifications shall not be issued,
then the division shall not file the agreement with the commission and the agreement shall have no
effect.
     (8) The Narragansett Electric Company's act of having entered into this agreement and its
terms and pricing shall be deemed prudent for purposes of any future regulatory proceedings before
the commission and recovery of the costs incurred in making payments under the terms of the
agreement shall not be subject to challenge in any future commission proceedings. The provisions
of § 39-26.1-4 and the provisions of subsections (b), (c), (d), and (f) of § 39-26.1-5 shall apply, and
all costs incurred in, or savings resulting from, the administration and implementation of the
agreement shall be recovered annually by the electric distribution company and its customers in
electric distribution rates. Any contract entered into pursuant to this section shall count as part of
the minimum long-term contract capacity.
     (9) The electric distribution company shall be authorized upon appropriate notice and filing
with the commission, to allocate all products purchased under any power purchase agreements
entered into pursuant to chapter 39-26.1 of title 39 to its standard offer service customers at the
market price and to allocate any difference, whether positive or negative, between the costs of the
power purchase agreement and the market price of the products purchased under the power
purchase agreement to all of its electric distribution customers.
     (10) The provisions of this section shall be severable from the other provisions of this
chapter, and shall remain in effect regardless of any judicial challenge to other sections of this
chapter.
     SECTION 18. Sections 39-26.2-3 and 39-26.2-11 of the General Laws in Chapter 39-26.2
entitled “Distributed Generation Standard Contracts” are hereby amended to read as follows:
     39-26.2-3. Definitions.
     When used in this chapter, the following terms shall have the following meanings:
     (1) "Annual target" means the target for total renewable energy nameplate capacity of new
distributed generation standard contracts set out in § 39-26.2-3 39-26.2-4.
     (2) "Commission" means the Rhode Island public utilities commission.
     (3) "Board" shall mean the distributed generation standard contract board established
pursuant to the provisions of chapter 39-26.2-9 § 39-26.2-10, or the office of energy resources.
Until such time as the board is duly constituted, the office of energy resources shall serve as the
board with the same powers and duties pursuant to this chapter.
     (4) "Distributed generation contract capacity" means ten percent (10%) of an electric
distribution company's minimum long-term contract capacity under the long-term contracting
standard for renewable energy in § 39-26.1-2 39-26.1-3, inclusive of solar capacity. The distributed
generation contract capacity shall be reserved for acquisition by the electric distribution company
through standard contracts pursuant to the provisions of this chapter.
     (5) "Distributed generation facility" means an electrical generation facility that is a newly
developed renewable energy resource as defined in § 39-26.1-2, located in the electric distribution
company's load zone with a nameplate capacity no greater than five megawatts (5 MW), using
eligible renewable energy resources as defined by § 39-26-5, including biogas created as a result
of anaerobic digestion, but, specifically excluding all other listed eligible biomass fuels, and
connected to an electrical power system owned, controlled, or operated by the electric distribution
company.
     (6) "Distributed generation project" means a distinct installation of a distributed generation
facility. An installation will be considered distinct if it is installed in a different geographical
location and at a different time, or if it involves a different type of renewable energy class.
     (7) "Electric distribution company" means a company defined in subdivision 39-1-2(12),
supplying standard offer service, last resort service, or any successor service to end-use customers,
but not including the Block Island Power Company or the Pascoag Utility District.
     (8) "Large distributed generation project" means a distributed generation project that has a
nameplate capacity that exceeds the size of a small distributed generation project in a given year,
but is no greater than three megawatts (3 MW) nameplate capacity.
     (9) "Office" means the Rhode Island office of energy resources.
     (10) "Program year" means a calendar year beginning January 1 and ending December 31.
     (11) "Renewable energy classes" means categories for different renewable energy
technologies using eligible renewable energy resources as defined by § 39-26-5. For each program
year, the board shall determine the renewable energy classes as are reasonably feasible for use in
meeting distributed generation objectives from renewable energy resources and are consistent with
the goal of meeting the annual target for the program year. For the program year ending December
31, 2012, there shall be at least four (4) technology classes and at least two (2) shall be for solar
generation technology, and at least one shall be for wind. The board may add, eliminate, or adjust
renewable energy classes for each program year with public notice given at least sixty (60) days
previous to any renewable energy class change becoming effective. For each program year, the
board shall set renewable energy class targets for each class established. Class targets are the total
program-year target amounts of nameplate capacity reserved for standard contracts for each
renewable energy class. The sum of all the class targets shall equal the annual target.
     (12) "Renewable energy credit" means a New England Generation Information System
renewable energy certificate as defined in subdivision 39-26-2(13);
     (13) "Small distributed generation project" means a distributed generation renewable
energy project that has a nameplate capacity within the following: Solar: fifty kilowatts (50 KW)
to five hundred kilowatts (500 KW); Wind: fifty kilowatts (50 KW) to one and one-half megawatts
(1.5 MW). For technologies other than solar and wind, the board shall set the nameplate capacity
size limits, but such limits may not exceed one megawatt. The board may lower the nameplate
capacity from year to year for any of these categories, but may not increase the capacity beyond
what is specified in this definition. In no case may a project developer be allowed to segment a
distributed generation project into smaller sized projects in order to fall under this definition.
     (14) "Standard contract" means a contract with a term of fifteen (15) years at a fixed rate
for the purchase of all capacity, energy, and attributes generated by a distributed generation facility.
A contract may have a different term if it is mutually agreed to by the seller and the electric
distribution company and it is approved by the commission. The terms of the standard contract for
each program year and for each renewable energy class shall be set pursuant to the provisions of
this chapter.
     (15) "Standard contract ceiling price" means the standard contract price for the output of a
distributed generation facility which price is approved annually for each renewable energy class
pursuant to the procedure established in this chapter, for the purchase of energy, capacity,
renewable energy certificates, and all other environmental attributes and market products that are
available or may become available from the distributed generation facility.
     39-26.2-11. Composition and appointment.
     (a) The board shall consist of ten (10) members appointed by the governor with the advice
and consent of the senate; seven (7) members shall be voting members, and the governor shall give
due consideration to appointing persons with knowledge of: (1) Energy regulation and law; (2)
Large commercial/industrial users; (3) Small commercial/industrial users; (4) Residential users; (5)
Low income users; (6) Environmental issues pertaining to energy; and (7) Construction of
renewable generation. Three (3) members shall be ex officio, non-voting members, one
representing an electric distribution company, one representing the commissioner of the office of
energy resources and one representing the commerce corporation. From the seven (7) voting
members, the governor shall appoint one person to be chairperson of the board and one person to
be vice chairperson of the board; the commissioner of the office of energy resources shall be the
executive secretary and executive director of the board.
     (b) With the exception of the representative of the commissioner of the office of energy
resources, and the representative of the commerce corporation, the initial appointments
appointment of the other ex officio, non-voting member shall be appointed for a term of two (2)
years, to be thereafter reappointed or replaced by a nonvoting member with terms of two (2) years.
Of the initial appointments of voting members, three (3) voting members shall be appointed for a
term of two (2) years, to be thereafter reappointed or replaced by three (3) voting members with a
term of two (2) years, and four (4) voting members shall be appointed for a term of one year, to be
thereafter reappointed or replaced for each of the following three (3) years by four (4) voting
members with a term of one year.
     (c) A simple majority of the total number of voting members shall constitute a quorum.
     (d) A vacancy other than by expiration shall be filled in the manner of the original
appointment but only for the unexpired portion of the term. The appointing authority shall have the
power to remove its appointee only for just cause.
     (e) The members of the council board shall not be compensated for their service but shall
be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The
provisions of this subdivision shall not apply to the executive secretary/executive director.
     SECTION 19. Sections 39-26.4-2 and 39-26.4-5 of the General Laws in Chapter 39-26.4
entitled “Net Metering” are hereby amended to read as follows:
     39-26.4-2. Definitions.
     Terms not defined in this section herein shall have the same meaning as contained in
chapter 26 of title 39 of the general laws. When used in this chapter:
     (1) "Community remote-net-metering system" means a facility generating electricity using
an eligible net-metering resource that allocates net-metering credits to a minimum of one account
for system associated with low- or moderate-income housing eligible credit recipients, or three (3)
eligible credit-recipient customer accounts, provided that no more than fifty percent (50%) of the
credits produced by the system are allocated to one eligible credit recipient, and provided further
at least fifty percent (50%) of the credits produced by the system are allocated to the remaining
eligible credit recipients in an amount not to exceed that which is produced annually by twenty-
five kilowatt (25 kW) AC capacity. The community remote-net-metering system may transfer
credits to eligible credit recipients in an amount that is equal to or less than the sum of the usage of
the eligible credit recipient accounts measured by the three-year (3) average annual consumption
of energy over the previous three (3) years. A projected annual consumption of energy may be used
until the actual three-year (3) average annual consumption of energy over the previous three (3)
years at the eligible credit recipient accounts becomes available for use in determining eligibility
of the generating system. The community remote-net-metering system may be owned by the same
entity that is the customer of record on the net-metered account or may be owned by a third party.
     (2) "Electric-distribution company" shall have the same meaning as § 39-1-2, but shall not
include block island power company or Pascoag utility district, each of whom shall be required to
offer net metering to customers through a tariff approved by the public utilities commission after a
public hearing. Any tariff or policy on file with the public utilities commission on the date of
passage of this chapter shall remain in effect until the commission approves a new tariff.
     (3) "Eligible credit recipient" means one of the following eligible recipients in the electric-
distribution company's service territory whose electric service account or accounts may receive net-
metering credits from a community remote net-metering system. Eligible credit recipients include
the following definitions:
     (i) Residential accounts in good standing.
     (ii) "Low- or moderate-income housing eligible credit recipient" means an electric service
account or accounts in good standing associated with any housing development or developments
owned or operated by a public agency, nonprofit organization, limited-equity housing cooperative,
or private developer, that receives assistance under any federal, state, or municipal government
program to assist the construction or rehabilitation of housing affordable to low- or moderate-
income households, as defined in the applicable federal or state statute, or local ordinance,
encumbered by a deed restriction or other covenant recorded in the land records of the municipality
in which the housing is located, that:
     (A) Restricts occupancy of no less than fifty percent (50%) of the housing to households
with a gross, annual income that does not exceed eighty percent (80%) of the area median income
as defined annually by the United States Department of Housing and Urban Development (HUD);
     (B) Restricts the monthly rent, including a utility allowance, that may be charged to
residents, to an amount that does not exceed thirty percent (30%) of the gross, monthly income of
a household earning eighty percent (80%) of the area, median income as defined annually by HUD;
     (C) That has Has an original term of not less than thirty (30) years from initial occupancy.
     Electric service account or accounts in good standing associated with housing
developments that are under common ownership or control may be considered a single low- or
moderate-income housing-eligible credit recipient for purposes of this section. The value of the
credits shall be used to provide benefits to tenants.
     (iii) "Educational institutions" means public and private schools at the primary, secondary,
and postsecondary levels.
     (4) "Eligible net-metering resource" means eligible renewable-energy resource, as defined
in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically excluding
all other listed eligible biomass fuels.
     (5) "Eligible net-metering system" means a facility generating electricity using an eligible
net-metering resource that is reasonably designed and sized to annually produce electricity in an
amount that is equal to, or less than, the renewable self-generator's usage at the eligible net-
metering-system site measured by the three-year (3) average annual consumption of energy over
the previous three (3) years at the electric-distribution account(s) located at the eligible net-
metering-system site. A projected annual consumption of energy may be used until the actual three-
year (3) average annual consumption of energy over the previous three (3) years at the electric-
distribution account(s) located at the eligible net-metering-system site becomes available for use in
determining eligibility of the generating system. The eligible net-metering system may be owned
by the same entity that is the customer of record on the net-metered accounts or may be owned by
a third party that is not the customer of record at the eligible net-metering system site and which
may offer a third-party, net-metering financing arrangement or net-metering financing
arrangement, as applicable. Notwithstanding any other provisions of this chapter, any eligible net-
metering resource: (i) Owned by a public entity, educational institution, hospital, nonprofit, or
multi-municipal collaborative or (ii) Owned and operated by a renewable-generation developer on
behalf of a public entity, educational institution, hospital, nonprofit, or multi-municipal
collaborative through net-metering financing arrangement shall be treated as an eligible net-
metering system and all accounts designated by the public entity, educational institution, hospital,
nonprofit, or multi-municipal collaborative for net metering shall be treated as accounts eligible for
net metering within an eligible net-metering-system site.
     (6) "Eligible net-metering-system site" means the site where the eligible net-metering
system or community remote net-metering system is located or is part of the same campus or
complex of sites contiguous to one another and the site where the eligible net-metering system or
community remote-net-metering system is located or a farm in which the eligible net-metering
system or community remote-net-metering system is located. Except for an eligible net-metering
system owned by or operated on behalf of a public entity, educational institution, hospital,
nonprofit, or multi-municipal collaborative through a net-metering financing arrangement, the
purpose of this definition is to reasonably assure that energy generated by the eligible net-metering
system is consumed by net-metered electric service account(s) that are actually located in the same
geographical location as the eligible net-metering system. All energy generated from any eligible
net-metering system is, and will be considered, consumed at the meter where the renewable-energy
resource is interconnected for valuation purposes. Except for an eligible net-metering system
owned by, or operated on behalf of, a public entity, educational institution, hospital, nonprofit, or
multi-municipal collaborative through a net-metering financing arrangement, or except for a
community remote-net-metering system, all of the net-metered accounts at the eligible net-
metering-system site must be the accounts of the same customer of record and customers are not
permitted to enter into agreements or arrangements to change the name on accounts for the purpose
of artificially expanding the eligible net-metering-system site to contiguous sites in an attempt to
avoid this restriction. However, a property owner may change the nature of the metered service at
the accounts at the site to be master metered in the owner's name, or become the customer of record
for each of the accounts, provided that the owner becoming the customer of record actually owns
the property at which the account is located. As long as the net-metered accounts meet the
requirements set forth in this definition, there is no limit on the number of accounts that may be net
metered within the eligible net-metering-system site.
     (7) "Excess renewable net-metering credit" means a credit that applies to an eligible net-
metering system or community remote-net-metering system for that portion of the production of
electrical energy beyond one hundred percent (100%) and no greater than one hundred twenty-five
percent (125%) of the renewable self-generator's own consumption at the eligible net-metering-
system site or the sum of the usage of the eligible credit recipient accounts associated with the
community remote-net-metering system during the applicable billing period. Such excess
renewable net-metering credit shall be equal to the electric-distribution company's avoided cost
rate, which is hereby declared to be the electric-distribution company's standard offer service
kilowatt hour (kWh) charge for the rate class and time-of-use billing period (if applicable)
applicable to the customer of record for the eligible net-metering system or applicable to the
customer of record for the community remote-net-metering system. The commission shall have the
authority to make determinations as to the applicability of this credit to specific generation facilities
to the extent there is any uncertainty or disagreement.
     (8) "Farm" shall be defined in accordance with § 44-27-2, except that all buildings
associated with the farm shall be eligible for net-metering credits as long as: (i) The buildings are
owned by the same entity operating the farm or persons associated with operating the farm; and (ii)
The buildings are on the same farmland as the project on either a tract of land contiguous with, or
reasonably proximate to, such farmland or across a public way from such farmland.
     (9) "Hospital" means and shall be defined and established as set forth in chapter 17 of title
23.
     (10) "Multi-municipal collaborative" means a group of towns and/or cities that enter into
an agreement for the purpose of co-owning a renewable-generation facility or entering into a
financing arrangement pursuant to subdivision (14).
     (11) "Municipality" means any Rhode Island town or city, including any agency or
instrumentality thereof, with the powers set forth in title 45 of the general laws.
     (12) "Net metering" means using electrical energy generated by an eligible, net-metering
system for the purpose of self-supplying electrical energy and power at the eligible net-metering-
system site, or with respect to a community remote-net-metering system, for the purpose of
generating net-metering credits to be applied to the electric bills of the eligible credit recipients
associated with the community net-metering system. The amount so generated will thereby offset
consumption at the eligible net-metering system site through the netting process established in this
chapter, or with respect to a community remote-net-metering system, the amounts generated in
excess of that amount will result in credits being applied to the eligible credit-recipient accounts
associated with the community remote-net-metering system.
     (13) "Net-metering customer" means a customer of the electric-distribution company
receiving and being billed for distribution service whose distribution account(s) are being net
metered.
     (14) "Net-metering financing arrangement" means arrangements entered into by a public
entity, educational institution, hospital, nonprofit, or multi-municipal collaborative with a private
entity to facilitate the financing and operation of a net-metering resource, in which the private entity
owns and operates an eligible net-metering resource on behalf of a public entity, educational
institution, hospital, nonprofit, or multi-municipal collaborative, where: (i) The eligible net-
metering resource is located on property owned or controlled by the public entity, educational
institution, hospital, or one of the municipalities, as applicable, and (ii) The production from the
eligible net-metering resource and primary compensation paid by the public entity, educational
institution, hospital, nonprofit, or multi-municipal collaborative to the private entity for such
production is directly tied to the consumption of electricity occurring at the designated net-metered
accounts.
     (15) "Nonprofit" means a nonprofit corporation as defined and established through chapter
6 of title 7, and shall include religious organizations that are tax exempt pursuant to 26 U.S.C. §
501(d).
     (16) "Person" means an individual, firm, corporation, association, partnership, farm, town
or city of the State of Rhode Island, multi-municipal collaborative, or the State of Rhode Island or
any department of the state government, governmental agency, or public instrumentality of the
state.
     (17) "Project" means a distinct installation of an eligible net-metering system or a
community remote-net-metering system. An installation will be considered distinct if it is installed
in a different location, or at a different time, or involves a different type of renewable energy.
     (18) "Public entity" means the federal government, the state of Rhode Island,
municipalities, wastewater treatment facilities, public transit agencies, or any water distributing
plant or system employed for the distribution of water to the consuming public within this state
including the water supply board of the city of Providence.
     (19) "Renewable net-metering credit" means a credit that applies to an eligible net-metering
system or a community remote-net-metering system up to one hundred percent (100%) of either
the renewable self-generator's usage at the eligible net-metering-system site or the sum of the usage
of the eligible credit-recipient accounts associated with the community remote net-metering system
over the applicable billing period. This credit shall be equal to the total kilowatt hours of electrical
energy generated up to the amount consumed on-site, and/or generated up to the sum of the eligible
credit-recipient account usage during the billing period multiplied by the sum of the distribution
company's:
     (i) Standard offer service kilowatt hour charge for the rate class applicable to the net-
metering customer, except that for remote public entity and multi-municipality collaborative net-
metering systems that submit an application for an interconnection study on or after July 1, 2017,
and community remote-net-metering systems, the standard offer service kilowatt-hour charge shall
be net of the renewable energy standard charge or credit;
     (ii) Distribution kilowatt-hour charge;
     (iii) Transmission kilowatt-hour charge; and
     (iv) Transition kilowatt-hour charge.
     Notwithstanding the foregoing, except for systems that have requested an interconnection
study for which payment has been received by the distribution company, or if an interconnection
study is not required, a completed and paid interconnection application, by December 31, 2018, the
renewable net-metering credit for all remote public entity and multi-municipal collaborative net-
metering systems shall not include the distribution kilowatt hour charge commencing on January
1, 2050.
     (20) "Renewable self-generator" means an electric distribution service customer of record
for the eligible net-metering system or community remote-net-metering system at the eligible net-
metering-system site which system is primarily designed to produce electrical energy for
consumption by that same customer at its distribution service account(s), and/or, with respect to
community remote-net-metering systems, electrical energy which generates net-metering credits to
be applied to offset the eligible credit-recipient account usage.
     (21) "Third party" means and includes any person or entity, other than the renewable self-
generator, who or that owns or operates the eligible net-metering system or community remote-net-
metering system on the eligible net-metering-system site for the benefit of the renewable self-
generator.
     (22) "Third-party, net-metering financing arrangement" means the financing of eligible
net-metering systems or community remote-net-metering systems through lease arrangements or
power/credit purchase agreements between a third party and renewable self-generator, except for
those entities under a public entity net-metering finance arrangement. A third party engaged in
providing financing arrangements related to such net-metering systems with a public or private
entity is not a public utility as defined in § 39-1-2.
     39-26.4-5. Severability.
     If any provision of this chapter or the application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other provisions or applications of the chapter, which
can be given effect without the invalid provision or application, and to this and end the provisions
of this chapter are declared to be severable.
     SECTION 20. Section 39-26.5-7 of the General Laws in Chapter 39-26.5 entitled “Property
Assessed Clean Energy Program” is hereby amended to read as follows:
     39-26.5-7. Administration of PACE -- Loan loss reserve fund.
     (a) The Rhode Island infrastructure bank is hereby authorized to create, set up on its books,
and administer one or more PACE funds for the purpose of providing financial assistance to
residential and commercial property owners for PACE projects. Additionally, the Rhode Island
infrastructure bank may enter into an agreement with one or more approved institutions, to create
one or more loan loss reserve funds (LRF) or other financing mechanisms to provide financial
incentives or additional security for PACE projects.
     (b) In the event that there is a foreclosure of a PACE property and the proceeds resulting
from such a foreclosure are insufficient to pay the past due balances on the associated PACE
assessment, after all superior liens have been satisfied, payment from the LRF shall be made from
the LRF in the amount of the past due balances on the PACE assessment. The LRF shall be
administered by the Rhode Island infrastructure bank or by the institution selected by the Rhode
Island infrastructure bank; in the latter case the Rhode Island infrastructure bank shall provide
oversight of the LRF.
     SECTION 21. Section 39-26.6-3 of the General Laws in Chapter 39-26.6 entitled “The
Renewable Energy Growth Program” is hereby amended to read as follows:
     39-26.6-3. Definitions.
      When used in this chapter, the following terms shall have the following meanings:
     (1) "Board" shall -mean the distributed-generation board as established pursuant to the
provisions of § 39-26.2-10 under the title distributed generation standard contract board, but shall
also fulfill the responsibilities set forth in this chapter.
     (2) "Ceiling price" means the bidding price cap applicable to an enrollment for a given
distributed-generation class, that shall be approved annually for each renewable-energy class
pursuant to the procedure established in this chapter. The ceiling price for each technology should
be a price that would allow a private owner to invest in a given project at a reasonable rate of return,
based on recently reported and forecast information on the cost of capital and the cost of generation
equipment. The calculation of the reasonable rate of return for a project shall include, where
applicable, any state or federal incentives, including, but not limited to, tax incentives.
     (3) "Commercial-scale solar project" means a solar-distributed generation project with the
nameplate capacity specified in § 39-26.6-7.
     (4) "Commission" means the Rhode Island public utilities commission.
     (5) "Community remote-distributed-generation system" means a distributed-generation
facility greater than two hundred fifty kilowatt (250 kW) nameplate direct current which allocates
bill credits for each kilowatt hour (kWh) generated to a minimum of three (3) eligible recipient-
customer accounts, provided that no more than fifty percent (50%) of the credits produced by the
system are allocated to one eligible recipient-customer account, and provided further that at least
fifty percent (50%) of the credits produced by the system are allocated to eligible recipients in an
amount not to exceed that which is produced annually by twenty-five kilowatt (25 kW) AC
capacity. The community remote-distributed-generation system may transfer credits to eligible
recipient-customer accounts in an amount that is equal to, or less than, the sum of the usage of the
eligible recipient-customer accounts measured by the three-year (3) average annual consumption
of energy over the previous three (3) years. A projected, annual consumption of energy may be
used until the actual three-year (3) average annual consumption of energy over the previous three
(3) years at the eligible recipient-customer accounts becomes available for use in determining
eligibility of the generating system. The community remote-distributed-generation system may be
owned by the same entity that is the customer of record on the net-metered account or may be
owned by a third party.
     (6) "Distributed-generation facility" means an electrical-generation facility located in the
electric-distribution company's load zone with a nameplate capacity no greater than five megawatts
(5 MW), using eligible renewable-energy resources as defined by § 39-26-5, including biogas
created as a result of anaerobic digestion, but, specifically excluding all other listed eligible biomass
fuels, and connected to an electrical power system owned, controlled, or operated by the electric-
distribution company. For purposes of this chapter, a distributed-generation facility must be a new
resource that:
     (i) Has not begun operation;
     (ii) Is not under construction, but excluding preparatory site work that is less than twenty-
five percent (25%) of the estimated total project cost; and
     (iii) Except for small-scale solar projects, does not have in place investment or lending
agreements necessary to finance the construction of the facility prior to the submittal of an
application or bid for which the payment of performance-based incentives are is sought under this
chapter except to the extent that such financing agreements are conditioned upon the project owner
being awarded performance-based incentives under the provisions of this chapter. For purposes of
this definition, pre-existing hydro generation shall be exempt from the provisions of subsection (i)
of this section, regarding operation, if the hydro-generation facility will need a material investment
to restore or maintain reliable and efficient operation and meet all regulatory, environmental, or
operational requirements. For purposes of this provision, "material investment" shall mean
investment necessary to allow the project to qualify as a new, renewable-energy resource under §
39-26-2. To be eligible for this exemption, the hydro-project developer at the time of submitting a
bid in the applicable procurement must provide reasonable evidence with its bid application
showing the level of investment needed, along with any other facts that support a finding that the
investment is material, the determination of which shall be a part of the bid review process set forth
in § 39-26.6-16 for the award of bids.
     (7) "Distributed-generation project" means a distinct installation of a distributed-generation
facility. An installation will be considered distinct if it does not violate the segmentation prohibition
set forth in § 39-26.6-9.
     (8) "Electric-distribution company" means a company defined in § 39-1-2(12), supplying
standard-offer service, last-resort service, or any successor service to end-use customers, but not
including the Block Island Power Company or the Pascoag Utility District.
     (9) "ISO-NE" means Independent System Operator-New England, the Regional
Transmission Organization for New England designated by the Federal Energy Regulatory
Commission.
     (10) "Large distributed-generation project" means a distributed-generation project that has
a nameplate capacity that exceeds the size of a small, distributed-generation project in a given year,
but is no greater than five megawatts (5 MW) nameplate capacity.
     (11) "Large-scale solar project" means a solar distributed-generation project with the
nameplate capacity specified in § 39-26.6-7.
     (12) "Medium-scale solar project" means a solar distributed-generation project with the
nameplate capacity specified in § 39-26.6-7.
     (13) "Office" means the Rhode Island office of energy resources.
     (14) "Program year" means a year beginning April 1 and ending March 31, except for the
first program year, that may commence after April 1, 2015, subject to commission approval.
     (15) "Renewable energy classes" means categories for different renewable-energy
technologies using eligible renewable-energy resources as defined by § 39-26-5, including biogas
created as a result of anaerobic digestion, but, specifically excluding all other listed eligible biomass
fuels specified in § 39-26-2(6). For each program year, in addition to the classes of solar distributed
generation specified in § 39-26.6-7, the board shall determine the renewable-energy classes as are
reasonably feasible for use in meeting distributed-generation objectives from renewable-energy
resources and are consistent with the goal of meeting the annual target for the program year. The
board may make recommendations to the commission to add, eliminate, or adjust renewable-energy
classes for each program year, provided that the solar classifications set forth in § 39-26.6-7 shall
remain in effect for at least the first two (2) program years and no distributed-generation project
may exceed five megawatts (5MW) of nameplate capacity.
     (16) "Renewable-energy certificate" means a New England Generation Information
System renewable energy certificate as defined in § 39-26-2(13).
     (17) "Shared solar facility" means a single small-scale or medium-scale solar facility that
must allocate bill credits to at least two (2), and no more than fifty (50), accounts in the same
customer class and on the same or adjacent parcels of land. Public entities may allocate such bill
credits to at least two (2), and up to fifty (50), accounts without regard to physical location so long
as the facility and accounts are within the same municipality. In no case will the annual allocated
credits in kWh exceed the prior three-year (3) annual average usage, less any reductions for verified
energy-efficiency measures installed at the customer premises, of the customer account to which
the bill credits are transferred.
     (18) "Small-scale solar project" means a solar distributed-generation project with the
nameplate capacity specified in § 39-26.6-7.
     (19) "Small distributed-generation project" means a distributed-generation renewable
energy project that has a nameplate capacity within the following: Wind: fifty kilowatts (50 KW)
to one and one-half megawatts (1.5 MW); small-scale solar projects and medium-scale solar
projects with the capacity limits as specified in § 39-26.6-7. For technologies other than solar and
wind, the board shall set the nameplate capacity-size limits, but such limits may not exceed one
(1MW) megawatt.
     SECTION 22. Section 39-27-3 and 39-27-5 of the General Laws in Chapter 39-27 entitled
“The Energy and Consumer Savings Act of 2005” are hereby amended to read as follows:
     39-27-3. Definitions.
     As used in this chapter:
     (a) "Automatic commercial ice-maker" means a factory-made assembly that is shipped in
one or more packages that consists of a condensing unit and ice-making section operating as an
integrated unit, that makes and harvests ice cubes, and that may store and dispense ice. This term
includes machines with capacities between and including fifty (50) and two thousand five hundred
(2,500) pounds per twenty-four (24) hours.
     (b) "Ballast" means a device used with an electric discharge lamp to obtain necessary
circuit conditions (voltage, current and waveform) for starting and operating the lamp.
     (c) "Boiler" means a self-contained low-pressure appliance for supplying steam or hot
water primarily designed for space heating.
     (d) "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as
the source of potable water.
     (e) "Chief of Energy and Community Services" means the head official of the Rhode Island
state energy office.
     (f) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes
washer that:
     (1) Has a clothes container compartment no greater than three and a half (3.5) cubic feet in
the case of a horizontal-axis product or no greater than four (4.0) cubic feet in the case of a vertical-
axis product; and
     (2) Is designed for use by more than one household, such as in multi-family housing,
apartments or coin laundries.
     (g) "Commercial hot food holding cabinet" means an appliance that is a heated, fully-
enclosed compartment with one or more solid doors, and that is designed to maintain the
temperature of hot food that has been cooked in a separate appliance. "Commercial hot food holding
cabinet" does not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold
appliances.
     (h) "Commercial pre-rinse spray valve" means a hand-held device designed and marketed
for use with commercial dishwashing and ware washing equipment and which sprays water on
dishes, flatware, and other food service items for the purpose of removing food residue prior to
their cleaning.
     (i) "Commercial refrigerator, freezer and refrigerator-freezer" means self-contained
refrigeration equipment that:
     (1) Is not a consumer product as regulated pursuant to 42 U.S.C. § 6291 and subsequent
sections;
     (2) Operates at a chilled, frozen, combination chilled/frozen, or variable temperature for
the purpose of storing and/or merchandising food, beverages and/or ice;
     (3) May have transparent and/or solid hinged doors, sliding doors, or a combination of
hinged and sliding doors; and
     (4) Incorporates most components involved in the vapor compression cycle and the
refrigerated compartment in a single cabinet.
     This term does not include:
     (1) Units with eighty-five (85) cubic feet or more of internal volume;
     (2) Walk-in refrigerators or freezers;
     (3) Units with no doors; or
     (4) Freezers specifically designed for ice cream.
     (j) "Commission" means the Rhode Island public utilities commission.
     (k) "Compensation" means money or any other valuable thing, regardless of form, received
or to be received by a person for services rendered.
     (l) "Electricity ratio" is the ratio of furnace electricity use to total furnace energy use.
Electricity ratio = (3.412*EAE/(1000*Ef +3.412*EAE)) where EAE (average annual auxiliary
electrical consumption) and EF (average annual fuel energy consumption) are defined in Appendix
N to subpart B of part 430 of title 10 of the Code of Federal Regulations.
     (m) "High intensity discharge lamp" means a lamp in which light is produced by the
passage of an electric current through a vapor or gas, and in which the light-producing arc is
stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three (3)
watts per square centimeter.
     (n) "Illuminated exit sign" means an internally-illuminated sign that is designed to be
permanently fixed in place to identify a building exit and consists of an electrically powered integral
light source that illuminates the legend "EXIT" and any directional indicators and provides contrast
between the legend, any directional indicators and the background.
     (o) "Large packaged air-conditioning equipment" means electronically-operated, air-
cooled air-conditioning and air-conditioning heat pump equipment having cooling capacity greater
than or equal to two hundred forty thousand (240,000) Btu/hour but less than seven hundred sixty
thousand (760,000) Btu/hour that is built as a package and shipped as a whole to end-user sites.
     (p) "Low voltage dry-type distribution transformer" means a transformer that:
     (1) Has an input voltage of six hundred (600) volts or less;
     (2) Is air-cooled;
     (3) Does not use oil as a coolant; and
     (4) Is rated for operation at a frequency of sixty (60) Hertz.
     (q) "Mercury vapor lamp" means a high-intensity discharge lamp in which the major
portion of the light is produced by radiation from mercury operating at a partial pressure in excess
of one hundred thousand (100,000) PA (approximately 1 atm). This includes clear, phosphor-coated
and self-ballasted lamps.
     (r) "Metal halide lamp" means a high intensity discharge lamp in which the major portion
of the light is produced by radiation of metal halides and their products of dissociation, possibly in
combination with metallic vapors.
     (s) "Metal halide lamp fixture" means a lamp fixture designed to be operated with a metal
halide lamp and a ballast for a metal halide lamp.
     (t) "Probe-start metal halide ballast" means a ballast used to operate metal halide lamps
which does not contain an igniter and which instead starts lamps by using a third staring starting
electrode "probe" in the arc tube.
     (u) "Pulldown refrigerator" means a commercial refrigerator with doors that, when fully
loaded with twelve (12) ounce canned beverages at ninety (90) degrees F, can cool these beverages
to an average stable temperature of thirty-eight (38) degrees F in twelve (12) hours or less.
     (v) "Residential boiler" means a self-contained appliance for supplying steam or hot water,
which uses natural gas, propane, or home heating oil, and which has a heat input rate of less than
three hundred thousand (300,000) Btu per hour.
     (w) "Residential furnace" means a self-contained space heater designed to supply heated
air through ducts of more than ten (10) inches length and which utilizes only single-phase electric
current, or single-phase electric current or DC current in conjunction with natural gas, propane, or
home heating oil, and which:
     (1) Is designed to be the principle heating source for the living space of one or more
residences;
     (2) Is not contained within the same cabinet with a central air conditioner whose rated
cooling capacity is above sixty-five thousand (65,000) Btu per hour; and
     (3) Has a heat input rate of less than two hundred twenty-five thousand (225,000) Btu per
hour.
     (x) "Single-voltage external AC to DC power supply" means a device that:
     (1) Is designed to convert line voltage AC input into lower voltage DC output;
     (2) Is able to convert to one DC output voltage at a time;
     (3) Is sold with, or intended to be used with, a separate end-use product that constitutes the
primary power load;
     (4) Is contained within a separate physical enclosure from the end-use product;
     (5) Is connected to the end-use product via a removable or hard-wired male/female
electrical connection, cable, cord or other wiring;
     (6) Does not have batteries or battery packs, including those that are removable, that
physically attach directly to the power supply unit;
     (7) Does not have a battery chemistry or type selector switch and indicator light; or
     (8) Has a nameplate output power less than or equal to two hundred fifty (250) watts.
     (y) "State-regulated incandescent reflector lamp" means a lamp, not colored or designed
for rough or vibration service applications, with an inner reflective coating on the outer bulb to
direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least
partially within one hundred fifteen (115) to one hundred thirty (130) volts, and that falls into either
of the following categories: a blown PAR (BPAR), bulged reflector (BR), or elliptical reflector
(ER) bulb shape or similar bulb shape with a diameter equal to or greater than two and one quarter
(2.25) inches; or a reflector (R), parabolic aluminized reflector (PARA) bulged reflector (BR) or
similar bulb shape with a diameter of two and one quarter (2.25) to two and three quarter (2.75)
inches, inclusive.
     (z) "Torchiere" means a portable electric lighting fixture with a reflective bowl that directs
light upward onto a ceiling so as to produce indirect illumination on the surfaces below. A torchiere
may include downward directed lamps in addition to the upward, indirect illumination.
     (aa) "Traffic signal module" means a standard eight (8) inch (two hundred millimeter (200
mm)) or twelve (12) inch (three hundred millimeter (300 mm)) traffic signal indication, consisting
of a light source, a lens, and all other parts necessary for operation.
     (bb) "Transformer" means a device consisting of two (2) or more coils of insulated wire
and that is designed to transfer alternating current by electromagnetic induction from one coil to
another to change the original voltage or current value. The term "transformer" does not include:
     (1) Transformers with multiple voltage taps, with the highest voltage tap equaling at least
twenty percent (20%) more than the lowest voltage tap; or
     (2) Transformers, such as those commonly known as drive transformers, rectifier
transformers, auto-transformers, uninterruptible power system transformers, impedance
transformers, regulating transformers, sealed and nonventilating transformers, machine tool
transformers, welding transformers, grounding transformers, or testing transformers, that are
designed to be used in a special purpose application and are unlikely to be used in general purpose
applications.
     (cc) "Unit heater" means a self-contained, vented fan-type commercial space heater that
uses natural gas or propane, and that is designed to be installed without ducts within a heated space,
except that such term does not include any products covered by federal standards established
pursuant to 42 U.S.C. § 6291 and subsequent sections or any product that is a direct vent, forced
flue heater with a sealed combustion burner.
     (dd) "Walk-in refrigerator" and "walk-in freezer" mean a space, designed for the purpose
of storing and/or merchandising food, beverages and/or ice, that is refrigerated to temperatures,
respectively, at or above and below thirty-two (32) degrees F that can be walked into.
     (ee) "Water dispenser" means a factory-made assembly that mechanically cools and heats
potable water and that dispenses the cooled or heated water by integral or remote means.
     39-27-5. Efficiency standards.
     (a) Not later than June 1, 2006, the commission, in consultation with the state building
commissioner and the chief of energy and community services, shall adopt regulations, in
accordance with the provisions of chapter 35 of title 42, establishing minimum efficiency standards
for the types of new products set forth in subparagraph (a) of § 39-27-4. The regulations shall
provide for the following minimum efficiency standards:
     (1) Automatic commercial ice makers shall meet the energy efficiency requirements shown
in table A-7 of § 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4,
Article 4: Appliance Efficiency Regulations as adopted on December 15, 2004.
     (2) Commercial clothes washers shall meet the requirements shown in Table P-4 of §
1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance
Efficiency Regulations in effect on December 15, 2004.
     (3) Commercial pre-rinse spray valves shall have a flow rate equal to or less than one and
six tenths (1.6) gallons per minute.
     (4) Commercial refrigerators, freezers and refrigerator-freezers shall meet the minimum
efficiency requirements shown in Table A-6 of § 1605.3 of the California Code of Regulations,
Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations as adopted on
December 15, 2004, except that pulldown refrigerators with transparent doors shall meet a
requirement five percent (5%) less stringent than shown in the California regulations.
     (5) High-intensity discharge lamp ballasts shall not be designed and marketed to operate a
mercury vapor lamp.
     (6) Illuminated exit signs shall have an input power demand of five (5) watts or less per
illuminated face.
     (7) Large packaged air-conditioning equipment shall meet a minimum energy efficiency
ratio of:
     (i) Ten (10.0) for air conditioning without an integrated heating component or with electric
resistance heating integrated into the unit;
     (ii) Nine and eight tenths (9.8) for air conditioning with heating other than electric
resistance integrated into the unit;
     (iii) Nine and five tenths (9.5) for air conditioning with heating other than electric
resistance integrated heating component or with electric resistance heating integrated into the unit;
     (iv) Nine and three tenths (9.3) for air conditioning heat pump equipment with heating
other than electric resistance integrated into the unit. Large packaged air conditioning heat pumps
shall meet a minimum coefficient of performance in the heating mode of three and two tenths (3.2)
(measured at a high temperature rating of forty-seven (47) degrees F db).
     (8) Low voltage dry-type distribution transformers shall meet the Class 1 efficiency levels
for low voltage distribution transformers specified in Table 4-2 of the "Guide for Determining
Energy Efficiency for Distribution Transformers" published by the National Electrical
Manufacturers Association (NEMA Standard TP-1-2002).
     (9) Metal halide lamp fixtures that operate in a vertical position and are designed to be
operated with lamps rated greater than or equal to one hundred fifty (150) watts but less than or
equal to five hundred (500) watts shall not contain a probe-start metal halide lamp ballast.
     (10) Single-voltage external AC to DC power supplies shall meet the tier one energy
efficiency requirements shown in Table U-1 of § 1605.3 of the California Code of Regulations,
Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations as adopted on
December 15, 2004. This standard applies to single voltage AC to DC power supplies that are sold
individually and to those that are sold as a component of or in conjunction with another product.
Single-voltage external AC to DC power supplies that are made available by a product
manufacturer as service parts or spare parts for its products manufactured prior to January 1, 2008
shall be exempt from this provision.
     (11) Torchieres shall not use more than one hundred ninety (190) watts. A torchiere shall
be deemed to use more than one hundred ninety (190) watts if any commercially available lamp or
combination of lamps can be inserted in its socket(s) and cause the torchiere to draw more than one
hundred ninety (190) watts when operated at full brightness.
     (12) Traffic signal modules shall meet the product specification of the "Energy Star
Program Requirements for Traffic Signals" developed by the U.S. Environmental Protection
Agency that took effect in February 2001 and shall be installed with compatible, electronically-
connected signal control interface devices and conflict monitoring systems.
     (13) Unit heater heaters shall be equipped with an intermittent ignition device and shall
have either power venting or an automatic flue damper.
     (b) Not later than June 1, 2007, the commission, in consultation with the state building
commissioner and the chief of energy and community services, shall adopt regulations, in
accordance with the provisions of chapter 42-35, establishing minimum efficiency standards for
the types of new products set forth in paragraph (b) of § 39-27-4. The regulations shall provide for
the following minimum efficiency standards.
     (1) Bottle-type water dispensers designed for dispensing both hot and cold water shall not
have standby energy consumption greater than one and two tenths (1.2) kilowatt-hours per day.
     (2) Commercial hot food holding cabinets shall have a maximum idle energy rate of forty
(40) watts per cubic foot of interior volume.
     (3)(i) Residential furnaces and residential boilers shall comply with the following Annual
Fuel Utilization Efficiency (AFUE) and electricity ratio values.
Utilization Efficiency (AFUE) and electricity ratio values.
Product Type Minimum AFUE Maximum electricity ratio
Natural gas and propane fired furnaces 90% 2.0%
Oil-fired furnaces>94,000
Btu/hour in capacity 83% 2.0%
Oil-fired furnaces>94,000
Btu/hour in capacity 83% 2.3%
Natural gas and oil, and propane-fired hot
water residential boilers 84% Not applicable
Natural gas, oil, and propane-fired steam
residential boilers 82% Not applicable
     (ii) The chief of energy and community services shall adopt rules to provide for exemptions
from compliance with the foregoing residential furnace or residential boiler AFUE standards at any
building, site or location where complying with said standards would be in conflict with any local
zoning ordinance, fire code, building or plumbing code or other rule regarding installation and
venting of residential furnaces or residential boilers.
     (iii) The provisions of this subsection 39-27-5(b) shall be effective upon determination by
the chief of energy and community services that the same or substantial corresponding standards
have been enacted in two (2) New England states.
     (4)(i) State-regulated incandescent reflector lamps shall meet the minimum average lamp
efficacy requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C.
§ 6295(i)(1)(A) 6295(i)(1)(B).
     (ii) The following types of incandescent reflector lamps are exempt from these
requirements:
     (I)(A) lamps rated at fifty (50) watts or less of the following types: BR30, BR40, ER30
and ER40;
     (II)(B) lamps rated at sixty-five (65) watts of the following types: BR30, BR40, and ER40;
and
     (III)(C) R20 lamps of forty-five (45) watts or less.
     (5)(i) Walk-in refrigerators and walk-in freezers with the applicable motor types shown in
the table below shall include the required components shown.
     MOTOR Type Required Components
     All Interior lights: light sources with an
      efficacy of forty- five (45) lumens per
      watt or more, including ballast losses
      (if any). This efficacy standard does not
      apply to LED light sources until January
      2010.
     All Automatic door closers that firmly close
      all reach-in doors.
     All Automatic door closers that firmly close
      all walk-in doors no wider than 3.9 feet
      and no higher than 6.9 feet that have
      been closed to within one inch of full
      closure.
     All Wall, ceiling, and door insulation at
least
      R-28 for refrigerators and at least R-34
for
      freezers
     All Floor insulation at least R-28 for
freezers
      (no requirements for refrigerators)
     Condenser fan motors of under one horsepower Electronically commutated motors,
      Permanently split capacitor-type motors
      Polyphase motors of one half (1/2)
      horsepower or more
     Single-phase evaporator fan motors of Electronically commutated motors
     under one horse power and less than four
     hundred sixty (460) volts
     (ii) In addition to the requirements in paragraph (i), walk-in refrigerators and walk-in
freezers with transparent reach-in doors shall meet the following requirements: transparent reach-
in doors shall be of triple pane glass with either heat-reflective treated glass or gas fill; if the
appliance has an anti-sweat heater without anti-sweat controls, then: the appliance shall have a total
door rail, glass, and frame heater power draw of no more than forty (40) watts if it is a freezer or
seventeen (17) watts if it is a refrigerator per foot of door frame width; and if the appliance has an
anti-sweat heater with anti-sweat heat controls, and the total door rail, glass, and frame heater power
draw is more than forty (40) watts if it is a freezer or seventeen (17) watts if it is a refrigerator per
foot of door frame width, then: the anti-sweat heat controls shall reduce the energy use of the anti-
sweat heater in an amount corresponding to the relative humidity in the air outside the door or to
the condensation on the inner glass pane.
     SECTION 23. Section 39-30-3 of the General Laws in Chapter 39-3 entitled “Municipal
Streetlight Investment Act” is hereby amended to read as follows:
     39-30-3. Streetlight investment.
     (a) Any city or town receiving street lighting service from an electric distribution company
pursuant to an electric rate tariff providing for the use by such municipality of lighting equipment
owned by the electric distribution company, at its option, upon sixty (60) days notice to the electric
company and to the department office, and subject to the provisions of subsections (b) through
(e), may:
     (1) Convert its street lighting service from the subject tariff rate to an alternative tariff rate
providing for delivery service by the electric distribution company of electric energy, whether or
not supplied by the electric distribution company, over distribution facilities and wires owned by
the electric distribution company to lighting equipment owned or leased by the municipality, and
further providing for the use by such municipality of the space on any pole, lamp post, or other
mounting surface previously used by the electric distribution company for the mounting of the
lighting equipment. The alternative tariff rate shall provide for monthly bills for street and area
lighting that shall include a schedule of energy charges based on a determination of annual kilowatt-
hour usage per lumen rating or nominal wattage of all types of lighting equipment, but shall not
include facility, support, maintenance, or accessory charges. The new tariff shall use existing usage
calculation methods and existing rates for any currently existing lighting equipment, only setting
reasonable new rates for newly adopted lighting equipment. The new tariff shall be structured so
as to allow options for various street lighting controls, including both conventional dusk/dawn
operation using photocell or scheduling controls, as well as schedule-based dimming or on/off
controls that dim or turn off street lights during periods of low activity. The electric distribution
company, in consultation with the office, shall file the new tariff with the public utilities
commission within sixty (60) days of the effective date of this chapter and the commission shall
then issue a decision within sixty (60) days after the filing to effectuate the purposes and provisions
of this chapter.
     (2) Purchase electric energy for use in such municipal lighting equipment from the electric
distribution company or any other person allowed by law to provide electric energy; and
     (3) After due diligence, including an analysis of the cost impact to the municipality, acquire
all of the public street and area lighting equipment of the electric distribution company in the
municipality, compensating the electric distribution company as necessary, in accordance with
subsection (b).
     (b) Any municipality exercising the option to convert its lighting equipment pursuant to
subsection (a) must compensate the electric distribution company for the original cost, less
depreciation and less amortization, of any active or inactive existing public lighting equipment
owned by the electric distribution company and installed in the municipality as of the date the
municipality exercises its right of acquisition pursuant to subsection (a), net of any salvage value.
Upon such payment, the municipality shall have the right to use, alter, remove, or replace such
acquired lighting equipment in any way the municipality deems appropriate. Any contract a
municipality enters for such services must require appropriate levels of training and certification of
personnel providing pole service for public and worker safety, evidence of twenty-four (24) hour
call capacity and a committed timely response schedule for both emergency and routine outages.
The municipality may also request that the electric company remove any part of such lighting
equipment that it does not acquire from the electric distribution company in which case the
municipality shall reimburse the electric distribution company the cost of removal by the electric
distribution company, along with the original cost, less depreciation, of the removed part, net of
any salvage value.
     (c) When a municipality exercises its option pursuant to this subsection, the municipality
will notify the electric distribution company of any alterations to street and area lighting inventory
within sixty (60) days of the alteration. The electric distribution company will then adjust its
monthly billing determinations to reflect the alteration within sixty (60) days.
     (d) When a municipality exercises its option pursuant to subsection (a), anyone other than
the electric distribution company controlling the right to use space on any pole, lamp post, or other
mounting surface previously used by the electric distribution company in such municipality shall
allow the municipality to assume the rights and obligations of the electric distribution company
with respect to such space for the unexpired term of any lease, easement, or other agreement under
which the electric distribution company used such space; provided, however, that:
     (i) The municipality is subject to the same terms and conditions that pole owners make to
others that attach to the poles; and
     (ii) In the assumption of the rights and obligations of the electric distribution company by
such a municipality, such municipality shall in no way or form restrict, impede, or prohibit
universal access for the provision of electric and other services.
     (e) Any dispute regarding the terms of the alternative tariff, the compensation to be paid
the electric distribution company, or any other matter arising in connection with the exercise of the
option provided in subsection (a), including, but not limited to, the terms on which space is to be
provided to the municipality in accordance with subsection (c), shall be resolved by the division of
public utilities and carriers within ninety (90) days of any request for such resolution by the
municipality or any person involved in such dispute.
     (f) Notwithstanding any general or special law, rule, or regulation to the contrary, any
affiliate of any electric distribution company whose street lighting service is converted by any
municipality in accordance with the provisions of this section may solicit and compete for the
business of any such municipality for the provision of lighting equipment or any other service such
as equipment maintenance in connection therewith.
     SECTION 24. Sections 39-31-4 and 39-31-5 of the General Laws in Chapter 39-31 entitled
“Affordable Clean Energy Security Act” are hereby amended to read as follows:
     39-31-4. Regional energy planning.
     (a) Consistent with the purposes of this chapter, and utilizing regional stakeholder
processes where appropriate, the office of energy resources, in consultation and coordination with
the division of public utilities and carriers, the public utility company that provides electric
distribution as defined in § 39-1-2(12) as well as natural gas as defined in § 39-1-2(20) 39-1-2(17),
the New England States' Committee on Electricity (NESCOE), ISO-New England Inc. and the
other New England states is authorized to:
     (1) Participate in the development and issuance of regional or multi-state competitive
solicitation(s) for the development and construction of regional electric-transmission projects that
would allow for the reliable transmission of large- or small-scale domestic or international
hydroelectric power to New England load centers that will benefit the state of Rhode Island and its
ratepayers, and that such solicitations may be issued by The New England States' Committee on
Electricity or the electric or natural gas distribution company to further the purposes of this chapter;
     (2) Participate in the development and issuance of regional or multi-state competitive
solicitation(s) for the development and construction of regional electric-transmission projects that
would allow for the reliable transmission of eligible renewable-energy resources, as defined by §
39-26-5(a), to New England load centers that will benefit the state of Rhode Island and its
ratepayers, and that such solicitations may be issued by The New England States' Committee on
Electricity or the electric or natural gas distribution company to further the purposes of this chapter;
and
     (3) Participate in the development and issuance of regional or multi-state competitive
solicitation(s) for the development and construction of regional natural gas pipeline infrastructure
and capacity that will benefit the State of Rhode Island and its ratepayers by strengthening energy
system reliability and security and, in doing so, potentially mitigate energy price volatility that
threatens the economic vitality and competitiveness of Rhode Island residents and businesses. Such
solicitations may be issued by The New England States' Committee on Electricity or the electric or
natural gas distribution company to further the purposes of this chapter; and such solicitations may
request proposals that are priced in increments to allow for the evaluation of project costs and
benefits associated with adding various levels of additional, natural-gas pipeline capacity into New
England and assist with the optimization of energy system reliability, economic, and other benefits
consistent with the purposes of this chapter.
     (4) As part of any such regional or multi-state competitive solicitation processes conducted
pursuant to this chapter, the office of energy resources shall work jointly with the division of public
utilities and carriers, and with the electric distribution company as appropriate, to identify
incremental, natural-gas pipeline infrastructure and capacity and/or electric transmission projects
that optimize energy reliability, economic, environmental, and ratepayer impacts for Rhode Island,
consistent with the legislative findings and purpose of this chapter. The office of energy resources
and division of public utilities and carriers shall be authorized to utilize expert consultants, as
needed, to assist in any regional, multi-state, or state-level determination related to the procurement
activities identified in § 39-31-5.
     (b) Prior to any binding commitments being made by any agencies of the state, the electric
distribution company, or any other entity that would result in costs being incurred directly, or
indirectly, by Rhode Island electric and/or gas consumers through distribution or commodity rates,
the office of energy resources and division of public utilities and carriers shall jointly file any
energy infrastructure project recommendation(s) with the public utilities commission and may
make such filing jointly with the electric- or natural-gas distribution company as appropriate. The
public utilities commission shall consider any such recommendation(s) as specified under § 39-31-
7.
     (c) A copy of the filing made under subsection (b) of this section shall be provided to the
governor, the president of the senate, the speaker of the house, the department of environmental
management, and the commerce corporation.
     (d) The electric-distribution company shall be provided with a copy of any filing made
under this section at least ten (10) business days in advance of its filing with the public utilities
commission and the electric- or gas-distribution utility may file separate comments when the filing
is made.
     (e) As part of any office of energy resources and division of public utilities and carriers
filing made pursuant to this chapter, the agencies shall identify the expected energy reliability,
energy security, and ratepayer impacts that are expected to result from commitments being made
in connection with the proposed project(s).
     (f) The office of energy resources and division of public utilities and carriers reserve the
right to determine that energy infrastructure projects submitted in any regional or multi-state
competitive solicitation process are not in Rhode Island's energy reliability, energy security, and/or
ratepayer interests, and shall make such findings available to the governor, the president of the
senate, and the speaker of the house. The electric or gas distribution utility may attach a separate
opinion to those findings, at its election.
     39-31-5. Regional energy procurement.
     (a) Consistent with the purposes of this chapter the public utility company that provides
electric distribution as defined in § 39-1-2(12), as well as natural gas as defined in § 39-1-2(20) 39-
1-2(17), in consultation with the office of energy resources and the division of public utilities and
carriers is authorized to voluntarily participate in multi-state or regional efforts to:
     (1) Procure domestic or international large-or small-scale hydroelectric power and eligible
renewable energy resources, including wind, as defined by § 39-26-5(a), on behalf of electric
ratepayers; provided, however, that large-scale hydroelectric power shall not be eligible under the
renewable energy standard established by chapter 26 of title 39;
     (2) Procure incremental, natural-gas pipeline infrastructure and capacity into New England
to help strengthen energy system reliability and facilitate the economic interests of the state and its
ratepayers;
     (3) Support the development and filing of necessary tariffs and other appropriate cost-
recovery mechanisms, as proposed by the office of energy resources or the division of public
utilities and carriers, that allocate the costs of new, electric-transmission and natural-gas pipeline
infrastructure and capacity projects selected pursuant to the provisions of this chapter to ratepayers,
such that costs are shared among participating states in an equitable manner; and
     (4) To the extent that the public utility company that provides electric distribution as
defined in § 39-1-2(12), as well as natural gas as defined in § 39-1-2(20) 39-1-2(17), pursues the
objectives identified above, the public utility company shall utilize all appropriate competitive
processes, and maintain compliance with applicable federal and state siting laws.
     (b) Any procurement authorized under this section shall be commercially reasonable.
     SECTION 25. Section 39-31-7 of the General Laws in Chapter 39-31 entitled “Affordable
Clean Energy Security Act” is hereby amended to read as follows:
     39-31-7. Duties of the commission.
     (a) The commission may approve any proposals made by the electric-and gas-distribution
company that are commercially reasonable and advance the purposes of this chapter. The
commission's authority shall include, without limitation, the authority to:
     (1) Approve long-term contracts entered into pursuant to the goals and provisions of this
chapter for large-or small-scale hydroelectric power and renewable-energy resources that are
eligible under the renewable-energy standard established by chapter 26 of title 39; provided,
however, that large-scale hydroelectric power shall not be eligible under the renewable-energy
standard established by chapter 26 of title 39;
     (2) Approve long-term contracts for natural-gas pipeline infrastructure and capacity
consistent with the purposes of this chapter;
     (3) Approve rate-recovery mechanisms proposed by the electric-and gas-distribution
companies relating to costs incurred under this chapter by the electric-and gas-distribution company
that facilitate the multi-state or regional sharing of costs necessary to implement electric
transmission and natural-gas pipeline infrastructure projects pursued under this chapter, including
any costs incurred through the Federal Energy Regulatory Commission approved tariffs related to
such multi-state or regional energy infrastructure procurements;
     (4) Address any proposed changes to standard-offer procurements, standard-offer pricing
and retail-choice rules;
     (5) Provide for the recovery of reasonable costs from all distribution customers incurred
by the electric-and gas-distribution company in furtherance of the purposes of this chapter that may
include, but are not limited to, costs incurred under any contracts approved by the commission
under this section and costs associated with the management of incremental capacity resulting from
interstate gas-pipeline expansion projects pursued pursuant to this chapter and costs associated with
investments in local gas-distribution network assets necessary to implement such interstate gas-
pipeline expansion projects;
     (6) Approve cost allocation proposals filed by the gas-distribution company and/or the
electric-distribution company that appropriately allocate natural-gas infrastructure and capacity
costs incurred under § 39-31-6 between electric and gas-distribution customers of the electric-and
gas-distribution company in a manner proportional to the energy benefits accrued by Rhode Island's
gas and electric customers from making such investments. In making its determination, the
commission shall consider projected reductions in regional, wholesale electric prices as a benefit
that accrues to electric ratepayers. The allocation of costs shall include all distribution customers,
regardless from whom they are purchasing their commodity service; and
     (7) Approve any other proposed regulatory or ratemaking changes that reasonably advance
the goals set forth herein.
     (b) The grant of authorizations under this chapter shall not be construed as creating a
mandate or obligation on the part of the electric-and gas-distribution company to enter into any
contracts or file any proposals pursuant to this chapter.
     (c) The public utilities commission shall docket any proposals made by the office of energy
resources and division of public utilities and carriers pursuant to § 39-31-4. Docket materials shall
be posted and maintained on the commission's website. The commission shall conduct proceedings,
as provided below, solely for the purpose of determining whether the proposed infrastructure
projects, if implemented, are in the public interest and no commitments shall be valid or authorized
without such finding being made by the commission. The validity and approval of any
commitments made by the electric-or gas-distribution company in furtherance of the purposes of
this chapter shall be separate and subject to § 39-31-5. The docket opened pursuant to this paragraph
shall proceed as follows:
     (1) The following state agencies shall provide advisory opinions to the commission on the
topics specified below within sixty (60) days from the docketing date:
     (i) The department of environmental management (DEM) shall provide an advisory
opinion on the expected greenhouse gas emissions and statewide environmental impacts resulting
from the proposed project(s).
     (ii) The commerce corporation shall provide an advisory opinion on the expected statewide
economic impacts resulting from the proposed project(s).
     (2) The commission shall notify the aforementioned agencies upon the filing of any
proposal made under this section, and notify them of any related hearings and/or proceedings.
     (3) Advisory opinions issued by agencies designated under (c)(1) of this section shall not
be considered as final decisions of the agencies making the opinions and shall not be subject to
judicial review under § 42-35-15 or any other provision of the general laws.
     (4) Upon completion of the sixty-day (60) advisory opinion period, the commission shall
provide for a thirty-day (30) public comment period on any energy infrastructure project(s) selected
pursuant to this chapter and hold evidentiary hearings. In addition to evidentiary hearings, the
commission shall also hold at least one public hearing to accept public comment on the proposal(s)
prior to an open meeting held pursuant to this section.
     (5) The commission shall hold an open meeting no later than one hundred twenty (120)
days from the date of filing by the office of energy resources and division of public utilities and
carriers filing and shall certify that the proposed project(s) are in the public interest if, in the
commission's determination, and in consideration of filed advisory opinions and the opinion of the
electric-or gas-distribution utility, the proposed infrastructure project(s):
     (i) Are consistent with the findings and purposes of this chapter;
     (ii) Will benefit Rhode Island by improving local and regional energy system reliability
and security;
     (iii) Will benefit Rhode Island ratepayers by offering the potential for reduced-energy price
volatility and reduction of energy-supply costs in the context of an integrated regional energy
system;
     (iv) Will not cause unacceptable harm to the environment and are consistent with the
region's greenhouse gas-reduction goals; and
     (v) Will enhance the economic fabric of the state.
     (6) The commission shall issue a written determination of its findings within ten (10)
business days of its open-meeting decision and provide copies of that determination, along with
copies of all advisory opinions, public comment, and any other materials deemed relevant to the
commission determination, to the governor, the president of the senate, the speaker of the house,
the commissioner of the office of energy resources, and the administrator of the division of public
utilities and carriers.
     (d) A determination issued by the commission shall constitute the sole, final, binding, and
determinative regulatory decision within the state for the purpose of authorizing the state to support
a proposed, regional-energy infrastructure project(s) that is funded through the Federal Energy
Regulation Commission approved tariffs on a regional and/or multi-state basis pursuant to this
chapter. Appeals shall be governed by § 39-5-1.
     (e) Upon issuance of a written determination by the commission finding that the proposed
project(s) is in the public interest, the office of energy resources and division of public utilities and
carriers shall, on behalf of the state, be authorized to support any regional and/or multi-state process
necessary to implement the project(s), including, without limitation, supporting any necessary and
related Federal Energy Regulatory Commission filings; provided, however, that any commitments
made by the electric-or gas-distribution company to implement the proposals remain voluntary and
subject to § 39-31-5.
     (f) Nothing in this section shall be construed to preclude the electric-or gas-distribution
company from making a filing under § 39-31-6, simultaneous with a filing under this section by
the office of energy resources and the division of public utilities, in which case the filings made
under §§ 39-31-6 and 39-31-7 of this chapter shall be consolidated.
     SECTION 26. Sections 40-5.2-10, 40-5.2-12, 40-5.2-20 and 40-5.2-21 of the General Laws
in Chapter 40-5.2 entitled “The Rhode Works Program” are hereby amended to read as follows:
     40-5.2-10. Necessary requirements and conditions.
     The following requirements and conditions shall be necessary to establish eligibility for
the program.
     (a) Citizenship, alienage, and residency requirements.
     (1) A person shall be a resident of the State of Rhode Island.
     (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the
alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section may hereafter
be amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the
alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in
accordance with this chapter.
     (b) The family/assistance unit must meet any other requirements established by the
department of human services by rules and regulations adopted pursuant to the Administrative
Procedures Act, as necessary to promote the purpose and goals of this chapter.
     (c) Receipt of cash assistance is conditional upon compliance with all program
requirements.
     (d) All individuals domiciled in this state shall be exempt from the application of
subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any
individual ineligible for certain state and federal assistance if that individual has been convicted
under federal or state law of any offense that is classified as a felony by the law of the jurisdiction
and that has as an element the possession, use, or distribution of a controlled substance as defined
in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).
     (e) Individual employment plan as a condition of eligibility.
     (1) Following receipt of an application, the department of human services shall assess the
financial conditions of the family, including the non-parent caretaker relative who is applying for
cash assistance for himself or herself as well as for the minor child(ren), in the context of an
eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-
employed, the department shall conduct an initial assessment, taking into account: (A) The physical
capacity, skills, education, work experience, health, safety, family responsibilities and place of
residence of the individual; and (B) The child care and supportive services required by the applicant
to avail himself or herself of employment opportunities and/or work readiness programs.
     (2) On the basis of this assessment, the department of human services and the department
of labor and training, as appropriate, in consultation with the applicant, shall develop an individual
employment plan for the family which requires the individual to participate in the intensive
employment services. Intensive employment services shall be defined as the work requirement
activities in § 40-5.2-12(g) and (i).
     (3) The director, or his or her designee, may assign a case manager to an
applicant/participant, as appropriate.
     (4) The department of labor and training and the department of human services in
conjunction with the participant shall develop a revised individual employment plan that shall
identify employment objectives, taking into consideration factors above, and shall include a
strategy for immediate employment and for preparing for, finding, and retaining employment
consistent, to the extent practicable, with the individual's career objectives.
     (5) The individual employment plan must include the provision for the participant to
engage in work requirements as outlined in § 40-5.2-12.
     (6)(i) The participant shall attend and participate immediately in intensive assessment and
employment services as the first step in the individual employment plan, unless temporarily exempt
from this requirement in accordance with this chapter. Intensive assessment and employment
services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).
     (ii) Parents under age twenty (20) without a high school diploma or general equivalency
diploma (GED) shall be referred to special teen parent programs which will provide intensive
services designed to assist teen parents to complete high school education or GED, and to continue
approved work plan activities in accord with Rhode Island works program requirements.
     (7) The applicant shall become a participant in accordance with this chapter at the time the
individual employment plan is signed and entered into.
     (8) Applicants and participants of the Rhode Island works program shall agree to comply
with the terms of the individual employment plan, and shall cooperate fully with the steps
established in the individual employment plan, including the work requirements.
     (9) The department of human services has the authority under the chapter to require
attendance by the applicant/participant, either at the department of human services or at the
department of labor and training, at appointments deemed necessary for the purpose of having the
applicant enter into and become eligible for assistance through the Rhode Island works program.
The appointments include, but are not limited to, the initial interview, orientation and assessment;
job readiness and job search. Attendance is required as a condition of eligibility for cash assistance
in accordance with rules and regulations established by the department.
     (10) As a condition of eligibility for assistance pursuant to this chapter, the
applicant/participant shall be obligated to keep appointments, attend orientation meetings at the
department of human services and/or the Rhode Island department of labor and training, participate
in any initial assessments or appraisals and comply with all the terms of the individual employment
plan in accordance with department of human services rules and regulations.
     (11) A participant, including a parent or non-parent caretaker relative included in the cash
assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as
defined in this chapter or the department's rules and regulations.
     (12) A participant who voluntarily quits or refuses a job without good cause, as defined in
§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned
in accordance with rules and regulations promulgated by the department.
     (f) Resources.
     (1) The family or assistance unit's countable resources shall be less than the allowable
resource limit established by the department in accordance with this chapter.
     (2) No family or assistance unit shall be eligible for assistance payments if the combined
value of its available resources (reduced by any obligations or debts with respect to such resources)
exceeds one thousand dollars ($1,000).
     (3) For purposes of this subsection, the following shall not be counted as resources of the
family/assistance unit in the determination of eligibility for the works program:
     (i) The home owned and occupied by a child, parent, relative or other individual;
     (ii) Real property owned by a husband and wife as tenants by the entirety, if the property
is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in
the property;
     (iii) Real property that the family is making a good faith effort to dispose of, however, any
cash assistance payable to the family for any such period shall be conditioned upon such disposal
of the real property within six (6) months of the date of application and any payments of assistance
for that period shall (at the time of disposal) be considered overpayments to the extent that they
would not have occurred at the beginning of the period for which the payments were made. All
overpayments are debts subject to recovery in accordance with the provisions of the chapter;
     (iv) Income producing property other than real estate including, but not limited to,
equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or
services that the department determines are necessary for the family to earn a living;
     (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per
household, and in addition, a vehicle used primarily for income producing purposes such as, but
not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle that annually
produces income consistent with its fair market value, even if only used on a seasonal basis; a
vehicle necessary to transport a family member with a disability where the vehicle is specially
equipped to meet the specific needs of the person with a disability or if the vehicle is a special type
of vehicle that makes it possible to transport the person with a disability;
     (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of
limited value;
     (vii) Burial plots (one for each child, relative, and other individual in the assistance unit)
and funeral arrangements;
     (viii) For the month of receipt and the following month, any refund of federal income taxes
made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating
to earned income tax credit), and any payment made to the family by an employer under § 3507 of
the Internal Revenue Code of 1986, 26 U.S.C. § 3507 (relating to advance payment of such earned
income credit);
     (ix) The resources of any family member receiving supplementary security income
assistance under the Social Security Act, 42 U.S.C. § 301 et seq.
     (g) Income.
     (1) Except as otherwise provided for herein, in determining eligibility for and the amount
of cash assistance to which a family is entitled under this chapter, the income of a family includes
all of the money, goods, and services received or actually available to any member of the family.
     (2) In determining the eligibility for and the amount of cash assistance to which a
family/assistance unit is entitled under this chapter, income in any month shall not include the first
one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings
of the family in excess of one hundred seventy dollars ($170) earned during the month.
     (3) The income of a family shall not include:
     (i) The first fifty dollars ($50.00) in child support received in any month from each non-
custodial parent of a child plus any arrearages in child support (to the extent of the first fifty dollars
($50.00) per month multiplied by the number of months in which the support has been in arrears)
that are paid in any month by a non-custodial parent of a child;
     (ii) Earned income of any child;
     (iii) Income received by a family member who is receiving supplemental security income
(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;
     (iv) The value of assistance provided by state or federal government or private agencies to
meet nutritional needs, including: value of USDA donated foods; value of supplemental food
assistance received under the Child Nutrition Act of 1966, as amended and the special food service
program for children under Title VII, nutrition program for the elderly, of the Older Americans Act
of 1965 as amended, and the value of food stamps;
     (v) Value of certain assistance provided to undergraduate students, including any grant or
loan for an undergraduate student for educational purposes made or insured under any loan program
administered by the U.S. Commissioner of Education (or the Rhode Island council on
postsecondary education or the Rhode Island division of higher education assistance);
     (vi) Foster care payments;
     (vii) Home energy assistance funded by state or federal government or by a nonprofit
organization;
     (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made
to foster grandparents, senior health aides or senior companions and to persons serving in SCORE
and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act
of 1973, 42 U.S.C. § 5000 et seq.;
     (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules
and regulations;
     (x) Certain payments to native Americans; payments distributed per capita to, or held in
trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,
25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes
which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,
1975;
     (xi) Refund from the federal and state earned income tax credit;
     (xii) The value of any state, local, or federal government rent or housing subsidy, provided
that this exclusion shall not limit the reduction in benefits provided for in the payment standard
section of this chapter.
     (4) The receipt of a lump sum of income shall affect participants for cash assistance in
accordance with rules and regulations promulgated by the department.
     (h) Time limit on the receipt of cash assistance.
     (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this
chapter, to a family or assistance unit that includes an adult member who has received cash
assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time
receiving any type of cash assistance in any other state or territory of the United States of America
as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)
with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to
a family or assistance unit which includes an adult member who has received cash assistance for a
total of a lifetime limit of forty-eight (48) months.
     (2) Cash benefits received by a minor dependent child shall not be counted toward their
lifetime time limit for receiving benefits under this chapter should that minor child apply for cash
benefits as an adult.
     (3) Certain minor children not subject to time limit. This section regarding the lifetime time
limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)
living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult
non-parent caretaker relative who is not in the case assistance payment.
     (4) Receipt of family cash assistance in any other state or territory of the United States of
America shall be determined by the department of human services and shall include family cash
assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds
[Title IV-A of the Federal Social Security Act 42 U.S.C. § 601 et seq.] and/or family cash assistance
provided under a program similar to the Rhode Island families work and opportunity program or
the federal TANF program.
     (5)(i) The department of human services shall mail a notice to each assistance unit when
the assistance unit has six (6) months of cash assistance remaining and each month thereafter until
the time limit has expired. The notice must be developed by the department of human services and
must contain information about the lifetime time limit, the number of months the participant has
remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus,
and any other information pertinent to a family or an assistance unit nearing the forty-eight-month
(48) lifetime time limit.
     (ii) For applicants who have less than six (6) months remaining in the forty-eight-month
(48) lifetime time limit because the family or assistance unit previously received cash assistance in
Rhode Island or in another state, the department shall notify the applicant of the number of months
remaining when the application is approved and begin the process required in subsection (h)(5)(i).
     (6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary
Assistance for Needy Families Program (federal TANF described in Title IV A of the Federal
Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family
independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction
because of failure to comply with the cash assistance program requirements; and that recipient
family received forty-eight (48) months of cash benefits in accordance with the family
independence program, then that recipient family is not able to receive further cash assistance for
his/her family, under this chapter, except under hardship exceptions.
     (7) The months of state or federally funded cash assistance received by a recipient family
since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program
(federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),
formerly entitled the Rhode Island family independence program, shall be countable toward the
time limited cash assistance described in this chapter.
     (i) Time limit on the receipt of cash assistance.
     (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance
unit in which an adult member has received cash assistance for a total of sixty (60) months (whether
or not consecutive) to include any time receiving any type of cash assistance in any other state or
territory of the United States as defined herein effective August 1, 2008. Provided further, that no
cash assistance shall be provided to a family in which an adult member has received assistance for
twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan
as provided in § 40-5.2-12(g)(5).
     (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter
to a family in which a child has received cash assistance for a total of sixty (60) months (whether
or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to
subdivision 40-5.2(a) (2) to include any time they received any type of cash assistance in any other
state or territory of the United States as defined herein.
     (j) Hardship exceptions.
     (1) The department may extend an assistance unit's or family's cash assistance beyond the
time limit, by reason of hardship; provided, however, that the number of families to be exempted
by the department with respect to their time limit under this subsection shall not exceed twenty
percent (20%) of the average monthly number of families to which assistance is provided for under
this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by
federal law, any waiver granted under § 40-5.2-35 40-5.2-34, for domestic violence, shall not be
counted in determining the twenty percent (20%) maximum under this section.
     (2) Parents who receive extensions to the time limit due to hardship must have and comply
with employment plans designed to remove or ameliorate the conditions that warranted the
extension.
     (k) Parents under eighteen (18) years of age.
     (1) A family consisting of a parent who is under the age of eighteen (18), and who has
never been married, and who has a child; or a family consisting of a woman under the age of
eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if
the family resides in the home of an adult parent, legal guardian, or other adult relative. The
assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of
the individual and child unless otherwise authorized by the department.
     (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,
legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the
department determines that the physical or emotional health or safety of the minor parent, or his or
her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same
residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal
guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor,
to live in his or her home shall constitute a presumption that the health or safety would be so
jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or
legal guardian for a period of at least one year before either the birth of any child to a minor parent
or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental
regulations, for waiving the subsection; and the individual resides in a supervised supportive living
arrangement to the extent available.
     (3) For purposes of this section, "supervised supportive living arrangement" means an
arrangement that requires minor parents to enroll and make satisfactory progress in a program
leading to a high school diploma or a general education development certificate, and requires minor
parents to participate in the adolescent parenting program designated by the department, to the
extent the program is available; and provides rules and regulations that ensure regular adult
supervision.
     (l) Assignment and cooperation. As a condition of eligibility for cash and medical
assistance under this chapter, each adult member, parent, or caretaker relative of the
family/assistance unit must:
     (1) Assign to the state any rights to support for children within the family from any person
that the family member has at the time the assignment is executed or may have while receiving
assistance under this chapter;
     (2) Consent to and cooperate with the state in establishing the paternity and in establishing
and/or enforcing child support and medical support orders for all children in the family or assistance
unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
     (3) Absent good cause, as defined by the department of human services through the rule-
making process, for refusing to comply with the requirements of (l )(1) and (l)(2), cash assistance
to the family shall be reduced by twenty-five percent (25%) until the adult member of the family
who has refused to comply with the requirements of this subsection consents to and cooperates with
the state in accordance with the requirements of this subsection.
     (4) As a condition of eligibility for cash and medical assistance under this chapter, each
adult member, parent, or caretaker relative of the family/assistance unit must consent to and
cooperate with the state in identifying and providing information to assist the state in pursuing any
third-party who may be liable to pay for care and services under Title XIX of the Social Security
Act, 42 U.S.C. § 1396 et seq.
     40-5.2-12. Work requirements for receipt of cash assistance.
     (a) The department of human services and the department of labor and training shall assess
the applicant/parent or non-parent caretaker relative's work experience, educational, and vocational
abilities, and the department, together with the parent, shall develop and enter into a mandatory,
individual employment plan in accordance with § 40-5.2-10(e) of this chapter.
     (b) In the case of a family including two (2) parents, at least one of the parents shall be
required to participate in an employment plan leading to full-time employment. The department
may also require the second parent in a two-parent (2) household to develop an employment plan
if, and when, the youngest child reaches six (6) years of age or older.
     (c) The written, individual employment plan shall specify, at minimum, the immediate
steps necessary to support a goal of long-term, economic independence.
     (d) All applicants and participants in the Rhode Island works employment program must
attend and participate in required appointments, employment plan development, and employment-
related activities, unless temporarily exempt for reasons specified in this chapter.
     (e) A recipient/participant temporarily exempted from the work requirements may
participate in an individual employment plan on a voluntary basis, however, the individual remains
subject to the same program compliance requirements as a participant without a temporary
exemption.
     (f) The individual employment plan shall specify the participant's work activity(ies) and
the supportive services that will be provided by the department to enable the participant to engage
in the work activity(ies).
     (g) Work Requirements for single-parent families. In single-parent households, the
participant parent or non-parent caretaker relative in the cash assistance payment, shall participate
as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in
the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest
child in the home is six (6) years of age or older, in one or more of their required work activities,
as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined
by the department of human services and the department of labor and training; provided, however,
that he or she shall begin with intensive employment services as the first step in the individual
employment plan. Required work activities are as follows:
     (1) At least twenty (20) hours per week must come from participation in one or more of
the following ten (10) work activities:
     (A) Unsubsidized employment;
     (B) Subsidized, private-sector employment;
     (C) Subsidized, public-sector employment;
     (D) Work experience;
     (E) On-the-Job Training;
     (F) Job search and job readiness;
     (G) Community service programs;
     (H) Vocational educational training not to exceed twelve (12) months;
     (I) Providing child care services to another participant parent who is participating in an
approved community service program; and
     (J) Adult education in an intensive work readiness program.
     (2) Above twenty (20) hours per week, the parent may participate in one or more of the
following three (3) activities in order to satisfy a thirty-hour (30) requirement:
     (A) Job skills training directly related to employment;
     (B) Education directly related to employment; and
     (C) Satisfactory attendance at a secondary school or in a course of study leading to a
certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without
a high school diploma or General Equivalence Diploma (GED).
     (3) In the case of a parent under the age of twenty (20), attendance at a secondary school
or the equivalent during the month, or twenty (20) hours per week on average for the month in
education directly related to employment, will be counted as engaged in work.
     (4) A parent who participates in a work experience or community service program for the
maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed
to have participated in his or her required minimum hours per week in core activities if actual
participation falls short of his or her required minimum hours per week.
     (5) A parent who has been determined to have a physical or mental impairment affecting
employment, but who has not been found eligible for Social Security Disability benefits or
Supplemental Security Income must participate in his or her rehabilitation employment plan as
developed with the office of rehabilitative services that leads to employment and/or to receipt of
disability benefits through the Social Security Administration.
     (6) A required work activity may be any other work activity permissible under federal
TANF provisions or state-defined Rhode Island Works program activity, including up to ten (10)
hours of activities required by a parent's department of children, youth and families service plan.
     (h) Exemptions from work requirements for the single-parent family. Work requirements
outlined in § 40-5.2-12(g) above shall not apply to a single parent if (and for so long as) the
department finds that he or she is:
     (1) Caring for a child below the age of one; provided, however, that a parent may opt for
the deferral from an individual employment plan for a maximum of twelve (12) months during the
twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent
without a high school diploma or the equivalent, and who is not married, shall not be exempt for
more than twelve (12) weeks from the birth of the child;
     (2) Caring for a disabled family member who resides in the home and requires full-time
care;
     (3) A recipient of Social Security Disability benefits or Supplemental Security Income or
other disability benefits that have the same standard of disability as defined by the Social Security
Administration;
     (4) An individual receiving assistance who is a victim of domestic violence as determined
by the department in accordance with rules and regulations;
     (5) An applicant for assistance in her third trimester or a pregnant woman in her third
trimester who is a recipient of assistance and has medical documentation that she cannot work;
     (6) An individual otherwise exempt by the department as defined in rules and regulations
promulgated by the department.
     (i) Work requirement for two-parent families.
     (1) In families consisting of two (2) parents, one or both parents are required, and shall be
engaged in, work activities as defined below, for an individual or combined total of at least thirty-
five (35) hours per week during the month, not fewer than thirty (30) hours per week of that are
attributable to one or more of the following listed work activities; provided, however, that he or she
shall begin with intensive employment services as the first step in the Individual Employment Plan.
Two-parent work requirements shall be defined as the following:
     (A) Unsubsidized employment;
     (B) Subsidized private-sector employment;
     (C) Subsidized public-sector employment;
     (D) Work experience;
     (E) On-the-job training;
     (F) Job search and job readiness;
     (G) Community service program;
     (H) Vocational educational training not to exceed twelve (12) months;
     (I) The provision of child care services to a participant individual who is participating in a
community service program; and
     (J) Adult education in an intensive work readiness program.
     (2) Above thirty (30) hours per week, the following three (3) activities may also count for
participation:
     (A) Job skills training directly related to employment;
     (B) Education directly related to employment; and
     (C) Satisfactory attendance at secondary school or in a course of study leading to a
certificate of general equivalence.
     (3) A family with two (2) parents, in which one or both parents participate in a work
experience or community service program, shall be deemed to have participated in core work
activities for the maximum number of hours per week allowable by the Fair Labor Standards Act
(FLSA) if actual participation falls short of his or her required minimum hours per week.
     (4) If the family receives child care assistance and an adult in the family is not disabled or
caring for a severely disabled child, then the work-eligible individuals must be participating in work
activities for an average of at least fifty-five (55) hours per week to count as a two-parent family
engaged in work for the month.
     (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in
the activities listed in § 40-5.2-12(i)(1).
     Above fifty (50) hours per week, the three (3) activities listed in § 40-5.2-12(i)(2) may also
count as participation.
     (6) A family with two (2) parents receiving child care in which one or both parents
participate in a work experience or community service program for the maximum number of hours
per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their
required core hours if actual participation falls short of the required minimum hours per week. For
families that need additional hours beyond the core activity requirement, these hours must be
satisfied in some other TANF work activity.
     (j) Exemptions from work requirements for two-parent families. Work requirements
outlined in § 40-5.2-12(i) above shall not apply to two parent families if (and for so long as) the
department finds that:
     (1) Both parents receive Supplemental Security Income (SSI);
     (2) One parent receives SSI, and the other parent is caring for a disabled family member
who resides in the home and who requires full-time care; or
     (3) The parents are otherwise exempt by the department as defined in rules and regulations.
     (k) Failure to comply with work requirements. Sanctions and Terminations.
     (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled
under this chapter, shall be reduced for three (3) months, whether or not consecutive, in accordance
with rules and regulations promulgated by the department, whenever any participant, without good
cause as defined by the department in its rules and regulations, has failed to enter into an individual
employment plan; has failed to attend a required appointment; has refused or quit employment; or
has failed to comply with any other requirements for the receipt of cash assistance under this
chapter. If the family's benefit has been reduced, benefits shall be restored to the full amount
beginning with the initial payment made on the first of the month following the month in which the
parent: (i) Enters into an individual employment plan or rehabilitation plan and demonstrates
compliance with the terms thereof; or (ii) Demonstrates compliance with the terms of his or her
existing individual employment plan or rehabilitation plan, as such plan may be amended by
agreement of the parent and the department.
     (2) In the case where appropriate child care has been made available in accordance with
this chapter, a participant's failure, without good cause, to accept a bona fide offer of work,
including full-time, part-time, and/or temporary employment, or unpaid work experience or
community service, shall be deemed a failure to comply with the work requirements of this section
and shall result in reduction or termination of cash assistance, as defined by the department in rules
and regulations duly promulgated.
     (3) If the family/assistance unit's benefit has been reduced for a total of three (3) months,
whether or not consecutive in accordance with this section due to the failure by one or more parents
to enter into an individual employment plan, or failure to comply with the terms of his or her
individual employment plan, or the failure to comply with the requirements of this chapter, cash
assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and
the benefits shall be restored to the family/assistance unit in the full amount the family/assistance
unit is otherwise eligible for under this chapter beginning on the first of the month following the
month in which all parents in the family/assistance unit who are subject to the employment or
rehabilitation plan requirements under this chapter: (1) Enter into an individual employment or
rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (2)
Demonstrate compliance with the terms of the parent's individual employment or rehabilitation
employment plan in effect at the time of termination of benefits, as such plan may be amended by
agreement of the parent and the department.
     (4) Up to ten (10) days following a notice of adverse action to reduce or terminate benefits
under this subsection, the client may request the opportunity to meet with a social worker to identify
the reasons for non-compliance, establish good cause, and seek to resolve any issues that have
prevented the parent from complying with the employment plan requirements.
     (5) Participants whose cases had closed in sanction status pursuant to Rhode Island's prior
Temporary Assistance for Needy Families Program, (federal TANF described in Title IVA of the
federal Social Security Act, 42 U.S.C. § 601 et seq.), the Family Independence Program, more
specifically, § 40-5.1-9(2)(c), due to failure to comply with the cash assistance program
requirements, but who had received less than forty-eight (48) months of cash assistance at the time
of closure, and who reapply for cash assistance under the Rhode Island works program, must
demonstrate full compliance, as defined by the department in its rules and regulations, before they
shall be eligible for cash assistance pursuant to this chapter.
     (l) Good Cause. Good Cause for failing to meet any program requirements including
leaving employment, and failure to fulfill documentation requirements, shall be outlined in rules
and regulations promulgated by the department of human services.
     40-5.2-20. Child-care assistance.
     Families or assistance units eligible for child-care assistance.
     (a) The department shall provide appropriate child care to every participant who is eligible
for cash assistance and who requires child care in order to meet the work requirements in
accordance with this chapter.
     (b) Low-income child care. The department shall provide child care to all other working
families with incomes at or below one hundred eighty percent (180%) of the federal poverty level
if, and to the extent, these other families require child care in order to work at paid employment as
defined in the department's rules and regulations. Beginning October 1, 2013, the department shall
also provide child care to families with incomes below one hundred eighty percent (180%) of the
federal poverty level if, and to the extent, these families require child care to participate on a short-
term basis, as defined in the department's rules and regulations, in training, apprenticeship,
internship, on-the-job training, work experience, work immersion, or other job-readiness/job-
attachment program sponsored or funded by the human resource investment council (governor's
workforce board) or state agencies that are part of the coordinated program system pursuant to §
42-102-11.
     (c) No family/assistance unit shall be eligible for child-care assistance under this chapter if
the combined value of its liquid resources exceeds one million dollars ($1,000,000), which
corresponds to the amount permitted by the federal government under the state plan and set forth
in the administrative rule-making process by the department. Liquid resources are defined as any
interest(s) in property in the form of cash or other financial instruments or accounts that are readily
convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit
union, or other financial institution savings, checking, and money market accounts; certificates of
deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments
or accounts. These do not include educational savings accounts, plans, or programs; retirement
accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.
The department is authorized to promulgate rules and regulations to determine the ownership and
source of the funds in the joint account.
     (d) As a condition of eligibility for child-care assistance under this chapter, the parent or
caretaker relative of the family must consent to, and must cooperate with, the department in
establishing paternity, and in establishing and/or enforcing child support and medical support
orders for any children in the family receiving appropriate child care under this section in
accordance with the applicable sections of title 15 of the state's general laws, as amended, unless
the parent or caretaker relative is found to have good cause for refusing to comply with the
requirements of this subsection.
     (e) For purposes of this section, "appropriate child care" means child care, including infant,
toddler, pre-school, nursery school, and school-age, that is provided by a person or organization
qualified, approved, and authorized to provide the care by the state agency or agencies designated
to make the determinations in accordance with the provisions set forth herein.
     (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal
poverty level guidelines shall be provided with free child care. Families with incomes greater than
one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable
federal poverty guideline shall be required to pay for some portion of the child care they receive,
according to a sliding-fee scale adopted by the department in the department's rules.
     (2) Families who are receiving child-care assistance and who become ineligible for child-
care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the
applicable federal poverty guidelines shall continue to be eligible for child-care assistance until
their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty
guidelines. To be eligible, the families must continue to pay for some portion of the child care they
receive, as indicated in a sliding-fee scale adopted in the department's rules and in accordance with
all other eligibility standards.
     (g) In determining the type of child care to be provided to a family, the department shall
take into account the cost of available child-care options; the suitability of the type of care available
for the child; and the parent's preference as to the type of child care.
     (h) For purposes of this section, "income" for families receiving cash assistance under §
40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in
§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and
unearned income as determined by departmental regulations.
     (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
the expenditures for child care in accordance with the provisions of § 35-17-1.
     (j) In determining eligibility for child-care assistance for children of members of reserve
components called to active duty during a time of conflict, the department shall freeze the family
composition and the family income of the reserve component member as it was in the month prior
to the month of leaving for active duty. This shall continue until the individual is officially
discharged from active duty.
     40-5.2-21. Eligibility for medical benefits.
     (a) Every member of any family/assistance unit eligible for cash assistance under this
chapter shall be eligible for medical assistance through the RIte Care or RIte Share programs, as
determined by the department, subject to the provisions of subsection 40-8-1(d) and provided,
further, that eligibility for such medical assistance, must qualify for federal financial participation
pursuant to the provisions of Title XIX of the federal social security act, 42 U.S.C. § 1396 et seq.
     (b) If a family becomes ineligible for cash assistance payments under this chapter as a result
of excess earnings from employment, the family/assistance unit shall continue to be eligible for
medical assistance through the RIte Care or RIte Share program for a period of twelve (12) months
or until employer paid family health care coverage begins, subject to the provisions of subsection
40-8-1(d), whichever occurs first; and provided, further, that eligibility those eligible for such
medical assistance, must qualify for federal financial participation pursuant to the provisions of
title XIX of the federal social security Act, 42 U.S.C. § 1396 et seq.
     SECTION 27. Sections 40-6-10 and 40-6-29 of the General Laws in Chapter 40-6 entitled
“Public Assistance Act” are hereby amended to read as follows:
     40-6-10. Effects of assistance on receipt of workers' compensation benefits.
     (a) No individual shall be entitled to receive assistance provided under this chapter or
chapter 5.1 of this title and/or medical assistance under chapter 8 of this title for any period
beginning on or after July 1, 1982, with respect to which benefits are paid or payable to individuals
under any workers' compensation law of this state, any other state, or the federal government, on
account of any disability caused by accident or illness. In the event that workers' compensation
benefits are subsequently awarded to an individual with respect to which the individual has received
assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under
chapter 8 of this title, then the executive office of health and human services shall be subrogated to
the individual's rights in the award to the extent of the amount of the payments and/or medical
assistance paid to or on behalf of the individuals.
     (b) Whenever an employer or insurance carrier has been notified by the executive office of
health and human services that an individual is an applicant for or a recipient of assistance payments
under this chapter or chapter 5.1 of this title, and/or medical assistance under chapter 8 of this title,
for a period during which the individual is or may be eligible for benefits under the Workers'
Compensation Act, chapters 29--38 of title 28, the notice shall constitute a lien in favor of the
executive office of health and human services, upon any pending award, order, or settlement to the
individual under the Workers' Compensation Act. The employer or his or her insurance carrier shall
be required to reimburse the executive office of health and human services the amount of the
assistance payments and/or medical assistance paid to or on behalf of the individual for any period
for which an award, order, or settlement is made.
     (c) Whenever an individual becomes entitled to or is awarded workers' compensation for
the same period with respect to which the individual has received assistance payments under this
chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and
whenever notice of the receipt of assistance payments has been given to the division of workers'
compensation of the department of labor and training of this state and/or the workers' compensation
commission, the division or commission is hereby required to and shall incorporate in any award,
order, or approval of settlement, an order requiring the employer or his or her insurance carrier to
reimburse the executive office of health and human services the amount of the assistance payments
and/or medical assistance paid to or on behalf of the individual for the period for which an award,
order, or settlement is made.
     (d) Any claims or payments to a recipient of medical assistance provided by the executive
office of health and human services in accordance with chapter 40-8 of title 40 shall also be subject
to the provisions of chapter § 28-33-27. Funds available to be paid for the payment of child support
shall supersede any payment made pursuant to this chapter and chapter 27-57.1 of title 27.
     40-6-29. Health care benefits -- Employers -- Discrimination against public assistance
recipients.
     (a) No employer in the state who shall hire, contract with, or employ an individual
(hereinafter "recipient") who has been determined eligible to receive public assistance or medical
assistance under chapters 6 and 5.1 and 8.4 of this title, or chapter 12.3 of title 42 and/or title XIX
of the Social Security Act, 42 U.S.C. § 1396 et seq., shall discriminate against the recipient(s) on
the basis that the recipient(s) receive health care coverage as an element of their eligibility under
those chapters and act.
     (b) The department of human services is hereby authorized and directed to amend its
regulations and any appropriate state plan(s) pursuant to the federal Social Security Act, 42 U.S.C.
§ 301 et seq., to provide for imposition of a fine on the failure of any employer to comply with the
requirements of this section.
     (c) The amount of the fine imposed by subsection (b) of this section shall be equal to one
hundred dollars ($100) for each day for each individual for which the failure occurs.
     (d) No fine shall be imposed by subsection (b) if:
     (1) the failure was due to reasonable cause and not willful neglect; and
     (2) the failure is corrected during the thirty (30) day period (or such period as the director
of the department of human services may determine appropriate) beginning on the first day any of
the individuals upon whom the fine is imposed know, or exercising reasonable diligence would
have known, that the failure existed. In the case of a failure which is due to reasonable cause and
not to willful neglect, the director may waive part or all of the fine imposed by subsection (a) to the
extent that the payment of the fine would be excessive relative to the failure involved.
     (e) No employer may refuse to provide employee data information lawfully requested by
the department of human services about specific employees whom the department had determined
eligible or is in the process of determining eligibility to receive public health care benefits.
     (f) As used in this section, the term "group health plan" has the meaning given the term in
§ 5000(b)(1) of the Internal Revenue Code of 1986, 26 U.S.C. § 5000(b)(1).
     (g) A group health plan offered by an employer:
     (1) May not take into account, for any item or services to be furnished to a recipient at the
time the recipient is covered under the plan by reason of the current employment of that recipient
(or the recipient's spouse), that the recipient is entitled to health care coverage as an element of
their eligibility; and
     (2) Shall provide that any recipient, and any recipient's spouse and minor dependents, shall
be entitled to the same benefits under the plan under the same conditions as any employee, and the
spouse and dependents of the employee.
     (h) It is unlawful for an employer to offer any financial or other incentive for a recipient
not to enroll (or to terminate enrollment) under a group health plan, unless the incentive is also
offered to all individuals who are eligible for coverage under the plan. Any entity that violates the
previous sentence is subject to a civil money penalty not to exceed five thousand dollars ($5,000)
for each violation, which may be imposed by the department of human services.
     SECTION 28. Section 40-6.1-2 of the General Laws in Chapter 40-6.1 entitled “Work
Training Program” is hereby amended to read as follows:
     40-6.1-2. Participation requirement -- Assignment of work.
     As provided in this chapter, employable persons receiving financial support from the state
shall be required to participate in the work training program and to perform such work as may be
assigned to them by the director of the department of human services (hereinafter called the
"director") or his or her designee. The director shall assign such work as is available in connection
with the affairs of the state, and all of the several cities and towns participating in the general public
assistance program (GPA) shall be required to provide work training opportunities for residents of
their respective cities and towns who receive GPA support. The director shall determine if the work
is suitable and whether the GPA recipient is able to perform the work. Notwithstanding the
foregoing, the recipients shall not be utilized in any work position to replace or perform work
ordinarily performed by regular employees of any department or agency of state or municipal
government, nor to replace or perform work ordinarily performed by a craft or trade person in
private employment.
     SECTION 29. Section 40-6.6-9 of the General Laws in Chapter 40-6.6 entitled “Quality
Family Child Care Act” is hereby amended to read as follows:
     40-6.6-9. Certification and decertification of provider organization.
     (a) Petitions to certify a provider organization to serve as the provider representative of
CCAP family child care providers, petitions to intervene in such an election, and any other petitions
for investigation of controversies as to representation may be filed with and acted upon by the labor
relations board in accordance with the provisions of Chapter 7 of Title 28 and the board's rules and
regulations; provided that any valid petition as to whether CCAP family child care providers wish
to certify or decertify a provider representative shall be resolved by a secret ballot election among
CCAP family child care providers, for which the purpose the board may designate a neutral third
party to conduct said secret ballot election.
     (b) The only appropriate unit shall consist of all CCAP family child care providers in the
state.
     (c) The cost of any certification election held under this section will be split equally among
all the provider organizations that appear on the ballot.
     SECTION 30. Section 40-8-32 of the General Laws in Chapter 40-8 entitled “Medical
Assistance” is hereby amended to read as follows:
     40-8-32. Support for certain patients of nursing facilities.
     (a) Definitions. For purposes of this section,:
     (1) "Applied income" shall mean the amount of income a Medicaid beneficiary is required
to contribute to the cost of his or her care.
     (2) "Authorized individual" shall mean a person who has authority over the income of a
patient of a nursing facility such as a person who has been given or has otherwise obtained authority
over a patient's bank account, has been named as or has rights as a joint account holder, or is a
fiduciary as defined below.
     (3) "Costs of care" shall mean the costs of providing care to a patient of a nursing facility,
including nursing care, personal care, meals, transportation and any other costs, charges, and
expenses incurred by a nursing facility in providing care to a patient. Costs of care shall not exceed
the customary rate the nursing facility charges to a patient who pays for his or her care directly
rather than through a governmental or other third party payor.
     (4) "Fiduciary" shall mean a person to whom power or property has been formally entrusted
for the benefit of another such as an attorney-in-fact, legal guardian, trustee, or representative
payee.
     (5) "Nursing facility" shall mean a nursing facility licensed under Chapter 17 of Title 23,
which is a participating provider in the Rhode Island Medicaid program.
     (6) "Penalty period" means the period of Medicaid ineligibility imposed pursuant to 42
U.S.C. § 1396p(c), as amended from time to time, on a person whose assets have been transferred
for less than fair market value.
     (7) "Uncompensated care" -- Care and services provided by a nursing facility to a Medicaid
applicant without receiving compensation therefore from Medicaid, Medicare, the Medicaid
applicant, or other source. The acceptance of any payment representing actual or estimated applied
income shall not disqualify the care and services provided from qualifying as uncompensated care.
     (b) Penalty period resulting from transfer. Any transfer or assignment of assets resulting in
the establishment or imposition of a penalty period shall create a debt that shall be due and owing
to a nursing facility for the unpaid costs of care provided during the penalty period to a patient of
that facility who has been subject to the penalty period. The amount of the debt established shall
not exceed the fair market value of the transferred assets at the time of transfer that are the subject
of the penalty period. A nursing facility may bring an action to collect a debt for the unpaid costs
of care given to a patient who has been subject to a penalty period, against either the transferor or
the transferee, or both. The provisions of this section shall not affect other rights or remedies of the
parties.
     (c) Applied income. A nursing facility may provide written notice to a patient who is a
Medicaid recipient and any authorized individual of that patient of:
     (1) Of the amount of applied income due;
     (2) Of the recipient's legal obligation to pay the applied income to the nursing facility; and
     (3) That the recipient's failure to pay applied income due to a nursing facility not later than
thirty days after receiving such notice from the nursing facility may result in a court action to
recover the amount of applied income due.
     A nursing facility that is owed applied income may, in addition to any other remedies
authorized under law, bring a claim to recover the applied income against a patient and any
authorized individual. If a court of competent jurisdiction determines, based upon clear and
convincing evidence, that a defendant willfully failed to pay or withheld applied income due and
owing to a nursing facility for more than thirty days after receiving notice pursuant to this
subsection (c), the court may award the amount of the debt owed, court costs and reasonable
attorneys' fees to the nursing facility.
     (d) Effects. Nothing contained in this section shall prohibit or otherwise diminish any other
causes of action possessed by any such nursing facility. The death of the person receiving nursing
facility care shall not nullify or otherwise affect the liability of the person or persons charged with
the costs of care rendered or the applied income amount as referenced in this section.
     SECTION 31. Section 40-8.4-2 of the General Laws in Chapter 40-8.4 entitled “Health
Care for Families” is hereby amended to read as follows:
     40-8.4-2. Purpose.
     It is the intent of the general assembly to continue to meet the goal established in 1993
pursuant to § 42-12.3-1 42-12.3-2 to assure access to comprehensive health care by providing or
creating access to health insurance to all Rhode Islanders who are uninsured. Over the course of
several years, health insurance through the RIte Care program has been extended to pregnant
women and children living in families whose income is less than two hundred fifty percent (250%)
of the federal poverty level. Many of the parents of these children are uninsured and without the
means to purchase health insurance. Federal funds are available to help pay for health insurance for
low-income families through the medical assistance program under § 1931 of Title XIX of the
Social Security Act, 42 U.S.C. § 1396u-1, which de-links medical assistance from cash assistance
and allows for expanded income and resource methodologies. It is the intent of the general
assembly, therefore, to implement § 1931 of Title XIX of the Social Security Act and in addition
to provide expanded access to health insurance for eligible families. Federal funds for some
children and pregnant women may also be available under Title XXI of the Social Security Act, 42
U.S.C. § 1397aa et seq., and it is further the intent of the general assembly to access these funds as
appropriate and as authorized in accordance with the legal authority provided by the Children's
Health Insurance Program Reauthorization Act of 2009 (CHIPRA), and Title XXI of the Social
Security Act, 42 U.S.C. § 1397 et seq.
     SECTION 32. Section 40-8.12-2 of the General Laws in Chapter 40-8.12 “Entitled Health
care for Adults” is hereby amended to read as follows:
     40-8.12-2. Eligibility.
     (a) Medicaid coverage for non-pregnant adults without children. There is hereby
established, effective January 1, 2014, a category of Medicaid eligibility pursuant to Title XIX of
the Social Security Act, as amended by the U.S. Patient Protection and Affordable Care Act (ACA)
of 2010, 42 U.S.C. § 1396u-1, for adults ages nineteen (19) to sixty-four (64) who do not have
dependent children and do not qualify for Medicaid under Rhode Island general laws applying to
families with children and adults who are blind, aged or living with a disability. The executive
office of health and human services is directed to make any amendments to the Medicaid state plan
and waiver authorities established under title XIX necessary to implement this expansion in
eligibility and assure the maximum federal contribution for health insurance coverage provided
pursuant to this chapter.
     (b) Income. The secretary of the executive office of health and human services is authorized
and directed to amend the Medicaid Title XIX state plan and, as deemed necessary, any waiver
authority to effectuate this expansion of coverage to any Rhode Islander who qualifies for Medicaid
eligibility under this chapter with income at or below one hundred and thirty-three percent (133%)
of the federal poverty level, based on modified adjusted gross income.
     (c) Delivery system. The executive office of health and human services is authorized and
directed to apply for and obtain any waiver authorities necessary to provide persons eligible under
this chapter with managed, coordinated health care coverage consistent with the principles set forth
in § 42-12.4 chapter 12.4 of title 42, pertaining to a health care home.
     SECTION 33. Sections 40-9.1-3 and 40-9.1-5 of the General Laws in Chapter 40-9.1
entitled ”Equal Rights to Public Facilities” are hereby amended to read as follows:
     40-9.1-3. Penalty for injuring or interfering with a service animal -- Civil actions --
Damages -- Costs and attorney's fees.
     (a) It is unlawful for any person, corporation, or the agent of any corporation to:
     (1) Withhold, deny, deprive, or attempt to withhold, deny, or deprive, any other person of
any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
     (2) Intimidate, threaten, coerce, or attempt to threaten, intimidate, or coerce, any other
person to interfere with any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
     (3) Punish, or attempt to punish, any person for exercising, or attempting to exercise, any
right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
     (b) It is unlawful for any person to injure a service animal and the person shall be liable
for the injuries to the service animal and if necessary the replacement and compensation for the
loss of the service animal.
     (c) It is unlawful for the owner of an animal to allow their animal to injure a service animal
because the owner failed to control or leash the service animal. The owner shall also be liable for
the injuries to the service animal and if necessary the replacement and compensation for the loss of
the service animal.
     (d) Any person who violates subsection (a)(1) is guilty of a misdemeanor. Any person who
purposely or negligently violates subsection (a)(2) or (a)(3) is guilty of a misdemeanor. Violations
shall be punished by imprisonment for not more than six (6) months or by a fine of not less than
one hundred dollars ($100), or by both fine and imprisonment. Any person or corporation who or
that violates subsection (a), (b), or (c) is also liable to the person whose rights under §§ 40-9.1-2
and 40-9.1-2.1 were violated for actual damages for any economic loss and/or punitive damages,
to be recovered by a civil action in a court in and for the county in which the infringement of civil
rights occurred or in which the defendant lives.
     (e) In an action brought under this section, the court shall award costs and reasonable
attorney's fees to the prevailing party.
     40-9.1-5. Therapy pets in public places.
     (a) The privileges of access and transportation provided to service animals in § 40-9.1-2
shall be extended to family therapy pets, which are further defined as primary companions which
include, but are not limited to, dogs, cats, rabbits, and guinea pigs, that are working in the provision
of pet-assisted therapy treatment and education.
     (b) The provisions are such that the pet-assisted therapy facilitator is working in
conjunction with the therapy pet in a predetermined medical or educational setting, with a selected
clientele. The medical interactions are to be individually planned, goal-oriented, and treatment
based, and the educational settings are to be classroom based.
     (c) Throughout the interactions, the pet-assisted therapy facilitator and the therapy pet will
abide by a set code of ethics, and will follow professional guidelines to ensure that the actions and
deeds of the pet-assisted therapy facilitator reflect advocacy of profession, pets, and clients, and
other professions; while simultaneously ensuring that the interaction of the therapy pet and client
remains beneficial and strives to enhance the quality of life through this animal-human bond.
     (d) Prior to any interactions, the therapy pet must first meet the immunization criteria, a
current certificate of good health, which shall be issued by a licensed, practicing veterinarian; as
well as the temperament criteria, a certificate of good temperament, which shall be issued from a
certified or practicing dog trainer or animal behaviorist; and training criteria, in which the pet-
assisted therapy facilitator and the therapy pet learn to work as a team learning together to execute
safely safe and effective interaction, which are accepted in the field, specifically other pet-assisted
animal facilitators, veterinarians, dog trainers, animal behaviorists, and the state of Rhode Island.
     (e) Access and transportation privileges are only extended while the therapy pet is on the
way to or actively participating in a program.
     (f) The animal-assisted therapy facilitator, an individual who has successfully completed,
or is in the process of completing, an accepted pet-assisted therapy program, shall be responsible
for the control and safety of the pet, which is to include: cleaning up and elimination of wastes;
keeping the pet on a proper leash and collar; carrying a smaller animal in a travel crate; adhering
to all standard rules, regulations, and laws within both the facility and the state of Rhode Island;
and upholding an active insurance policy that will cover an unforeseen mishap and/or accidental
occurrence that may result in causing property damage and/or personal injury while actively
participating in a program.
     SECTION 34. Section 40-18-4 of the General Laws in Chapter 40-18 entitled “Long Term
Home Health Care – Alternative to Placement in a Skilled Nursing or Intermediate Care Facility”
is hereby amended to read as follows:
     40-18-4. Payment for long term home health care programs.
     (a) When a long-term home health care program as defined under this chapter is available,
the department of human services, before authorizing care in a nursing home or intermediate care
facility for a person eligible to receive services under this title, shall notify the person, in writing,
of the provisions of this chapter.
     (b)(1) If a hospitalized person eligible to receive services under the provisions of this title
who requires care, treatment, maintenance, nursing, or other services in a nursing home desires to
return to his or her own home or the home of a responsible relative or other responsible adult if the
necessary services are provided, that person or his or her representative shall so inform the
department of human services.
     (2) If a home health care program as defined under this chapter is provided, the department
of human services shall authorize an assessment and if the results of the assessment indicate that
the person can receive the appropriate level of care at home, the official shall prepare for that person
a plan for the provision of services comparable to those that would be rendered in a nursing home.
In developing the plan, the department shall consult with those persons performing the assessment.
The services shall be provided by certified home health agencies, home health aide/homemaker
agencies, and adult day care centers.
     (3)(i) At the time of the initial assessment, and at the time of each subsequent assessment,
the official shall establish a monthly budget in accordance with which he or she shall authorize
payment for the services provided under the plan. Total monthly expenditures made under this title
for that person shall not exceed a maximum of one hundred percent (100%), of the average of the
monthly rates payable for skilled nursing/intermediate care facility service as provided for in the
department of human services.
     (ii) Principles of reimbursement for skilled nursing/intermediate care facility services
provided eligible receipts of the medical assistance program. If an assessment of the person's needs
demonstrates that he or she requires services the payment for which would exceed the monthly
maximum, but it can be reasonably anticipated that total expenditures for required services for that
person will not exceed the maximum calculated over a one year period, the department of human
services may authorize payment for those services.
     (c) Notwithstanding any inconsistent provision of law but subject to expenditure
limitations of this chapter, the director, subject to the approval of the state director of the budget,
may authorize the utilization of medical assistance funds to pay for services provided by specified
home health care persons in addition to those services included in the medical assistance program
under chapter 18 8 of this title, so long as federal financial participation is available for those
services. Expenditures made under this subsection shall be deemed payments for medical assistance
for needy persons.
     (d) The department shall not make payments pursuant to Title XIX of the federal Social
Security Act, 42 U.S.C. § 1396 et seq., for benefits available under Title XVIII, 42 U.S.C. § 1395
et seq., of such act without documentation that Title XVIII claims have been filed and denied.
     (e) The department shall not make payment for a person receiving a long term home health
care program while payments are being made for that person for inpatient care in a skilled nursing
and intermediate care facility or hospital.
     SECTION 35. Section 40-20-2 of the General Laws in Chapter 40-20 entitled” Long-Term
care System Planning” is hereby amended to read as follows:
     40-20-2. Long-term care entry system.
     The directors of the department of human services, the department of elderly affairs, the
department of health, and the department of behavioral healthcare, developmental disabilities and
hospitals, shall work collaboratively to design and implement subject to appropriation by October
1, 2006 a standardized, community-based, comprehensive system for entry into state long-term
care programs and services. The system shall include community-based staff to administer pre-
screening long-term care assessments, and care management services as defined and required under
chapter 66.1 66.6 of title 42 and to make recommendations for services, including home and
community-based alternatives to residential care and to assist with access to services. The long-
term care entry system shall include the essential elements contained in § 40-20-1(b).
     SECTION 36. 40-21-1 of the General laws in Chapter 40-21 entitled “Medical Assistance
– Prescription Drugs” is hereby amended to read as follows:
     40-21-1. Prescription drug program.
     The department of human services is hereby authorized and directed to amend its practices,
procedures, regulations and the Rhode Island state plan for medical assistance (Medicaid) pursuant
to title XIX of the Federal Social Security Act [42 U.S.C. § 1396 et seq.] to modify the prescription
drug program:
     (1) To establish a preferred drug list (PDL);
     (2) To enter into supplemental rebate, discount or other agreements with pharmaceutical
companies; and
     (3) To negotiate either state-specific supplemental rebates or to participate in a multi-state
pooling supplemental rebate program.
     Determinations of drugs included on the PDL will be made by the State Department of
Human Services, and a listing of such drugs shall be maintained on a public website. In making
these determinations, the department shall consider the recommendations of the Medicaid
Pharmaceutical and Therapeutics Committee, whose membership shall include practicing
pharmacists and physicians, faculty members of the University of Rhode Island's College of
Pharmacy, and consumers or consumer representatives. Drugs exempt from the PDL shall include:
(1) anti-retrovirals Anti-retrovirals; and (2) organ Organ transplant medications.
Physicians will be informed about prior authorization procedures for medications not on the PDL,
and seventy-two (72) hour emergency supplies may be dispensed if authorizations cannot be
obtained.; and
      (4) To mandate the dispensing of generic-only drugs with the exception of limited brand
drug coverage for certain therapeutic classes as approved by the Department of Human Services to
individuals eligible for medical assistance (Medicaid) under §§ 40-8.4-4, 42-12.3-4 and 42-12.3-
15.
     SECTION 37. Section 40.1-1-10 of the General Laws in Chapter 40.1-1 entitled
“Department of Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby
amended to read as follows:
     40.1-1-10. Parent deinstitutionalization subsidy aid program.
     (a) There is hereby established with within the department of behavioral healthcare,
developmental disabilities and hospitals a deinstitutionalization subsidy aid program. The program
is founded for the express purpose of providing financial assistance or subsidy aid to the qualified
parent applicant, or if the parent is not able to care for the person then an appropriate relative as
defined in this chapter, who is found and certified to be qualified by the director of behavioral
healthcare, developmental disabilities and hospitals to receive and take into his or her care, custody,
and control a person under the legal authority and control of the director of behavioral healthcare,
developmental disabilities and hospitals who is and has been a resident or patient of the Dr. Joseph
H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the
general hospital, or a resident in an out-of-state institution, who would have been eligible for
placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital or the institute
of mental health or the general hospital for a period of time not less than ninety (90) days, or would
be a resident or patient of one of the facilities listed in this section for a period of ninety (90) days
or more if a specialized community program were not developed to meet the person's particular
and/or unique needs and meets the eligibility criteria contained in § 40.1-21-4.3.
     (b) The general assembly hereby finds that such a parent deinstitutionalization program
would promote the general welfare of the citizens of the state and further the purpose of providing
deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid
to the qualified parent applicant or an appropriate relative of the institutionalized person. It is further
found that the program is established for the purpose of providing subsidy aid to assist and make
available non-institutional care, support, and training when it is found to be in the best interests of
the health and welfare of the institutionalized person and where that placement may be made and
certified by the director of behavioral healthcare, developmental disabilities and hospitals to the
qualified parent applicant.
     (c) The director of behavioral healthcare, developmental disabilities and hospitals is hereby
vested with the authority to promulgate such rules and regulations as are deemed necessary and in
the public interest to establish and place into operation the parent deinstitutionalization program
and authorize the payment of subsidy aid to the qualified parent applicant or an appropriate relative
who receives into his or her care, custody, and control a person under the legal authority and control
of the director of behavioral healthcare, developmental disabilities and hospitals who is or has been
a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital,
at the institute of mental health or the general hospital or a resident or patient in an out-of-state
institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E.
Zambarano Memorial Hospital, or the institute of mental health, or the general hospital.
     (d) Rules and regulations promulgated pursuant to subsection (c) shall include, but not be
limited to, the following areas of concern:
     (1) The establishment of eligibility and other requirements for the qualification and
certification of the parent applicant applying for subsidy aid under this chapter;
     (2) The establishment of eligibility and other requirements for the qualification and
certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center or Dr. U.E.
Zambarano Memorial Hospital, or the institute of mental health or the general hospital, under this
program as set forth in this chapter or a resident or patient in an out-of-state institution under this
program as set forth in this chapter;
     (3) The establishment of such other eligibility, certification, and qualification standards
and guidelines for the person or the parent applicant or an appropriate relative to which the program
applies as may be deemed reasonable and in the public interest;
     (4) The establishment of such licensing, regulating, inspection, monitoring, investigation,
and evaluation standards and requirements for the placement, care, support, custody, and training
of the person as are deemed reasonable and in the public interest under this chapter;
     (5) The periodic inspection, review, and evaluation of the care, support, and treatment
afforded the person placed in the home of the qualified parent applicant or an appropriate relative
under this program and the making and implementation of such recommendations as are deemed
necessary for the continued health, safety, and welfare of the person in accordance with the
provisions of this chapter;
     (6) The establishment and implementation of such other standards, safeguards, and
protections as are deemed necessary and in the public interest to protect the health, safety, and
welfare of the person placed under the program or in determining and certifying initial and/or
continuing eligibility requirements as the director of the department of behavioral healthcare,
developmental disabilities and hospitals shall in his or her discretion deem to be necessary and
appropriate including specifically the authority to recall and return the child or adult to the custody
and control of the state and the director of behavioral healthcare, developmental disabilities and
hospitals into any such care or placement program as the director may in his or her discretion order
and direct, including therein summary removal from the custody of the qualified parent applicant
or an appropriate relative and return to the state institution or out-of-state institution.
     (e) For the purpose of this chapter the words "qualified parent applicant" shall mean any
natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive parents
jointly, or a court appointed guardian or both foster parents jointly, or as defined by rules or
regulations established by the department of behavioral healthcare, developmental disabilities and
hospitals who may apply for inclusion in the behavioral healthcare, developmental disabilities and
hospitals deinstitutionalization subsidy aid program as set forth in this chapter. For the situation
where the natural or adoptive parents are divorced or separated, or where one of the parents is
deceased, the words "parent" or "parent applicant" shall mean the parent legally having or giving
custody to the person who may apply for inclusion in behavioral healthcare, developmental
disabilities and hospitals deinstitutionalization subsidy aid program as set forth in this chapter.
     (f)(1) For the purpose of this chapter, the words "appropriate relative" shall mean an
interested and approved relative of the adult.
     (2) For the purpose of this chapter the words "subsidy aid" shall mean payment or
continued payment to a parent applicant pursuant to the rules and regulations established by the
director of behavioral healthcare, developmental disabilities and hospitals for deinstitutionalization
subsidy aid program as set forth in this chapter.
     (g) Alternatives to institutional care. The department of behavioral healthcare,
developmental disabilities and hospitals is hereby directed to develop options, fiscal impact
analysis, and recommendations for the expansion of shared living services to siblings of individuals
with developmental disabilities who are no longer able to be cared for at home by aging parents.
The department shall submit these recommendations to the governor, and to the general assembly
by December 31, 2013.
     SECTION 38. Section 40.1-5-2 of the General Laws in Chapter 40.1-5 entitled “Mental
Health Law” is hereby amended to read as follows:
     40.1-5-2. Definitions.
     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated
pursuant to this chapter, or in any printed forms prepared by the department or the director, unless
otherwise expressly stated, or unless the context or subject matter otherwise requires:
     (1) "Alternatives to admission or certification" means alternatives to a particular facility or
treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient
treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a
friend or relative, placement in a nursing home, referral to a community mental health clinic and
home health aide services, or any other services that may be deemed appropriate.
     (2) "Care and treatment" means psychiatric care, together with such medical, nursing,
psychological, social, rehabilitative, and maintenance services as may be required by a patient in
association with the psychiatric care provided pursuant to an individualized treatment plan recorded
in the patient's medical record.
     (3) "Department" means the state department of behavioral healthcare, developmental
disabilities and hospitals.
     (4) "Director" means the director of the state department of behavioral healthcare,
developmental disabilities and hospitals.
     (5) "Facility" means a state hospital or psychiatric inpatient facility in the department, a
psychiatric inpatient facility maintained by a political subdivision of the state for the care and/or
treatment of the mentally disabled; a general or specialized hospital maintaining staff and facilities
for such purpose; any of the several community mental health services established pursuant to
chapter 8.5 of this title; and any other facility within the state providing inpatient psychiatric care
and/or treatment and approved by the director upon application of this facility. Included within this
definition shall be all hospitals, institutions, facilities, and services under the control and direction
of the director and the department, as provided in this chapter. Nothing contained herein shall be
construed to amend or repeal any of the provisions of chapter 16 of title 23.
     (6) "Indigent person" means a person who has not sufficient property or income to support
himself or herself, and to support the members of his or her family dependent upon him or her for
support, and/or is unable to pay the fees and costs incurred pursuant to any legal proceedings
conducted under the provisions of this chapter.
     (7) "Likelihood of serious harm" means:
     (i) A substantial risk of physical harm to the person himself or herself as manifested by
behavior evidencing serious threats of, or attempts at, suicide;
     (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats
evidencing homicidal or other violent behavior; or
     (iii) A substantial risk of physical harm to the mentally disabled person as manifested by
behavior that has created a grave, clear, and present risk to his or her physical health and safety.
     (iv) In determining whether there exists a likelihood of serious harm, the physician and the
court may consider previous acts, diagnosis, words, or thoughts of the patient. If a patient has been
incarcerated, or institutionalized, or in a controlled environment of any kind, the court may give
great weight to such prior acts, diagnosis, words, or thoughts.
     (8) "Mental disability" means a mental disorder in which the capacity of a person to
exercise self-control or judgment in the conduct of his or her affairs and social relations, or to care
for his or her own personal needs, is significantly impaired.
     (9) "Mental health professional" means a psychiatrist, psychologist, or social worker and
such other persons, including psychiatric nurse clinicians, as may be defined by rules and
regulations promulgated by the director.
     (10) "NICS database" means the National Instant Criminal Background Check System as
created pursuant to section 103(h) (b) of the Brady Handgun Violence Prevention Act (Brady Act),
Pub. L. 103-159, 107 Stat. 1536 as established by 28 C.F.R. 25.1.
     (11) "Patient" means a person certified or admitted to a facility according to the provisions
of this chapter.
     (12) "Physician" means a person duly licensed to practice medicine or osteopathy in this
state.
     (13) "Psychiatric nurse clinician" means a licensed, professional registered nurse with a
master's degree in psychiatric nursing or related field who is currently working in the mental health
field as defined by the American Nurses Association.
     (14) "Psychiatrist" means a person duly licensed to practice medicine or osteopathy in this
state who has, in addition, completed three (3) years of graduate psychiatric training in a program
approved by the American Medical Association or American Osteopathic Association.
     (15) "Psychologist" means a person certified pursuant to chapter 44 of title 5.
     (16) "Social worker" means a person with a masters or further advanced degree from a
school of social work, that is accredited by the council of social work education.
     SECTION 39. Sections 40.1-22-3, 40.1-22-6 and 40.1-22-19 of the General Laws in
Chapter 40.1-22 entitled “Developmental Disabilities” are hereby amended to read as follows:
     40.1-22-3. Definitions.
     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated
pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly
stated, or unless the context or subject matter otherwise requires:
     (1) "A qualified mental retardation intellectual disability professional (QMRP)
(QIDP)" means a person as defined in 42 CFR 483.430, as amended.
     (2) "Client" means any developmentally disabled adult who is in potential need of, or is
receiving, services aimed at alleviating his or her condition of functional dependence.
     (3) "Department" means the department of behavioral healthcare, developmental
disabilities and hospitals.
     (4) "Development, education, rehabilitation, and care" means physical development,
application of these abilities to meaningful occupations, development of personal and social skills,
all of which are directed to the objective of independent living and self-maintenance. Care also
includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and
maintenance furnished to a resident.
     (5) "Director" means the director of the department of behavioral healthcare,
developmental disabilities and hospitals or his or her designees.
     (6) "Facility" means any public or private facility, inpatient rehabilitation center, hospital,
institution, or other domiciliary facility, the office of developmental disabilities or any part thereof,
equipped to habilitate, on a residential basis, persons who are developmentally disabled and in need
of residential care. This shall include any facility maintaining adequate staff and facilities within
the state providing in-residence supervision and habilitation and approved by the director upon
application of the facility. Included within this definition shall be all institutions and facilities under
the control and direction of the director. Nothing contained herein shall be construed to amend or
repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter 15 of title 40, or of
chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought to the attention
of the director that any private facility may not have adequate staff, or facilities as determined by
regulations of the director, then the facility shall not be approved for the placement of
developmentally disabled adults under the provisions of this chapter.
     (7) "Notice" means written notice in as simple and non-technical language as practicable
as required by the department, or the court of competent jurisdiction. The notice shall be in writing
to the director of the department by registered or certified mail, return receipt required. Notice sent
to a client shall also include verbal reading of the written notice by duly authorized agents of the
department, and/or court. The agents shall make verified return of the oral notification as well as
the written. This requirement of oral notice to anyone alleged to be developmentally disabled shall
be required because of the recognized limitation that many retarded and developmentally disabled
persons are unable to comprehend written notices.
     (8) "Objection." If an objection is raised it shall be in writing, of a timely nature, and filed
with the clerk of the family or district court, a copy of which is to be sent to the director of the
department via registered or certified mail, return receipt requested.
     (9) "Parent" means the natural, adoptive, foster parent or caretaker of the child.
     (10) "Team" means an interdisciplinary team which includes such professional personnel
designed designated by the director and which shall consist of no less than three (3) persons
selected by order of the director, no less than one of whom shall be a licensed physician, no less
than one of whom shall be a member of the social work profession, and no less than one of whom
shall be a mental retardation qualified intellectual disability professional (QMRP) (QIDP).
     40.1-22-6. Admission as a resident in a facility.
     (a) Any person alleged to be developmentally disabled, warranting observation and
possible residential care and treatment in a facility, public or private, as herein defined, who is not
held to answer presently to a criminal charge may be admitted to and received and retained as a
resident in a facility by complying with any one of the following admission procedures applicable
to the case:
     (1) Voluntary admission; or
     (2) Admission on a certificate of one physician and a team evaluation certificate.
     (b) The director shall prescribe and furnish forms for use in the procedures for admission
under this section, and admission shall be had only upon such forms.
     (c) A developmentally disabled person, as herein described in this chapter, shall be
admitted to a facility as herein defined, designated by the director, or pursuant to an administrative
order authorized by law, or pursuant to an authorization, or order of a court of competent
jurisdiction.
     (d) No member of a team, or any physician signing a certificate for emergency admission,
shall be related by blood or marriage to the person applying for the admission of a person alleged
to be developmentally disabled or to the person alleged to be developmentally disabled; nor shall
he or she be a guardian or conservator of the person; nor shall he or she have any interest,
contractually, testamentary, or otherwise (other than reasonable and proper charges for professional
services rendered), in or against the estate or assets of the person alleged to be developmentally
disabled; nor shall he or she be a manager, trustee, proprietor, officer, stockholder, or have any
pecuniary interest, directly, or indirectly, or except as otherwise provided, be a director or resident
physician, in any facility to which it is proposed to admit the person.
     (e) A certificate, as required by this section, must show that the person is developmentally
disabled as herein defined, and unable to function independently, and if required to be made by one
examining physician, that the physician made an examination of the person alleged to be
developmentally disabled within ten (10) days next before and inclusive of the date of admission
unless otherwise herein provided. The date of the certificate shall be the date of the commencement
of the examination, and in the event the examination or examinations are conducted separately or
over a period of days, then the ten (10) day period above referred to (unless otherwise expressly
provided) shall be measured from the date of the commencement of the first examination. The
certificate shall contain the reasons upon which the judgment of the physician is based and shall
show that the condition of the person examined is such as to require development, education,
rehabilitation, and care in a facility as herein defined, and shall contain such other information as
the director by rule or regulation shall require.
     (f)(1) A developmentally disabled person shall enjoy all the civil and constitutional rights
conferred on citizens or residents of the state (as the case may be) by the constitution and laws of
the United States and of this state, except as expressly otherwise provided by law.
     (2) No person of eighteen (18) years of age or older shall be admitted to, detained in, or
returned to a state residential facility against his or her will unless he or she has been adjudicated
incompetent, has been admitted on any ten (10) day one physician certificate basis, or as otherwise
expressly provided in this chapter.
     (3) As soon as reasonably practicable upon the admission as provided by this section of
any patient to any facility, the superintendent or official in charge thereof shall inform the client of
his or her rights to have a judicial hearing and review, to be represented by counsel and to seek
independent professional opinion; and further, pursuant to rules established by the director, each
client upon admission shall be given the opportunity to communicate by telephone, or if not
possible, by the next expeditious method, with any person.
     (g) As to all persons admitted to any facility pursuant to this section, the director may make
a request of the superintendent or official in charge of any facility to examine at any time a record
of admission which shall contain such information as the director by rule or regulation may require.
Similarly, the director may examine records of transfers, discharges, conditional releases, and
revocation of conditional releases, as well as other dispositions of cases of clients admitted
hereunder.
     (h) No requirement shall be made, by rule, regulation, or otherwise, as a condition to
admission and retention, that any person applying for admission shall have the legal capacity to
contract.
     40.1-22-19. Aliens and nonresidents.
     (a) The director shall be responsible for the investigation and examination of all alien and
nonresident persons who are developmentally disabled in any facility under the jurisdiction of the
department of health, department of human services or elsewhere if admitted pursuant to the
provisions of this chapter, and to attend to the deportation or removal of such persons to their
respective countries or places of residence.
     (b) The director may make reciprocal agreements with other states or political subdivisions
thereof to provide for prompt humane return under proper supervision of developmentally disabled
residents of other states or political subdivisions thereof.
     (c) In the case of nonresidents the director shall cause them to be removed to the state of
their residence, except that he or she may defer the action where the removal would cause the
developmentally disabled person undue hardship unless the interests of the state and other clients
would be materially harmed by the deferment.
     (d) The director shall designate such person or persons as deemed necessary to accompany
clients, unless it be certified by the director that clients are in a condition to travel alone in safety.
     (e) The director in his or her discretion may, upon the request of any developmentally
disabled person resident in a facility or upon the written consent of a relative, legal representative,
or qualified friend, remove the person to any country, other state, or place in which he or she may
properly belong.
     (f) For the purposes of this section the director, or his or her duly designated representative
acting in his or her behalf in the matter, shall have the power to administer oaths, hold hearings,
take testimony, issue subpoenas duces tecum, and subpoena, and compel the attendance of
witnesses who may have information in respect to the residence of the developmentally disabled
person under investigation. Subpoenas issued under this section shall be regulated by civil practice
law and rules.
     SECTION 40. Section 41-5-7.1 of the General Laws in Chapter 41-5 entitled “Boxing and
Wrestling” is hereby amended to read as follows:
     41-5-7.1. Required information on boxer's application for license -- Medical
examination.
     (a) After a license is granted under § 41-5-1 for a boxing or sparring match or exhibition,
no person shall perform as a boxer in the match or exhibition unless he or she shall have been
licensed by the division of gaming and athletics licensing at least twenty-four (24) hours prior to
the starting time for the first event in the match or exhibition. In addition to such other information
and references as the division may require, an application to be licensed as a boxer shall be sworn
to by the applicant under oath, upon the pains and penalties of perjury, and shall include:
     (1) A detailed summary of the contractual agreement between the applicant and the licensee
for the boxing or sparring match or exhibition for which the applicant seeks to be licensed as a
boxer, including, among other things, the pecuniary gain or other consideration to be paid to, or on
behalf of, the applicant by reason of his or her performance in the match or exhibition;
     (2) A detailed description of every illness, injury, or other incapacity suffered by the
licensee within six (6) months of the boxing or sparring match or exhibition for which the applicant
seeks to be licensed as a boxer, including the dates of each illness, injury, or other incapacity, the
name and address of all persons who treated or examined the applicant, the nature of the treatment
prescribed (including the generic name for any medications or medicines prescribed), and whether
the applicant has recovered;
     (3) The complete fight record of the applicant for the twelve (12) months prior to the boxing
or sparring match or exhibition for which the applicant seeks to be licensed as a boxer, including
the full, legal name of his or her opponent, any professional or stage name used by his or her
opponent at the time of the match or exhibition, and the date, place, and results of the match or
exhibition;
     (4) The date and circumstances of any disqualification, sanction, or denial of permission to
box imposed against the applicant by any state authority governing boxing within nine (9) months
of the boxing or sparring match for which the applicant seeks to be licensed as a boxer;
     (5) The full, legal name of the applicant, every professional or stage name used by him or
her, and his or her date of birth and social security number; and
     (6) A current passport-type photograph of the applicant.
     (b) Notwithstanding the issuance of a license to an applicant, the license shall not be valid
unless the holder thereof shall file with the division a sworn, supplementary application updating
his or her original application. The supplementary application shall be filed not more than forty-
eight (48) nor less than twenty-four (24) hours prior to the starting time for the first event in the
match or exhibition for which the holder has been licensed; provided, however, that no
supplementary application shall be required when an original application has been filed within such
time; provided further, however, that in no event shall an original or supplementary application be
filed with the division less than six (6) hours of the closing of business on the last ordinary business
day of the division next occurring before the day on which the match or exhibition is scheduled to
be conducted.
     (c) Every application for a license under § 41-5-7 41-5-3 by a person seeking to be licensed
as a boxer shall be accompanied by the report of a physician duly licensed by the division. The
report shall certify whether the applicant is fit to perform as a boxer and shall be based on a recently
conducted complete examination of the applicant. The report shall contain a complete medical
history of the applicant and the results of such tests conducted by or on behalf of the examining
physician as the medical history of the applicant warrants or as are material to the physician's
certification.
ARTICLE II—Statutory Construction
     SECTION 1. Section 5-37.3-4 of the General Laws in Chapter 5-37.3 entitled
“Confidentiality of Health Care Communications and Information Act” is hereby amended to read
as follows:
     5-37.3-4. Limitations on and permitted disclosures.
     (a)(1) Except as provided in subsection (b), or as specifically provided by the law, a
patient's confidential healthcare information shall not be released or transferred without the written
consent of the patient, or his or her authorized representative, on a consent form meeting the
requirements of subsection (d). A copy of any notice used pursuant to subsection (d) and of any
signed consent shall, upon request, be provided to the patient prior to his or her signing a consent
form. Any and all managed-care entities and managed-care contractors writing policies in the state
shall be prohibited from providing any information related to enrollees that is personal in nature
and could reasonably lead to identification of an individual and is not essential for the compilation
of statistical data related to enrollees, to any international, national, regional, or local medical-
information database. This provision shall not restrict or prohibit the transfer of information to the
department of health to carry out its statutory duties and responsibilities.
     (2) Any person who violates the provisions of this section may be liable for actual and
punitive damages.
     (3) The court may award a reasonable attorney's fee at its discretion to the prevailing party
in any civil action under this section.
     (4) Any person who knowingly and intentionally violates the provisions of this section
shall, upon conviction, be fined not more than five thousand ($5,000) dollars for each violation, or
imprisoned not more than six (6) months for each violation, or both.
     (5) Any contract or agreement that purports to waive the provisions of this section shall be
declared null and void as against public policy.
     (b) No consent for release or transfer of confidential healthcare information shall be
required in the following situations:
     (1) To a physician, dentist, or other medical personnel who believes, in good faith, that the
information is necessary for diagnosis or treatment of that individual in a medical or dental
emergency;
     (2) To medical and dental peer-review boards, or the board of medical licensure and
discipline, or board of examiners in dentistry;
     (3) To qualified personnel for the purpose of conducting scientific research, management
audits, financial audits, program evaluations, actuarial, insurance underwriting, or similar studies;
provided, that personnel shall not identify, directly or indirectly, any individual patient in any report
of that research, audit, or evaluation, or otherwise disclose patient identities in any manner;
     (4)(i) By a healthcare provider to appropriate law-enforcement personnel, or to a person if
the healthcare provider believes that person, or his or her family, is in danger from a patient; or to
appropriate law-enforcement personnel if the patient has, or is attempting to obtain, narcotic drugs
from the healthcare provider illegally; or to appropriate law-enforcement personnel, or appropriate
child-protective agencies, if the patient is a minor child or the parent or guardian of said child and/or
the healthcare provider believes, after providing healthcare services to the patient, that the child is,
or has been, physically, psychologically, or sexually abused and neglected as reportable pursuant
to § 40-11-3; or to appropriate law-enforcement personnel or the office of healthy aging if the
patient is an elder person and the healthcare provider believes, after providing healthcare services
to the patient, that the elder person is, or has been, abused, neglected, or exploited as reportable
pursuant to § 42-66-8; or to law-enforcement personnel in the case of a gunshot wound reportable
under § 11-47-48, or to patient emergency contacts and certified peer recovery specialists notified
in the case of an opioid overdose reportable under § 23-17.26-3;
     (ii) A healthcare provider may disclose protected health information in response to a law-
enforcement official's request for such information for the purpose of identifying or locating a
suspect, fugitive, material witness, or missing person, provided that the healthcare provider may
disclose only the following information:
     (A) Name and address;
     (B) Date and place of birth;
     (C) Social security number;
     (D) ABO blood type and RH factor;
     (E) Type of injury;
     (F) Date and time of treatment;
     (G) Date and time of death, if applicable; and
     (H) A description of distinguishing physical characteristics, including height, weight,
gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars, and
tattoos.
     (I) Except as permitted by this subsection, the healthcare provider may not disclose for the
purposes of identification or location under this subsection any protected health information related
to the patient's DNA or DNA analysis, dental records, or typing, samples, or analysis of body fluids
or tissue;
     (iii) A healthcare provider may disclose protected health information in response to a law-
enforcement official's request for such information about a patient who is, or is suspected to be, a
victim of a crime, other than disclosures that are subject to subsection (b)(4)(vii), if:
     (A) The patient agrees to the disclosure; or
     (B) The healthcare provider is unable to obtain the patient's agreement because of
incapacity or other emergency circumstances provided that:
     (1) The law-enforcement official represents that such the information is needed to
determine whether a violation of law by a person other than the victim has occurred, and such
information is not intended to be used against the victim;
     (2) The law-enforcement official represents that immediate law-enforcement activity that
depends upon the disclosure would be materially and adversely affected by waiting until the patient
is able to agree to the disclosure; and
     (3) The disclosure is in the best interests of the patient as determined by the healthcare
provider in the exercise of professional judgment;
     (iv) A healthcare provider may disclose protected health information about a patient who
has died to a law-enforcement official for the purpose of alerting law enforcement of the death of
the patient if the healthcare provider has a suspicion that such death may have resulted from
criminal conduct;
     (v) A healthcare provider may disclose to a law-enforcement official protected health
information that the healthcare provider believes in good faith constitutes evidence of criminal
conduct that occurred on the premises of the healthcare provider;
     (vi)(A) A healthcare provider providing emergency health care in response to a medical
emergency, other than such emergency on the premises of the covered healthcare provider, may
disclose protected health information to a law-enforcement official if such disclosure appears
necessary to alert law enforcement to:
     (1) The commission and nature of a crime;
     (2) The location of such crime or of the victim(s) of such crime; and
     (3) The identity, description, and location of the perpetrator of such crime.
     (B) If a healthcare provider believes that the medical emergency described in subsection
(b)(4)(vi)(A) is the result of abuse, neglect, or domestic violence of the individual in need of
emergency health care, subsection (b)(4)(vi)(A) does not apply and any disclosure to a law-
enforcement official for law-enforcement purposes is subject to subsection (b)(4)(vii);
     (vii)(A) Except for reports permitted by subsection (b)(4)(i), a healthcare provider may
disclose protected health information about a patient the healthcare provider reasonably believes to
be a victim of abuse, neglect, or domestic violence to law enforcement or a government authority,
including a social-service or protective-services agency, authorized by law to receive reports of
such abuse, neglect, or domestic violence:
     (1) To the extent the disclosure is required by law and the disclosure complies with, and is
limited to, the relevant requirements of such law;
     (2) If the patient agrees to the disclosure; or
     (3) To the extent the disclosure is expressly authorized by statute or regulation and:
     (i) The healthcare provider, in the exercise of professional judgment, believes the
disclosure is necessary to prevent serious harm to the patient or other potential victims; or
     (ii) If the patient is unable to agree because of incapacity, a law-enforcement or other public
official authorized to receive the report represents that the protected health information for which
disclosure is sought is not intended to be used against the patient and that an immediate enforcement
activity that depends upon the disclosure would be materially and adversely affected by waiting
until the patient is able to agree to the disclosure.
     (B) A healthcare provider that makes a disclosure permitted by subsection (b)(4)(vii)(A)
must promptly inform the patient that such a report has been, or will be, made, except if:
     (1) The healthcare facility, in the exercise of professional judgment, believes informing the
patient would place the individual at risk of serious harm; or
     (2) The healthcare provider would be informing a personal representative, and the
healthcare provider reasonably believes the personal representative is responsible for the abuse,
neglect, or other injury, and that informing such person would not be in the best interests of the
individual as determined by the covered entity in the exercise of professional judgment;
     (viii) The disclosures authorized by this subsection shall be limited to the minimum amount
of information necessary to accomplish the intended purpose of the release of information;
     (5) Between, or among, qualified personnel and healthcare providers within the healthcare
system for purposes of coordination of healthcare services given to the patient and for purposes of
education and training within the same healthcare facility;
     (6) To third-party health insurers, including to utilization review agents as provided by §
23-17.12-9(c)(4), third-party administrators licensed pursuant to chapter 20.7 of title 27, and other
entities that provide operational support to adjudicate health insurance claims or administer health
benefits;
     (7) To a malpractice insurance carrier or lawyer if the healthcare provider has reason to
anticipate a medical-liability action;
     (8)(i) To the healthcare provider's own lawyer or medical-liability insurance carrier if the
patient whose information is at issue brings a medical-liability action against a healthcare provider.
     (ii) Disclosure by a healthcare provider of a patient's healthcare information that is relevant
to a civil action brought by the patient against any person or persons other than that healthcare
provider may occur only under the discovery methods provided by the applicable rules of civil
procedure (federal or state). This disclosure shall not be through ex parte contacts and not through
informal ex parte contacts with the provider by persons other than the patient or his or her legal
representative.
     Nothing in this section shall limit the right of a patient, or his or her attorney, to consult
with that patient's own physician and to obtain that patient's own healthcare information;
     (9) To public-health authorities in order to carry out their functions as described in this title
and titles 21 and 23 and rules promulgated under those titles. These functions include, but are not
restricted to, investigations into the causes of disease, the control of public-health hazards,
enforcement of sanitary laws, investigation of reportable diseases, certification and licensure of
health professionals and facilities, review of health care such as that required by the federal
government and other governmental agencies;
     (10) To the state medical examiner in the event of a fatality that comes under his or her
jurisdiction;
     (11) In relation to information that is directly related to a current claim for workers'
compensation benefits or to any proceeding before the workers' compensation commission or
before any court proceeding relating to workers' compensation;
     (12) To the attorneys for a healthcare provider whenever that provider considers that
release of information to be necessary in order to receive adequate legal representation;
     (13) By a healthcare provider to appropriate school authorities of disease, health screening,
and/or immunization information required by the school; or when a school-age child transfers from
one school or school district to another school or school district;
     (14) To a law-enforcement authority to protect the legal interest of an insurance institution,
agent, or insurance-support organization in preventing and prosecuting the perpetration of fraud
upon them;
     (15) To a grand jury, or to a court of competent jurisdiction, pursuant to a subpoena or
subpoena duces tecum when that information is required for the investigation or prosecution of
criminal wrongdoing by a healthcare provider relating to his, her, or its provisions of healthcare
services and that information is unavailable from any other source; provided, that any information
so obtained, is not admissible in any criminal proceeding against the patient to whom that
information pertains;
     (16) To the state board of elections pursuant to a subpoena or subpoena duces tecum when
that information is required to determine the eligibility of a person to vote by mail ballot and/or the
legitimacy of a certification by a physician attesting to a voter's illness or disability;
     (17) To certify, pursuant to chapter 20 of title 17, the nature and permanency of a person's
illness or disability, the date when that person was last examined and that it would be an undue
hardship for the person to vote at the polls so that the person may obtain a mail ballot;
     (18) To the central cancer registry;
     (19) To the Medicaid fraud-control unit of the attorney general's office for the investigation
or prosecution of criminal or civil wrongdoing by a healthcare provider relating to his, her, or its
provision of healthcare services to then-Medicaid-eligible recipients or patients, residents, or
former patients or residents of long-term residential-care facilities; provided, that any information
obtained shall not be admissible in any criminal proceeding against the patient to whom that
information pertains;
     (20) To the state department of children, youth and families pertaining to the disclosure of
healthcare records of children in the custody of the department;
     (21) To the foster parent, or parents, pertaining to the disclosure of healthcare records of
children in the custody of the foster parent, or parents; provided, that the foster parent or parents
receive appropriate training and have ongoing availability of supervisory assistance in the use of
sensitive information that may be the source of distress to these children;
     (22) A hospital may release the fact of a patient's admission and a general description of a
patient's condition to persons representing themselves as relatives or friends of the patient or as a
representative of the news media. The access to confidential healthcare information to persons in
accredited educational programs under appropriate provider supervision shall not be deemed
subject to release or transfer of that information under subsection (a);
     (23) To the workers' compensation fraud-prevention unit for purposes of investigation
under §§ 42-16.1-12 -- 42-16.1-16. The release or transfer of confidential healthcare information
under any of the above exceptions is not the basis for any legal liability, civil or criminal, nor
considered a violation of this chapter; or
     (24) To a probate court of competent jurisdiction, petitioner, respondent, and/or their
attorneys, when the information is contained within a decision-making assessment tool that
conforms to the provisions of § 33-15-47.
     (c) Third parties receiving, and retaining, a patient's confidential healthcare information
must establish at least the following security procedures:
     (1) Limit authorized access to personally identifiable confidential healthcare information
to persons having a "need to know" that information; additional employees or agents may have
access to that information that does not contain information from which an individual can be
identified;
     (2) Identify an individual, or individuals, who have responsibility for maintaining security
procedures for confidential healthcare information;
     (3) Provide a written statement to each employee or agent as to the necessity of maintaining
the security and confidentiality of confidential healthcare information, and of the penalties provided
for in this chapter for the unauthorized release, use, or disclosure of this information. The receipt
of that statement shall be acknowledged by the employee or agent, who signs and returns the
statement to his or her employer or principal, who retains the signed original. The employee or
agent shall be furnished with a copy of the signed statement; and
     (4) Take no disciplinary or punitive action against any employee or agent solely for
bringing evidence of violation of this chapter to the attention of any person.
     (d) Consent forms for the release or transfer of confidential healthcare information shall
contain, or in the course of an application or claim for insurance be accompanied by a notice
containing, the following information in a clear and conspicuous manner:
     (1) A statement of the need for and proposed uses of that information;
     (2) A statement that all information is to be released or clearly indicating the extent of the
information to be released; and
     (3) A statement that the consent for release or transfer of information may be withdrawn at
any future time and is subject to revocation, except where an authorization is executed in connection
with an application for a life or health insurance policy in which case the authorization expires two
(2) years from the issue date of the insurance policy, and when signed in connection with a claim
for benefits under any insurance policy, the authorization shall be valid during the pendency of that
claim. Any revocation shall be transmitted in writing.
     (e) Except as specifically provided by law, an individual's confidential healthcare
information shall not be given, sold, transferred, or in any way relayed to any other person not
specified in the consent form or notice meeting the requirements of subsection (d) without first
obtaining the individual's additional written consent on a form stating the need for the proposed
new use of this information or the need for its transfer to another person.
     (f) Nothing contained in this chapter shall be construed to limit the permitted disclosure of
confidential healthcare information and communications described in subsection (b).
     SECTION 2. Section 5-65-10 of the General Laws in Chapter 5-65 entitled “Contractors’
Registration and Licensing Board” is hereby amended to read as follows:
     5-65-10. Grounds for discipline -- Injunctions. [Effective January 1, 2020.]
     (a) The board or office may revoke, suspend, or refuse to issue, reinstate, or reissue a
certificate of registration if the board or office determines, after notice and opportunity for a
hearing:
     (1) That the registrant or applicant has violated § 5-65-3.
     (2) That the insurance required by § 5-65-7 is not currently in effect.
     (3) That the registrant, licensee, or applicant has engaged in conduct as a contractor that is
dishonest or fraudulent that the board finds injurious to the welfare of the public.
     (4) Has violated a rule or order of the board.
     (5) That the registrant has knowingly assisted an unregistered person to act in violation of
this chapter.
     (6) That a lien was filed on a structure under chapter 28 of title 34 because the registrant or
applicant wrongfully failed to perform a contractual duty to pay money to the person claiming the
lien.
     (7) That the registrant has substantially violated state or local building codes.
     (8) That the registrant has made false or fraudulent statements on his or her application.
     (9) That a registrant has engaged in repeated acts in violation of this chapter and the board's
rules and regulations inclusive of substandard workmanship and any misuse of registration.
     (10) The board may take disciplinary action against a contractor who performed work, or
arranged to perform work, while the registration was suspended, invalidated, or revoked. Deposits
received by a contractor and ordered returned are not considered a monetary award when no
services or supplies have been received.
     (11) That the registrant breached a contract.
     (12) That the registrant performed negligent and/or improper work.
     (13) That the registrant has advertised with a license number instead of using a registration
number.
     (14) That the registrant has failed to complete a project(s) for construction or a willful
failure willfully failed to comply with the terms of a contract or written warranty.
     (15) That the registrant has misrepresented his or her registration status as valid when the
registration is was suspended, revoked, invalidated, inactive, or unregistered as required by the
board.
     (16) That the registrant has failed to pay a fine or comply with any order issued by the
board.
     (17) That the registrant has failed to obtain or maintain the required continuing
education/units required by the board, or failed to sign the statement required by the board for
registration or renewal.
     (18) When a violation for hiring a nonregistered contractor, working as a nonregistered
contractor, or not maintaining the insurance required is issued, the registration may become
invalidated until the violation is resolved or hearing is requested on this offense.
     (19) That the registrant has violated any of the provisions of chapter 3 of title 25; 3, 12, 14,
36, or 50 of title 28; or 13 of title 37. A finding that the registrant has violated any of those chapters
shall not be grounds for imposition of a monetary penalty under subsection (c) below.
     (b) In addition to all other remedies, when it appears to the board that a person has engaged
in, or is engaging in, any act, practice, or transaction that violates the provisions of this chapter, the
board may direct the attorney general to apply to the court for an injunction restraining the person
from violating the provisions of this chapter. An injunction shall not be issued for failure to
maintain the list provided for in § 5-65-3(h) unless the court determines that the failure is
intentional.
     (c)(1) For each first violation of a particular section of this chapter or any rule or regulation
promulgated by the board, a fine not to exceed five thousand dollars ($5,000) may be imposed after
a hearing by the board. Provided, further, that the board, at its discretion, may, after a hearing,
impose an additional fine up to but not to exceed the face value of the contract or the actual damages
caused by the contractor, whichever shall be greater. Where the claim is for actual damages, the
board shall require proof satisfactory to the board indicating the damages. Where corrective work
is completed as ordered by the board, the fine assessed may be reduced as determined by the board.
Fines and decisions on claims or violations, inclusive of monetary awards, can be imposed against
registered, as well as contractors required to be registered, by the board.
     (2) For each subsequent violation of a particular subsection of this chapter or of a rule or
regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be
imposed after a hearing by the board. All fines collected by the board shall be deposited as general
revenues until June 30, 2008, to be used to enforce the provisions of this chapter. Beginning July
1, 2008, all fines collected by the board shall be deposited into a restricted-receipt account to be
used to enforce the provisions of this chapter.
     (3) For the first violation of § 5-65-3, only for nonregistered contractors, a fine of up to
five thousand dollars ($5,000) for a first offense and up to ten thousand dollars ($10,000) for each
subsequent offense shall be imposed.
     (d) The hearing officer, upon rendering a conclusion, may require the registrant, in lieu of
a fine, to attend continuing education courses as appropriate. Failure to adhere to the requirement
may result in immediate revocation of registration.
     (e) The expiration of a registration by operation of law or by order or decision of the board
or a court, or the voluntary surrender of registration by the registrant, does not deprive the board of
jurisdiction of an action or disciplinary proceeding against the registrant, or to render a decision
suspending or revoking a registration.
     (f) In emergency situations, when a registrant is acting to the detriment of the health,
welfare, and safety of the general public, the director of the department of business regulation, or
the director's designee, may revoke or suspend a registration without a hearing for just cause for a
period of thirty (30) days.
     (g) A registrant may petition the board to partially or completely expunge his or her record
provided that notice of the expungement proceedings has been provided to the claimant who was
the subject of the violation. For purposes of this subsection, "notice" shall consist of a mailing to
the last-known address of the claimant and need not be actual notice.
     (h) Any person or contractor, registered or not, who or that uses another contractor's
registration, contractor's registration identification card, or allows another person to use their
contractor's registration fraudulently in any way, will be subject to a fine not exceeding ten
thousand dollars ($10,000).
     (i) When the use of fraudulent advertising entices an individual to hire an unregistered
contractor, a fine of up to ten thousand dollars ($10,000) may be imposed by the board.
     (j) It shall be unlawful to retain a social security number or copy of the driver's license from
a registrant by a building official as a condition of obtaining a permit.
     (k) The board is further authorized upon certain findings or violations to:
     (1) Put a lien on property held by a contractor.
     (2) Take action on registrant when the continuing-education requirements have failed to be
attained as required in rules and regulations.
     (3) When upon investigation a complaint reveals: serious code infractions; unsatisfied
mechanic's liens; abandonment of a job for a substantial period of time without apparent cause; or
any other conduct detrimental to the public, the board can double the fines.
     (4) Suspend, revoke, or refuse to issue, reinstate, or reissue a certificate of registration to
any registrant who has contracted, advertised, offered to contract, or submitted a bid when the
contractor's registration is suspended, revoked, invalidated, inactive, or unregistered as required by
the board.
     (l) No person shall register as a contractor with the contractors' registration board for the
purpose of deceiving or circumventing the registration process by enabling a person whose
registration has been suspended or revoked to conduct business. Provided, further, that any person
who, in good faith, relies on the board or the contractor's registration website for information
regarding registration status of another, shall be exempt from violations pursuant to this section if
the information is not correct. Violators of this section shall be jointly and individually liable for
damages resulting from their activities as contractors pursuant to this chapter. Violations of this
subsection may result in a revocation of registration and/or fines not to exceed ten thousand dollars
($10,000) and/or up to one year in jail. Furthermore, the director of the department of business
regulation, or the director's designee, shall require that all applicants for registration shall sign a
statement that they are aware of this provision and its implications.
     (m) Upon receipt of notice of a final determination, after the exhaustion of all appeals, by
the department of labor and training, consent agreement, or court order that a registered contractor
violated any of the provisions of chapter 3 of title 25; 3, 12, 14, 36, or 50 of title 28; or 13 of title
37 and owes any wages, benefits, or other sums arising out of the violation, the board shall
immediately suspend the contractor's registration of the contractor in accordance with this
subsection. The suspension shall continue until all wages, benefits, or other sums owed have been
paid or the contractor has entered into a written, binding agreement to pay the same acceptable to
the department of labor and training and is not in default in payment under the agreement. If the
contractor fails to remain current in payment under the agreement, the department of labor and
training shall notify the contractors' registration board and the suspension shall be imposed or
reinstated, as the case may be. The foregoing sanction is mandatory, but shall not be grounds for
imposition of a monetary penalty under subsection (c) above.
     (n) When the registration of a contractor has been revoked or suspended, neither the
contractor nor any successor entity or sole proprietorship that: (1) Has one or more of the same
principals or officers as the partnership, limited partnership, limited-liability partnership, joint
venture, limited-liability company, corporation, or sole proprietorship as the subject contractor; and
(2) Is engaged in the same or equivalent trade or activity shall be qualified to register or retain a
registration as a contractor under this chapter, unless and until the board shall determine that the
basis of the revocation or suspension has been satisfied or removed and that the registrant or
applicant otherwise satisfies the requirements for registration under this chapter. Notwithstanding
the foregoing, a natural person may obtain relief from the application and enforcement of this
subsection as to him or her if he or she can establish that he or she was not responsible for, and did
not acquiesce to, the misconduct that is the basis of the revocation, suspension, or denial of
registration.
     SECTION 3. Section 9-1-51 of the General Laws in Chapter 9-1 entitled “causes of Action”
is hereby amended to read as follows:
     9-1-51. Limitation on actions based on sexual abuse or exploitation of a child.
     (a)(1) All claims or causes of action brought against a perpetrator defendant by any person
for recovery of damages for injury suffered as a result of sexual abuse shall be commenced within
the later to expire of:
     (i) Thirty-five (35) years of the act alleged to have caused the injury or condition; or
     (ii) Seven (7) years from the time the victim discovered or reasonably should have
discovered that the injury or condition was caused by the act.
     Provided, however, that the time limit or commencement of such an action under this
section shall be tolled for a child until the child reaches eighteen (18) years of age. For the purposes
of this section, "sexual abuse" shall have the same meaning as in subsection (e) of this section.
     (2) All claims or causes of action brought against a non-perpetrator defendant by any
person alleging negligent supervision of a person that sexually abused a minor, or that the non-
perpetrator defendant's conduct caused or contributed to the childhood sexual abuse by another
person to include, but not be limited to, wrongful conduct, neglect or default in supervision, hiring,
employment, training, monitoring, or failure to report and/or the concealment of sexual abuse of a
child shall be commenced within the later to expire of:
     (i) Thirty-five (35) years of the act or acts alleged to have caused an injury or condition to
the minor; or
     (ii) Seven (7) years from the time the victim discovered or reasonably should have
discovered that the injury or condition was caused by the act.
     Provided, however, that the time limit or commencement of such an action under this
section shall be tolled for a child until the child reaches eighteen (18) years of age.
     For purposes of this section "sexual abuse" shall have the same meaning as in subsection
(e) of this section.
     (3) As to a perpetrator defendant, any claim or cause of action based on conduct of sexual
abuse may be commenced within the time period enumerated in subsections (a)(1)(i) and (a)(1)(ii)
regardless if the claim was time-barred under previous version of the general laws.
     (4) Except as provided in subsection (a)(3) herein, any claim or cause of action based on
conduct of sexual abuse or conduct that caused or contributed to sexual abuse, if the action is not
otherwise time-barred under previous version of the general laws on the effective date of this
section, may be commenced within the time period enumerated in subsections (a)(l) and (a)(2) of
this section.
     (b) The victim need not establish which act in a series of continuing sexual abuse or
exploitation incidents cause caused the injury complained of, but may compute the date of
discovery from the date of the last act by the same perpetrator which is part of a common scheme
or plan of sexual abuse or exploitation.
     (c) The knowledge of a custodial parent or guardian shall not be imputed to a person under
the age of eighteen (18) years.
     (d) For purposes of this section, "child" means a person under the age of eighteen (18)
years.
     (e) As used in this section, "sexual abuse" means any act committed by the defendant
against a complainant who was less than eighteen (18) years of age at the time of the act and which
act would have been a criminal violation of chapter 37 of title 11.
     SECTION 4. Section 12-5.1-1 of the General Laws in Chapter 12-5.1 entitled "Interception
of Wire and Oral Communications" is hereby amended to read as follows:
     12-5.1-1. Definitions.
     As used in this chapter:
     (1) "Aggrieved person" means an individual who was a party to any intercepted wire,
electronic, or oral communication or against whom the interception was directed.
     (2) "Communications common carrier" has the same meaning given the term "common
carrier" by 47 U.S.C. § 153(10)(11).
     (3) "Contents", when used with respect to any wire, electronic, or oral communication,
includes any information concerning the identity of the parties to that communication or the
existence, substance, purport, or meaning of that communication.
     (4) "Designated offense" means the offenses of:
     (i) Murder, robbery, kidnapping, extortion, assault with a dangerous weapon, and assault
with intent to rob or murder;
     (ii) Arson in the first degree, arson in the second degree, or arson in the third degree;
     (iii) Bribery or larceny involving the receipt of stolen property of a value of more than five
hundred dollars ($500);
     (iv) Any violation of chapter 28 of title 21 where the offense is punishable by imprisonment
for more than one year;
     (v) Any violation of chapters 19, 47, or 51 of title 11, where the offense is punishable by
imprisonment for more than one year;
     (vi) The lending of money at a rate of interest in violation of law;
     (vii) Being a fugitive from justice for any of the offenses provided in this subdivision; and
     (viii) Conspiracy to commit any of the offenses provided in this subdivision.
     (5) "Electronic communication" means any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic or photooptical system, but does not include:
     (i) Any wire or oral communication;
     (ii) Any communication made through a tone-only paging device; or
     (iii) Any communication from a tracking device.
     (6) "Electronic communication service" means any service which provides to users the
ability to send or receive wire or electronic communications.
     (7) "Electronic, mechanical, or other device" means any device or apparatus which can be
used to intercept wire, electronic, or oral communications other than:
     (i) Any telephone or telegraph instrument, equipment, or facility or any component of
telephone or telegraph instruments, equipment, or facilities, furnished to the subscriber or user by
a provider of wire or electronic communication service in the ordinary course of its business, and
being used by the subscriber or user in the ordinary course of business, or by an investigative or
law enforcement officer in the ordinary course of his or her duties; or
     (ii) A hearing aid or similar device which is being used to correct subnormal hearing to
normal.
     (8) "Intercept" means aural or other acquisition of the contents of any wire, electronic, or
oral communication through the use of any electronic, mechanical, or other device.
     (9) "Investigative or law enforcement officer" means any officer of the United States, this
state, or a political subdivision of this state, who is empowered by law to conduct investigations of,
or to make arrests for, the designated offenses, the attorney general, and his or her assistants.
     (10) "Oral communications" means any oral communication uttered by a person exhibiting
an expectation that the communication is not subject to interception under circumstances justifying
that expectation, but the term does not include any electronic communication.
     (11) "Person" means any individual, partnership, association, joint stock company, trust,
or corporation, whether or not any of the foregoing is an officer, agent, or employee of the United
States, a state, or a political subdivision of a state.
     (12) "User" means any person or entity who:
     (i) Uses an electronic communication service; and
     (ii) Is duly authorized by the provider of the service to engage in that use; photooptical or
photoelectronic facilities for the transmission of electronic communications, and any computer
facilities or related electronic equipment for the electronic storage of the communications.
     (13) "Wire communications" means any aural transfer made in whole or in part through
the use of facilities for the transmission of communications by the aid of wire, cable, or other like
connection between the point of origin and the point of reception, (including the use of the
connection in a switching station) furnished or operated by any person engaged in providing or
operating the facilities for the transmission of communications. The term includes any electronic
storage of the communication.
     SECTION 5. Section 15-15-1 of the General Laws in Chapter 15-15 entitled “Domestic
Abuse Prevention” is hereby amended to read as follows:
     15-15-1. Definitions.
     The following words as used in this chapter have the following meanings:
     (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a
period of time, evidencing a continuity of purpose. Constitutionally protected activity is not
included within the meaning of "course of conduct."
     (2) "Courts" means the family court.
     (3) "Cyberstalking" means transmitting any communication by computer to any person or
causing any person to be contacted for the sole purpose of harassing that person or his or her family.
     (4) "Domestic abuse" means:
     The occurrence of one or more of the following acts between present or former family
members, parents, stepparents, a plaintiff parent's minor child(ren) to which the defendant is not a
blood relative or relative by marriage, or persons who are or have been in a substantive dating or
engagement relationship within the past one year in which at least one of the persons is a minor:
     (i) Attempting to cause or causing physical harm;
     (ii) Placing another in fear of imminent serious physical harm;
     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force, or
duress; or
     (iv) Stalking or cyberstalking.
     (5) "Harassing" means following a knowing and willful course of conduct directed at a
specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no
legitimate purpose. The course of conduct must be such as would cause a reasonable person to
suffer substantial emotional distress, or be in fear of bodily injury.
     (6) "Parents" mean persons who together are the legal parents of one or more children,
regardless of their marital status or whether they have lived together at any time.
     (7) "Present or former family member" means the spouse, former spouse, minor children,
stepchildren, a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or
relative by marriage, minor children of substantive dating partners, or persons who are related by
blood or marriage.
     (8) "Sexual exploitation" means the occurrence of any of the following acts by any person
who knowingly or willfully encourages, aids, or coerces any child under the age of eighteen (18)
years:
     (i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting, providing,
persuading, obtaining, or maintaining, or so attempts attempting, any minor for the purposes of
commercial sex acts or sexually explicit performances; or selling or purchasing a minor for the
purposes of commercial sex acts.
     (A) "Commercial sex act" means any sex act or sexually explicit performance on account
of which anything of value is given, promised to, or received, directly or indirectly, by any person.
     (B) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the
sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private,
live, photographed, recorded, or videotaped.
     (9) "Stalking" means harassing another person or willfully, maliciously, and repeatedly
following another person with the intent to place that person in reasonable fear of bodily injury.
     (10) "Substantive dating" or "engagement relationship" means a significant and
personal/intimate relationship that shall be adjudged by the court's consideration of the following
factors:
     (i) The length of time of the relationship;
     (ii) The type of relationship; and
     (iii) The frequency of interaction between the parties.
     SECTION 6. Section 16-11.4-6 of the General Laws in chapter 16-11.4 entitled “Rhode
Island Certification Standards Board” is hereby amended to read as follows
     16-11.4-6. Right to read act.
     (a) This section shall be known and may be cited as the "Right to Read Act."
     (b) No later than 2025, the following shall have proficient knowledge and skills to teach
reading consistent with the best practices of scientific reading instruction and structured literacy
instruction:
     (1) A person who completes a state-approved educator preparation program; and
     (2) A person seeking teacher licensure by reciprocity or by adding an endorsement.
     In addition, no later than 2025, a person who completes a state-approved educator
preparation program, other than a teacher of elementary education program, shall demonstrate an
awareness of the best practices of scientific reading instruction and structured literacy instruction.
     (c) Beginning no later than the 2024-2025 school year, each state-approved educator
preparation program shall post on its website information describing its program to prepare teachers
to teach reading with scientific reading instruction and structured literacy instruction; aligned with,
but not limited to, the content measured by the stand-alone reading assessment adopted by the
Rhode Island board of education act.
     (d) Beginning with the 2020-2021 school year, a public school district and an open-
enrollment public charter school shall provide the following professional development in scientific
reading instruction and structured literacy instruction:
     (1) For teachers licensed at the elementary level, professional development for one of the
prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific
reading instruction and structured literacy instruction; and
     (2) For teachers licensed at a level other than the elementary level, professional
development for one of the prescribed pathways to obtaining an awareness credential in knowledge
and practices in scientific reading instruction and structured literacy instruction.
     (e) Beginning with the 2022-2023 school year, a public school that does not provide the
professional development pursuant to the provisions of subsection (d) shall:
     (1) Be placed on probationary status; and
     (2) Provide notice to parents that the public school district has not met the requirements of
this section.
     (f) By the beginning of the 2023-2024 school year:
     (1) All teachers employed in a teaching position that requires an elementary education (K-
6) license or (K-12) license shall demonstrate proficiency in knowledge and practices of scientific
reading and structured literacy instruction; and
     (2) All other teachers shall demonstrate awareness in knowledge and practices of scientific
reading instruction and structured literacy instruction.
     (g) All teachers who begin employment in the 2023-2024 school year and each school year
thereafter shall demonstrate proficiency or awareness in knowledge and practices in scientific
reading instruction and structured literacy instruction as is applicable to their teaching position by
completing the prescribed proficiency or awareness in knowledge and practices of the scientific
reading instruction credential and a structured literacy instruction credential either:
     (1) As a condition of licensure; or
     (2) Within one year if the teacher is:
     (i) Already licensed; or
     (ii) Employed under a waiver from licensure.
     (h) A provider of a state-approved educator preparation program shall include in its annual
report to the department of elementary and secondary education (the "department") a description
of program to prepare educators to teach reading using scientific reading instruction and structured
literacy instruction.
     (i) A public school district that employs an educator in violation of this section or that does
not provide the professional development as required under this section shall be in violation of the
standards for accreditation of the Rhode Island board of education act, and the school district may
be placed on probationary status by the department. A public school district placed on probationary
status pursuant to the provisions of this subsection shall send written notification to the parents of
the students in the public school district of the reason for being placed on probationary status.
     (j) A provider of a state-approved educator preparation program that does not comply with
the requirements of this section may be subject to penalties up to and including having the
provider's approval status revoked.
     (k) The department is vested with the authority to, and shall enforce, this section.
     (l) The department shall promulgate rules to implement the provisions of this section.
     (m) As used in this section:
     (1) The term "scientific reading instruction" means instruction that is instructional
centered, empirically based, and further based on the study of the relationship between cognitive
science and educational outcomes; and
     (2) The term "structured literacy instruction" means an approach by which licensed
personnel teach reading, which includes syllables, morphology, sound-symbol correspondence,
semantics, and syntax, in an explicit, systematic, and diagnostic manner.
     SECTION 7 Section 16-16-22 of the General Laws in Chapter 16-16 entitled "Teachers'
Retirement [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby
amended to read as follows:
     16-16-22. Contributions to state system. [Effective until July 1, 2020.]
     (a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half
percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances.
Effective July 1, 2012, each teacher shall contribute an amount equal to three and three quarters
percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher with twenty (20)
or more years of total service as of June 30, 2012, shall contribute an amount equal to eleven percent
(11%) of his or her compensation. The employer contribution on behalf of teacher members of the
system shall be in an amount that will pay a rate percent of the compensation paid to the members,
according to the method of financing prescribed in the State Retirement Act in chapters 8 -- 10 and
10.3 of title 36. This amount shall be paid forty percent (40%) by the state, and sixty percent (60%)
by the city, town, local educational agency, or any formalized commissioner- approved cooperative
service arrangement by whom the teacher members are employed, with the exception of teachers
who work in federally funded projects and further with the exception of any supplemental
contributions by a local municipality employer under chapter 36-10.3 which supplemental
employer contributions shall be made wholly by the local municipality. Provided, however, that
the rate percent paid shall be rounded to the nearest hundredth of one percent (.01%).
     (b) The employer contribution on behalf of teacher members of the system who work in
fully or partially federally funded programs shall be prorated in accordance with the share of the
contribution paid from the funds of the federal, city, town, or local educational agency, or any
formalized commissioner-approved cooperative service arrangement by whom the teacher
members are approved employed.
     (c) In case of the failure of any city, town, or local educational agency, or any formalized
commissioner-approved cooperative service arrangement to pay to the state retirement system the
amounts due from it under this section within the time prescribed, the general treasurer is authorized
to deduct the amount from any money due the city, town, or local educational agency from the
state.
     (d) The employer's contribution shared by the state shall be paid in the amounts prescribed
in this section for the city, town, or local educational agency and under the same payment schedule.
Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or
any formalized commissioner-approved cooperative service arrangement shall remit to the general
treasurer of the state the local employer's share of the teacher's retirement payments on a monthly
basis, payable by the fifteenth (15th) of the following month. The amounts that would have been
contributed shall be deposited by the state in a special fund and not used for any purpose. The
general treasurer, upon receipt of the local employer's share, shall effect transfer of a matching
amount of money from the state funds appropriated for this purpose by the general assembly into
the retirement fund.
     Upon reconciliation of the final amount owed to the retirement fund for the employer share,
the state shall ensure that any local education aid reduction assumed for the FY 2010 revised budget
in excess of the actual savings is restored to the respective local entities.
     (e) This section is not subject to §§ 45-13-7 through 45-13-10.
     16-16-22. Contributions to state system. [Effective July 1, 2020.]
     (a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half
percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances.
Effective July 1, 2012, each teacher shall contribute an amount equal to three and three quarters
percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher with twenty (20)
or more years of total service as of June 30, 2012, shall contribute an amount equal to eleven percent
(11%) of his or her compensation. The employer contribution on behalf of teacher members of the
system shall be in an amount that will pay a rate percent of the compensation paid to the members,
according to the method of financing prescribed in the state retirement act in chapters 8 -- 10 and
10.3 of title 36. This amount shall be paid forty percent (40%) by the state and sixty percent (60%)
by the city, town, local educational agency, or any formalized commissioner-approved cooperative
service arrangement by whom the teacher members are employed, with the exception of teachers
who work in federally funded projects and further with the exception of any supplemental
contributions by a local municipality employer under chapter 10.3 of title 36 which supplemental
employer contributions shall be made wholly by the local municipality. Provided, however, that
the rate percent paid shall be rounded to the nearest hundredth of one percent (.01%).
     (b) The employer contribution on behalf of teacher members of the system who work in
fully or partially federally funded programs shall be prorated in accordance with the share of the
contribution paid from the funds of the federal, city, town, or local educational agency, or any
formalized commissioner-approved cooperative service arrangement by whom the teacher
members are approved employed.
     (c) In case of the failure of any city, town, or local educational agency, or any formalized
commissioner-approved cooperative service arrangement, to pay to the state retirement system the
amounts due from it under this section within the time prescribed, the general treasurer is authorized
to deduct the amount from any money due the city, town, or local educational agency from the
state.
     (d) The employer's contribution shared by the state shall be paid in the amounts prescribed
in this section for the city, town, or local educational agency and under the same payment schedule.
Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or
any formalized commissioner-approved cooperative service arrangement shall remit to the general
treasurer of the state the local employer's share of the teacher's retirement on the date contributions
are withheld but no later than three (3) business days following the pay period ending in which
contributions were withheld. The amounts that would have been contributed shall be deposited by
the state in a special fund and not used for any purpose. The general treasurer, upon receipt of the
local employer's share, shall effect transfer of a matching amount of money from the state funds
appropriated for this purpose by the general assembly into the retirement fund.
     Upon reconciliation of the final amount owed to the retirement fund for the employer share,
the state shall ensure that any local education aid reduction assumed for the FY 2010 revised budget
in excess of the actual savings is restored to the respective local entities.
     (e) This section is not subject to §§ 45-13-7 through 45-13-10.
     SECTION 8. Section 16-32-2.2 of the General Laws in Chapter 16-32 entitled ‘University
of Rhode Island is hereby amended to read as follows:
     16-32-2.2. Appointment and removal of the board of trustees. [Effective February 1,
2020.]
     (a) There is hereby established a board of trustees for the university of Rhode Island
consisting of seventeen (17) members. The governor shall appoint the members, with the advice
and consent of the senate, to serve on the board of trustees, until the expiration of their term and
their successor is appointed. In making these appointments the governor shall give due
consideration to recommendations from the president of the university of Rhode Island and at least
three (3) of those members appointed by the governor shall be residents of the State state of Rhode
Island, at least one of those members shall be selected from a list of names of at least five (5)
individuals submitted by the speaker of the house of representatives, and at least one of those
members shall be selected from a list of names of at least five (5) individuals submitted by the
president of the senate. In addition, the president of the university of Rhode Island shall appoint
one faculty member and one student member who shall be a full-time student in good standing at
the university and who shall both serve in a non-voting, ex officio capacity for a single two (2) year
term. The chair of the board of education and the chair of the council on postsecondary education
shall serve in a non-voting, ex-officio capacity on the board of trustees. Six (6) of the members
initially appointed pursuant to this section shall serve terms of three (3) years; seven (7) members
initially appointed pursuant to this section shall serve terms of two (2) years, including the member
appointed from the list submitted by the speaker of the house of representatives and the member
appointed from the list submitted by the president of the senate; and, four (4) members initially
appointed pursuant to this section shall serve terms of one year. Thirteen (13) voting members of
the board shall constitute a quorum and the vote of a majority of those present and voting shall be
required for action.
     (b) After the initial terms of appointment have expired, the governor shall appoint nine (9)
members with the advice and consent of the senate to serve as members of the board of trustees
with two (2) three (3) members appointed for a term of three (3) years; with two (2) three (3)
members appointed for a term of two (2) years, including the member appointed from the list
submitted by the speaker of the house of representatives and the member appointed from the list
submitted by the president of the senate; and with two (2) three (3) members appointed for a term
of one year and shall be eligible to be reappointed to a term of two (2) years. In making these
appointments the governor shall give due consideration to recommendations from the president of
the university of Rhode Island and at least three (3) of those members appointed by the governor
shall be residents of the state of Rhode Island, at least one of those members shall be selected from
a list of names of at least five (5) individuals submitted by the speaker of the house of
representatives, and at least one of those members shall be selected from a list of names of at least
five (5) individuals submitted by the president of the senate. The remaining eight (8) voting
members shall be self-perpetuating members appointed by the board pursuant to rules adopted by
the board regarding the nomination and appointment of members and shall serve terms as defined
by the board pursuant to the adopted rules and be eligible for reappointment. In making these
appointments the board shall give due consideration to recommendations from the president of the
university of Rhode Island.
     (c) A majority of the board shall elect the chair of the board from among the seventeen (17)
voting board members pursuant to rules and regulations adopted by the board establishing the
procedure for electing a chair.
     (d) Public members of the board shall be removable by the appointing authority of the
member for cause only, and removal solely for partisan or personal reasons unrelated to capacity
or fitness for the office shall be unlawful. No removal shall be made for any cause except after ten
(10) days' notice in writing of specific charges, with opportunity for the member to be present in
person and with counsel at a public hearing before the appointing authority, to introduce witnesses
and documentary evidence in his or her own defense, and to confront and cross-examine adversary
witnesses; and appeal shall lie to the superior court from the governor's determination.
     SECTION 9. Section 17-19-24.2 of the General Laws in Chapter 17-19 entitled “Conduct
of Election and Voting Equipment, and Supplies” is hereby amended to read as follows:
     17-19-24.2. Voter identification.
     (a) Beginning on January 1, 2012, any person claiming to be a registered and eligible voter
who desires to vote at a primary election, special election, or general election shall provide proof
of identity. For purposes of this section, proof of identity shall be valid if unexpired or expired no
more than six (6) months prior to voting, and shall include:
     (1) A valid and current document showing a photograph of the person to whom the
document was issued, including without limitation:
     (i) Rhode Island driver's license;
     (ii) Rhode Island voter identification card;
     (iii) United States passport;
     (iv) Identification card issued by a United States educational institution;
     (v) United States military identification card;
     (vi) Identification card issued by the United States or the State of Rhode Island;
     (vii) Government issued medical card.
     (2) A valid and current document without a photograph of the person to whom the
document was issued, including without limitation:
     (i) Birth certificate;
     (ii) Social security card;
     (iii) Government issued medical card.
     (b) From and after January 1, 2014, any person claiming to be a registered and eligible
voter who desires to vote at a primary election, special election, or general election shall provide
proof of identity listed in subsection (a)(1).
     (c) No later than January 1, 2012, Rhode Island voter identification cards will be issued
upon request, and at no expense to the voters, at locations and in accordance with procedures
established by rules and regulations promulgated by the secretary of state. The purpose of this
section is to provide voter identification cards to those voters who do not possess the identification
listed in subsection (a)(1).
     (d) If the person claiming to be a registered and eligible voter is unable to provide proof of
identity as required in subsections (a)(1) and (a)(2) above, the person claiming to be a registered
voter shall be allowed to vote a provisional ballot pursuant to § 17-19-24.2 17-19-24.3 upon
completing a provisional ballot voter's certificate and affirmation. The local board shall determine
the validity of the provisional ballot pursuant to § 17-19-24.3.
     SECTION 10. Section 19-14-26 of the General Laws in Chapter 19-14 entitled “Licensed
Activities” is hereby amended to read as follows:
     19-14-26. Penalty for violations. [Effective January 1, 2020.]
     (a) If a person other than a licensee engages in activity for which licensure is required by
this title with or on behalf of a resident in violation of this chapter, the department may assess a
civil penalty against the person in an amount not to exceed five thousand dollars ($5,000) for each
day of violation and/or may order that the person cease and desist from all activities requiring
licensure.
     (b) If a licensee materially violates or participates in the violation of any of the applicable
provisions of this title, or any regulation promulgated under this title, the department may assess a
civil penalty of not more than one thousand dollars ($1,000) for each violation or in the case of
identifiable measured transactions per transaction, or by imprisonment not exceeding one year, or
both. Each violation constitutes a separate offense. Complaints under the provisions of this chapter
may be made by the director, or the director's designee, and shall not be required to give surety for
costs. The attorney general shall prosecute all criminal activities under this chapter.
     (c) A civil penalty under this section continues to accrue until the earlier of the following:
     (1) The date the violation ceases; or
     (2) A date specified by the department.
     (d) In addition to the remedies set forth in subsections (a) and (b) of this section, upon proof
of a material violation by a licensee, the department may take any of the following actions:
     (1) Suspend or revoke a license or registration under this chapter;
     (2) Order a person to cease and desist from doing activity for which a license or registrant
registration is required with or on behalf of a resident;
     (3) Request the court to appoint a receiver for the assets of a licensee or registrant;
     (4) Request the court to issue temporary, preliminary, or permanent injunctive relief against
a licensee or registrant;
     (5) Recover on the bond or security posted by the licensee or registrant; or
     (6) Impose necessary or appropriate conditions on the conduct of business activity with or
on behalf of a resident.
     (e) All actions of the department under this section shall be taken in accordance with the
requirements of chapter 35 of title 42 (the administrative procedures act).
     SECTION 11. Section 19-14.3-1.2 of the General Laws in Chapter 19-14 entitled “Sale of
checks and Electronic Money Transfers” is hereby amended to read as follows:
     19-14.3-1.2. License by reciprocity. [Effective January 1, 2020.]
     A person licensed by another state to engage in currency transmission business activity in
that state may engage in currency transmission business activity with or on behalf of a resident to
the same extent as a licensee if:
     (1) The department determines that the state in which the person is licensed has in force
laws regulating currency transmission business activity that are substantially similar to, or more
protective of rights of users than, this chapter and enters into a reciprocity agreement with the other
state that the state will allow reciprocal licensing of persons licensed under this chapter.
     (2) An application under this section is filed with the registry and the applicant shall notify
the department in a record that the applicant has submitted the application to the registry and shall
submit to the department:
     (i) A certification of license history from the agency responsible for issuing a license in
each state in which the applicant has been licensed to conduct currency transmission business
activity;
     (ii) A nonrefundable reciprocal licensing application fee in the amount required by § 19-
14-6 19-14-4;
     (iii) All other information requested by the department in the application for licensure on
the registry.
     SECTION 12. Section 19-33-8 of the General Laws in Chapter 19-33 entitled “Student
Loan Bill of Rights Act” is hereby amended to read as follows:
     19-33-8. Responsibilities of student loan servicers.
     (a) A student loan servicer shall provide annually, and at the request of a student loan
borrower, the terms of their loan, progress toward repayment, and eligibility for any loan relief
programs including, but not limited to, income-driven repayment plans, public service loan
forgiveness, forbearance, and deferment.
     (b) A student loan servicer shall establish policies and procedures, and implement them
consistently, in order to facilitate evaluation of private student loan alternative repayment
arrangement requests, including providing accurate information regarding any private student loan
alternative repayment arrangements that may be available to the borrower through the promissory
note, or that may have been marketed to the borrower through marketing materials.
     (c) A private student loan alternative repayment arrangement shall consider the
affordability of repayment plans for a distressed borrower, as well as the investor, guarantor, and
insurer guidelines, and previous outcome and performance information.
     (d) If a student loan servicer offers private student loan repayment arrangements, a student
loan servicer shall consistently present and offer those arrangements to borrowers with similar
financial circumstances.
     (e) If a borrower inquires of a servicer of private student loans about consolidating or
refinancing a federal student loan into a private student loan, the servicer of private student loans
must disclose in advance of the refinancing or consolidation, any benefits or protections exclusive
to federal student loans that may be lost as a result of the consolidation or refinancing.
     (f)(1) A student loan servicer shall respond to a written inquiry from a student loan
borrower, or the representative of a student loan borrower, within ten (10) business days after
receipt of the request, and provide information relating to the request and, if applicable, the action
the student loan servicer will take to correct the account or an explanation for the student loan
servicer's position that the borrower's account is correct.
     (2) The ten-day (10) period described in subsection (e) (f)(1) may be extended for not more
than fifteen (15) days, if before the end of the ten-day (10) period the student loan servicer notifies
the borrower or the borrower's representative of the extension and the reasons for the delay in
responding.
     (3) After receipt of a written request related to a credit reporting dispute on a borrower's
payment on a student education loan, a student loan servicer shall not furnish adverse information
to a consumer reporting agency regarding a payment that is the subject of the written inquiry.
     (g) Except as provided by federal law or required by a student loan agreement, a student
loan servicer shall inquire of a borrower how to apply an overpayment to a student education loan.
A borrower's direction on how to apply an overpayment to a student education loan shall stay in
effect for any future overpayments during the term of a student education loan until the borrower
provides different directions. For purposes of this section, "overpayment" means a payment on a
student education loan in excess of the monthly amount due from a borrower on a student education
loan, also commonly referred to as a prepayment.
     (h) Where a borrower has multiple loans at the same level of delinquency, a student loan
servicer shall apply partial payments in a manner that minimizes late fees and negative credit
reporting by applying such payments to satisfy as many individual loan payments as possible on a
borrower's account. For purposes of this section, "partial payment" means a payment on a student
loan account that contains multiple individual loans in an amount less than the amount necessary
to satisfy the outstanding payment due on all loans in the student loan account, also commonly
referred to as an underpayment.
     (i) In the event of the sale, assignment, or other transfer of the servicing of a student
education loan that results in a change in the identity of the person to whom a student loan borrower
is required to send payments or direct any communication concerning the student education loan,
the following provisions apply:
     (1) As a condition of a sale, an assignment, or any other transfer of the servicing of a student
education loan, a student loan lender shall require the new student loan servicer to honor all benefits
originally represented as available to a student loan borrower during the repayment of the student
education loan and preserve the availability of the benefits, including any benefits for which the
student loan borrower has not yet qualified.
     (2) A student loan servicer shall transfer to the new student loan servicer all records
regarding the student loan borrower, the account of the student loan borrower, and the student
education loan of the student loan borrower.
     (3) The records required under subsection (h)(2) shall include the repayment status of the
student loan borrower and any benefits associated with the student education loan of the student
loan borrower.
     (4) The student loan servicer shall complete the transfer of records required under
subsection (h)(2) within forty-five (45) days after the sale, assignment, or other transfer of the
servicing of a student education loan.
     (5) The parties shall notify all student loan borrowers impacted by the sale, assignment, or
other transfer of the servicing of a student education loan at least seven (7) days before the next
payment on the loan is due. Notice must include: The identity of the new loan holder and/or
servicer; the effective date of the transfer; the date on which the old servicer will no longer accept
payments; the date on which the new servicer will begin to accept payments; and contact and billing
information for loan payments.
     (j) A student loan servicer that services a student education loan shall adopt policies and
procedures to verify that the student loan servicer has received all records regarding the student
loan borrower; the account of the student loan borrower; and the student education loan of the
student loan borrower, including the repayment status of the student loan borrower and any benefits
associated with the student education loan of the student loan borrower.
     (k) When a prior student loan servicer receives a payment intended for the new student
loan servicer, the prior student loan servicer must promptly transfer the payment to the new
servicer, along with the date the prior servicer received the payment.
     (l) When a new servicer receives a payment from a prior servicer under subsection (j), the
payment must be applied as of the date received by the prior servicer. A student loan servicer must
implement processes and controls to ensure a student loan borrower does not incur additional
interest, fees, or delinquency due to complications related to the sale, assignment, or other transfer
of the servicing of a student education loan.
     SECTION 13. Section 23-17.26-3 of the General Laws in Chapter 23-17.26 entitled
“Comprehensive Discharge Planning” is hereby amended to read as follows:
     23-17.26-3. Comprehensive discharge planning.
     (a) On or before January 1, 2017, each hospital and freestanding, emergency-care facility
operating in the state of Rhode Island shall submit to the director a comprehensive discharge plan
that includes:
     (1) Evidence of participation in a high-quality, comprehensive discharge-planning and
transitions-improvement project operated by a nonprofit organization in this state; or
     (2) A plan for the provision of comprehensive discharge planning and information to be
shared with patients transitioning from the hospital's or freestanding, emergency-care facility's care.
Such plan shall contain the adoption of evidence-based practices including, but not limited to:
     (i) Providing education in the hospital or freestanding, emergency-care facility prior to
discharge;
     (ii) Ensuring patient involvement such that, at discharge, patients and caregivers
understand the patient's conditions and medications and have a point of contact for follow-up
questions;
     (iii) Encouraging notification of the person(s) listed as the patient's emergency contacts
and certified peer recovery specialist to the extent permitted by lawful patient consent or applicable
law, including, but not limited to, the Federal Health Insurance Portability and Accountability Act
of 1996, as amended, and 42 C.F.R. Part 2, as amended. The policy shall also require all such
attempts at notification to be noted in the patient's medical record;
     (iv) Attempting to identify patients' primary care providers and assisting with scheduling
post-discharge follow-up appointments prior to patient discharge;
     (v) Expanding the transmission of the department of health's continuity-of-care form, or
successor program, to include primary care providers' receipt of information at patient discharge
when the primary care provider is identified by the patient; and
     (vi) Coordinating and improving communication with outpatient providers.
     (3) The discharge plan and transition process shall include recovery planning tools for
patients with substance-use disorders, opioid overdoses, and chronic addiction, which plan and
transition process shall include the elements contained in subsections subsection (a)(1) or (a)(2),
as applicable. In addition, such discharge plan and transition process shall also include:
     (i) That, with patient consent, each patient presenting to a hospital or freestanding,
emergency-care facility with indication of a substance-use disorder, opioid overdose, or chronic
addiction shall receive a substance-use evaluation, in accordance with the standards in subsection
(a)(4)(ii), before discharge. Prior to the dissemination of the standards in subsection (a)(4)(ii), with
patient consent, each patient presenting to a hospital or freestanding, emergency-care facility with
indication of a substance-use disorder, opioid overdose, or chronic addiction shall receive a
substance-use evaluation, in accordance with best practices standards, before discharge;
     (ii) That if, after the completion of a substance-use evaluation, in accordance with the
standards in subsection (a)(4)(ii), the clinically appropriate inpatient and outpatient services for the
treatment of substance-use disorders, opioid overdose, or chronic addiction contained in subsection
(a)(3)(iv) are not immediately available, the hospital or freestanding, emergency-care facility shall
provide medically necessary and appropriate services with patient consent, until the appropriate
transfer of care is completed;
     (iii) That, with patient consent, pursuant to 21 C.F.R. § 1306.07, a physician in a hospital
or freestanding, emergency-care facility, who is not specifically registered to conduct a narcotic
treatment program, may administer narcotic drugs, including buprenorphine, to a person for the
purpose of relieving acute, opioid-withdrawal symptoms, when necessary, while arrangements are
being made for referral for treatment. Not more than one day's medication may be administered to
the person or for the person's use at one time. Such emergency treatment may be carried out for not
more than three (3) days and may not be renewed or extended;
     (iv) That each patient presenting to a hospital or freestanding, emergency-care facility with
indication of a substance-use disorder, opioid overdose, or chronic addiction, shall receive
information, made available to the hospital or freestanding, emergency-care facility in accordance
with subsection (a)(4)(v), about the availability of clinically appropriate inpatient and outpatient
services for the treatment of substance-use disorders, opioid overdose, or chronic addiction,
including:
     (A) Detoxification;
     (B) Stabilization;
     (C) Medication-assisted treatment or medication-assisted maintenance services, including
methadone, buprenorphine, naltrexone, or other clinically appropriate medications;
     (D) Inpatient and residential treatment;
     (E) Licensed clinicians with expertise in the treatment of substance-use disorders, opioid
overdoses, and chronic addiction;
     (F) Certified peer recovery specialists; and
     (v) That, when the real-time patient-services database outlined in subsection (a)(4)(vi)
becomes available, each patient shall receive real-time information from the hospital or
freestanding, emergency-care facility about the availability of clinically appropriate inpatient and
outpatient services.
     (4) On or before January 1, 2017, the director of the department of health, with the director
of the department of behavioral healthcare, developmental disabilities and hospitals, shall:
     (i) Develop and disseminate, to all hospitals and freestanding, emergency-care facilities, a
regulatory standard for the early introduction of a certified peer recovery specialist during the pre-
admission and/or admission process for patients with substance-use disorders, opioid overdose, or
chronic addiction;
     (ii) Develop and disseminate, to all hospitals and freestanding, emergency-care facilities,
substance use evaluation standards for patients with substance-use disorders, opioid overdose, or
chronic addiction;
     (iii) Develop and disseminate, to all hospitals and freestanding, emergency-care facilities,
pre-admission, admission, and discharge regulatory standards, a recovery plan, and voluntary
transition process for patients with substance-use disorders, opioid overdose, or chronic addiction.
Recommendations from the 2015 Rhode Island governor's overdose prevention and intervention
task force strategic plan may be incorporated into the standards as a guide, but may be amended
and modified to meet the specific needs of each hospital and freestanding, emergency-care facility;
     (iv) Develop and disseminate best practices standards for health care clinics, urgent-care
centers, and emergency-diversion facilities regarding protocols for patient screening, transfer, and
referral to clinically appropriate inpatient and outpatient services contained in subsection (a)(3)(iv);
     (v) Develop regulations for patients presenting to hospitals and freestanding, emergency-
care facilities with indication of a substance-use disorder, opioid overdose, or chronic addiction to
ensure prompt, voluntary access to clinically appropriate inpatient and outpatient services
contained in subsection (a)(3)(iv);
     (vi) Develop a strategy to assess, create, implement, and maintain a database of real-time
availability of clinically appropriate inpatient and outpatient services contained in subsection
(a)(3)(iv) of this section on or before January 1, 2018.
     (b) Nothing contained in this chapter shall be construed to limit the permitted disclosure of
confidential health care information and communications permitted in § 5-37.3-4(b)(4)(i) of the
confidentiality of health care communications act.
     (c) On or before September 1, 2017, each hospital and freestanding, emergency-care
facility operating in the state of Rhode Island shall submit to the director a discharge plan and
transition process that shall include provisions for patients with a primary diagnosis of a mental
health disorder without a co-occurring substance-use disorder.
     (d) On or before January 1, 2018, the director of the department of health, with the director
of the department of behavioral healthcare, developmental disabilities and hospitals, shall develop
and disseminate mental health best practices standards for health care clinics, urgent care centers,
and emergency diversion facilities regarding protocols for patient screening, transfer, and referral
to clinically appropriate inpatient and outpatient services. The best practice standards shall include
information and strategies to facilitate clinically appropriate prompt transfers and referrals from
hospitals and freestanding, emergency-care facilities to less intensive settings.
     SECTION 14. Section 23-27.3-107.1.1 of the General Laws in Chapter 23-27.3 entitled
“State Building Code” is hereby amended to read as follows:
     23-27.3-107.1.1. Local inspector.
     (a) The appropriate local authority may appoint one or more local full-time or part-time
inspectors to assist the building official in the performance of his or her duties and in the
enforcement of this code.
     (b)(1) Building Inspectors-1 shall have a minimum of three (3) years' experience in general
building construction and except for the length of experience required shall possess similar
qualifications of a local building official as required by § 23-27.3-107.5, and shall possess an
International Code Council (ICC) certification as a Residential Building Inspector. However, ICC
certification as a Residential Building Inspector shall not be required in the case of a building
inspector holding a current state certification prior to July 1, 2010. A Building Inspector-1 is
responsible to enforce the provisions of the state residential code SBC-2.
     Building Inspectors-2 shall have a minimum of three (3) years' experience in general
building construction; shall possess ICC certifications as a Residential Building Inspector and
Commercial Building Inspector; and shall possess similar qualifications of a local building official,
as required by § 23-27.3-107.5. However, ICC certification as a Residential Building Inspector and
a Commercial Building Inspector shall not be required in the case of a building inspector holding
a current state certification prior to July 1, 2010. A Building Inspector-2 is authorized to enforce
the provisions of both the state building code SBC-1 and the state residential code SBC-2.
     (2) Electrical inspectors shall have a minimum of five (5) years experience and a Rhode
Island Class A or Class B electricians' license.
     (3) Mechanical inspectors shall have a minimum of five (5) years experience and a valid
Rhode Island master pipe fitters I or journeyperson contractors' license.
     (4) Plumbing inspectors shall have a minimum of five (5) years experience and a Rhode
Island master or journeyperson plumbers' license.
     (5) Mechanical and plumbing inspectors who have been enforcing either code prior to
January 1, 1986, may continue to do so.
     (c) Inspectors listed in this section shall have the authority to affix their signature to permits
that pertain to the work they inspect.
     SECTION 15. Section 27-4.8-1 of the General Laws in Chapter 27-4.8 entitled “Group
Life Insurance” is hereby amended to read as follows:
     27-4.8-1. Group life insurance definitions.
     Except as provided in § 27-4.8-2, no policy of group life insurance shall be delivered in
this state unless it conforms to one of the following descriptions:
     (1) A policy issued to an employer, or to the trustees of a fund established by an employer,
which employer or trustees shall be deemed the policyholder, to insure employees of the employer
for the benefit of persons other than the employer, subject to the following requirements:
     (i) The employees eligible for insurance under the policy shall be all of the employees of
the employer, or all of any class or classes thereof. The policy may provide that the term
"employees" shall include the employees of one or more subsidiary corporations, and the
employees, individual proprietors, and partners of one or more affiliated corporations,
proprietorships, or partnerships if the business of the employer and of the affiliated corporations,
proprietorships, or partnerships is under common control. The policy may provide that the term
"employees" shall include the individual proprietor or partners if the employer is an individual
proprietorship or partnership. The policy may provide that the term "employees" may include
retired employees, former employees, and directors of a corporate employer. A policy issued to
insure the employees of a public body may provide that the term "employees" shall include elected
or appointed officials.
     (ii) The premium for the policy shall be paid either from the employer's funds or from funds
contributed by the insured employees, or from both. Except as provided in subsection (1)(iii), a
policy on which no part of the premium is to be derived from funds contributed by the insured
employees shall insure all eligible employees, except those who reject the coverage in writing.
     (iii) An insurer may exclude or limit the coverage on any person as to whom evidence of
individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or
limitation shall not be based solely on the fact that the person has a prescription to carry or possess
the drug naloxone.
     (2) A policy issued to a creditor or its parent holding company or to a trustee or trustees or
agent designated by two (2) or more creditors, which creditor, holding company, affiliate, trustee,
trustees, or agent shall be deemed the policyholder, to insure debtors of the creditor or creditors
subject to the following requirements:
     (i) The debtors eligible for insurance under the policy shall be all of the debtors of the
creditor or creditors, or all of any class or classes thereof. The policy may provide that the term
"debtors" shall include:
     (A) Borrowers of money or purchasers or lessees of goods, services, or property for which
payment is arranged through a credit transaction;
     (B) The debtors of one or more subsidiary corporations; and
     (C) The debtors of one or more affiliated corporations, proprietorships, or partnerships if
the business of the policyholder and of the affiliated corporations, proprietorships, or partnerships
is under common control.
     (ii) The premium for the policy shall be paid either from the creditor's funds, or from
charges collected from the insured debtors, or from both. Except as provided in subsection (2)(iii),
a policy on which no part of the premium is to be derived from the funds contributed by insured
debtors specifically for their insurance shall insure all eligible debtors.
     (iii) An insurer may exclude any debtors as to whom evidence of individual insurability is
not satisfactory to the insurer; provided, however, that any exclusion shall not be based solely on
the fact that the person has a prescription to carry or possess the drug naloxone.
     (iv) The amount of the insurance on the life of any debtor shall at no time exceed the greater
of the scheduled or actual amount of unpaid indebtedness to the creditor, except that insurance
written in connection with open-end credit having a credit limit exceeding ten thousand dollars
($10,000) may be in an amount not exceeding the credit limit.
     (v) The insurance may be payable to the creditor or any successor to the right, title, and
interest of the creditor. The payment shall reduce or extinguish the unpaid indebtedness of the
debtor to the extent of the payment and any excess of the insurance shall be payable to the estate
of the insured.
     (vi) Notwithstanding the provisions of the above subsections, insurance on agricultural
credit transaction commitments may be written up to the amount of the loan commitment on a non-
decreasing or level term plan. Insurance on educational credit transaction commitments may be
written up to the amount of the loan commitment less the amount of any repayments made on the
loan.
     (3) A policy issued to a labor union, or similar employee organization, which shall be
deemed to be the policyholder, to insure members of the union or organization for the benefit of
persons other than the union or organization or any of its officials, representatives, or agents,
subject to the following requirements:
     (i) The members eligible for insurance under the policy shall be all of the members of the
union or organization, or all of any class or classes thereof.
     (ii) The premium for the policy shall be paid either from funds of the union or organization,
or from funds contributed by the insured members specifically for their insurance, or from both.
Except as provided in subsection (3)(iii), a policy on which no part of the premium is to be derived
from funds contributed by the insured members specifically for their insurance shall insure all
eligible members, except those who reject the coverage in writing.
     (iii) An insurer may exclude or limit the coverage on any persons as to whom evidence of
individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or
limitation shall not be based solely on the fact that the person has a prescription to carry or possess
the drug naloxone.
     (4) A policy issued to a trust or to the trustees of a fund established or adopted by two (2)
or more employers, or by one or more labor unions or similar employee organizations, or by one
or more employers and one or more labor unions or similar employee organizations, which trust or
trustees shall be deemed the policyholder, to insure employees of the employers or members of the
unions or organizations for the benefit of person other than the employers or the unions or
organizations, subject to the following requirements:
     (i) The persons eligible for insurance shall be all of the employees of the employers or all
of the members of the unions or organizations, or all of any class or classes thereof. The policy may
provide that the term "employees" shall include the employees of one or more subsidiary
corporations, and the employees, individual proprietors, and partners of one or more affiliated
corporations, proprietorships, or partnerships if the business of the employer and of the affiliated
corporations, proprietorships, or partnerships is under common control. The policy may provide
that the term "employees" shall include the individual proprietor or partners if the employer is an
individual proprietorship or partnership. The policy may provide that the term "employees" shall
include retired employees, former employees, and directors of a corporate employer. The policy
may provide that the term "employees" shall include the trustees or their employees, or both, if
their duties are principally connected with the trusteeship.
     (ii) The premium for the policy shall be paid from funds contributed by the employer or
employers of the insured persons, or by the union or unions or similar employee organizations, or
by both, or from funds contributed by the insured persons or from both the insured persons and the
employers or unions or similar employee organizations. Except as provided in subsection (4)(iii),
a policy on which no part of the premium is to be derived from funds contributed by the insured
persons specifically for their insurance shall insure all eligible persons, except those who reject the
coverage in writing.
     (iii) An insurer may exclude or limit the coverage on any person as to whom evidence of
individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or
limitation shall not be based solely on the fact that the person has a prescription to carry or possess
the drug naloxone.
     (5) A policy issued to an association or to a trust or to the trustees of a fund established,
created, or maintained for the benefit of members of one or more associations. The association or
associations shall have at the outset a minimum of one hundred (100) persons; shall have been
organized and maintained in good faith for purposes other than that obtaining insurance; shall have
been in active existence for at least two (2) years; and shall have a constitution and bylaws which
that provides provide that:
     (i) The association or associations hold regular meetings not less than annually to further
purposes of the members;
     (ii) Except for credit unions, the association or associations, collect dues or solicit
contributions from members; and
     (iii) The members have voting privileges and representation on the governing board and
committees. The policy shall be subject to the following requirements:
     (A) The policy may insure members of the association or associations, employees thereof,
or employees of members, or one or more of the preceding or all of any class or classes thereof for
the benefit of persons other than the employee's employer.
     (B) The premium for the policy shall be paid from funds contributed by the association or
associations, or by employer members, or by both, or from funds contributed by the covered
persons or from both the covered persons and the association, associations, or employer members.
     (C) Except as provided in subsection (5)(iii)(D), a policy on which no part of the premium
is to be derived from funds contributed by the covered persons specifically for the insurance shall
insure all eligible persons, except those who reject the coverage in writing.
     (D) An insurer may exclude or limit the coverage on any person as to whom evidence of
individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or
limitation shall not be based solely on the fact that the person has a prescription to carry or possess
the drug naloxone.
     (6) A policy issued to a credit union or to a trustee or trustees or agent designated by two
(2) or more credit unions, which credit union, trustee, trustees, or agent shall be deemed
policyholder, to insure members of the credit union or credit unions for the benefit of persons other
than the credit union or credit unions, trustee or trustees, or agent or any of their officials, subject
to the following requirements:
     (i) The members eligible for insurance shall be all of the members of the credit union or
credit unions, or all of any class or classes thereof.
     (ii) The premium for the policy shall be paid by the policyholder from the credit union's
funds and, except as provided in subsection (6)(iii), shall insure all eligible members.
     (iii) An insurer may exclude or limit the coverage on any member as to whom evidence of
individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or
limitation shall not be based solely on the fact that the person has a prescription to carry or possess
the drug naloxone.
     SECTION 16. Section 27-79.1-3 of the General Laws in Chapter 27-79.1 entitled “Travel
Insurance Act” is hereby amended to read as follows:
     27-79.1-3. Definitions.
     As used in this chapter, the following terms shall have the following meanings:
     (1) "Aggregator site" means a website that provides access to information regarding
insurance products from more than one insurer, including product and insurer information, for use
in comparison shopping.
     (2) "Blanket travel insurance" means a policy of travel insurance issued to any eligible
group providing coverage for specific classes of persons defined in the policy, with coverage
provided to all members of the eligible group without a separate charge to individual members of
the eligible group.
     (3) "Cancellation fee waiver" means a contractual agreement between a supplier of travel
services and its customer to waive some or all of the non-refundable cancellation fee provisions of
the supplier's underlying travel contract, with or without regard to the reason for the cancellation
or form of reimbursement. A cancellation fee waiver is not insurance.
     (4) "Eligible group," for the purposes of travel insurance, means two (2) or more persons
who are engaged in a common enterprise, or have an economic, educational, or social affinity or
relationship, including, but not limited to, any of the following:
     (i) Any entity engaged in the business of providing travel or travel services, including, but
not limited to, tour operators, lodging providers, vacation property owners, hotels and resorts, travel
clubs, travel agencies, property managers, cultural exchange programs, and common carriers or the
operator, owner, or lessor of a means of transportation of passengers, including, but not limited to,
airlines, cruise lines, railroads, steamship companies, and public bus carriers, wherein, with regard
to any particular travel or type of travel or travelers, all members or customers of the group must
have a common exposure to risk attendant to the travel;
     (ii) Any college, school, or other institution of learning covering students, teachers, or
employees or volunteers;
     (iii) Any employer covering any group of employees, volunteers, contractors, board of
directors, dependents, or guests;
     (iv) Any sports team, camp, or sponsor thereof covering participants, members, campers,
employees, officials, supervisors, or volunteers;
     (v) Any religious, charitable, recreational, educational, or civic organization or branch
thereof covering any group of members, participants, or volunteers;
     (vi) Any financial institution or financial institution vendor, or parent holding company,
trustee, or agent of, or designated by, one or more financial institutions or financial institution
vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers;
     (vii) Any incorporated or unincorporated association, including labor unions, having a
common interest, constitution, and bylaws, and organized and maintained in good faith for purposes
other than obtaining insurance for members or participants of such the association covering its
members;
     (viii) Any trust or the trustees of a fund established, created, or maintained for the benefit
of and covering members, employees, or customers, subject to the insurance commissioner
permitting the use of a trust and the state's premium tax provisions in § 27-79.1-6 of one or more
associations meeting the requirements of subsection (4)(vii) of this section;
     (ix) Any entertainment production company covering any group of participants, volunteers,
audience members, contestants, or workers;
     (x) Any volunteer fire department, ambulance, rescue, police, court or any first aid, civil
defense, or other such volunteer group;
     (xi) Preschools, daycare institutions for children or adults, and senior citizen clubs;
     (xii) Any automobile or truck rental or leasing company covering a group of individuals
who may become renters, lessees, or passengers defined by their travel status on the rented or leased
vehicles. The common carrier, the operator, owner, or lessor of a means of transportation, or the
automobile or truck rental or leasing company, is the policyholder under a policy to which this
section applies; or
     (xiii) Any other group where the commissioner has determined that the members are
engaged in a common enterprise, or have an economic, educational, or social affinity or
relationship, and that issuance of the policy would not be contrary to the public interest.
     (5) "Fulfillment materials" means documentation sent to the purchaser of a travel protection
plan confirming the purchase and providing the travel protection plan's coverage and assistance
details.
     (6) "Group travel insurance" means travel insurance issued to any eligible group.
     (7) "Limited lines travel insurance producer" means:
     (i) Licensed managing general agent or third-party administrator;
     (ii) Licensed insurance producer, including a limited lines producer; or
     (iii) Travel administrator.
     (8) "Offer and disseminate" means providing general information, including a description
of the coverage and price, as well as processing the application and collecting premiums.
     (9) "Primary certificate holder" means an individual person who elects and purchases travel
insurance under a group policy.
     (10) "Primary policyholder" means an individual person who elects and purchases
individual travel insurance.
     (11) "Travel administrator" means a person who directly or indirectly underwrites, collects
charges, collateral, or premiums from, or adjusts or settles claims on residents of this state, in
connection with travel insurance, except that a person shall not be considered a travel administrator
if that person's only actions that would otherwise cause it to be considered a travel administrator
are among the following:
     (i) A person working for a travel administrator to the extent that the person's activities are
subject to the supervision and control of the travel administrator;
     (ii) An insurance producer selling insurance or engaged in administrative and claims-
related activities within the scope of the producer's license;
     (iii) A travel retailer offering and disseminating travel insurance and registered under the
license of a limited lines travel insurance producer in accordance with this chapter;
     (iv) An individual adjusting or settling claims in the normal course of that individual's
practice or employment as an attorney at law and who does not collect charges or premiums in
connection with insurance coverage; or
     (v) A business entity that is affiliated with a licensed insurer while acting as a travel
administrator for the direct and assumed insurance business of an affiliated insurer.
     (12) "Travel assistance services" means non-insurance services for which the consumer is
not indemnified based on a fortuitous event, and where providing the service does not result in
transfer or shifting of risk that would constitute the business of insurance. Travel assistance services
include, but are not limited to: security advisories; destination information; vaccination and
immunization information services; travel reservation services; entertainment; activity and event
planning; translation assistance; emergency messaging; international legal and medical referrals;
medical case monitoring; coordination of transportation arrangements; emergency cash transfer
assistance; medical prescription replacement assistance; passport and travel document replacement
assistance; lost luggage assistance; concierge services; and any other service that is furnished in
connection with planned travel. Travel assistance services are not insurance and not related to
insurance.
     (13) "Travel insurance" means insurance coverage for personal risks incident to planned
travel, including:
     (i) Interruption or cancellation of trip or event;
     (ii) Loss of baggage or personal effects;
     (iii) Damages to accommodations or rental vehicles;
     (iv) Sickness, accident, disability, or death occurring during travel;
     (v) Emergency evacuation;
     (vi) Repatriation of remains; or
     (vii) Any other contractual obligations to indemnify or pay a specified amount to the
traveler upon determinable contingencies related to travel as approved by the commissioner.
     Travel insurance does not include major medical plans that provide comprehensive medical
protection for travelers with trips lasting longer than six (6) months, including, for example, those
working or residing overseas as an expatriate, or any other product that requires a specific insurance
producer license.
     (14) "Travel protection plans" means plans that provide one or more of the following:
     (i) Travel insurance;
     (ii) Travel assistance services; and
     (iii) Cancellation fee waivers.
     (15) "Travel retailer" means a business entity that makes, arranges, or offers planned travel
services, and may offer and disseminate travel insurance as a service to its customers on behalf of,
and under the direction of, a limited lines travel insurance producer.
     SECTION 17. Section 33-27.1-12 of the General Laws in Chapter 33-27.1 entitled
“Revised Uniform Fiduciary Access To to Digital Assets Act” is hereby amended to read as
follows:
     33-27.1-12. Disclosure of content of electronic communications held in trust when
trustee is not original user.
     Unless otherwise ordered by the court, directed by the user, or provided in a trust, a
custodian shall disclose to a trustee who or that is not an original user of an account the content of
an electronic communication sent or received by an original or successor user and carried,
maintained, processed, received, or stored by the custodian in the account of the trust if the trustee
gives the custodian:
     (1) A written request for disclosure in physical or electronic form;
     (2) A certified copy of the trust instrument that includes consent to disclosure of the content
of electronic communications to the trustee;
     (3) An affidavit or memorandum by the trustee, under penalty of perjury, pursuant to § 34-
4-27, that the trust exists and the trustee is a currently acting trustee of the trust; assigned by the
custodian to identify the trust's account;
     (4) A number, username, address, or other unique subscriber or account identifier assigned
by the custodian to identify the trust's account; and
     (5) Evidence linking the account to the trust.
     SECTION 18. Section 36-3-5 of the General Laws in Chapter 336-3 entitled “Division of
Personnel Administration” is hereby amended to read as follows:
     36-3-5. Powers and duties of the administrator. [Effective January 1, 2020.]
     In addition to the duties imposed upon the personnel administrator elsewhere in the law
and the personnel rules, it shall be the duty of the personnel administrator:
     (1) As executive head of the division of personnel administration, to direct, supervise,
develop, and authorize all personnel-related administrative and technical activities including
personnel administration and personnel management.
     (2) To prepare and recommend to the director of administration such those rules as are
deemed necessary to carry out the provisions of the law.
     (3) To supervise the operation of the classification plan and to recommend to the director
amendments and additions thereto.
     (4) To supervise the operation of the pay plan and to recommend to the director
amendments and additions thereto.
     (5) To establish and supervise the maintenance of employment lists, promotion lists, and
reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for
compliance with the statutes and policies, and make available to state agencies qualified candidates
as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit
plans, including the coordination of health insurance, prescription/vision care, group life insurance,
dental care, prepaid legal services, deferred compensation and cancer programs, and any other
programs established by the legislature related to employee benefits; and to manage career awards
programs and state and local enforcement firefighters incentive training programs.
     (6) To perform any other lawful act which he or she may consider necessary or desirable
to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and
to conduct innovative demonstration projects to improve state personnel management.
     (7) To facilitate and/or coordinate state and national background checks for applicants
and/or employees in state positions with access to federal tax information, as defined in § 36-3-
16(a)(6).
     (8) The personnel administrator is authorized and empowered to revise state job
descriptions to ensure the use of appropriate disability language as required by § 43-3-7.1.
     SECTION 19. Section 36-4-31 of the General Laws in Chapter 36-4 entitled “Merit
System” is hereby amended to read as follows:
     36-4-31. Temporary appointment when no list available.
     (a)(1) Whenever it is not possible to certify the required number of eligible persons for
appointment to a vacancy in the classified service because no appropriate list exists, the appointing
authority may nominate a person to the personnel administrator and if the nominee is found by the
personnel administrator to have had experience and education that appear to qualify him or her for
the position and meets such other requirements as are established by this chapter and the personnel
rules, he or she may be temporarily appointed to fill the vacancy. All persons with temporary status
who have been or who shall be temporarily appointed to those vacancies shall serve at the pleasure
of the appointing authority or until removed in accordance with other provisions of this chapter.
The personnel administrator shall within one year of the appointment of the temporary appointee
establish an appropriate list. In the event the personnel administrator has failed or fails to establish
an appropriate list within one year of a temporary appointment, the temporary employee shall
become a provisional employee until a suitable list is established, at which time the appropriate
merit system laws, rules, and regulations shall apply.
     (1)(2) Whenever any provisional employee who is serving in a competitive branch position
within the classified service completes five (5) consecutive years of satisfactory service, and the
personnel administrator has failed to establish a timely appropriate list as required by subsection
(a)(1) during that time, that provisional employee shall be deemed to have qualified for his or her
position and shall be awarded permanent status, without the need of examination.
     (2)(3) When an appropriate list is established for a position held by a temporary or
provisional appointee, the position shall be deemed to be vacant for the purposes of certification
and appointment, and no salary or other compensation shall be paid to any temporary or provisional
appointee for services in the position for more than fifteen (15) days after certification of at least
three (3) available eligibles from the appropriate list.
     (b) Any employee who holds temporary or provisional status for at least twelve (12)
consecutive months in the class in which he or she is serving and who takes the appropriate
examination for the position shall receive in addition to his or her test score five (5) additional
points for each year of state service, which shall be added to his or her test score; provided,
however, that in no case shall an employee receive credit for more than four (4) years of service.
An employee who holds temporary provisional status for at least twelve (12) consecutive months
in the class in which he or she is serving and is found to be reachable for certification to the position
he or she holds shall be appointed to the position unless the appointing authority certifies to the
personnel administrator that the individual's service has been unsatisfactory.
     SECTION 20. Section 36-6-17 of the General Laws in Chapter 36-6 entitled “Salaries and
Traveling Expenses” is hereby amended to read as follows:
     36-6-17. Deductions for union dues.
     (a) Upon written authorization of any state employee who is a member of any bona fide
labor union or who voluntarily elects to pay dues or fees to a union, the state controller shall deduct
from the employee's salary his or her dues as a member or fees and shall remit, together with a list
by departments of the members or fee payers whose payments have been deducted, the amounts so
deducted, to the treasurer of the labor union, designated by the employee in the request; provided,
however, that where a labor union has been recognized as the sole and exclusive bargaining
representative for an appropriate unit, only the dues or fees for the sole and exclusive bargaining
representative shall be deducted. The state controller shall make dues or fee deductions, on an
ongoing basis, unless the employee files a written notice requesting termination of the payments,
with the exclusive bargaining representative.
     (b) In the case of an employee employed in an area where there is no certified exclusive
bargaining organization, the request for dues deductions or fees to a bona fide labor union shall be
voluntary and shall take effect thirty (30) days after presentation,. If if the employer and the selected
sole and exclusive bargaining representative have reached an agreement regarding the payment of
dues or fees or the employee on a voluntary basis elects to pay dues or fees, then the state controller
shall make dues or fee deductions on an ongoing basis, unless the employee files a written notice
requesting termination of the payments with the exclusive bargaining representative.
     SECTION 21. Section 36-10-9.2 of the General Laws in Chapter 36-10 entitled
“Retirement System - Contributions and Benefits” is hereby amended to read as follows:
      36-10-9.2. Retirement on service allowance -- Correctional officers.
     (a) This section shall apply to the retirement of members employed as assistant director
(adult services), assistant deputy director, chief of inspection, and associate directors, correctional
officer, chief of security, work rehabilitation program supervisor, supervisor of custodial records
and reports, and classification counselor within the department of corrections.
     (b)(1) Any member who has attained the age of fifty (50) years may be retired subsequent
to the proper execution and filing of a written application; provided, however, that the member
shall have completed twenty (20) years of total service within the department of corrections and
who retires before October 1, 2009, or is eligible to retire as of September 30, 2009.
     (2) For members who become eligible to retire on or after October 1, 2009, benefits are
available to members who have attained the age of fifty-five (55) and have completed at least
twenty-five (25) years of total contributory service within the department of corrections. For
members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009,
but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five
(55) will be adjusted downward in proportion to the amount of service the member has earned as
of September 30, 2009. The proportional formula shall work as follows:
      (i) The formula shall determine the first age of retirement eligibility under the laws in
effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of
fifty-five (55).
      (ii) The formula shall then take the member's total service credit as of September 30, 2009,
as the numerator and the years of service credit determined under (b)(2)(i) as the denominator.
     (iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference
determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55).
     (c) Any member with contributory service on or after July 1, 2012, who has completed at
least five (5) years of contributory service but who has not completed twenty-five (25) years of
contributory service, shall be eligible to retire upon the attainment of the member's Social Security
retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active
service shall be eligible to retire upon the earlier of:
     (1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30)
years of total service, or the attainment of at least age sixty-four (64) and the completion on of at
least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the
completion on of at least thirty-two (32) years of total service, or the attainment of at least age
sixty-two (62) and the completion on of at least thirty-three (33) years of total service; or
     (2) The member's retirement eligibility date under § 36-10-9(1)(c)(ii).
     (d) Any member who shall have rendered service both as a state employee under § 36-10-
9, and service under § 36-10-9.2(a), shall be eligible to elect to combine the member's service under
§ 36-10-9.2(a) and service under § 36-10-9 to determine the member's retirement eligibility date
under § 36-10-9. For any member making this election, the member will receive a single benefit
equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit computed under
§ 36-10-10.
     (e) The provisions of subsection (d) shall also apply to members who have retired on a
service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in
writing to the retirement board and shall apply prospectively from the date the request is received
by the retirement board.
     SECTION 22. Section 39-18.1-5 of the General Laws in Chapter 39-18.5 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 subsection (a)(1) § 39-18.1-4(b)(1) – (b)(3) of this section 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 to the Rhode Island
public transit authority for operating expenditures.
     (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 an amount of not less than
five million dollars ($5,000,000) each fiscal year.
     (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 23. Section 42-7.4-2 of the General Laws in Chapter 42-7.4 entitled “The Health
Care Services Funding Plan Act” is hereby amended to read as follows:
     42-7.4-2. Definitions.
     The following words and phrases as used in this chapter shall have the following meaning:
     (1)(i) "Contribution enrollee" means an individual residing in this state, with respect to
whom an insurer administers, provides, pays for, insures, or covers healthcare services, unless
excepted by this section.
     (ii) "Contribution enrollee" shall not include an individual whose healthcare services are
paid or reimbursed by Part A or Part B of the Medicare program, a Medicare supplemental policy
as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1), or Medicare
managed care policy, the federal employees' health benefit program, the Veterans' healthcare
program, the Indian health service program, or any local governmental corporation, district, or
agency providing health benefits coverage on a self-insured basis;
     (iii) Delayed applicability for state employees, retirees, and dependents and not-for-profit
healthcare corporations. An individual whose healthcare services are paid or reimbursed by the
state of Rhode Island pursuant to chapter 12 of title 36 or a not-for-profit healthcare corporation
that controls or operates hospitals licensed under chapter 17 of title 23 or a not-for-profit healthcare
corporation that controls or operates hospitals licensed under chapter 17 of title 23, and facilities
and programs providing rehabilitation, psychological support, and social guidance to individuals
who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities
or cognitive disabilities, such as brain injury, licensed under chapter 24 of title 40.1 shall not be
treated as a "contribution enrollee" until July 1, 2016.
     (2) "Healthcare services funding contribution" means per capita amount each contributing
insurer must contribute to support the programs funded by the method established under this
section, with respect to each contribution enrollee; provided, however, that, with respect to an
insurer that is a Medicaid managed care organization offering managed Medicaid, the healthcare
funding services contribution for any contribution enrollee whose healthcare services are paid or
reimbursed under Title XIX of the Social Security Act (Medicaid) shall not include the children's
health services funding requirement described in § 42-12-29.
     (3)(i) "Insurer" means all persons offering, administering, and/or insuring healthcare
services, including, but not limited to:
     (A) Policies of accident and sickness insurance, as defined by chapter 18 of title 27:
     (B) Nonprofit hospital or medical-service plans, as defined by chapters 19 and 20 of title
27;
     (C) Any person whose primary function is to provide diagnostic, therapeutic, or preventive
services to a defined population on the basis of a periodic premium;
     (D) All domestic, foreign, or alien insurance companies, mutual associations, and
organizations;
     (E) Health maintenance organizations, as defined by chapter 41 of title 27;
     (F) All persons providing health benefits coverage on a self-insurance basis;
     (G) All third-party administrators described in chapter 20.7 of title 27; and
     (H) All persons providing health benefit coverage under Title XIX of the Social Security
Act (Medicaid) as a Medicaid managed care organization offering managed Medicaid.
     (ii) "Insurer" shall not include any nonprofit dental service corporation as defined in § 27-
20.1-2, nor any insurer offering only those coverages described in § 42-7.4-14 42-7.4-13.
     (4) "Person" means any individual, corporation, company, association, partnership, limited
liability company, firm, state governmental corporations, districts, and agencies, joint stock
associations, trusts, and the legal successor thereof.
     (5) "Secretary" means the secretary of health and human services.
     SECTION 24. Section 42-12-19 of the General Laws in Chapter 42-12 entitled
“Department of Human Services” is hereby amended to read as follows:
     42-12-19. Permanent advisory commission on traumatic brain injuries -- Commission
established.
     (a) There is hereby established a permanent advisory commission on traumatic brain
injuries.
     (b) The purpose of the commission shall be to:
     (1) Report on all matters relating to traumatic brain injury in Rhode Island to the governor
and the general assembly.
     (2) Advise the executive office of health and human services, the department of behavioral
healthcare, developmental disabilities and hospitals, and the department of health regarding the
development of priorities and criteria for disbursement of moneys in response to both individual
requests and grant-seeking entities from the traumatic brain injury fund. The priorities and criteria
shall be in accordance with the expenditure guidelines set forth in § 42-12-28 of this chapter.
     (3) Advise the executive office of health and human services, the department of behavioral
healthcare, developmental disabilities and hospitals, and the department of health on all matters
regarding traumatic brain injury.
     (c) The commission shall consist of twenty-six (26) members. They shall meet not less than
four (4) times a year and report their findings annually to the governor and general assembly. The
members of the commission shall serve without compensation. The commissioners shall elect their
own officers on a biennial basis.
     (d) The membership of the commission shall be as follows: The secretary of the executive
office of health and human services or his or her designee, the director of the department of
behavioral healthcare, developmental disabilities and hospitals or his or her designee; the director
of the department of health or his or her designee; the director of the department of human services
or his or her designee; the director of the department of education or his or her designee, all of
whom shall serve ex-officio; the chief of neurosurgery at Rhode Island Hospital or his or her
designee; the president and executive director or two (2) designees of the Brain Injury Association
of Rhode Island; the director of the Rhode Island Disability Law Center or his or her designee; the
governor or his or her designee; and sixteen (16) persons appointed by the governor as follows:
eight (8) persons who are unrelated, seven (7) of whom must have a traumatic brain injury, and one
of whom may be an immediate family member of an individual with a traumatic brain injury; one
person who is a neurologist; one person who is a physiatrist; one person who is a neuropsychologist;
one person who is a cognitive rehabilitation specialist; one of whom is a traumatic brain injury case
manager; one of whom is a physical therapist or occupational therapist; one of whom is a
representative of a post-acute rehabilitation facility; and one person who is a community-based
service provider.
     (e) The first meeting of the members of the commission shall be called to order by the
governor or his or her designee within ninety (90) days of the effective date of this act [July 7,
2006]. Of the ten (10) sixteen (16) members appointed by the governor, three (3) shall serve a term
of one year, three (3) shall serve a term of two (2) years, and four (4) shall serve a term of three (3)
years. Upon expiration of the initial term, commission members shall serve terms of three (3) years.
The initial terms of commission members shall be determined by lot.
     SECTION 25. Section 44-30-84 of the General Laws in Chapter 44-30 entitled “Personal
Income Tax” is hereby amended to read as follows:
     44-30-84. Interest on underpayment.
     (a) General.
     (1) If any amount of Rhode Island personal income tax, including any amount of the tax
withheld by an employer, is not paid on or before the due date, interest on the amount at the annual
rate provided by § 44-1-7 shall be paid for the period from the due date to the date paid, whether
or not any extension of time for payment was granted. The interest shall not be paid if its amount
is less than two dollars ($2.00).
     (2) Interest prescribed under this section may be waived by the tax administrator in the
event the underpayment results from the state's closing of banks and credit unions in which the
taxpayer's monies are deposited and the taxpayer has no other funds from which to pay his or her
tax.
     (b) Estimated tax. If an individual fails to file a declaration of estimated Rhode Island
personal income tax as required by § 44-30-55, or to pay any installment of the tax as required by
§ 44-30-56, the individual shall pay interest at the annual rate provided by § 44-1-7 for the period
the failure continues, until the fifteenth day of the fourth month following the close of the taxable
year. The interest in respect of any unpaid installment shall be computed on the amount by which
his or her actual payments and credits in respect of the tax are less than eighty percent (80%) of the
installment at the time it is due. Notwithstanding the foregoing, no interest shall be payable if one
of the exceptions specified in 26 U.S.C. § 6654(d)(1) or (2) 26 U.S.C. § 6654(e)(1) or (2) would
apply if the exceptions referred to the corresponding Rhode Island tax amounts and returns.
     (c) Payment prior to notice of deficiency. If, prior to the mailing to the taxpayer of notice
of deficiency under § 44-30-81, the tax administrator mails to the taxpayer a notice of proposed
increase of tax and within thirty (30) days after the date of the notice of the proposed increase the
taxpayer pays all amounts shown on the notice to be due to the tax administrator, no interest under
this section on the amount so paid shall be imposed for the period after the date of the notice of
proposed increase.
     (d) Payment within ten (10) days after notice and demand. If notice and demand is made
for payment of any amount, and the amount is paid within ten (10) days after the effective date of
the notice and demand under § 44-30-81(b), interest under this section on the amount so paid shall
not be imposed for the period after the date of the notice and demand.
     (e) Suspension of interest on deficiencies. If a waiver of restrictions on assessment of a
deficiency has been filed by the taxpayer, and if notice and demand by the tax administrator for
payment of the deficiency is not made within thirty (30) days after the filing of the waiver, interest
shall thereupon cease to accrue until the date of notice and demand.
     (f) Interest treated as tax. Interest under this section shall be paid upon notice and demand
and shall be assessed, collected, and paid in the same manner as the tax, except that interest under
subsection (b) of this section may be assessed without regard to the restrictions of § 44-30-81.
     (g) No interest on interest. No interest shall be imposed on any interest provided in this
section.
     (h) Interest on civil penalties and additions to tax. Interest shall be imposed under
subsection (a) of this section in respect of any assessable civil penalty or addition to tax only if the
assessable penalty or addition to tax is not paid within fifteen (15) days from the effective date of
notice and demand therefor under § 44-30-81(b), and in that case interest shall be imposed only for
the period from the effective date of the notice and demand to the date of payment.
     (i) Tax reduced by carryback. If the amount of tax for any taxable year is reduced by reason
of a carryback of a net operating loss, the reduction in tax shall not affect the computation of interest
under this section for the period ending with the last day of the taxable year in which the net
operating loss arises.
     (j) Limitation on assessment or collection. Interest prescribed under this section may be
assessed or collected at any time during the period within which the tax or other amount to which
the interest relates may be assessed or collected.
     (k) Interest on erroneous refund. Any portion of tax or other amount which has been
erroneously refunded, and which is recoverable by the tax administrator, shall bear interest at the
annual rate provided by § 44-1-7 from the date of the payment of the refund.
     (l) Timely deposits for withheld tax. If an entity fails to remit withheld tax at the times
prescribed by the tax administrator, there may be interest assessed at the annual rate provided by §
44-1-7 for the period the failure continues, until the thirty-first day of the first month following the
close of the taxable year. The interest with respect to any failed remittances shall be computed as
prescribed by the tax administrator.
     SECTION 26. Section 44-31.3-2 in Chapter 44-31.3 entitled Musical and Theatrical
Production tax credits is hereby amended to read as follows:
     44-31.3-2. Musical and theatrical production tax credits.
     (a) Definitions. As used in this chapter:
     (1) "Accredited theater production" means a for-profit live stage presentation in a qualified
production facility, as defined in this chapter that is either: (i) A pre-Broadway production, or (ii)
A post-Broadway production.
     (2) "Accredited theater production certificate" means a certificate issued by the film office
certifying that the production is an accredited theater production that meets the guidelines of this
chapter.
     (3) "Advertising and public relations expenditure" means costs incurred within the state by
the accredited theater productions for goods or services related to the national marketing, public
relations, creation and placement of print, electronic, television, billboards and other forms of
advertising to promote the accredited theater production.
     (4) "Payroll" means all salaries, wages, fees, and other compensation including related
benefits for services performed and costs incurred within Rhode Island.
     (5) "Pre-Broadway production" means a live stage production that, in its original or
adaptive version, is performed in a qualified production facility having a presentation scheduled
for Broadway's theater district in New York City within (12) months after its Rhode Island
presentation.
     (6) "Post-Broadway production" means a live stage production that, in its original or
adaptive version, is performed in a qualified production facility and opens its U.S. tour in Rhode
Island after a presentation scheduled for Broadway's theater district in New York City.
     (7) "Production and performance expenditures" means a contemporaneous exchange of
cash or cash equivalent for goods or services related to development, production, performance, or
operating expenditures incurred in this state for a qualified theater production including, but not
limited to, expenditures for design, construction and operation, including sets, special and visual
effects, costumes, wardrobes, make-up, accessories; costs associated with sound, lighting, staging,
payroll, transportation expenditures, advertising and public relations expenditures, facility
expenses, rentals, per diems, accommodations and other related costs.
     (8) "Qualified production facility" means a facility located in the state of Rhode Island in
which live theatrical productions are, or are intended to be, exclusively presented that contains at
least one stage, a seating capacity of one thousand (1,000) or more seats, and dressing rooms,
storage areas, and other ancillary amenities necessary for the accredited theater production.
     (9) "Resident" or "Rhode Island resident" means, for the purpose of determination of
eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the state
of Rhode Island or who is not domiciled in this state but maintains a permanent place of abode in
this state and is in this state for an aggregate of more than one hundred eighty-three (183) days of
the taxable year, unless the individual is in the armed forces of the United States.
     (10) "Rhode Island film and television office" means the office within the department of
administration that has been established in order to promote and encourage the locating of film and
television productions within the state of Rhode Island. The office is also referred to as the "film
office."
     (11)(i) "Transportation expenditures" means expenditures for the packaging, crating, and
transportation both to the state for use in a qualified theater production of sets, costumes, or other
tangible property constructed or manufactured out of state, and/or from the state after use in a
qualified theater production of sets, costumes, or other tangible property constructed or
manufactured in this state and the transportation of the cast and crew to and from the state. Such
term shall include the packaging, crating, and transporting of property and equipment used for
special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up, and related
accessories and materials, as well as any other performance or production-related property and
equipment.
     (ii) Transportation expenditures shall not include any costs to transport property and
equipment to be used only for filming and not in a qualified theater production, any indirect costs,
and expenditures that are later reimbursed by a third party,; or any amounts that are paid to persons
or entities as a result of their participation in profits from the exploitation of the production.
     (b) Tax credit.
     (1) Any person, firm, partnership, trust, estate, or other entity that receives an accredited
theater production certificate shall be allowed a tax credit equal to thirty percent (30%) of the total
production and performance expenditures and transportation expenditures for the accredited theater
production and to be computed as provided in this chapter against a tax imposed by chapters 11,
12, 13, 14, 17, and 30 of this title. Said credit shall not exceed five million dollars ($5,000,000) and
shall be limited to certified production costs directly attributable to activities in the state and
transportation expenditures defined above. The total production budget shall be a minimum of one
hundred thousand dollars ($100,000).
     (2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax
year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and theatrical
production tax credits pursuant to this chapter. Said credits shall be equally available to motion
picture productions and musical and theatrical productions. No specific amount shall be set aside
for either type of production.
     (3) The tax credit shall be allowed against the tax for the taxable period in which the credit
is earned and can be carried forward for not more than three (3) succeeding tax years.
     (4) Credits allowed to a company that is a subchapter S corporation, partnership, or a
limited-liability company that is taxed as a partnership, shall be passed through respectively to
persons designated as partners, members, or owners on a pro rata basis or pursuant to an executed
agreement among such persons designated as subchapter S corporation shareholders, partners, or
members documenting an alternate distribution method without regard to their sharing of other tax
or economic attributes of such entity.
     (5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for
the tax credits may assign, transfer, or convey the tax credits, in whole or in part, by sale or
otherwise, to any individual or entity and such the assignee of the tax credits that has not claimed
the tax credits in whole or part may assign, transfer, or convey the tax credits, in whole or in part,
by sale or otherwise, to any individual or entity. The assignee of the tax credits may use acquired
credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant
to chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this title. The
assignee may apply the tax credit against taxes imposed on the assignee for not more than three (3)
succeeding tax years. The assignor shall perfect the transfer by notifying the state of Rhode Island
division of taxation, in writing, within thirty (30) calendar days following the effective date of the
transfer and shall provide any information as may be required by the division of taxation to
administer and carry out the provisions of this section.
     (6) For purposes of this chapter, any assignment or sales proceeds received by the assignor
for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
this title.
     (7) In the case of a corporation, this credit is only allowed against the tax of a corporation
included in a consolidated return that qualifies for the credit and not against the tax of other
corporations that may join in the filing of a consolidated tax return.
     (c) Certification and administration.
     (1) The applicant shall properly prepare, sign, and submit to the film office an application
for initial certification of the theater production. The application shall include such the information
and data as the film office deems reasonably necessary for the proper evaluation and administration
of said the application, including, but not limited to, any information about the theater production
company and a specific Rhode Island live theater or musical production. The film office shall
review the completed application and determine whether it meets the requisite criteria and
qualifications for the initial certification for the production. If the initial certification is granted, the
film office shall issue a notice of initial certification of the accredited theater production to the
theater production company and to the tax administrator. The notice shall state that, after
appropriate review, the initial application meets the appropriate criteria for conditional eligibility.
The notice of initial certification will provide a unique identification number for the production and
is only a statement of conditional eligibility for the production and, as such, does not grant or
convey any Rhode Island tax benefits.
     (2) Upon completion of an accredited theater production, the applicant shall properly
prepare, sign, and submit to the film office an application for final certification of the accredited
theater production. The final application shall also contain a cost report and an "accountant's
certification." The film office and tax administrator may rely without independent investigation,
upon the accountant's certification, in the form of an opinion, confirming the accuracy of the
information included in the cost report. Upon review of a duly completed and filed application and
upon no later than thirty (30) days of submission thereof, the division of taxation will make a
determination pertaining to the final certification of the accredited theater production and the
resultant tax credits.
     (3) Upon determination that the company qualifies for final certification and the resultant
tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An
accredited theater production certificate; and (ii) A tax credit certificate in an amount in accordance
with section (b) hereof subsection (b) of this section. A musical and theatrical production company
is prohibited from using state funds, state loans, or state guaranteed loans to qualify for the motion
picture tax credit. All documents that are issued by the film office pursuant to this section shall
reference the identification number that was issued to the production as part of its initial
certification.
     (4) The director of the department of administration, in consultation as needed with the tax
administrator, shall promulgate such rules and regulations as are necessary to carry out the intent
and purposes of this chapter in accordance with the general guidelines provided herein for the
certification of the production and the resultant production credit.
     (5) If information comes to the attention of the film office that is materially inconsistent
with representations made in an application, the film office may deny the requested certification.
In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs
and such the tax credits have been transferred, assigned, and/or allocated, the state will pursue its
recapture remedies and rights against the applicant of the theater production tax credits. No redress
shall be sought against assignees, sellers, transferees, or allocates of such the credits.
     (d) Information requests.
     (1) The director of the film office, and his or her agents, for the purpose of ascertaining the
correctness of any credit claimed under the provisions of this chapter, may examine any books,
paper, records, or memoranda bearing upon the matters required to be included in the return, report,
or other statement, and may require the attendance of the person executing the return, report, or
other statement, or of any officer or employee of any taxpayer, or the attendance of any other
person, and may examine the person under oath respecting any matter that the director, or his or
her agent, deems pertinent or material in administration and application of this chapter and where
not inconsistent with other legal provisions, the director may request information from the tax
administrator.
     (2) The tax administrator, and his or her agents, for the purpose of ascertaining the
correctness of any credit claimed under the provisions of this chapter, may examine any books,
paper, records, or memoranda bearing upon the matters required to be included in the return, report,
or other statement, and may require the attendance of the person executing the return, report, or
other statement, or of any officer or employee of any taxpayer, or the attendance of any other
person, and may examine the person under oath respecting any matter which the tax administrator
or his or her agent deems pertinent or material in determining the eligibility for credits claimed and
may request information from the film office, and the film office shall provide the information in
all cases to the tax administrator.
     (e) The film office shall comply with the impact analysis and periodic reporting provisions
of § 44-31.2-6.1.
     SECTION 27. Section 42-66.13-3 of the General Laws in Chapter 42-66.13 entitled
“Supported decision-Making Act” is hereby amended to read as follows:
     42-66.13-3. Definitions.
     For the purposes of this chapter:
     (1) "Adult" means an individual who is eighteen (18) years of age or older.
     (2) "Affairs" means personal, healthcare, and matters arising in the course of activities of
daily living and including those healthcare and personal affairs in which adults make their own
healthcare decisions, including monitoring their own health; obtaining, scheduling, and
coordinating health and support services; understanding healthcare information and options; and
making personal decisions, including those to provide for their own care and comfort.
     (3) "Disability" means a physical or mental impairment that substantially limits one or
more major life activities of a person.
     (4) "Good faith" means honesty in fact and the observance of reasonable standards of fair
dealing.
     (5) "Immediate family member" means a spouse, child, sibling, parent, grandparent,
grandchild, stepparent, stepchild, or stepsibling.
     (6) "Person" means an adult; healthcare institution; healthcare provider; corporation;
partnership; limited-liability company; association; joint venture; government; governmental
subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
     (7) "Principal" means an adult with a disability who seeks to enter, or has entered, into a
supported decision-making agreement with a supporter under this chapter.
     (8) "Supported decision-making" means a process of supporting and accommodating an
adult to enable the adult to make life decisions, including decisions related to where the adult wants
to live,; the services, supports, and medical care the adult wants to receive,; with whom the adult
wants to live with,; and where the adult wants to work, without impeding the self-determination
of the adult.
     (9) "Supported decision-making agreement" or "the agreement" means an agreement
between a principal and a supporter entered into under this chapter.
     (10) "Supporter" means a person who is named in a supported decision-making agreement
and is not prohibited from acting pursuant to § 42-66.13-6(b).
     (11) "Support services" means a coordinated system of social and other services supplied
by private, state, institutional, or community providers designed to help maintain the independence
of an adult, including any of the following:
     (i) Homemaker-type services, including house repair, home cleaning, laundry, shopping,
and meal-provision;
     (ii) Companion-type services, including transportation, escort, and facilitation of written,
oral, and electronic communication;
     (iii) Visiting nurse and attendant care;
     (iv) Healthcare provision;
     (v) Physical and psychosocial assessments;
     (vi) Legal assessments and advisement;
     (vii) Education and educational assessment and advisement;
     (viii) Hands-on treatment or care, including assistance with activities of daily living, such
as bathing, dressing, eating, range of motion, toileting, transferring, and ambulation;
     (ix) Care planning; and
     (x) Other services needed to maintain the independence of an adult.
     SECTION 28. Section 45-62-5.1 of the General Laws in Chapter 54-62 entitled
“Confidentiality of Health Care Communications and Information Act” is hereby amended to read
as follows:
     45-62-5.1. Immunity from civil liability.
     Pascoag Reservoir Dam Management District created pursuant to this chapter shall be
immune from civil liability for any tort committed upon any lake bed the Pascoag Reservoir Dam
Management District may acquire, hold, use or lease pursuant to § 42-62-3 45-62-3.
     SECTION 29. Sections 1-40 of Article I of this act would take effect on December 31,
2020. Sections 1-29 of Article II of this act would take effect upon passage.
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LC005455
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