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art.005/4/005/3/005/2/005/1
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ARTICLE 5
RELATING TO CAPITAL DEVELOPMENT PROGRAM

     SECTION 1. Proposition to be submitted to the people.
     At the general election to be held on the Tuesday next after the first Monday in November
2022, there shall be submitted to the people ("People") of the State of Rhode Island ("State"), for
their approval or rejection, the following proposition:
     "Shall the action of the general assembly, by an act passed at the January 2022 session,
authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode
Island for the capital projects and in the amount with respect to each such project listed below be
approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in
accordance with the provisions of said act?"
     Project
     (1) University of Rhode Island Narragansett Bay Campus $100,000,000
     Provides one hundred million dollars ($100,000,000) to fund repairs and construct new
facilities on the University of Rhode Island's Narragansett Bay Campus in support of the
educational and research needs for the marine disciplines.
     (2) Rhode Island School Buildings $250,000,000
     Approval of this question will allow the state of Rhode Island to issue general obligation
bonds, refunding bonds, and/or temporary notes in an amount not to exceed two hundred fifty
million dollars ($250,000,000) to provide direct funding for school construction projects, such as
the construction of new school facilities and the rehabilitation of existing school facilities.
     (3) Green Economy Bonds $50,000,000
     Approval of this question will allow the State of Rhode Island to issue general obligation
bonds, refunding bonds, and/or temporary notes in an amount not to exceed fifty million dollars
($50,000,000) for environmental and recreational purposes, to be allocated as follows:
     (a) Municipal Resiliency $16,000,000
     Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)
matching grants to municipalities for restoring and/or improving resiliency of infrastructure,
vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected
to leverage significant matching funds to support local programs to improve community resiliency
and public safety in the face of increased flooding, major storm events, and environmental
degradation.
     (b) Small Business Energy Loan Program $5,000,000
     Provides five million dollars ($5,000,000) for grants for small businesses to remove
impediments to clean energy project implementation and would provide zero interest and below
market rate loans for clean energy projects.
     (c) Narragansett Bay and Watershed Restoration $3,000,000
     Provides three million dollars ($3,000,000) for activities to restore and protect the water
quality and enhance the economic viability and environmental sustainability of Narragansett Bay
and the state's watersheds. Eligible activities include nonpoint source pollution abatement,
including stormwater management; nutrient loading abatement; commercial, industrial and
agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.
     (d) Forest Restoration $3,000,000
     Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and
infrastructure on state properties, including state management areas.
     (e) Brownfields Remediation and Economic Development $4,000,000
     Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
to public, private, and/or nonprofit entities for brownfield remediation projects.
     (f) State Land Acquisition Program $3,000,000
     Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or
conservation easements to open space, farmland, watershed, and recreation lands.
     (g) Local Land Acquisition Matching Grant Program $2,000,000
     Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to
municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,
development rights, or conservation easements on open space and urban parklands.
     (h) Local Recreation Development Matching Grant Program $2,000,000
     Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants
to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode
Island.
     (i) Roger Williams Park and Zoo $12,000,000
     Provides twelve million dollars ($12,000,000) for Roger Williams Park and Zoo for the
construction of a state-of-the-art-carbon-neutral education center.
     SECTION 2. Ballot labels and applicability of general election laws.
     The Secretary of State shall prepare and deliver to the State Board of Elections ballot labels
for each of the projects provided for in Section 1 hereof with the designations "approve" or "reject"
provided next to the description of each such project to enable voters to approve or reject each such
proposition. The general election laws, so far as consistent herewith, shall apply to this proposition.
     SECTION 3. Approval of projects by people.
     If a majority of the People voting on the proposition in Section 1 hereof shall vote to
approve any project stated therein, said project shall be deemed to be approved by the People. The
authority to issue bonds, refunding bonds and/or temporary notes of the State shall be limited to
the aggregate amount for all such projects as set forth in the proposition, which has been approved
by the People.
     SECTION 4. Bonds for capital development program.
     The General Treasurer is hereby authorized and empowered, with the approval of the
Governor, and in accordance with the provisions of this act to issue capital development bonds in
serial form, in the name of and on behalf of the State of Rhode Island, in amounts as may be
specified by the Governor in an aggregate principal amount not to exceed the total amount for all
projects approved by the People and designated as "capital development loan of 2022 bonds."
Provided, however, that the aggregate principal amount of such capital development bonds and of
any temporary notes outstanding at any one time issued in anticipation thereof pursuant to Section
7 hereof shall not exceed the total amount for all such projects approved by the People. All
provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds."
     Capital development bonds issued under this act shall be in denominations of one thousand
dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the
United States which at the time of payment shall be legal tender for public and private debts. These
capital development bonds shall bear such date or dates, mature at specified time or times, but not
mature beyond the end of the twentieth State fiscal year following the fiscal year in which they are
issued; bear interest payable semi-annually at a specified rate or different or varying rates: be
payable at designated time or times at specified place or places; be subject to express terms of
redemption or recall, with or without premium; be in a form, with or without interest coupons
attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration
and other provisions as may be fixed by the General Treasurer, with the approval by the Governor,
upon each issue of such capital development bonds at the time of each issue. Whenever the
Governor shall approve the issuance of such capital development bonds, the Governor's approval
shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and
countersigned by Secretary of State and shall bear the seal of the State. The signature approval of
the Governor shall be endorsed on each bond.
     SECTION 5. Refunding bonds for 2022 capital development program.
     The General Treasurer is hereby authorized and empowered, with the approval of the
Governor, and in accordance with the provisions of this act, to issue bonds to refund the 2022
capital development program bonds, in the name of and on behalf of the state, in amounts as may
be specified by the Governor in an aggregate principal amount not to exceed the total amount
approved by the People, to be designated as "capital development program loan of 2022 refunding
bonds" (hereinafter "Refunding Bonds").
     The General Treasurer with the approval of the Governor shall fix the terms and form of
any Refunding Bonds issued under this act in the same manner as the capital development bonds
issued under this act, except that the Refunding Bonds may not mature more than twenty (20) years
from the date of original issue of the capital development bonds being refunded.
     The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and
net the underwriters' cost, and cost of bond issuance, shall, upon their receipt, be paid by the General
Treasurer immediately to the paying agent for the capital development bonds which are to be called
and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they are applied
to prepay the capital development bonds. While such proceeds are held in trust, the proceeds may
be invested for the benefit of the State in obligations of the United States of America or the State
of Rhode Island.
     If the General Treasurer shall deposit with the paying agent for the capital development
bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when
invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
principal, interest, and premium, if any, on the capital development bonds until these bonds are
called for prepayment, then such capital development bonds shall not be considered debts of the
State of Rhode Island for any purpose starting from the date of deposit of such monies with the
paying agent. The Refunding Bonds shall continue to be a debt of the State until paid.
     The term "bond" shall include "note," and the term "refunding bonds" shall include
"refunding notes" when used in this act.
     SECTION 6. Proceeds of capital development program.
     The General Treasurer is directed to deposit the proceeds from the sale of capital
development bonds issued under this act, exclusive of premiums and accrued interest and net the
underwriters' cost, and cost of bond issuance, in one or more of the depositories in which the funds
of the State may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such
capital development bond fund") appropriately designated for each of the projects set forth in
Section 1 hereof which shall have been approved by the People to be used for the purpose of paying
the cost of all such projects so approved.
     All monies in the capital development bond fund shall be expended for the purposes
specified in the proposition provided for in Section 1 hereof under the direction and supervision of
the Director of Administration (hereinafter referred to as "Director"). The Director or his or her
designee shall be vested with all power and authority necessary or incidental to the purposes of this
act, including but not limited to, the following authority: (a) to acquire land or other real property
or any interest, estate or right therein as may be necessary or advantageous to accomplish the
purposes of this act; (b) to direct payment for the preparation of any reports, plans and
specifications, and relocation expenses and other costs such as for furnishings, equipment
designing, inspecting and engineering, required in connection with the implementation of any
projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,
rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
improvements to land in connection with the implementation of any projects set forth in Section 1
hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
for repair, renovation or conversion of systems and structures as necessary for the 2022 capital
development program bonds or notes hereunder from the proceeds thereof. No funds shall be
expended in excess of the amount of the capital development bond fund designated for each project
authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section
1, the proceeds shall be used for the following purposes:
     Question 1, relating to bonds in the amount of one hundred million dollars ($100,000,000)
to fund repairs and construct new facilities on the University of Rhode Island's Narragansett Bay
Campus in support of the educational and research needs for the marine disciplines.
     Question 2, relating to bonds in the amount of two hundred fifty million dollars
($250,000,000) to provide funding for the construction, renovation, and rehabilitation of the state's
public schools pursuant to ยง 45-38.2-4 (f).
     Question 3, relating to bonds in the amount of fifty million dollars ($50,000,000) for
environmental and recreational purposes, to be allocated as follows:
     (a) Municipal Resiliency $16,000,000
     Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)
matching grants to municipalities for restoring and/or improving resiliency of infrastructure,
vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected
to leverage significant matching funds to support local programs to improve community resiliency
and public safety in the face of increased flooding, major storm events, and environmental
degradation.
     (b) Small Business Energy Loan Program $5,000,000
     Provides five million dollars ($5,000,000) for grants for small businesses to remove
impediments to clean energy project implementation and would provide zero interest and below
market rate loans for clean energy projects.
     (c) Narragansett Bay and Watershed Restoration $3,000,000
     Provides three million dollars ($3,000,000) for activities to restore and protect the water
quality and enhance the economic viability and environmental sustainability of Narragansett Bay
and the state's watersheds. Eligible activities include nonpoint source pollution abatement,
including stormwater management; nutrient loading abatement; commercial, industrial and
agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.
     (d) Forest Restoration $3,000,000
     Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and
infrastructure on state properties, including state management areas.
     (e) Brownfields Remediation and Economic Development $4,000,000
     Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
to public, private, and/or nonprofit entities for brownfield remediation projects.
     (f) State Land Acquisition Program $3,000,000
     Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or
conservation easements to open space, farmland, watershed, and recreation lands.
     (g) Local Land Acquisition Matching Grant Program $2,000,000
     Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to
municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,
development rights, or conservation easements on open space and urban parklands.
     (h) Local Recreation Development Matching Grant Program $2,000,000
     Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants
to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode
Island.
     (i) Roger Williams Park and Zoo $12,000,000
     Provides twelve million dollars ($12,000,000) for Roger Williams Park and Zoo for the
construction of a state-of-the-art-carbon-neutral education center.
     SECTION 7. Sale of bonds and notes.
     Any bonds or notes issued under the authority of this act shall be sold at not less than the
principal amount thereof, in such mode and on such terms and conditions as the General Treasurer,
with the approval of the Governor, shall deem to be in the best interests of the State.
     Any premiums and accrued interest, net of the cost of bond issuance and underwriter's
discount, which may be received on the sale of the capital development bonds or notes shall become
part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or regulation
to be used for some other purpose.
     In the event that the amount received from the sale of the capital development bonds or
notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be
used to the extent possible to retire the bonds as the same may become due, to redeem them in
accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the
approval of the Governor, shall deem to be in the best interests of the state.
     Any bonds or notes issued under the provisions of this act and coupons on any capital
development bonds, if properly executed by the manual or electronic signatures of officers of the
State in office on the date of execution, shall be valid and binding according to their tenor,
notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall
for any reason have ceased to hold office.
     SECTION 8. Bonds and notes to be tax exempt and general obligations of the State.
     All bonds and notes issued under the authority of this act shall be exempt from taxation in
the State and shall be general obligations of the State, and the full faith and credit of the State is
hereby pledged for the due payment of the principal and interest on each of such bonds and notes
as the same shall become due.
     SECTION 9. Investment of moneys in fund.
     All monies in the capital development fund not immediately required for payment pursuant
to the provisions of this act may be invested by the investment commission, as established by
Chapter 10 of Title 35, entitled "State Investment Commission," pursuant to the provisions of such
chapter; provided, however, that the securities in which the capital development fund is invested
shall remain a part of the capital development fund until exchanged for other securities; and
provided further, that the income from investments of the capital development fund shall become
a part of the general fund of the State and shall be applied to the payment of debt service charges
of the State, unless directed by federal law or regulation to be used for some other purpose, or to
the extent necessary, to rebate to the United States treasury any income from investments (including
gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed
necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal
income taxation.
     SECTION 10. Appropriation.
     To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to
pay the interest and principal due each year on bonds and notes hereunder is hereby annually
appropriated out of any money in the treasury not otherwise appropriated.
     SECTION 11. Advances from general fund.
     The General Treasurer is authorized, with the approval of the Director and the Governor,
in anticipation of the issue of notes or bonds under the authority of this act, to advance to the capital
development bond fund for the purposes specified in Section 6 hereof, any funds of the State not
specifically held for any particular purpose; provided, however, that all advances made to the
capital development bond fund shall be returned to the general fund from the capital development
bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from
the issue of notes or bonds to the extent of such advances.
     SECTION 12. Federal assistance and private funds.
     In carrying out this act, the Director, or his or her designee, is authorized on behalf of the
State, with the approval of the Governor, to apply for and accept any federal assistance which may
become available for the purpose of this act, whether in the form of loan or grant or otherwise, to
accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in
connection therewith, to act as agent for the federal government in connection therewith, or to
designate a subordinate so to act. Where federal assistance is made available, the project shall be
carried out in accordance with applicable federal law, the rules and regulations thereunder and the
contract or contracts providing for federal assistance, notwithstanding any contrary provisions of
State law. Subject to the foregoing, any federal funds received for the purposes of this act shall be
deposited in the capital development bond fund and expended as a part thereof. The Director or his
or her designee may also utilize any private funds that may be made available for the purposes of
this act.
     SECTION 13. Effective Date.
     Sections 1, 2, 3, 11, 12 and this Section 13 of this article shall take effect upon passage.
The remaining sections of this article shall take effect when and if the State Board of Elections shall
certify to the Secretary of State that a majority of the qualified electors voting on the proposition
contained in Section 1 hereof have indicated their approval of all or any projects thereunder.