loading…
loading…
loading…
========
LC004134/SUB A
========
IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026
A N A C T
MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2027
Introduced By: Representative Marvin L. Abney
Date Introduced: January 15, 2026
Referred To: House Finance
(Governor)
It is enacted by the General Assembly as follows:
1
ARTICLE 1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2027
2
ARTICLE 2
RELATING TO STATE FUNDS
3
ARTICLE 3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
4
ARTICLE 4
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
5
ARTICLE 5
RELATING TO CAPITAL DEVELOPMENT PROGRAM
6
ARTICLE 6
RELATING TO TAXES AND FEES
7
ARTICLE 7
RELATING TO EDUCATION
8
ARTICLE 8
RELATING TO MEDICAL ASSISTANCE
9
ARTICLE 9
RELATING TO LEASES
10
ARTICLE 10
RELATING TO HEALTH AND HUMAN SERVICES
11
ARTICLE 11
RELATING TO ENERGY
12
ARTICLE 12
RELATING TO HEALTH CARE
13
ARTICLE 13
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT
14
OF FY 2026
15
ARTICLE 14
RELATING TO EFFECTIVE DATE
======== LC004134/SUB A
========
=======
art.001/5/001/4/001/3/001/2/001/1
=======
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2027
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
this act, the following general revenue amounts are hereby appropriated out of any money in the
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2027.
The amounts identified for federal funds and restricted receipts shall be made available pursuant to
§ 35-4-22 and chapter 41 of title 42. For the purposes and functions hereinafter mentioned, the state
controller is hereby authorized and directed to draw the state controller’s orders upon the general
treasurer for the payment of such sums or such portions thereof as may be required from time to
time upon receipt by the state controller of properly authenticated vouchers.
Administration
Central Management
General Revenues 4,006,929
Restricted Receipts 853,701
Total - Central Management 4,860,630
Legal Services
General Revenues 2,998,750
Accounts and Control
General Revenues 650,061
Restricted Receipts
OPEB Board Administration 100,000
Grants Management Administration 1,726,550
Total - Accounts and Control 2,476,611
Office of Management and Budget
General Revenues 11,156,879
Federal Funds
Federal Funds 151,778
Federal Funds – Capital Projects Fund
CPF Administration 669,389
Federal Funds – State Fiscal Recovery Fund
1 Pandemic Recovery Office
682,668
2 Restricted Receipts
300,000
3 Other Funds
1,191,363
4 Total - Office of Management and Budget
14,152,077
5 Purchasing
6 General Revenues
1,911,346
7 Restricted Receipts
3,680,152
8 Other Funds
670,572
9 Total - Purchasing
6,262,070
10 Human Resources
11 General Revenues
701,698
12 Personnel Appeal Board
13 General Revenues
152,228
14 Information Technology
15 General Revenues
998,042
16 Restricted Receipts
1,124,485
17 Total - Information Technology
2,122,527
18 Library and Information Services
19 General Revenues
2,214,102
20 Federal Funds
1,639,564
21 Restricted Receipts
6,990
22 Total - Library and Information Services
3,860,656
23 Planning
24 General Revenues
1,126,048
25 Restricted Receipts
50,000
26 Other Funds
27 Air Quality Modeling
24,000
28 Federal Highway - PL Systems Planning
3,851,173
29 State Transportation Planning Match
670,918
30 FTA - Metro Planning Grant
1,571,094
31 Total - Planning
7,293,233
32 General
33 General Revenues
34 Miscellaneous Grants/Payments
3,980,821
1 Torts Court Awards
1,850,000
2 Wrongful Conviction Awards
900,000
3 Resource Sharing and State Library Aid
12,545,904
4 Library Construction Aid
2,097,515
5 Restricted Receipts
700,000
6 Other Funds
7 Rhode Island Capital Plan Funds
8 Security Measures State Buildings
950,000
9 Cranston Street Armory
100,000
10 State House Renovations
17,379,000
11 Zambarano Buildings and Campus
2,300,000
12 Replacement of Fueling Tanks
620,000
13 Environmental Compliance
225,000
14 Big River Management Area - Watershed
153,000
15 Shepard Building Upgrades
3,920,000
16 RI Convention Center Authority
2,825,000
17 Pastore Center Power Plant
3,500,000
18 DoIT Enterprise Operations Center
6,700,000
19 Cannon Building
3,925,000
20 Old State House
600,000
21 State Office Building
975,000
22 State Office Reorganization & Relocation
250,000
23 William Powers Building
2,600,000
24 Pastore Center Non-Hospital Buildings Asset Protection
6,250,000
25 Washington County Government Center
200,000
26 Chapin Health Laboratory
300,000
27 560 Jefferson Blvd Asset Protection
50,000
28 Arrigan Center
100,000
29 Civic Center
1,250,000
30 Veterans Auditorium
275,000
31 Pastore Center Hospital Buildings Asset Protection
1,750,000
32 Pastore Campus Infrastructure
20,000,000
33 Community Facilities Asset Protection
2,025,043
34 Medical Examiners Office
1,050,000
1 Group Home Replacement & Rehabilitation
5,000,000
2 Zambarano LTAC Hospital
2,000,000
3 Total - General
109,346,283
4 Debt Service Payments
5 General Revenues
174,878,354
6 Other Funds
7 Transportation Debt Service
27,630,704
8 Investment Receipts - Bond Funds
100,000
9 Total - Debt Service Payments
202,609,058
10 Rhode Island Health Benefits Exchange
11 General Revenues
12 General Revenues
1,389,227
13 Individual Market Affordability
21,994,393
14 Federal Funds
12,244,211
15 Restricted Receipts
18,863,602
16 Total - Rhode Island Health Benefits Exchange
54,491,433
17 Division of Equity, Diversity & Inclusion
18 General Revenues
2,198,317
19 Other Funds
116,324
20 Total - Division of Equity, Diversity & Inclusion
2,314,641
21 Capital Asset Management and Maintenance
22 General Revenues
12,140,265
23 Statewide Personnel and Operations
General Revenues
General Officer Transition Costs
464,000
26 Grand Total - Administration
426,246,160
27 Office of Energy Resources
28 Federal Funds
32,548,662
29 Restricted Receipts
38,536,799
30 Other Funds
31 National Electric Vehicle Infrastructure Formula Program
14,570,364
32 Rhode Island Capital Plan Funds
33 Energy Efficiency Improvements
1,000,000
34 Grand Total - Office of Energy Resources
86,655,825
1 Business Regulation
2 Central Management
3 General Revenues
4,138,236
4 Restricted Receipts
39,014
5 Total - Central Management
4,177,250
6 Banking Regulation
7 General Revenues
2,038,094
8 Restricted Receipts
100,000
9 Total - Banking Regulation
2,138,094
10 Securities Regulation
11 General Revenues
1,031,168
12 Insurance Regulation
13 General Revenues
5,406,581
14 Restricted Receipts
2,417,538
15 Total - Insurance Regulation
7,824,119
16 Office of the Health Insurance Commissioner
17 General Revenues
3,629,163
18 Federal Funds
19 Federal Funds
547,446
20 Rural Health Transformation Program
21,373,640
21 Restricted Receipts
612,142
22 Total - Office of the Health Insurance Commissioner
26,162,391
23 Board of Accountancy
24 General Revenues
5,490
25 Commercial Licensing and Gaming and Athletics Licensing
26 General Revenues
1,301,739
27 Restricted Receipts
1,277,843
28 Total - Commercial Licensing and Gaming and Athletics Licensing
2,579,582
29 Building, Design and Fire Professionals
30 General Revenues
9,490,874
31 Federal Funds
344,288
32 Restricted Receipts
2,763,579
33 Other Funds
34 Quonset Development Corporation
68,580
1 Rhode Island Capital Plan Funds
2 Fire Academy Expansion
962,000
3 Total - Building, Design and Fire Professionals
13,629,321
4 Grand Total - Business Regulation
57,547,415
5 RI Cannabis Control Commission
6 Restricted Receipts
7,619,341
7 Executive Office of Commerce
8 Central Management
9 General Revenues
1,917,540
10 Quasi-Public Appropriations
11 General Revenues
12 Rhode Island Commerce Corporation
8,506,041
13 Airport Impact Aid
1,010,036
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2026
at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island commerce
corporation shall make an impact payment to the towns or cities in which the airport is located
based on this calculation. Each community upon which any part of the above airports is located
shall receive at least $25,000.
23 STAC Research Alliance
900,000
24 I-195 Redevelopment District Commission
1,245,050
25 Polaris Manufacturing Grant
500,000
26 East Providence Waterfront Commission
50,000
27 Urban Ventures
140,000
28 Chafee Center at Bryant
476,200
29 Blackstone Valley Visitor Center
75,000
30 Industrial Recreational Building Authority Obligations
105,094
31 Other Funds
32 Rhode Island Capital Plan Funds
33 I-195 Redevelopment District Commission
1,000,000
34 I-195 Park Improvements
500,000
1 Quonset Infrastructure
2,500,000
2 Total - Quasi-Public Appropriations
17,007,421
3 Economic Development Initiatives Fund
4 General Revenues
5 Rebuild RI Tax Credit Fund
6,100,000
6 Destination Marketing
1,500,000
7 Innovation Initiative
1,000,000
8 Federal Funds
21,292,601
9 Total - Economic Development Initiatives Fund
29,892,601
10 Commerce Programs
11 General Revenues
12 Wavemaker Fellowship
1,016,621
13 Air Service Development Fund
2,728,800
14 Main Street RI Streetscape Improvement Fund
1,000,000
15 Provided that $150,000 shall support the Main Street Rhode Island program.
16 Total - Commerce Programs
4,745,421
17 Grand Total - Executive Office of Commerce
53,562,983
18 Housing
19 General Revenues
7,333,617
20 Provided that $200,000 shall support Sojourner House’s supportive housing and rapid
21 rehousing activities.
22 Federal Funds
19,300,731
23 Restricted Receipts
24,348,954
24 Other Funds
25 Rhode Island Capital Plan Funds
26 Housing Asset Protection
1,700,000
27 Grand Total - Housing
52,683,302
28 Labor and Training
29 Central Management
30 General Revenues
1,457,908
31 Restricted Receipts
423,851
32 Total - Central Management
1,881,759
Workforce Development Services
General Revenues 884,194
1 Federal Funds
17,651,272
2 Total - Workforce Development Services
18,535,466
3 Workforce Regulation and Safety
4 General Revenues
5,558,728
5 Income Support
6 General Revenues
3,733,778
7 Federal Funds
24,274,004
8 Restricted Receipts
5,047,984
9 Other Funds
10 Temporary Disability Insurance Fund
299,751,826
11 Employment Security Fund
296,100,000
12 Total - Income Support
628,907,592
13 Injured Workers Services
14 Restricted Receipts
12,566,297
15 Labor Relations Board
16 General Revenues
647,572
17 Governor’s Workforce Board
18 General Revenues
6,050,000
Provided that $600,000 of these funds shall be used for enhanced training for direct care
and support services staff to improve resident quality of care and address the changing health care
needs of nursing facility residents due to higher acuity and increased cognitive impairments
pursuant to § 23-17.5-36.
Federal Funds
Rural Health Transformation Program 7,033,505
Restricted Receipts 18,984,326
Provided that at least $150,000 of these funds shall be used to provide hospitality industry
workforce training grants including, but not limited to, certified food and alcohol safety training
programs offered in multiple languages.
29 Total - Governor’s Workforce Board
32,067,831
30 Grand Total - Labor and Training
700,165,245
31 Department of Revenue
32 Director of Revenue
33 General Revenues
2,929,554
34 Office of Revenue Analysis
1 General Revenues
1,203,684
2 Lottery Division
3 Other Funds
433,759,131
4 Municipal Finance
5 General Revenues
2,068,751
6 Taxation
7 General Revenues
39,387,176
8 Restricted Receipts
3,293,102
9 Other Funds
10 Motor Fuel Tax Evasion
175,000
11 Total - Taxation
42,855,278
12 Registry of Motor Vehicles
13 General Revenues
36,068,291
14 Federal Funds
300,000
15 Restricted Receipts
5,629,330
16 Total - Registry of Motor Vehicles
41,997,621
17 State Aid
18 General Revenues
19 Distressed Communities Relief Fund
15,825,029
20 Payment in Lieu of Tax Exempt Properties
49,049,142
21 Motor Vehicle Excise Tax Payments
244,341,241
22 Property Revaluation Program
826,038
23 Tangible Tax Exemption Program
25,908,469
24 Restricted Receipts
1,125,000
25 Total - State Aid
337,074,919
26 Collections
27 General Revenues
1,134,318
28 Grand Total - Revenue
863,023,256
29 Legislature
30 General Revenues
59,980,709
31 Restricted Receipts
2,785,548
32 Grand Total - Legislature
62,766,257
33 Lieutenant Governor
34 General Revenues
1,574,369
Secretary of State
Administration
General Revenues 6,097,668
Provided that $100,000 be allocated to support the Rhode Island Council for the
Humanities for grant making to civic and cultural organizations, and $50,000 to support Rhode
Island’s participation in the We the People Civics Challenge.
Corporations
General Revenues 2,794,958
State Archives
General Revenues 475,184
Restricted Receipts 393,474
Total - State Archives 868,658
Elections and Civics
General Revenues 3,238,148
Federal Funds 2,000,000
Total - Elections and Civics 5,238,148
State Library
General Revenues 680,710
Provided that $125,000 be allocated to support the Rhode Island Historical Society and
$18,000 be allocated to support the Newport Historical Society, pursuant to §§ 29-2-1 and 29-2-2,
and $25,000 be allocated to support the Rhode Island Black Heritage Society.
Office of Public Information
General Revenues 674,705
Receipted Receipts 25,000
Total - Office of Public Information 699,705
Grand Total - Secretary of State 16,379,847
General Treasurer
Treasury
General Revenues 3,465,294
Federal Funds 365,991
Other Funds
Temporary Disability Insurance Fund 252,905
Tuition Savings Program - Administration 377,716
Total - Treasury 4,461,906
1 State Retirement System
2 Restricted Receipts
3 Admin Expenses - State Retirement System
13,397,239
4 Retirement - Treasury Investment Operations
3,108,665
5 Defined Contribution - Administration
263,124
6 Total - State Retirement System
16,769,028
7 Unclaimed Property
8 Restricted Receipts
3,437,867
9 Crime Victim Compensation
10 General Revenues
952,526
11 Federal Funds
467,993
12 Restricted Receipts
228,827
13 Total - Crime Victim Compensation
1,649,346
14 Grand Total - General Treasurer
26,318,147
15 Board of Elections
16 General Revenues
9,147,157
17 Rhode Island Ethics Commission
18 General Revenues
2,556,898
19 Office of Governor
20 General Revenues
21 General Revenues
9,480,312
22 Contingency Fund
150,000
23 Grand Total - Office of Governor
9,630,312
24 Commission for Human Rights
25 General Revenues
2,358,433
26 Federal Funds
443,446
27 Grand Total - Commission for Human Rights
2,801,879
28 Public Utilities Commission
29 Federal Funds
759,025
30 Restricted Receipts
15,258,327
31 Grand Total - Public Utilities Commission
16,017,352
32 Office of Inspector General
33 General Revenues
1,300,000
34 Executive Office of Health and Human Services
Central Management
General Revenues
General Revenues 39,226,230
Provided that of this amount, $900,000 will be for mobile response and stabilization
services for uninsured and underinsured child and youth and cover services and costs not otherwise
reimbursed; and $1,600,000 is for the Newport Birthing Center.
7 All-Payer Claims Database
816,215
8 Health System Planning and Oversight
818,170
9 Medicaid Enterprise System
7,378,282
10 Medicaid Management Information System
7,815,983
11 Unified Health Infrastructure Project
38,651,742
12 Federal Funds
13 Federal Funds
77,644,743
14 All-Payer Claims Database
7,799,870
15 Health System Planning and Oversight
900,000
16 Medicaid Enterprise System
66,404,541
17 Medicaid Management Information System
28,514,366
18 Rural Health Transformation Program
68,846,651
19 Unified Health Infrastructure Project
73,628,976
20 Restricted Receipts
21 Restricted Receipts
7,173,162
22 Unified Health Infrastructure Project
150,000
23 Total - Central Management
425,768,931
24 Medical Assistance
25 General Revenues
26 Managed Care
477,869,128
27 Hospitals
147,687,861
28 Nursing Facilities
204,470,267
29 Home and Community Based Services
144,331,557
30 Other Services
134,942,412
31 Pharmacy
96,744,239
32 Rhody Health
278,954,745
33 Federal Funds
34 Managed Care
695,945,166
1 Hospitals
304,928,738
2 Nursing Facilities
279,255,418
3 Home and Community Based Services
195,784,539
4 Other Services
766,672,938
5 Pharmacy
355,761
6 Rhody Health
398,191,232
7 Other Programs
45,400,000
8 Restricted Receipts
10,939,274
9 Total - Medical Assistance
4,182,473,275
10 Grand Total – Executive Office of Health and Human Services
4,608,242,206
11 Children, Youth and Families
12 Central Management
13 General Revenues
22,380,243
Provided that $2.0 million of this amount shall be used solely for infrastructure and
capacity building activities necessary to comply with Medicaid transformation requirements. The
department shall establish a methodology to award funds based on demonstrated need and
documented costs, and shall utilize federal match for these expenses to the greatest extent possible.
Any unexpended or unencumbered balances as of June 30, 2027, are hereby reappropriated to the
19 following fiscal year.
20 Federal Funds
12,182,602
21 Total - Central Management
34,562,845
22 Children's Behavioral Health Services
23 General Revenues
9,152,509
24 Federal Funds
8,693,793
25 Total - Children's Behavioral Health Services
17,846,302
26 Youth Development Services
27 General Revenues
27,165,270
28 Federal Funds
308,087
29 Other Funds
30 Rhode Island Capital Plan Funds
31 Training School Asset Protection
250,000
32 Psychiatric Residential Treatment Facility Modifications
21,725,187
33 Total - Youth Development Services
49,448,544
34 Child Welfare
General Revenues 217,664,953
Federal Funds 90,225,437
Restricted Receipts 61,261
Total - Child Welfare 307,951,651
Higher Education Incentive Grants
General Revenues 200,000
Provided that these funds and any unexpended or unencumbered previous years’ funding
are to be used exclusively to fund awards to eligible youth.
Grand Total - Children, Youth and Families 410,009,342
Health
Central Management
General Revenues
General Revenues 2,175,312
Of this amount, $50,000 is to support the Gloria Gemma Breast Cancer Resource
Foundation and the organization’s new survivorship and well-being center in Lincoln, RI.
Psychiatry Resource Network 1,200,278
Federal Funds 4,545,892
Restricted Receipts 21,700,832
Total - Central Management 29,622,314
Community Health and Equity
General Revenues 2,452,952
Federal Funds 89,157,519
Restricted Receipts 63,187,377
Total - Community Health and Equity 154,797,848
Environmental Health
General Revenues 7,058,661
Federal Funds 14,034,394
Restricted Receipts 1,011,757
Total - Environmental Health 22,104,812
Health Laboratories
General Revenues 10,704,871
Federal Funds 2,627,831
Other Funds
Rhode Island Capital Plan Funds
1 Health Laboratories & Medical Examiner Equipment
400,000
2 Total - Health Laboratories
13,732,702
3 State Medical Examiners
4 General Revenues
4,559,163
5 Federal Funds
67,325
6 Total - State Medical Examiners
4,626,488
7 Healthcare Quality and Safety
8 General Revenues
10,298,205
9 Federal Funds
7,592,019
10 Restricted Receipts
1,160,202
11 Total - Healthcare Quality and Safety
19,050,426
12 Policy, Information and Communications
13 General Revenues
3,019,000
Provided that $400,000 of this amount and its corresponding federal match is used for loan
repayment assistance specifically for primary care physicians and pediatricians through the Health
Professional Loan Repayment Program authorized by § 23-14.1.
Federal Funds
18 Federal Funds
5,606,211
19 Rural Health Transformation Program
26,301,377
20 Restricted Receipts
839,044
21 Total - Policy, Information and Communications
35,765,632
22 Emergency Preparedness and Infectious Disease
23 General Revenues
2,425,829
24 Federal Funds
17,782,327
25 Total - Emergency Preparedness and Infectious Disease
20,208,156
26 COVID-19
27 Federal Funds
7,519,108
28 Grand Total - Health
307,427,486
29 Human Services
30 Central Management
31 General Revenues
9,084,531
Of this amount, $400,000 is to support the domestic violence prevention fund to provide
direct services through the Coalition Against Domestic Violence, $25,000 is for the Center for
Southeast Asians, $450,000 is to support Project Reach activities provided by the RI Alliance of
Boys and Girls Clubs, $300,000 is for outreach and supportive services through Day One,
$2,950,000 is for food collection and distribution through the Rhode Island Community Food Bank
of which $250,000 will be utilized to provide sub awards to other community food organizations,
$500,000 is for services provided to the homeless at Crossroads Rhode Island, $600,000 is for the
Community Action Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s
Reduction Strategy, $300,000 is to provide operational support to the United Way’s 211 system,
$150,000 is to support services provided to the immigrant and refugee population through Higher
Ground International, $50,000 is for services provided to refugees through the Refugee Dream
Center, $150,000 is for the Substance Use and Mental Health Leadership Council of RI, $25,000
is for services provided by Oasis International, $25,000 is for services provided by New Bridges
for Haitian Success and $200,000 is for Farm Fresh Rhode Island’s Bonus Bucks program.
Federal Funds 8,020,512
Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs.
Restricted Receipts 470,000
Total - Central Management 17,575,043
Child Support Enforcement
General Revenues 4,616,756
Federal Funds 9,346,913
Restricted Receipts 4,107,870
Total - Child Support Enforcement 18,071,539
Individual and Family Support
General Revenues 45,895,483
Federal Funds 118,750,234
Restricted Receipts 115,000
Other Funds
Rhode Island Capital Plan Funds
Blind Vending Facilities 165,000
Total - Individual and Family Support 164,925,717
Office of Veterans Services
General Revenues 37,094,041
Of this amount, $200,000 is to provide support services through veterans’ organizations,
$50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services
Officers (VSO) program through the Veterans of Foreign Wars.
Federal Funds 15,980,199
1 Restricted Receipts
1,410,115
2 Other Funds
3 Rhode Island Capital Plan Funds
4 Veterans Home Asset Protection
977,240
5 Veterans Memorial Cemetery Asset Protection
260,000
6 Total - Office of Veterans Services
55,721,595
7 Health Care Eligibility
8 General Revenues
12,476,503
9 Federal Funds
18,943,937
10 Total - Health Care Eligibility
31,420,440
11 Supplemental Security Income Program
12 General Revenues
16,752,300
13 Rhode Island Works
14 General Revenues
9,784,221
15 Federal Funds
89,509,493
16 Total - Rhode Island Works
99,293,714
17 Other Programs
18 General Revenues
6,076,792
19 Provided that $4,056,000 is to extend the retail supplemental nutrition assistance program
20 (SNAP) incentives pilot program pursuant to § 40-6-8.2.
21 Federal Funds
338,010,465
22 Restricted Receipts
8,000
23 Total - Other Programs
344,095,257
24 Office of Healthy Aging
25 General Revenues
17,291,725
Of this amount, $325,000 is to provide elder services, including respite, through the
Diocese of Providence; $100,000 is for ombudsman services provided by the Alliance for Long
Term Care in accordance with chapter 66.7 of title 42; and $1,800,000 is for Senior Services
Support and $730,000 is for elderly nutrition, of which $680,000 is for Meals on Wheels.
Federal Funds 19,861,555
Restricted Receipt 266,979
Other Funds
Intermodal Surface Transportation Fund 4,651,722
The Office shall reimburse the Rhode Island public transit authority for the elderly/disabled
transportation program expenses no later than fifteen (15) days of the authority’s submission of a
request for payment.
3 Total - Office of Healthy Aging
42,071,981
4 Grand Total - Human Services
789,927,586
5 Behavioral Healthcare, Developmental Disabilities and Hospitals
6 Central Management
7 General Revenues
10,757,305
8 Federal Funds
1,858,106
9 Restricted Receipts
1,836,349
10 Other Funds
11 Rhode Island Capital Plan Funds
12 Group Home Maintenance
5,000,000
13 Total - Central Management
19,451,760
14 Services for the Developmentally Disabled
15 General Revenues
241,044,033
16 Federal Funds
319,530,323
17 Restricted Receipts
1,300,866
18 Other Funds
19 Rhode Island Capital Plan Funds
20 DD Residential Support
100,000
21 Total - Services for the Developmentally Disabled
561,975,222
22 Behavioral Healthcare Services
23 General Revenues
6,415,175
24 Federal Funds
25 Federal Funds
27,480,137
26 Provided that $250,000 from Social Services Block Grant
funds is awarded to The
27 Providence Center to coordinate with Oasis Wellness and Recovery
Center for its support and
28 services program offered to individuals with behavioral health issues.
29 Rural Health Transformation Program
4,052,934
30 Restricted Receipts
4,358,875
Provided that $500,000 from the opioid stewardship fund is distributed equally to the seven
regional substance abuse prevention task forces to fund priorities determined by each task force.
Total - Behavioral Healthcare Services 42,307,121
Hospital and Community Rehabilitative Services
General Revenues 49,203,513
The department shall report monthly on the hospital census by campus and the number of
patients. The report shall include the total number of patients with coverage through Medicaid,
Medicare, commercial or private pay, with each group reported separately. The report shall also
include total funding collected from each source, including Medicare, private pay, and/or other
6 third-party sources.
7 Federal Funds
67,782,760
8 Restricted Receipts
4,817,874
9 Other Funds
10 Rhode Island Capital Plan Funds
11 Hospital Equipment
300,000
12 Total - Hospital and Community Rehabilitative Services
122,104,147
13 State of RI Psychiatric Hospital
14 General Revenues
34,884,686
15 Restricted Receipts
144,000
16 Other Funds
17 Rhode Island Capital Plan Funds
18 RISPH Equipment
100,000
19 Total - State of RI Psychiatric Hospital
35,128,686
20 Grand Total - Behavioral Healthcare,
21 Developmental Disabilities and Hospitals
780,966,936
22 Office of the Child Advocate
23 General Revenues
2,405,487
24 Commission on the Deaf and Hard of Hearing
25 General Revenues
835,904
26 Restricted Receipts
118,177
27 Grand Total - Comm. On Deaf and Hard-of-Hearing
954,081
28 Governor’s Commission on Disabilities
29 General Revenues
30 General Revenues
908,716
31 Livable Home Modification Grant Program
515,278
Provided that this will be used for home modification and accessibility enhancements to
construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
This will be in consultation with the executive office of health and human services. All unexpended
or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the ensuing fiscal
year, and made immediately available for the same purpose.
Federal Funds 340,092
Restricted Receipts 67,190
Grand Total - Governor’s Commission on Disabilities 1,831,276
Office of the Mental Health Advocate
General Revenues 1,111,709
Elementary and Secondary Education
Administration of the Comprehensive Education Strategy
General Revenues 38,180,321
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
Hospital pursuant to § 16-7-20; $395,000 be allocated to support child opportunity zones through
agreements with the department of elementary and secondary education to strengthen education,
health and social services for students and their families as a strategy to accelerate student
achievement; $450,000 and 3.0 full-time equivalent positions be allocated to support a special
education function to facilitate individualized education program (IEP) and 504 services; and
further provided that $130,000 be allocated to City Year for the Whole School Whole Child
Program, which provides individualized support to at-risk students.
Provided further that $2,000,000 shall be allocated for the Learn365RI program, of which
$100,000 shall be allocated to the Rhode Island Afterschool Network; $100,000 shall be allocated
to Teach for America Ignite; and $100,000 shall be allocated to Onward We Learn.
Provided further that $684,000 shall be allocated to the Paul V. Sherlock Center on
Disabilities to support the Rhode Island Vision Education and Services Program.
Provided further that $750,000 shall be used for the Support and Access to Bilingual
Education fund pursuant to § 16-54.1. Any unexpended balances as of June 30, 2027, are hereby
reappropriated to the following fiscal year.
Federal Funds
Federal Funds 258,048,406
Rural Health Transformation Program 4,838,988
Restricted Receipts
Restricted Receipts 1,839,203
HRIC Adult Education Grants 3,500,000
Other Funds
Rhode Island Capital Plan Funds
1 Norwell Academy Facility Feasibility Study
150,000
2 Total - Admin. of the Comprehensive Ed. Strategy
306,556,918
3 Davies Career and Technical School
4 General Revenues
21,093,905
5 Federal Funds
954,525
6 Restricted Receipts
4,932,231
7 Other Funds
8 Rhode Island Capital Plan Funds
9 Davies School HVAC
1,100,000
10 Davies School Asset Protection
750,000
11 Davies School Wing Renovation
23,500,000
12 Total - Davies Career and Technical School
52,330,661
13 RI School for the Deaf
14 General Revenues
9,039,339
15 Federal Funds
225,365
16 Restricted Receipts
1,597,000
17 Other Funds
18 Rhode Island Capital Plan Funds
19 School for the Deaf Asset Protection
968,691
20 Total - RI School for the Deaf
11,830,395
21 Metropolitan Career and Technical School
22 General Revenues
14,998,564
23 Other Funds
24 Rhode Island Capital Plan Funds
25 MET School Asset Protection
250,000
26 Total - Metropolitan Career and Technical School
15,248,564
27 Education Aid
28 General Revenues
1,315,077,322
Provided that the criteria for the allocation of early childhood funds shall prioritize pre-
kindergarten seats and classrooms for four-year - olds whose family income is at or below one
hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
with higher concentrations of low performing schools.
Restricted Receipts 49,781,920
Total - Education Aid 1,364,859,242
1 Central Falls School District
2 General Revenues
55,246,303
3 School Construction Aid
4 General Revenues
122,128,556
5 Teachers' Retirement
6 General Revenues
130,236,201
7 Grand Total - Elementary and Secondary Education
2,058,436,840
8 Public Higher Education
9 Office of Postsecondary Commissioner
10 General Revenues
36,251,979
Provided that $455,000 shall be allocated to Onward We Learn pursuant to § 16-70-5,
$75,000 shall be allocated to Best Buddies Rhode Island to support its programs for children with
developmental and intellectual disabilities. It is also provided that $8,141,437 shall be allocated to
the Rhode Island promise scholarship program, $151,410 shall be used to support Rhode Island’s
membership in the New England Board of Higher Education, $7,062,826 shall be allocated to the
Rhode Island hope scholarship program, and $100,000 shall be allocated to the Rhode Island
School for Progressive Education to support access to higher education opportunities for teachers
18 of color.
19 Federal Funds
6,877,602
20 Restricted Receipts
21 Restricted Receipts
8,358,299
22 Tuition Savings Program - Scholarships and Grants
3,460,000
23 Other Funds
24 Nursing Education Center - Operating
3,494,558
25 Rhode Island Capital Plan Funds
26 WEC Expansion - Annex Site
160,000
27 Total - Office of Postsecondary Commissioner
58,602,438
28 University of Rhode Island
29 General Revenues
30 General Revenues
119,498,120
Provided that in order to leverage federal funding and support economic development,
$700,000 shall be allocated to the small business development center, $150,000 shall be allocated
to the Institute for Labor Studies & Research, and $50,000 shall be allocated to Special Olympics
Rhode Island to support its mission of providing athletic opportunities for individuals with
1 intellectual and developmental disabilities.
2 Debt Service
32,853,856
3 RI State Forensics Laboratory
2,436,958
4 URI Medical School Planning
5,000,000
5 Other Funds
6 University and College Funds
860,035,628
7 Debt - Dining Services
744,557
8 Debt - Education and General
7,824,231
9 Debt - Health Services
6,148
10 Debt - Housing Loan Funds
14,186,125
11 Debt - Memorial Union
291,069
12 Debt - Ryan Center
2,363,789
13 Debt - Parking Authority
1,408,483
14 URI Restricted Debt Service - Energy Conservation
369,780
15 URI Debt Service - Energy Conservation
1,349,620
16 Rhode Island Capital Plan Funds
17 Asset Protection
15,236,863
18 Mechanical, Electric, and Plumbing Improvements
6,217,170
19 Fire Protection Academic Buildings
1,323,475
20 Bay Campus
16,853,278
21 Athletics Complex
21,361,818
22 Provided that total Rhode Island capital plan funds provide no more than 80.0 percent of
23 the total project.
24 Stormwater Management
1,437,519
25 PFAS Removal Water Treatment Plant
8,197,664
26 Campus Accessibility
1,700,000
27 Campus Access Control
1,575,000
28 Building Envelope Improvements
3,000,000
29 Total - University of Rhode Island
1,125,271,151
Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as
of June 30, 2027 relating to the university of Rhode Island are hereby reappropriated to fiscal year
2028.
Rhode Island College
General Revenues
1 General Revenues
72,723,265
2 Debt Service
9,159,563
3 Rhode Island Vision Education and Services Program
1,800,000
4 Other Funds
5 University and College Funds
135,027,602
6 Debt - Education and General
715,825
7 Debt - Student Union
212,025
8 Debt - Energy Conservation
785,625
9 Rhode Island Capital Plan Funds
10 Asset Protection
6,500,000
11 Infrastructure Modernization
5,675,000
12 Total - Rhode Island College
232,598,905
Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as
of June 30, 2027, relating to Rhode Island college are hereby reappropriated to fiscal year 2028.
Community College of Rhode Island
General Revenues
17 General Revenues
65,696,149
18 Debt Service
934,564
19 Restricted Receipts
998,534
20 Other Funds
21 University and College Funds
127,734,928
22 Rhode Island Capital Plan Funds
23 Asset Protection
3,369,452
24 Data, Cabling, and Power Infrastructure
5,500,000
25 Flanagan Campus Renovations
300,000
26 CCRI Renovation and Modernization Phase I
12,500,000
27 CCRI Renovation and Modernization Phase II - IV
2,440,000
28 CCRI Accessibility Improvements
125,000
29 Total - Community College of RI
219,598,627
Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as
of June 30, 2027, relating to the community college of Rhode Island are hereby reappropriated to
fiscal year 2028.
Grand Total - Public Higher Education 1,636,071,121
RI State Council on the Arts
General Revenues
Operating Support 1,370,565
Grants 1,240,000
Provided that $400,000 be provided to support the operational costs of WaterFire
Providence art installations.
Federal Funds 1,160,576
Other Funds
Art for Public Facilities 742,000
Grand Total - RI State Council on the Arts 4,513,141
RI Atomic Energy Commission
General Revenues 1,316,004
Restricted Receipts 25,036
Other Funds
URI Sponsored Research 335,818
Rhode Island Capital Plan Funds
Asset Protection 50,000
Grand Total - RI Atomic Energy Commission 1,726,858
RI Historical Preservation and Heritage Commission
General Revenues 1,856,433
Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions.
Federal Funds 893,987
Restricted Receipts 511,827
Other Funds
RIDOT Project Review 148,449
Grand Total - RI Historical Preservation and Heritage Comm. 3,410,696
Attorney General
Criminal
General Revenues 24,153,594
Federal Funds 3,089,426
Restricted Receipts 1,821,874
Total - Criminal 29,064,894
Civil
General Revenues 6,672,679
1 Federal Funds
132,429
2 Restricted Receipts
4,939,129
3 Total - Civil
11,744,237
4 Bureau of Criminal Identification
5 General Revenues
2,563,440
6 Restricted Receipts
1,344,780
7 Total - Bureau of Criminal Identification
3,908,220
8 General
9 General Revenues
5,979,584
10 Other Funds
11 Rhode Island Capital Plan Funds
12 Building Renovations and Repairs
2,675,000
13 Total - General
8,654,584
14 Grand Total - Attorney General
53,371,935
15 Corrections
16 Central Management
17 General Revenues
26,874,592
18 Parole Board
19 General Revenues
1,668,186
20 Custody and Security
21 General Revenues
187,294,597
22 Federal Funds
1,067,867
23 Other Funds
24 Rhode Island Capital Plan Funds
25 Intake Service Center HVAC
19,800,000
26 Total - Custody and Security
208,162,464
27 Institutional Support
28 General Revenues
39,460,059
29 Other Funds
30 Rhode Island Capital Plan Funds
31 Asset Protection
6,200,000
32 Total - Institutional Support
45,660,059
33 Institutional Based Rehab/Population Management
34 General Revenues
15,076,622
Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
discharge planning.
The director of the department of corrections shall provide to the speaker of the house and
president of the senate at least every ninety (90) days beginning September 1, 2022, a report on
efforts to modernize the correctional industries program. The report shall, at minimum, provide
data on the past ninety (90) days regarding program participation; changes made in programming
to more closely align with industry needs; new or terminated partnerships with employers,
nonprofits, and advocacy groups; current program expenses and revenues; and the employment
status of all persons on the day of discharge from department care who participated in the
correctional industries program.
Federal Funds 449,585
Restricted Receipts 1,250,000
Total - Institutional Based Rehab/Population Mgt. 16,776,207
Healthcare Services
General Revenues 40,978,629
Community Corrections
General Revenues 23,288,620
Restricted Receipts 3,091
Total - Community Corrections 23,291,711
Grand Total - Corrections 363,411,848
Judiciary
Supreme Court
General Revenues
General Revenues 40,098,334
Provided however, that no more than $1,393,545 in combined total shall be offset to the
public defender’s office, the attorney general’s office, the department of corrections, the department
of children, youth and families, and the department of public safety for square-footage occupancy
costs in public courthouses and further provided that $500,000 be allocated to the Rhode Island
Coalition Against Domestic Violence for the domestic abuse court advocacy project pursuant to §
12-29-7 and that $90,000 be allocated to Rhode Island Legal Services, Inc. to provide housing and
eviction defense to indigent individuals.
Defense of Indigents 7,875,432
Federal Funds 133,368
Restricted Receipts 4,296,657
Other Funds
Rhode Island Capital Plan Funds
3 Judicial Complexes - HVAC
500,000
4 Judicial Complexes Asset Protection
1,500,000
5 Judicial Complexes Fan Coil Unit Replacements
750,000
6 Garrahy Courthouse Restoration
1,125,000
7 Total - Supreme Court
56,278,791
8 Judicial Tenure and Discipline
9 General Revenues
190,901
10 Superior Court
11 General Revenues
31,703,969
12 Restricted Receipts
325,000
13 Total - Superior Court
32,028,969
14 Family Court
15 General Revenues
29,964,439
16 Federal Funds
5,061,224
17 Total - Family Court
35,025,663
18 District Court
19 General Revenues
18,246,180
20 Federal Funds
223,404
21 Restricted Receipts
60,000
22 Total - District Court
18,529,584
23 Traffic Tribunal
24 General Revenues
12,022,509
25 Workers' Compensation Court
26 Restricted Receipts
12,073,439
27 Grand Total - Judiciary
166,149,856
28 Military Staff
29 General Revenues
3,634,593
30 Federal Funds
48,998,537
31 Restricted Receipts
32 RI Military Family Relief Fund
55,000
33 RING Counterdrug Program
11,000
34 Other Funds
1 Rhode Island Capital Plan Funds
2 Aviation Readiness Center
7,603,990
3 Asset Protection
3,492,912
4 Grand Total - Military Staff
63,796,032
5 Public Safety
6 Central Management
7 General Revenues
2,858,706
Provided that $760,000 shall be allocated to support the Family Service of Rhode Island’s
GO Team program of on-scene support to children who are victims of violence and other traumas.
10 Federal Funds
11 Federal Funds
9,707,021
12 Federal Funds – State Fiscal Recovery Fund
13 Support for Survivors of Domestic Violence
64,786
14 Restricted Receipts
849,625
15 Total - Central Management
13,480,138
16 E-911 Emergency Telephone System
17 Restricted Receipts
10,527,015
18 Security Services
19 General Revenues
33,957,887
20 Municipal Police Training Academy
21 General Revenues
418,234
Provided that of this amount $75,000 shall be for administrative, information technology,
and operating expenses incurred by the Rhode Island Police Officers Commission on Standards
and Training (POST).
Federal Funds
191,992
26 Total - Municipal Police Training Academy
610,226
27 State Police
28 General Revenues
101,293,356
29 Federal Funds
6,268,585
30 Restricted Receipts
3,336,961
31 Other Funds
32 Airport Corporation Assistance
157,117
33 Road Construction Reimbursement
4,355,100
34 Weight and Measurement Reimbursement
655,646
1 Rhode Island Capital Plan Funds
2 DPS Asset Protection
1,345,000
3 Training Academy Upgrades
670,000
4 Total - State Police
118,081,765
5 Grand Total - Public Safety
176,657,031
6 Office of Public Defender
7 General Revenues
18,839,259
8 Federal Funds
85,035
9 Grand Total - Office of Public Defender
18,924,294
10 Emergency Management Agency
11 General Revenues
8,375,436
12 Federal Funds
52,235,300
13 Restricted Receipts
417,066
14 Other Funds
15 Rhode Island Capital Plan Funds
16 RI Statewide Communications Infrastructure
330,000
17 Mobile Command Post
3,218,908
18 Grand Total - Emergency Management Agency
64,576,710
19 Environmental Management
20 Office of the Director
21 General Revenues
10,627,948
Of this general revenue amount, $180,000 is appropriated to the conservation districts and
$100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a
veterinarian at the Wildlife Clinic of Rhode Island.
Federal Funds 376,495
Restricted Receipts 7,343,683
27 Total - Office of the Director
18,348,126
28 Natural Resources
29 General Revenues
32,864,994
30 Provided that of this general revenue amount, $150,000 is to be used for marine mammal
31 response activities in conjunction with matching federal funds.
32 Federal Funds
37,410,677
33 Restricted Receipts
6,962,400
1 DOT Recreational Projects
789,122
2 Blackstone Bike Path Design
1,000,000
3 Rhode Island Capital Plan Funds
4 Dam Repair
5,593,450
5 Fort Adams Rehabilitation
500,000
6 Port of Galilee
10,693,637
7 Newport Pier Upgrades
500,000
8 Recreation Facilities Asset Protection
750,000
9 Big River Management Area
593,000
10 Recreational Facilities Improvements
4,586,260
11 Natural Resources Office and Visitor's Center
2,586,709
12 Fish & Wildlife Maintenance Facilities
200,000
13 Marine Infrastructure/Pier Development
500,000
14 Total - Natural Resources
105,530,249
15 Environmental Protection
16 General Revenues
17,290,819
17 Federal Funds
13,416,965
18 Restricted Receipts
12,981,563
19 Other Funds
20 Transportation MOU
61,877
21 Total - Environmental Protection
43,751,224
22 Grand Total - Environmental Management
167,629,599
23 Coastal Resources Management Council
24 General Revenues
4,374,771
25 Federal Funds
3,151,314
26 Restricted Receipts
335,811
27 Other Funds
28 Rhode Island Capital Plan Funds
29 Confined Aquatic Dredged Material Disposal Cells
11,380,000
30 Grand Total - Coastal Resources Mgmt. Council
19,241,896
31 Transportation
32 Central Management
33 Federal Funds
13,891,263
1 Gasoline Tax
8,591,864
2 Total - Central Management
22,483,127
3 Management and Budget
4 Other Funds
5 Gasoline Tax
5,768,852
6 Infrastructure Engineering
7 Federal Funds
8 Federal Funds
765,084,339
9 Federal Funds – State Fiscal Recovery Fund
10 Washington Bridge Project
74,583
11 Restricted Receipts
4,459,559
12 Other Funds
13 Gasoline Tax
79,261,623
Provided that of this amount, $10,000,000 is appropriated to the Municipal Roads Grant
Program known as RhodeRestore to provide funding to municipalities for the construction and
maintenance of roads, sidewalks, and bridges. Provided that twenty-five percent (25%) of the funds
shall be distributed equally to each city and town, and seventy-five percent (75%) shall be allocated
proportionally based on each municipality’s share of municipally maintained road miles, as
determined by the most recent data available from the Rhode Island department of transportation.
Provided further that each municipality is required to provide a sixty-seven percent (67%) match.
Provided further that, at the discretion of the department, a portion of these funds may be used for
state sidewalk projects identified by the municipality and prioritized in collaboration with the
department, subject to a matching requirement to be established by the department.
Provided further that of this amount, sufficient funds from the Rhode Island public transit
authority’s share of gasoline tax proceeds shall be allocated to the state paratransit program,
including the expansion pilot program known as ride anywhere to ensure statewide paratransit
services are maintained.
28 Land Sale Revenue
6,113,850
29 Tolling Revenue
20,000,000
30 Rhode Island Capital Plan Funds
31 Highway Improvement Program
46,250,000
32 RIPTA - Kingston Station Mobility Hub
840,000
33 RIPTA - Pawtucket Bus Hub
63,428
34 RIPTA - Bus Shelter Renovation and Replacement
3,000,000
1 Bike Path Asset Protection
400,000
2 RIPTA - Land and Buildings
1,590,125
3 Total - Infrastructure Engineering
927,137,507
4 Infrastructure Maintenance
5 Other Funds
6 Gasoline Tax
54,501,743
The department of transportation will establish a municipal roadway database, which will
include information concerning the name, condition, length, roadway infrastructure, and pedestrian
features of each municipal roadway, updated annually by municipalities. The database will serve
as a comprehensive and transparent list of municipal roadway conditions.
11 Rhode Island Highway Maintenance Account
129,125,003
12 Rhode Island Capital Plan Funds
13 Maintenance Capital Equipment Replacement
1,800,000
14 Maintenance Facilities Improvements
500,000
15 Welcome Center
150,000
16 Salt Storage Facilities
1,150,000
17 Train Station Asset Protection
3,750,000
18 Total - Infrastructure Maintenance
190,976,746
19 Grand Total - Transportation
1,146,366,232
20 Statewide Totals
21 General Revenues
6,079,105,738
22 Federal Funds
5,734,588,379
23 Restricted Receipts
464,730,558
24 Other Funds
2,964,731,268
25 Statewide Grand Total
15,243,155,943
26 SECTION 2. Each line appearing in section
1 of this article
shall constitute an
27 appropriation.
SECTION 3. Upon the transfer of any function of a department or agency to another
department or agency, the governor is hereby authorized by means of executive order to transfer or
reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
thereby; provided, however, in accordance with § 42-6-5, when the duties or administrative
functions of government are designated by law to be performed within a particular department or
agency, no transfer of duties or functions and no re-allocation, in whole or part, or appropriations
and full-time equivalent positions to any other department or agency shall be authorized.
SECTION 4. From the appropriation for contingency shall be paid such sums as may be
required at the discretion of the governor to fund expenditures for which appropriations may not
exist. Such contingency funds may also be used for expenditures in the several departments and
agencies where appropriations are insufficient, or where such requirements are due to unforeseen
conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
for the payment of bills incurred due to emergencies or to any offense against public peace and
property, in accordance with the provisions of titles 11 and 45, as amended. All expenditures and
transfers from this account shall be approved by the governor.
SECTION 5. The general assembly authorizes the state controller to establish the internal
service accounts shown below, and no other, to finance and account for the operations of state
agencies that provide services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
a businesslike manner; promote efficient use of services by making agencies pay the full costs
associated with providing the services; and allocate the costs of central administrative services
across all fund types, so that federal and other non-general fund programs share in the costs of
general government support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the following
expenditure limitations:
Account Expenditure Limit
Accounts and Control Internal Service Fund 17,696,064
State Assessed Fringe Benefit Internal Service Fund 37,347,585
Administration Central Utilities Internal Service Fund 30,366,642
State Central Mail Internal Service Fund 9,226,608
State Telecommunications Internal Service Fund 3,489,512
State Automotive Fleet Internal Service Fund 21,689,836
Surplus Property Internal Service Fund 44,789
Health Insurance Internal Service Fund 377,363,571
Other Post-Employment Benefits Fund 41,748,856
Capitol Police Internal Service Fund 1,894,861
Corrections Central Distribution Center Internal Service Fund 8,819,385
Correctional Industries Internal Service Fund 8,587,104
Secretary of State Record Center Internal Service Fund 1,167,703
Human Resources Internal Service Fund 14,804,445
DCAMM Facilities Internal Service Fund 41,508,177
Information Technology Internal Service Fund 64,137,258
SECTION 6. The director of the department of administration shall exercise his powers
under chapter 11 of title 42 to centralize state fleet operations under the department as it relates to
light and medium duty vehicle management, in accordance with best practices.
SECTION 7. Legislative Intent - The general assembly may provide a written "statement
of legislative intent" signed by the chairperson of the house finance committee and by the
chairperson of the senate finance committee to show the intended purpose of the appropriations
contained in section 1 of this article. The statement of legislative intent shall be kept on file in the
house finance committee and in the senate finance committee.
At least twenty (20) days prior to the issuance of a grant or the release of funds, which
grant or funds are listed on the legislative letter of intent, all department, agency, and corporation
directors shall notify in writing the chairperson of the house finance committee and the chairperson
of the senate finance committee of the approximate date when the funds are to be released or
granted.
SECTION 8. Appropriation of Temporary Disability Insurance Funds -- There is hereby
appropriated pursuant to §§ 28-39-5 and 28-39-8 all funds required to be disbursed for the benefit
payments from the temporary disability insurance fund and temporary disability insurance reserve
fund for the fiscal year ending June 30, 2027.
SECTION 9. Appropriation of Employment Security Funds -- There is hereby appropriated
pursuant to § 28-42-19 all funds required to be disbursed for benefit payments from the employment
security fund for the fiscal year ending June 30, 2027.
SECTION 10. Appropriation of Lottery Division Funds -- There is hereby appropriated to
the lottery division any funds required to be disbursed by the lottery division for the purposes of
paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2027.
SECTION 11. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated
to the office of the general treasurer designated funds received under the collegeboundsaver
program for transfer to the division of higher education assistance within the office of the
postsecondary commissioner to support student financial aid for the fiscal year ending June 30,
2027.
SECTION 12. Departments and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
not include limited period positions or, seasonal or intermittent positions whose scheduled period
of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
do they include individuals engaged in training, the completion of which is a prerequisite of
employment. Provided, however, that the governor or designee, speaker of the house of
representatives or designee, and the president of the senate or designee may authorize an adjustment
to any limitation. Prior to the authorization, the state budget officer shall make a detailed written
recommendation to the governor, the speaker of the house, and the president of the senate. A copy
of the recommendation and authorization to adjust shall be transmitted to the chairman of the house
finance committee, senate finance committee, the house fiscal advisor, and the senate fiscal advisor.
State employees whose funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with the term limited to the availability of non-state
general revenue funding source.
FY 2027 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 657.6
Provided that no more than 442.1 of the total authorization would be limited to positions
that support internal service fund programs.
16 Office of Energy Resources
21.0
17 Business Regulation
161.0
18 Rhode Island Cannabis Control Commission
26.0
19 Executive Office of Commerce
5.0
20 Housing
31.0
21 Labor and Training
441.7
22 Revenue
605.5
23 Legislature
298.5
24 Office of the Lieutenant Governor
8.0
25 Office of the Secretary of State
63.0
26 Office of the General Treasurer
93.0
27 Board of Elections
13.0
28 Rhode Island Ethics Commission
12.0
29 Office of the Governor
45.0
30 Commission for Human Rights
15.0
31 Public Utilities Commission
57.0
32 Office of Inspector General
12.0
33 Executive Office of Health and Human Services
257.0
34 Children, Youth and Families
719.5
Health 572.6
Human Services 804.0
Office of Veterans Services 291.0
Office of Healthy Aging 33.0
Behavioral Healthcare, Developmental Disabilities and Hospitals 1,225.4
Provided that 18.0 of the total authorization would be limited to independent facilitator
positions to comply with the Consent Decree Addendum.
Office of the Child Advocate 13.0
Commission on the Deaf and Hard of Hearing 4.0
Governor’s Commission on Disabilities 5.0
Office of the Mental Health Advocate 6.0
Elementary and Secondary Education 156.1
Provided that 3.0 of the total authorization would be available only for positions that are
supported by the healthy environments advance learning grant at the school building authority.
School for the Deaf 61.0
Davies Career and Technical School 125.0
Office of Postsecondary Commissioner 48.0
Provided that 1.0 of the total authorization would be available only for positions that are
supported by third-party funds, 12.0 would be available only for positions at the state’s higher
education centers located in Woonsocket and Westerly, 10.0 would be available only for positions
at the nursing education center, and 9.0 would be available for the longitudinal data systems
program.
University of Rhode Island 2,871.0
Provided that 378.8 of the total authorization would be available only for positions that are
supported by third-party funds, and 450.0 would be available only for positions that support
auxiliary operations.
Rhode Island College 899.2
Provided that 76.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Community College of Rhode Island 809.1
Provided that 89.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island State Council on the Arts 10.0
RI Atomic Energy Commission 8.6
Historical Preservation and Heritage Commission 14.0
Office of the Attorney General 268.1
Corrections 1,411.0
Judicial 752.3
Military Staff 93.0
Emergency Management Agency 38.0
Public Safety 638.0
Office of the Public Defender 105.0
Environmental Management 440.0
Coastal Resources Management Council 32.0
Transportation 722.0
Total 15,997.2
No agency or department may employ contracted employee services where contract
employees would work under state employee supervisors without determination of need by the
director of administration acting upon positive recommendations by the budget officer and the
personnel administrator and fifteen (15) days after a public hearing.
Nor may any agency or department contract for services replacing work done by state
employees at that time without determination of need by the director of administration acting upon
the positive recommendations of the state budget officer and the personnel administrator and thirty
(30) days after a public hearing.
SECTION 13. The amounts reflected in this article include the appropriation of Rhode
Island capital plan funds for fiscal year 2027 and supersede appropriations provided for FY 2027
within Pub. L. 2025, ch. 278, art. 1, § 13.
The following amounts are hereby appropriated out of any money in the State’s Rhode
Island capital plan fund not otherwise appropriated to be expended during the fiscal years ending
26 June 30, 2028, June 30, 2029, June 30, 2030, and June 30, 2031. These amounts supersede
appropriations provided within Pub. L. 2025, ch. 278, art. 1, § 13.
For the purposes and functions hereinafter mentioned, the state controller is hereby
authorized and directed to draw the controller's orders upon the general treasurer for the payment
of such sums and such portions thereof as may be required by the controller upon receipt of properly
authenticated vouchers.
FY Ending FY Ending FY Ending FY Ending
33 Project 06/30/2028 06/30/2029 06/30/2030 06/30/2031
34 DOA – Civic Center 1,075,000 1,500,000 1,475,000 1,500,000
1
DOA – DoIT Enterprise Operations Center
5,200,000
200,000
200,000
200,000
2
DOA – Pastore Campus Infrastructure
20,000,000
20,000,000
20,000,000
20,000,000
3
DOA – Pastore Hospital Buildings
4
Asset Protection
8,250,000
500,000
500,000
500,000
5
DOA – Pastore Center Non-Hospital Buildings
6
Asset Protection
5,250,000
5,250,000
5,250,000
8,950,000
7
DOA – RI Convention Center Authority
2,500,000
2,000,000
2,000,000
2,500,000
8
DOA – Shepard Building Upgrades
5,325,000
3,135,000
2,250,000
2,250,000
9
DOA – State House Renovations
36,159,000
35,029,000
8,309,000
4,309,000
10
DOA – William Powers Building
3,850,000
1,700,000
200,000
200,000
11
DOA – Zambarano LTAC Hospital
24,427,656
24,155,740
26,065,740
21,804,439
12
EOC – I-195 Redevelopment Commission
400,000
0
0
0
13
SOS – Rhode Island Archives and History
14
Center
4,500,000
0
0
0
15
ELSEC – Davies School Wing Renovation
16,527,194
0
0
0
16
URI – Asset Protection
15,528,074
15,885,220
16,250,580
16,738,097
17
URI – Academic MEP Improvements
7,150,000
818,723
0
0
18
URI – Athletics Complex
982,053
0
0
0
19
URI – PFAS Removal Water Treatment Plant
8,000,000
0
0
0
20
URI – Building Envelope Improvements
3,000,000
3,000,000
3,000,000
3,000,000
21
URI – Campus Accessibility
1,000,000
1,000,000
1,000,000
1,000,000
22
RIC – Asset Protection
6,632,000
6,850,000
6,850,000
7,055,500
23
RIC – Infrastructure Modernization
5,925,000
5,925,000
6,061,275
6,243,113
24
CCRI – Asset Protection
2,780,000
2,870,000
2,936,010
3,024,090
25
CCRI – Accessibility Improvements
720,000
590,000
230,000
200,000
26
CCRI – Data, Cabling, and Power Infrastructure 4,500,000
3,700,000
3,365,980
0
27
CCRI – Flanagan Campus Renovations
5,250,000
2,683,954
300,505
0
28
CCRI – Renovation and Modernization Phase I
6,500,000
6,500,000
547,530
0
29
CCRI – Renovation and Modernization
30
Phase II
4,090,000
2,670,000
3,200,000
750,000
31
DOC – Asset Protection
4,100,000
4,100,000
4,100,000
4,100,000
32
DOC – HVAC
5,900,000
0
0
0
33
Military Staff – Asset Protection
1,120,000
2,220,831
3,253,820
3,548,675
34
Military Staff – Aviation Readiness Center
7,000,000
0
0
0
1 DPS – Training Academy Upgrades 690,000 975,000 600,000 150,000
2 DEM – Dam Repair 7,456,500 5,619,739 1,826,341 1,015,000
DEM – Natural Resources Offices and
Visitor's Center 1,300,000 100,000 100,000 100,000
DEM – Port of Galilee 5,375,000 6,600,000 8,800,000 5,146,499
DEM – Recreational Facilities Improvements 3,500,000 3,500,000 3,500,000 3,000,000
DOT – Highway Improvement Program 22,200,000 22,200,000 22,200,000 22,200,000
DOT – Bike Path Asset Protection 400,000 400,000 400,000 400,000
DOT – Maintenance Capital Equipment
Replacement 1,800,000 1,800,000 1,800,000 1,800,000
DOT – Salt Storage Facilities 1,500,000 1,500,000 1,500,000 1,500,000
DOT – RIPTA - Bus Shelter Renovation and
Replacement 3,000,000 3,000,000 3,000,000 3,000,000
DOT – RIPTA - Land and Buildings 1,310,125 560,000 500,000 500,000
SECTION 14. Reappropriation of Funding for Rhode Island capital plan fund projects.
Any unexpended and unencumbered funds from Rhode Island capital plan fund project
appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
purpose. However, any such reappropriations are subject to final approval by the general assembly
as part of the supplemental appropriations act. Any unexpended funds of less than five hundred
dollars ($500) shall be reappropriated at the discretion of the state budget officer.
SECTION 15. For the Fiscal Year ending June 30, 2027, the Rhode Island housing and
mortgage finance corporation shall provide from its resources such sums as appropriate in support
of the Neighborhood Opportunities Program. The corporation shall provide a report detailing the
amount of funding provided to this program, as well as information on the number of units of
housing provided as a result to the director of administration, the secretary of housing, the chair of
the house finance committee, the chair of the senate finance committee, and the state budget officer.
SECTION 16. Appropriation of Economic Activity Taxes in accordance with the city of
Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year
ending June 30, 2027, all state economic activity taxes to be collected pursuant to § 45-33.4-4, as
amended (including, but not limited to, the amount of tax revenues certified by the commerce
corporation in accordance with § 45-33.4-1(13)), for the purposes of paying debt service on bonds,
funding debt service reserves; paying costs of infrastructure improvements in and around the
ballpark district, arts district, and the growth center district; funding future debt service on bonds;
and funding a redevelopment revolving fund established in accordance with § 45-33-1.
SECTION 17. The appropriations from federal funds contained in section 1 shall not be
construed to mean any federal funds or assistance appropriated, authorized, allocated or
apportioned to the State of Rhode Island from the state fiscal recovery fund and capital projects
fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2027
except for those instances specifically designated.
The State fiscal recovery fund and capital projects fund appropriations herein shall be made
in support of the following projects:
Federal Funds - State Fiscal Recovery Fund
Department of Administration (DOA)
DOA- Pandemic Recovery Office. These funds shall be allocated to finance the pandemic
recovery office established within the department of administration.
Department of Public Safety (DPS)
DPS – Support for Survivors of Domestic Violence. These funds shall be allocated to invest
in the nonprofit community to provide additional housing, clinical and mental health services to
victims of domestic violence and sexual assault. This includes increased investments for therapy
and counseling, housing assistance, job training, relocation aid and case management.
Department of Transportation (DOT)
DOT - Washington Bridge Project. These funds shall support the non-federal share or
matching requirement on federal funds for priority transportation projects, including but not limited
to the Washington Bridge project.
Federal Funds - Capital Projects Fund
Department of Administration (DOA)
DOA - CPF Administration. These funds shall be allocated to the department of
administration to oversee the implementation of the capital projects fund award from the American
Rescue Plan Act.
SECTION 18. Reappropriation of Funding for State Fiscal Recovery Fund and Capital
Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered
federal funds from the state fiscal recovery fund and capital projects fund shall be reappropriated
in the ensuing fiscal year and made available for the same purposes. However, any such
reappropriations are subject to final approval by the general assembly as part of the supplemental
appropriations act.
SECTION 19. The pandemic recovery office shall monitor the progress and performance
of all programs financed by the state fiscal recovery fund and the capital projects fund. On or before
October 31, 2023 through April 30, 2025, the office shall provide a report to the speaker of the
house and senate president, with copies to the chairpersons of the house and senate finance
committees, on a quarterly basis and biannually thereafter until and including October 31, 2026,
identifying programs that are at risk of significant underspending or noncompliance with federal or
state requirements. The report, at a minimum must include an assessment of how programs that are
at risk can be remedied. In the event that any state fiscal recovery fund program underspends its
appropriation or receives program income as defined by U.S. Treasury and would put the state at
risk of forfeiture of federal funds, the governor may propose to reclassify unspent funds or program
income from the at-risk program to other eligible uses as determined by U.S. Treasury. This
proposal shall be referred to the general assembly. For a state fiscal recovery fund program, if the
amount of the underspend or receipt of program income is less than or equal to one million dollars
($1,000,000) and less than or equal to twenty percent (20%) of its total appropriation, the
governor’s proposed reclassification shall take effect immediately. For a state fiscal recovery fund
program, if the amount of the underspend or receipt of program income is greater than one million
dollars ($1,000,000) or greater than twenty percent (20%) of its total appropriation, the governor’s
proposed reclassification shall go into effect thirty (30) days after its referral to the general
assembly by the governor, unless rejected by formal action of the house and senate acting
concurrently within that time.
SECTION 20. The executive office of health and human services shall report on programs
supported by Rural Health Transformation program federal funds. Starting January 1, 2027, the
executive office shall provide a report to the speaker of the house and the president of the senate,
with copies to the chairpersons of the house and senate finance committees, on a quarterly basis
identifying the separate programs, progress made towards reaching the program goals, and
identifying any that are at risk of significant underspending or noncompliance with federal
requirements.
SECTION 21. This article shall take effect as of July 1, 2026, except as otherwise provided
herein.
=======
art.002/2/002/1
=======
RELATING TO STATE FUNDS
SECTION 1. Section 23-82-6 of the General Laws in Chapter 23-82 entitled
"Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as
follows:
(a) The proceeds from the auction or sale of the allowances shall be used for the benefit of
energy consumers through investment in the most cost-effective available projects that can reduce
long-term consumer energy demands and costs. Such proceeds may be used only for the following
purposes, in a proportion to be determined annually by the office in consultation with the council
and the board:
(1) Promotion of cost-effective energy efficiency and conservation in order to achieve the
13 purposes of § 39-1-27.7;
(2) Promotion of cost-effective renewable non-carbon emitting energy technologies in
Rhode Island as defined in § 39-26-5 and to achieve the purposes of chapter 26 of title 39 entitled
“Renewable Energy Standard”;
(3) Cost-effective direct rate relief for consumers;
(4) Direct rate relief for low-income consumers;
(5) Reasonable compensation to an entity selected to administer the auction or sale;
(6) Reasonable costs of the department of environmental management and office of energy
resources in administering this program, as well as other climate change, energy efficiency, and
renewable program efforts of the department of environmental management and office of energy
resources, which shall not in any year exceed three hundred thousand dollars ($300,000) or ten
percent (10%) of the proceeds from sale or auction of the allowances, whichever is greater.
Administrative funds not expended in any fiscal year shall remain in the administrative account to
be used as needed in subsequent years. The office of energy resources shall have the ability to apply
administrative funds not used in a fiscal year to achieve the purpose of this section. The funds
deposited into the administrative funds account shall be exempt from the indirect cost recovery
provisions of § 35-4-27;
(7) For fiscal year 2023 only, the office of energy resources shall transfer three million
dollars ($3,000,000) from unallocated auction proceeds to the executive climate change
coordinating council restricted receipt account to maintain funding for the existing electric vehicle
and electric bicycle incentive programs and to support other projects; and
(8) Provided however, effective for fiscal year 2024 and thereafter, sale of allowances
yielding in excess of four million five hundred thousand dollars ($4,500,000) per auction shall be
transferred to the Rhode Island office of energy resources, on behalf of the executive climate change
coordinating council, for climate change related initiatives. The executive climate change
coordinating council shall have exclusive authority to direct the use of these funds pursuant to §
42-6.2-3.1. The office of energy resources may act on behalf of the executive climate change
coordinating council to disburse these funds. Provided further, that any transfer of allowances in a
single fiscal year, pursuant to this section shall not exceed one million five hundred thousand
dollars ($1,500,000).
(b) Any interest earned on the funds so generated must be credited to the fund. Funds not
spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon
reduction programs.
(c) Annually, the office, in consultation with the council and board, shall prepare a draft
proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be
designed to augment and coordinate with existing energy efficiency and renewable energy
programs, and shall not propose use of auction proceeds for projects already funded under other
programs. The proposal for allocation of proceeds in subsections (a)(1), (2), and (3) shall be one
that best achieves the purposes of the law, namely, lowering carbon emissions and minimizing costs
to consumers over the long term. The office shall hold a public hearing and accept public comment
on the draft proposal in accordance with chapter 35 of title 42 (the “Administrative Procedures
Act”). Once the proposal is final, the office shall authorize the disbursement of funds in accordance
with the final plan.
Effective for fiscal year 2027 and thereafter, as part of the allocation process, the office is
hereby authorized and directed to consult annually and coordinate with the Rhode Island public
transit authority in determining the total funding required to match federal funds to purchase zero-
emission buses with zero tailpipe emissions. Of the agreed-upon amount, fifty percent (50%) shall
be allocated from the auction proceeds, and the remaining fifty percent (50%) shall be from
authority sources.
(d) The office shall prepare, in consultation with the council and board, a report by April
15 of each year describing the implementation and operation of RGGI, the revenues collected and
the expenditures, including funds that were allocated to the energy efficiency and renewable energy
programs, and the individuals, businesses, and vendors that received funding, made under this
section, the statewide energy efficiency and carbon reduction programs, and any recommendations
for changes to law relating to the state’s energy conservation or carbon reduction efforts. The report
shall be made public and be posted electronically on the website of the office of energy resources
and shall also be submitted to the general assembly.
SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"
is hereby amended to read as follows:
Indirect cost recoveries of fifteen percent (15%) of cash receipts shall be transferred from
all restricted receipt accounts, to be recorded as general revenues in the general fund. However,
there shall be no transfer from cash receipts with restrictions received exclusively: (1) From
contributions from nonprofit charitable organizations; (2) From the assessment of indirect cost-
recovery rates on federal grant funds; or (3) Through transfers from state agencies to the department
of administration for the payment of debt service. These indirect cost recoveries shall be applied to
all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
following restricted receipt accounts shall not be subject to the provisions of this section:
Executive Office of Health and Human Services
HIV Care Grant Drug Rebates
Health System Transformation Project
Rhode Island Statewide Opioid Abatement Account
HCBS Support-ARPA
HCBS Admin Support-ARPA
Department of Human Services
Organ Transplant Fund
Veterans’ home — Restricted account
Veterans’ home — Resident benefits
Pharmaceutical Rebates Account
Demand Side Management Grants
Veteran’s Cemetery Memorial Fund
Donations — New Veterans’ Home Construction
Commodity Supplemental Food Program-Claims
Department of Health
Pandemic medications and equipment account
Miscellaneous Donations/Grants from Non-Profits
State Loan Repayment Match
Healthcare Information Technology
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Eleanor Slater non-Medicaid third-party payor account
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Group Home Facility Improvement Fund
Commission on the Deaf and Hard of Hearing
Emergency and public communication access account
Department of Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks registration fees
De Coppet Estate Fund
Rhode Island Historical Preservation and Heritage Commission
Historic preservation revolving loan fund
Historic Preservation loan fund — Interest revenue
Department of Public Safety
E-911 Uniform Emergency Telephone System
Forfeited property — Retained
Forfeitures — Federal
Forfeited property — Gambling
Donation — Polygraph and Law Enforcement Training
Rhode Island State Firefighter’s League Training Account
Fire Academy Training Fees Account
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Forfeited property — Gambling
Department of Administration
Health Insurance Market Integrity Fund
RI Health Benefits Exchange
Information Technology restricted receipt account
Restore and replacement — Insurance coverage
Convention Center Authority rental payments
Investment Receipts — TANS
OPEB System Restricted Receipt Account
Grants Management Administration
Office of Energy Resources
OER Reconciliation Funding
RGGI Executive Climate Change Coordinating Council Projects
Electric Vehicle Charging Stations Operating and Maintenance Account
Clean Transportation Programs
Department of Housing
Housing Resources and Homelessness Restricted Receipt Account
Housing Production Fund
Low-Income Housing Tax Credit Fund
Department of Revenue
Car Rental Tax/Surcharge-Warwick Share
DMV Modernization Project
Jobs Tax Credit Redemption Fund
Legislature
Audit of federal assisted programs
Department of Children, Youth and Families
Children’s Trust Accounts — SSI
Military Staff
RI Military Family Relief Fund
RI National Guard Counterdrug Program
Treasury
Admin. Expenses — State Retirement System
Retirement — Treasury Investment Options
Defined Contribution — Administration - RR
Violent Crimes Compensation — Refunds
Treasury Research Fellowship
Business Regulation
Banking Division Reimbursement Account
Office of the Health Insurance Commissioner Reimbursement Account
Securities Division Reimbursement Account
Commercial Licensing and Racing and Athletics Division Reimbursement Account
Insurance Division Reimbursement Account
Historic Preservation Tax Credit Account
Rhode Island Cannabis Control Commission
Marijuana Trust Fund
Social Equity Assistance Fund
Judiciary
Arbitration Fund Restricted Receipt Account
Third-Party Grants
RI Judiciary Technology Surcharge Account
Department of Elementary and Secondary Education
Statewide Student Transportation Services Account
School for the Deaf Fee-for-Service Account
School for the Deaf — School Breakfast and Lunch Program
Davies Career and Technical School Local Education Aid Account
Davies — National School Breakfast & Lunch Program
School Construction Services
Office of the Postsecondary Commissioner
Tuition Savings Program Fund
Higher Education and Industry Center
IGT STEM Scholarships
Department of Labor and Training
Job Development Fund
Contractor Training Restricted Receipt Account
Workers’ Compensation Administrative Account
Rhode Island Uninsured Protection Fund
Rhode Island Council on the Arts
Governors’ Portrait Donation Fund
Statewide records management system account
SECTION 3. 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:
(a) The monies in the highway maintenance fund to be directed to the department of
transportation pursuant to § 39-18.1-4(b)(1) — (b)(3) shall be allocated through the transportation
improvement program process to provide the state match for federal transportation funds, in place
of borrowing, as approved by the state planning council. The expenditure of moneys in the highway
maintenance fund shall only be authorized for projects that appear in the state’s transportation
improvement program.
(b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the
department of transportation will allocate necessary funding to programs that are designed to
eliminate structural deficiencies of the state’s bridge, road, and maintenance systems and
infrastructure.
(c) Provided, that beginning July 1, 2015, through June 30, 2025, 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, that beginning July 1, 2025, through June 30, 2026, ten percent (10%) of
available proceeds in the Rhode Island highway maintenance account shall be allocated annually
to the Rhode Island public transit authority for operating expenditures.
(e) Provided, further, that from July 1, 2017, and annually thereafter through June 30, 2026 ,
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, except for the period July 1, 2019,
through June 30, 2022, during which such amount or a portion thereof may come from federal
coronavirus relief funds.
(f) Provided, further that beginning July 1, 2026, and annually thereafter, twenty-five
percent (25%) of available proceeds in the Rhode Island highway maintenance account shall be
allocated annually to the Rhode Island public transit authority for operating expenditures.
SECTION 4. This article shall take effect upon passage, except Section 2 which shall take
effect retroactively as of July 1, 2025.
=======
art.003/4/003/3/003/2/003/1
=======
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby amended by adding thereto the following chapter:
CHAPTER 9.4
OFFICE OF INSPECTOR GENERAL
(a)(1) There is hereby established an office of the inspector general (the "office") that shall
be an independent and nonpartisan administrative agency whose purpose shall be to investigate the
management and operation of agencies as it relates to the prevention and detection of fraud, waste,
abuse and mismanagement in the expenditure of public funds that harms the public interest.
(2) The jurisdiction, authorization, powers, and duties granted to the office pursuant to this
chapter shall be in addition to, and not in contravention of, any and all jurisdiction, authorization,
powers, and duties of the office of attorney general, any other state or local law enforcement
agency, or the auditor general.
(3) The general assembly shall make adequate appropriations to the office of inspector
general to enable effective operation and independence.
(b) The inspector general shall be appointed by the governor with the advice and consent
of the senate in accordance with § 42-9.4-4 and shall direct and supervise the work of the office as
follows:
(1) The inspector general shall establish the organizational structure appropriate to carry
out the functions and duties of the office and shall have the power to employ, promote, and remove
such deputies, assistants, employees, and personnel as deemed necessary for the efficient and
effective administration of the office.
(2) The inspector general may hire the necessary support staff, and designate a deputy
inspector general and other qualified staff with education or experience in relevant areas, such as
investigations, evidence collection, audits, compliance with laws and other requirements, or other
forms of oversight, enforcement, or government evaluation. Provided, further, the inspector general
29 may contract for services of technical experts, including legal counsel.
30 (3) Within three (3) years after being hired, investigative staff employed by the office shall
become certified by the Association of Inspectors General in at least one of the following fields:
(i) Investigation;
(ii) Auditing; or
(iii) Evaluation.
(c) Nothing in this chapter shall diminish, supersede, limit, or interfere with the statutory
responsibilities and authority of the auditor general as provided in § 22-13-4.
(d) The director of administration is hereby authorized and directed to provide suitable
quarters for the office of inspector general.
As used in this chapter:
(1) "Agency" means a separate agency or unit of state government created or established
by law and includes, but is not limited to, the following entities and officers of any authority, board,
branch, bureau, commission, committee, council, department, division, institution, office, public
corporation, or quasi-agency as the case may be.
Agency shall not mean and shall not include: (i) The legislative branch of state government
and any agency, committee, commission, or unit therein or thereof; or (ii) The judicial branch of
state government and any agency, committee, commission, or unit therein or thereof.
(2) "Contractor" means any person, corporation, partnership, business, committee, or other
organization entity or group of individuals, performing any tasks or duties as defined under a
written or oral contract with an agency.
(3) "Employee" means any person employed by an agency, including agency heads,
directors and commissioners.
(4) "Officer" means any person appointed to any agency.
(5) "Official" means any person elected to office within the executive branch of
government.
(6) "Public funds" means state, federal or local funds, either appropriated, non-appropriated
or given under right of grant.
To be eligible to be appointed as an inspector general, a candidate shall have, at a minimum,
the following qualifications:
(1) Hold a bachelor's degree or higher in criminal justice, public administration, law
enforcement, accounting, or a related area;
(2) Have at least ten (10) years of professional experience in auditing, investigations, law
enforcement, accounting, or a related area;
(3) Hold a professional certificate from the Association of Inspectors General, including
Certified Inspector General or Certified Inspector General Investigator; and
(4) Demonstrate a commitment to safeguarding the mission of public service. Candidates
must provide prior professional opinions, positions, or actions that may influence the candidate's
approach to the role, which will be subject to public disclosure to the extent permitted under law.
(a) There is hereby established a five (5) member independent advisory commission
comprised of the following individuals:
(1) Attorney general;
(2) General treasurer;
(3) Secretary of state;
(4) Executive director of the ethics commission; and
(5) President of the Association of Inspectors General, or designee.
(b) The commission shall immediately be charged with creating a process for the
application, interview and selection of suitable and qualified candidates as follows:
(1) The commission shall consider applicants for the position of inspector general, in
accordance with this chapter and without regard to political affiliation, on the basis of integrity,
capability for strong leadership and demonstrated ability in accounting, auditing, financial analysis,
law, public administration, investigations, criminal justice administration, or closely related fields.
(2) Within ninety (90) days of the effective date of this chapter, the commission shall
submit to the governor a list of three (3) qualified candidates for inspector general that the governor
shall give due consideration in appointing one individual from the list. Within ninety (90) days of
receiving the list, the governor shall submit to the senate for advice and consent one individual for
appointment as inspector general.
(3) Once confirmed by the senate, the inspector general shall serve for a term of five (5)
years and is eligible for reappointment for a second five (5) year term, in accordance with this
section.
(c) No inspector general may serve longer than two (2) five (5) year terms.
(d) The inspector general and employees shall be subject to chapter 14 of title 36 ("code of
ethics").
(e) Upon a mid-term vacancy of the inspector general, an interim inspector general shall
be appointed in accordance with this section.
(f) No inspector general, officer, or employee of the office of inspector general shall hold
or be a candidate for any other elective or appointed public office while serving as inspector
general.
(g) No inspector general, officer, or employee of the office of inspector general shall hold
a position in any political party, committee, or subcommittee, or participate in any political
campaign of any candidate for public office while serving as inspector general.
(h) Eligibility restriction. The following individuals shall not be nominated for inspector
general until one year after the last day of the individual's holding of any of the following
disqualifying positions:
(1) A member of the general assembly;
(2) Any other public office holder; or
(3) A cabinet secretary, a department director in the executive branch, or an individual of
equivalent standing within the executive branch.
(i) Removal. The person so appointed as inspector general may be removed from office for
cause by the governor prior to the expiration of his or her term. Cause may include substantial
neglect of duty, gross misconduct or conviction of a crime, whether or not it is related to official
work duties.
(a) The inspector general shall have jurisdiction over any official, officer, employee, or
agency in the executive branch of state government.
(b) The inspector general shall have the following duties:
(1) Investigate the management and operation of agencies to determine if there has been
evidence of fraud, waste, abuse, mismanagement, or any other abuse of governmental resources
that harms the public interest, whether through acts or omissions;
(2) Investigate retaliation claims regarding whistleblowers;
(3) Report suspected acts of fraud, waste, abuse or mismanagement against or within an
agency to the governor and, as appropriate to other state entities with jurisdiction over the matter;
(4) Conduct special investigations and management reviews of agencies at the request of
the governor;
(5) Establish procedures to receive, investigate, and resolve complaints, including
recommending whether disciplinary action or further investigation by appropriate local, state, or
federal agencies is warranted and taking further action as appropriate;
(6) Instruct and educate agencies on the detection and prevention of fraud, waste, abuse,
and mismanagement; conduct evaluations of relevant agency policies and procedures implicated
by any investigation and create a remedial action plan to prevent recurrences of fraud, waste, abuse,
or mismanagement that harm the public interest; and close an investigation when the inspector
general concludes there is insufficient evidence that a violation has occurred. Closure of any
investigation by the inspector general shall not bar the reopening of the investigation should
circumstances warrant;
(7) Act as a liaison to agencies to promote accountability, integrity, and efficiency in state
government;
(8) Maintain a statewide-toll-free telephone number, website, email address, and physical
mailing address for the receipt of complaints and inquiries;
(9) Work collaboratively, including through any memoranda of understanding, for the
purposes of efficiency, coordination, and avoidance of duplicative work with the attorney general,
local, state or federal law enforcement, the ethics commission, and the auditor general;
(10) Enter into contracts for audits or specialists needed to perform the duties outlined
herein. Provided, further, the inspector general shall coordinate with the auditor general to ensure
efficient utilization of available audit resources; and
(11) When formally requested by a municipal government through a city or town council
resolution, the inspector general may accept a request from a municipality to investigate concerns
regarding fraud, waste, abuse, or mismanagement of state or municipal government funds. All the
powers, duties and procedures of the inspector general set forth in this chapter for investigation of
agencies shall apply to any investigation related to a municipality.
(a) The inspector general shall accept and may investigate complaints or information from
any individual or entity concerning the possible existence of any activity constituting alleged fraud,
waste, abuse, and mismanagement relating to any agency as defined herein.
(b) The inspector general shall not, after receipt of a complaint or information from an
employee, contractor, or private citizen who requests confidentiality, disclose the identity of that
individual, without the written consent of the individual, unless the inspector general determines
such disclosure is necessary and unavoidable during the course of an investigation. In such event,
the individual filing the complaint shall be notified immediately, if possible, of such disclosure
which shall be in accordance with applicable law.
(c) The inspector general shall not investigate complaints from employees that relate to
their employment relationship with the agency, unless the complaint is directly related to fraud,
waste, abuse, or mismanagement or abuse of governmental resources that harms the public interest.
(d) The inspector general may decline to investigate a complaint as provided by the rules
and regulations adopted pursuant to this chapter. If the inspector general declines to investigate a
complaint, he or she shall notify the complainant of the decision not to investigate and the basis for
that determination.
(e) The inspector general may refer a complaint under this chapter to the attorney general;
local, state or federal law enforcement, the auditor general, or the ethics commission.
(f) The inspector general may not levy a fee for the submission or investigation of a
complaint.
(g) The inspector general shall remain neutral and impartial and may not act as an advocate
for the complainant or for the agency.
(h) The inspector general shall adhere to professional standards for initiating and
conducting investigations, such as the Principles and Standards for Offices of Inspector General
promulgated by the Association of Inspectors General. Additionally, the office of inspector general
shall be a member of the Association of Inspectors General and participate in the peer review
program of the association as part of the established quality control procedures adopted by the
office.
(a) At the conclusion of the investigation of each complaint:
(1) Report. Upon the conclusion of an investigation that results in a finding of fraud, waste,
abuse or mismanagement but prior to issuing a decision, the inspector general shall issue a report
or letter to the agency subject to the investigation, the office of the governor, the attorney general,
the speaker of the house of representatives, the president of the senate and shall release to the public
any such report unless the public release of such report would compromise a pending criminal
investigation noted in the report and known to the inspector general or otherwise be exempt from
disclosure pursuant to chapter 2 of title 38 ("access to public records");
(i) The director of each agency may, within sixty (60) days of receipt of said report,
comment upon any references to the agency contained within the report. The comment, if any, shall
be forwarded to the governor, the attorney general, the speaker of the house of representatives, the
president of the senate, and the office of inspector general.
(2) Decision. The inspector general shall issue a decision on the merits of the complaint,
including his or her recommendations, and the decision shall be posted on the inspector general's
website;
(i) Where the investigation finds that there has been or continues to be fraud, waste, abuse,
mismanagement, or other abuse of governmental resources that harms the public interest or that
there is evidence of a crime, the inspector general shall communicate its findings and decision to
the attorney general, local, state or federal law enforcement, or the auditor general;
(ii) If the complaint is about an employee of an agency or a contractor and the investigation
found no evidence of wrongdoing, the inspector general shall ensure that the public decision does
not contain the name of the individual investigated without the written permission of that
individual.
(b) Before announcing a decision, the inspector general shall do all of the following:
(1) Consult with the agency and as appropriate, the employee or contractor regarding the
decision;
(2) Provide an opportunity for each person who is the subject of the decision to respond in
writing to the decision within five (5) business days and any response shall be made available to
the public when the decision is released. Provided, however, this does not allow an individual
consulted by the inspector general before an announcement to hinder, prevent, or delay the
inspector general's announcement of a decision.
(c) In the decision, the inspector general may recommend that the agency:
(1) Consider the matter further;
(2) Modify or cancel an action or practice;
(3) Alter a rule, practice, or decision;
(4) Explain in detail the administrative action in question; or
(5) Rectify an omission.
(6) The inspector general shall communicate his or her decision to the complainant, the
agency investigated, and as appropriate, the employee investigated, and the decision shall be posted
on the inspector general's website.
(d) Where the inspector general has discovered fraudulent acts and believes that civil
recovery proceedings may be appropriate, the matter shall be referred to the attorney general.
(1) The attorney general may, upon such referral, institute whatever proceedings it deems
appropriate, including referring the matter to another state or local agency, authorizing the initiation
of appropriate civil proceedings by the inspector general, retaining the matter for further
investigation, or remanding the matter back to the inspector general for further investigation.
(2) If the attorney general declines to take action pursuant to this section, the inspector
general shall have the authority to institute a civil recovery action upon the authorization of the
attorney general.
(e) The public release of the inspector general's decision shall not contain information that
is found to be confidential and/or exempt from disclosure pursuant to this chapter or other
applicable laws, including chapter 2 of title 38 ("access to public records").
(f) Investigator records, including, but not limited to, communications that include the
investigative record may be deemed confidential and exempt from disclosure pursuant to chapter 2
of title 38 ("access to public records") or other applicable laws.
(a) Agencies shall cooperate with any investigation conducted pursuant to this chapter, and
the inspector general shall have reasonable access to an agency's records as necessary to conduct a
full investigation of a complaint including, but not limited to, the following:
(1) Access to records in the possession of a grantee or contractor;
(2) The opportunity to interview an employee or any other individual who may have
knowledge relating to the complaint under investigation.
(b) The inspector general may inspect and copy all relevant information, records, or
documents that the inspector general considers reasonably necessary in an investigation of a
complaint under this chapter.
(c) The inspector general is authorized to interview any official, officer, or employee
serving in the agency and may inspect and copy any book, record, paper, or electronic file in the
possession of the agency, taking care to preserve the confidentiality of the information.
(d) Any knowing failure of any official, officer, or employee to comply with an
investigation made pursuant to this chapter or the knowing provision of false information during
an investigation or the destruction or attempted destruction of any relevant materials may be subject
to criminal, civil, and/or administrative penalties.
(a) In performing an investigation authorized by this chapter, the inspector general shall
have the authority to administer or take from any person an oath, examine witnesses under oath,
and issue any subpoenas necessary to compel the attendance of witnesses and the production of all
books, records, papers, electronic and tangible items that constitute or contain evidence which the
inspector general finds reasonably relevant or material to the investigation, affirmation, or affidavit,
whenever necessary to perform his or her duties.
(b) Service of any subpoena issued under this chapter shall be made by any designated
person. Service upon a natural person may be made by personal delivery of the subpoena to that
person. Subpoenas may also be served upon a natural person by registered or certified mail and the
return receipt shall constitute prima facie proof of service. Service to a natural person may also be
made by serving as the person's counsel of record. Service may be made upon a domestic or foreign
corporation by delivering the subpoena to an officer, to a managing or general agent, or to any other
agent authorized by appointment or by law to receive service of process. A subpoena requiring the
attendance of a witness may be served at any place within the state and furthermore, process may
be served at any place within the state.
(c) In the case of a refusal to obey any issued subpoena, the inspector general may request
that the attorney general petition the superior court to compel compliance with the subpoena. The
attorney general may petition the court upon such request by the inspector general.
(d) Upon filing of the petition, the court may enter an order directing the individual to
appear before the court at a specified time and place and then and there show cause why they had
not attended, answered questions under penalty of perjury, or produced the requested items as
required by the subpoena. If it appears to the court that the subpoena was properly issued by the
inspector general, the court may enter an order that the person named in the subpoena appear at the
time and place fixed in the order and answer questions under penalty of perjury or produce the
requested items as required. Upon failure to obey the court order, the person may be subject to
contempt of court.
(e) Nothing in this section shall limit or alter a person's existing rights or protections under
state or federal law.
The office shall promulgate rules and regulations which shall govern its proceedings and
operation pursuant to chapter 35 of title 42 ("administrative procedures").
(a) The inspector general shall, no later than April 1 and every year thereafter, file a written
report summarizing the activities of the office for the prior calendar year. The office may also
prepare and file interim reports. These reports shall be forwarded to the governor, lieutenant
governor, attorney general, secretary of state, general treasurer, the speaker of the house, the
president of the senate and the auditor general, and shall be made available to the public.
(b) The report shall include, but not be limited to:
(1) A description of investigations undertaken related to fraud, waste, abuse, or
mismanagement within agencies;
(2) A description of any recommendations for corrective action made by the office during
the reporting period with respect to significant deficiencies in the areas of fraud, waste, abuse or
mismanagement;
(3) The identification of each significant recommendation described in previous annual
reports on which corrective action has not been completed;
(4) A summary of matters referred to prosecuting authorities and the status of said referrals;
(5) A summary of matters concerning recovery of monies as a result of civil action
undertaken by the office or after a referral to the attorney general; and
(6) A list of all audit reports completed by the office during the reporting period.
(c) The report of the inspector general shall be made public on the day of the filing. Where
no official disposition has been made by the office, the attorney general, or other law enforcement
agencies, the report shall not list the names of individuals or corporations, nor describe them with
sufficient particularity as to readily identify them to the general public.
The inspector general shall comply with all budget submission requirements set forth in
chapter 3 of title 35 ("state budget").
(a) No agency, officer, or official shall take action against an official, officer, or employee
for disclosing or threatening to disclose the existence of any activity constituting waste, fraud,
abuse, or mismanagement to the inspector general, unless the disclosure or threatened disclosure
was made with knowledge that the disclosure was false or was made with willful disregard for its
truth or falsity.
(b) Any report disclosed by the office may differ from the complete written report in that
the inspector general shall have the discretion to redact or otherwise protect the names of
complainants and witnesses, or other information that, if not redacted, might compromise the
identity of a complainant or witness.
(c) The provisions chapter 50 of title 28 ("the Rhode Island whistleblowers' protection act")
shall be afforded to persons including, but not limited to, employees, reporting information under
this chapter.
If any provision of this chapter or the application thereof to any individual or circumstance
is held invalid, such invalidity shall not affect the other provisions or applications of this chapter,
which can be given effect without the invalid provision or application, and to this end the provisions
of this chapter are declared to be severable.
SECTION 2. Section 39-18-2 of the General Laws in Chapter 39-18 entitled "Rhode Island
Public Transit Authority" is hereby amended to read as follows:
(a) There is hereby created a body corporate and politic to be known as the “Rhode Island
public transit authority” (hereinafter “RIPTA”).
(b) The authority shall consist of nine (9) members, one of whom shall be the director of
the department of transportation, or the director’s designee, who shall serve as an ex officio
member, and eight (8) of whom shall be appointed by the governor with the advice and consent of
the senate, with at least one of the eight (8) being a regular user of fixed-route RIPTA transportation
and at least one of the eight (8) being a person with a disability. The governor shall achieve a
diverse membership in the board and shall give due consideration to recommendations for
nominations from the RIPTA Riders Alliance, the National Federation of the Blind of Rhode Island,
the Gray Panthers of Rhode Island, the Sierra Club of Rhode Island, the Rhode Island AFL-CIO,
the RIPTA Transportation Advisory Committee, the Rhode Island business community, the
Amalgamated Transit Union, and the Rhode Island League of Cities and Towns. No one shall be
eligible for appointment unless he or she is a resident of this state.
(c) Those members of the authority as of the effective date of this act [June 16, 2006] who
were appointed to the authority by members of the board of the general assembly shall cease to be
members of the authority on the effective date of this act [June 16, 2006], and the governor shall
thereupon nominate two (2) members, each of whom shall serve the balance of the unexpired term
of their predecessor. Those members of the authority as of the effective date of this act [June 16,
2006] who were appointed to the authority by the governor shall continue to serve the balance of
their current terms. Thereafter, during the month of January in each year, the governor shall appoint
members to succeed the departing members. The newly appointed members shall serve for a term
of three (3) years, commencing on the day they are qualified. In the event of a vacancy occurring
in the membership, the governor, with the advice and consent of the senate, shall appoint a member
for the unexpired term. Any member of the authority shall be eligible for reappointment.
(d) Each member of the authority, before entering upon the member’s duties, shall take an
oath to administer the duties of the member’s office faithfully and impartially, and the oath shall
be filed in the office of the secretary of state.
(e) The director of the department of transportation shall serve as chairperson. The
authority shall elect one of its members to serve as chairperson, who shall not be the director of the
department of transportation. The authority shall also elect a secretary and such other officers as it
deems necessary.
(f) Five (5) members of the authority shall constitute a quorum. The affirmative vote of a
majority of the members present and voting shall be necessary for any action taken by the authority.
No vacancy in the membership of the authority shall impair the right of a quorum to exercise all
the rights and perform all the duties of the authority.
(g) The members of the authority shall receive no compensation, but shall be reimbursed
for their actual expenses necessarily incurred in the performance of their duties.
(h) No member of the authority shall be in the employ of, or own any stock in, or be in any
way directly or indirectly pecuniarily interested in any railroad corporation, bus, or street railway
company; nor shall any member of the authority personally, or through a partner or agent, render
any professional service or make or perform any business contract with or for any company; nor
shall any member of the authority, directly or indirectly, receive a commission, bonus, discount,
present, or reward from any company.
(i) Members of the authority shall be removable by the governor pursuant to the provisions
of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to
capacity or fitness for the office shall be unlawful.
(j) The authority shall conduct a training course for newly appointed and qualified members
within six (6) months of their qualification or designation. The course shall be developed by the
general manager of the authority, be approved by the authority, and be conducted by the general
manager of the authority. The authority may approve the use of any authority and/or staff members
and/or individuals to assist with training. The training course shall include instruction in the
following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title
38; and the authority’s rules and regulations. The director of the department of administration shall
be responsible for the enforcement of the provisions of this subsection.
SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby amended by adding thereto the following chapter:
CHAPTER 13.2
RHODE ISLAND DEPARTMENT OF TRANSPORTATION EFFICIENCY AND
PERFORMANCE AUDIT ACT
As used in this chapter:
(1) “Department” means the Rhode Island department of transportation.
(2) “DOA” means the Rhode Island department of administration.
(3) “Audit” means an independent efficiency and performance audit conducted in
accordance with this chapter.
(4) “Peer state” means a state transportation agency selected for benchmarking based on
geography, climate, system size, and procurement framework.
(a) The Office of Internal Audit and Program Integrity within DOA shall commission an
efficiency and performance audit of the department.
(b) The audit shall be completed on or before March 15, 2027.
(a) The audit shall include, but not be limited to, the following areas:
(1) Asset management, including pavement, bridges, culverts, intelligent transportation
systems assets, backlog replacement needs, and lifecycle cost analysis; and
(2) Maintenance efficiency, including cost per lane-mile, snow and ice operations
productivity, maintenance productivity, and equipment utilization;
(b) The audit pursuant to this section shall be separate and independent of any audit
conducted by the auditor general pursuant to chapter 13 of title 22 (“auditor general”).
The audit conducted pursuant to § 42-13.2-2 shall assess maintenance and operations
efficiency, including:
(1) Cost per lane-mile by district;
(2) Salt and chemical usage normalized by lane-mile and weather severity;
(3) Vehicle and equipment availability and downtime;
(4) Maintenance backlog tracking; and
(5) Overtime utilization and patterns.
(a) Upon completion, the audit shall be submitted to:
(1) The governor;
(2) The president of the senate;
(3) The speaker of the house of representatives; and
(4) The chairs of the house and senate finance committees.
(b) The final audit report shall be made publicly available on the DOA’s website.
The department shall cooperate fully with the audit and provide access to all records, data,
contracts, and personnel reasonably necessary to complete the audit.
SECTION 4. Chapter 42-14 of the General Laws entitled "Department of Business
Regulation" is hereby amended by adding thereto the following section:
(a) The department shall include a report that reviews, analyzes, and assesses functions
related to electronic permitting and the electronic permitting platform identified in § 23-27.3-108.2
with its annual budget submission to the office of management and budget for the fiscal year ending
31 June 30, 2027. The report shall additionally contain suggested statutory revisions, including, but
not limited, to clarifying permitting statutes, aligning fees with programmatic costs, and ensuring
efficient administration.
SECTION 5. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled
"Department of Environmental Management" is hereby amended to read as follows:
The director of environmental management shall have the following powers and duties:
(1) To supervise and control the protection, development, planning, and utilization of the
natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil,
clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,
shellfish, and other forms of aquatic, insect, and animal life;
(2) To exercise all functions, powers, and duties heretofore vested in the department of
agriculture and conservation, and in each of the divisions of the department, such as the promotion
of agriculture and animal husbandry in their several branches, including the inspection and
suppression of contagious diseases among animals; the regulation of the marketing of farm
products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious
insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of
contagious diseases among bees; the prevention of the sale of adulterated or misbranded
agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with
the University of Rhode Island, farmers’ institutes, and the various organizations established for
the purpose of developing an interest in agriculture; together with such other agencies and activities
as the governor and the general assembly may, from time to time, place under the control of the
department; and as heretofore vested by such of the following chapters and sections of the general
laws as are presently applicable to the department of environmental management and that were
previously applicable to the department of natural resources and the department of agriculture and
conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2
entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled
“Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled
“Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and
Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general
or public law relating to the department of agriculture and conservation or to any of its divisions or
bureaus;
(3) To exercise all the functions, powers, and duties heretofore vested in the division of
parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled
“Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning
Prevention and Lifesaving”; and by any other general or public law relating to the division of parks
and recreation;
(4) To exercise all the functions, powers, and duties heretofore vested in the division of
harbors and rivers of the department of public works, or in the department itself by such as were
previously applicable to the division or the department, of chapters 1 through 22 and sections
thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public
law relating to the division of harbors and rivers;
(5) To exercise all the functions, powers, and duties heretofore vested in the department of
health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by
chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5,
6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and
those functions, powers, and duties specifically vested in the director of environmental
management by the provisions of § 21-2-22, as amended, entitled “Inspection of Animals and
Milk”; together with other powers and duties of the director of the department of health as are
incidental to, or necessary for, the performance of the functions transferred by this section;
(6) To cooperate with the Rhode Island commerce corporation in its planning and
promotional functions, particularly in regard to those resources relating to agriculture, fisheries,
and recreation;
(7) To cooperate with, advise, and guide conservation commissions of cities and towns
created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter
203 of the Public Laws, 1960;
(8) To assign or reassign, with the approval of the governor, any functions, duties, or
powers established by this chapter to any agency within the department, except as hereinafter
limited;
(9) To cooperate with the water resources board and to provide to the board facilities,
administrative support, staff services, and other services as the board shall reasonably require for
its operation and, in cooperation with the board and the statewide planning program, to formulate
and maintain a long-range guide plan and implementing program for development of major water-
sources transmission systems needed to furnish water to regional and local distribution systems;
(10) To cooperate with the solid waste management corporation and to provide to the
corporation such facilities, administrative support, staff services, and other services within the
department as the corporation shall reasonably require for its operation;
(11) To provide for the maintenance of waterways and boating facilities, consistent with
chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and
disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, groundwater
protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland
beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council
pursuant to § 46-23-6(2); (iv) Cooperating with the coastal resources management council in the
development and implementation of comprehensive programs for dredging as provided for in §§
46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal
sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the
comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein
shall be construed to abrogate the powers or duties granted to the coastal resources management
council under chapter 23 of title 46, as amended;
(12) To establish minimum standards, subject to the approval of the environmental
standards board, relating to the location, design, construction, and maintenance of all sewage
disposal systems;
(13) To enforce, by such means as provided by law, the standards for the quality of air, and
water, and the design, construction, and operation of all sewage disposal systems; any order or
notice issued by the director relating to the location, design, construction, or maintenance of a
sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director
shall forward the order or notice to the city or town wherein the subject property is located and the
order or notice shall be recorded in the general index by the appropriate municipal official in the
land evidence records in the city or town wherein the subject property is located. Any subsequent
transferee of that property shall be responsible for complying with the requirements of the order or
notice. Upon satisfactory completion of the requirements of the order or notice, the director shall
provide written notice of the same, which notice shall be similarly eligible for recordation. The
original written notice shall be forwarded to the city or town wherein the subject property is located
and the notice of satisfactory completion shall be recorded in the general index by the appropriate
municipal official in the land evidence records in the city or town wherein the subject property is
located. A copy of the written notice shall be forwarded to the owner of the subject property within
five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject
property within thirty (30) days after correction;
(14) To establish minimum standards for the establishment and maintenance of salutary
environmental conditions, including standards and methods for the assessment and the
consideration of the cumulative effects on the environment of regulatory actions and decisions,
which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential
cumulative effects that could adversely affect public health and/or impair ecological functioning;
(ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate
in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable
to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private
and public wells, unless broader use is approved by the general assembly. The department shall
report to the general assembly not later than March 15, 2008, with regard to the development and
application of the standards and methods in Jamestown;
(15) To establish and enforce minimum standards for permissible types of septage,
industrial-waste disposal sites, and waste-oil disposal sites;
(16) To establish minimum standards, subject to the approval of the environmental
standards board, for permissible types of refuse disposal facilities; the design, construction,
operation, and maintenance of disposal facilities; and the location of various types of facilities;
(17) To exercise all functions, powers, and duties necessary for the administration of
chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”;
(18) To designate, in writing, any person in any department of the state government or any
official of a district, county, city, town, or other governmental unit, with that official’s consent, to
enforce any rule, regulation, or order promulgated and adopted by the director under any provision
of law; provided, however, that enforcement of powers of the coastal resources management
council shall be assigned only to employees of the department of environmental management,
except by mutual agreement or as otherwise provided in chapter 23 of title 46;
(19) To issue and enforce the rules, regulations, and orders as may be necessary to carry
out the duties assigned to the director and the department by any provision of law; and to conduct
investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to
enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,
and/or orders shall be terminated and revoked if the conditions that led to the suspension are not
corrected to the satisfaction of the director within two (2) years; provided that written notice is
given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of
termination.
Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a
contested licensing matter shall occur where resolution substantially deviates from the original
application unless all interested parties shall be notified of the proposed resolution and provided
with opportunity to comment upon the resolution pursuant to applicable law and any rules and
regulations established by the director;
(20) To enter, examine, or survey, at any reasonable time, places as the director deems
necessary to carry out the director’s responsibilities under any provision of law subject to the
following provisions:
(i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a
search warrant from an official of a court authorized to issue warrants, unless a search without a
warrant is otherwise allowed or provided by law;
(ii)(A) All administrative inspections shall be conducted pursuant to administrative
guidelines promulgated by the department in accordance with chapter 35 of this title;
(B) A warrant shall not be required for administrative inspections if conducted under the
following circumstances, in accordance with the applicable constitutional standards:
(I) For closely regulated industries;
(II) In situations involving open fields or conditions that are in plain view;
(III) In emergency situations;
(IV) In situations presenting an imminent threat to the environment or public health, safety,
or welfare;
(V) If the owner, operator, or agent in charge of the facility, property, site, or location
consents; or
(VI) In other situations in which a warrant is not constitutionally required.
(C) Whenever it shall be constitutionally or otherwise required by law, or whenever the
director in the director’s discretion deems it advisable, an administrative search warrant, or its
functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of
conducting an administrative inspection. The warrant shall be issued in accordance with the
applicable constitutional standards for the issuance of administrative search warrants. The
administrative standard of probable cause, not the criminal standard of probable cause, shall apply
to applications for administrative search warrants;
(I) The need for, or reliance upon, an administrative warrant shall not be construed as
requiring the department to forfeit the element of surprise in its inspection efforts;
(II) An administrative warrant issued pursuant to this subsection must be executed and
returned within ten (10) days of its issuance date unless, upon a showing of need for additional
time, the court orders otherwise;
(III) An administrative warrant may authorize the review and copying of documents that
are relevant to the purpose of the inspection. If documents must be seized for the purpose of
copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an
inventory of the documents taken. The time, place, and manner regarding the making of the
inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the
inventory shall be delivered to the person from whose possession or facility the documents were
taken. The seized documents shall be copied as soon as feasible under circumstances preserving
their authenticity, then returned to the person from whose possession or facility the documents were
taken;
(IV) An administrative warrant may authorize the taking of samples of air, water, or soil
or of materials generated, stored, or treated at the facility, property, site, or location. Upon request,
the department shall make split samples available to the person whose facility, property, site, or
location is being inspected;
(V) Service of an administrative warrant may be required only to the extent provided for
in the terms of the warrant itself, by the issuing court.
(D) Penalties. Any willful and unjustified refusal of right of entry and inspection to
department personnel pursuant to an administrative warrant shall constitute a contempt of court and
shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six
(6) months’ imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per
refusal;
(21) To give notice of an alleged violation of law to the person responsible therefor
whenever the director determines that there are reasonable grounds to believe that there is a
violation of any provision of law within the director’s jurisdiction or of any rule or regulation
adopted pursuant to authority granted to the director. Nothing in this chapter shall limit the authority
of the attorney general to prosecute offenders as required by law;
(i) The notice shall provide for a time within which the alleged violation shall be remedied,
and shall inform the person to whom it is directed that a written request for a hearing on the alleged
violation may be filed with the director within twenty (20) days after service of the notice. The
notice will be deemed properly served upon a person if a copy thereof is served the person
personally; or sent by registered or certified mail to the person’s last known address; or if the person
is served with notice by any other method of service now or hereafter authorized in a civil action
under the laws of this state. If no written request for a hearing is made to the director within twenty
(20) days of the service of notice, the notice shall automatically become a compliance order;
(ii)(A) Whenever the director determines that there exists a violation of any law, rule, or
regulation within the director’s jurisdiction that requires immediate action to protect the
environment, the director may, without prior notice of violation or hearing, issue an immediate-
compliance order stating the existence of the violation and the action the director deems necessary.
The compliance order shall become effective immediately upon service or within such time as is
specified by the director in such order. No request for a hearing on an immediate-compliance order
31 may be made;
(B) Any immediate-compliance order issued under this section without notice and prior
hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good
cause shown, the order may be extended one additional period not exceeding forty-five (45) days;
(iii) The director may, at the director’s discretion and for the purposes of timely and
effective resolution and return to compliance, cite a person for alleged noncompliance through the
issuance of an expedited citation in accordance with § 42-17.6-3(c);
(iv) If a person upon whom a notice of violation has been served under the provisions of
this section or if a person aggrieved by any such notice of violation requests a hearing before the
director within twenty (20) days of the service of notice of violation, the director shall set a time
and place for the hearing, and shall give the person requesting that hearing at least five (5) days’
written notice thereof. After the hearing, the director may make findings of fact and shall sustain,
modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that
decision shall be deemed a compliance order and shall be served upon the person responsible in
any manner provided for the service of the notice in this section;
(v) The compliance order shall state a time within which the violation shall be remedied,
and the original time specified in the notice of violation shall be extended to the time set in the
order;
(vi) Whenever a compliance order has become effective, whether automatically where no
hearing has been requested, where an immediate-compliance order has been issued, or upon
decision following a hearing, the director may institute injunction proceedings in the superior court
of the state for enforcement of the compliance order and for appropriate temporary relief, and in
that proceeding, the correctness of a compliance order shall be presumed and the person attacking
the order shall bear the burden of proving error in the compliance order, except that the director
shall bear the burden of proving in the proceeding the correctness of an immediate-compliance
order. The remedy provided for in this section shall be cumulative and not exclusive and shall be
in addition to remedies relating to the removal or abatement of nuisances or any other remedies
provided by law;
(vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)
days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to
review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the
petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of
certiorari;
(22) To impose administrative penalties in accordance with the provisions of chapter 17.6
of this title and to direct that such penalties be paid into the account established by subsection (26);
(23) The following definitions shall apply in the interpretation of the provisions of this
chapter:
(i) Director: The term “director” shall mean the director of environmental management of
the state of Rhode Island or the director’s duly authorized agent;
(ii) Person: The term “person” shall include any individual, group of individuals, firm,
corporation, association, partnership, or private or public entity, including a district, county, city,
town, or other governmental unit or agent thereof, and in the case of a corporation, any individual
having active and general supervision of the properties of the corporation;
(iii) Service:
(A) Service upon a corporation under this section shall be deemed to include service upon
both the corporation and upon the person having active and general supervision of the properties
of the corporation;
(B) For purposes of calculating the time within which a claim for a hearing is made
pursuant to subsection (21)(i), service shall be deemed to be the date of receipt of such notice or
three (3) days from the date of mailing of the notice, whichever shall first occur;
(24)(i) To conduct surveys of the present private and public camping and other recreational
areas available and to determine the need for and location of other camping and recreational areas
as may be deemed necessary and in the public interest of the state of Rhode Island and to report
back its findings on an annual basis to the general assembly on or before March 1 of every year;
(ii) Additionally, the director of the department of environmental management shall take
additional steps, including, but not limited to, matters related to funding as may be necessary to
establish such other additional recreational facilities and areas as are deemed to be in the public
interest;
(25)(i) To apply for and accept grants and bequests of funds, with the approval of the
director of administration, from other states, interstate agencies, and independent authorities, and
private firms, individuals, and foundations, for the purpose of carrying out the director’s lawful
responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt
account created in the natural resources program for funds made available for that program’s
purposes or in a restricted receipt account created in the environmental protection program for
funds made available for that program’s purposes. All expenditures from the accounts shall be
subject to appropriation by the general assembly, and shall be expended in accordance with the
provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the
event that the trust account balance shows a surplus after the project as provided for in the grant or
bequest has been completed, the director may utilize the appropriated unspecified or appropriated
surplus funds for enhanced management of the department’s forest and outdoor public recreation
areas, or other projects or programs that promote the accessibility of recreational opportunities for
Rhode Island residents and visitors;
1 (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by
2 October 1 of each year, a detailed report on the amount of funds received and the uses made of such
funds;
(26) To establish fee schedules by regulation, with the approval of the governor, for the
processing of applications and the performing of related activities in connection with the
department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to
inspections performed by the department to determine compliance with chapter 19.1 and rules and
regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections
performed by the department to determine compliance with chapter 18.9 and the rules and
regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of
title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant
to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and
administration of underground storage tanks and all other programs administered under chapter 12
of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as
they relate to any reviews and related activities performed under the provisions of the Groundwater
Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-
added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all
enforcement, permitting, and licensing matters to the administrative adjudication division for
environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,”
a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application
decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies
from the administrative adjudication fees will be deposited as general revenues and the amounts
appropriated shall be used for the costs associated with operating the administrative adjudication
division.
There is hereby established an account within the general fund to be called the water and
air protection program. The account shall consist of sums appropriated for water and air pollution
control and waste-monitoring programs and the state controller is hereby authorized and directed
to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof,
as may be required, from time to time, upon receipt by him or her of properly authenticated
vouchers. All amounts collected under the authority of this subsection (26) for the sewage-disposal-
system program and freshwater wetlands program will be deposited as general revenues and the
amounts appropriated shall be used for the purposes of administering and operating the programs.
The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of
each year a detailed report on the amount of funds obtained from fines and fees and the uses made
of the funds;
(27) To establish and maintain a list or inventory of areas within the state worthy of special
designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic
vistas, and scenic areas, and to make the list available to the public;
(28) To establish and maintain an inventory of all interests in land held by public and
private land trust and to exercise all powers vested herein to ensure the preservation of all identified
lands;
(i) The director may promulgate and enforce rules and regulations to provide for the orderly
and consistent protection, management, continuity of ownership and purpose, and centralized
records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part
through other interests, rights, or devices such as conservation easements or restrictions, by private
and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each
document submitted by a land trust;
(ii) The term “public land trust” means any public instrumentality created by a Rhode
Island municipality for the purposes stated herein and financed by means of public funds collected
and appropriated by the municipality. The term “private land trust” means any group of five (5) or
more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a
nonbusiness corporation for the purposes stated herein, or a national organization such as the nature
conservancy. The main purpose of either a public or a private land trust shall be the protection,
acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features,
areas, or open space for the purpose of managing or maintaining, or causing to be managed or
maintained by others, the land, water, and other natural amenities in any undeveloped and relatively
natural state in perpetuity. A private land trust must be granted exemption from federal income tax
under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its
incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A
private land trust may not be incorporated for the exclusive purpose of acquiring or accepting
property or rights in property from a single individual, family, corporation, business, partnership,
or other entity. Membership in any private land trust must be open to any individual subscribing to
the purposes of the land trust and agreeing to abide by its rules and regulations including payment
of reasonable dues;
(iii)(A) Private land trusts will, in their articles of association or their bylaws, as
appropriate, provide for the transfer to an organization, created for the same or similar purposes, of
the assets, lands and land rights, and interests held by the land trust in the event of termination or
dissolution of the land trust;
(B) All land trusts, public and private, will record in the public records, of the appropriate
towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests
and rights acquired in land and will also file copies of all such documents and current copies of
their articles of association, their bylaws, and their annual reports with the secretary of state and
with the director of the Rhode Island department of environmental management. The director is
hereby directed to establish and maintain permanently a system for keeping records of all private
and public land trust land holdings in Rhode Island;
(29) The director will contact in writing, not less often than once every two (2) years, each
public or private land trust to ascertain: that all lands held by the land trust are recorded with the
director; the current status and condition of each land holding; that any funds or other assets of the
land trust held as endowment for specific lands have been properly audited at least once within the
two-year (2) period; the name of the successor organization named in the public or private land
trust’s bylaws or articles of association; and any other information the director deems essential to
the proper and continuous protection and management of land and interests or rights in land held
by the land trust. In the event that the director determines that a public or private land trust holding
land or interest in land appears to have become inactive, the director shall initiate proceedings to
effect the termination of the land trust and the transfer of its lands, assets, land rights, and land
interests to the successor organization named in the defaulting trust’s bylaws or articles of
association or to another organization created for the same or similar purposes. Should such a
transfer not be possible, then the land trust, assets, and interest and rights in land will be held in
trust by the state of Rhode Island and managed by the director for the purposes stated at the time
of original acquisition by the trust. Any trust assets or interests other than land or rights in land
accruing to the state under such circumstances will be held and managed as a separate fund for the
benefit of the designated trust lands;
(30) Consistent with federal standards, issue and enforce such rules, regulations, and orders
as may be necessary to establish requirements for maintaining evidence of financial responsibility
for taking corrective action and compensating third parties for bodily injury and property damage
caused by sudden and non-sudden accidental releases arising from operating underground storage
tanks;
(31) To enforce, by such means as provided by law, the standards for the quality of air, and
water, and the location, design, construction, and operation of all underground storage facilities
used for storing petroleum products or hazardous materials; any order or notice issued by the
director relating to the location, design, construction, operation, or maintenance of an underground
storage facility used for storing petroleum products or hazardous materials shall be eligible for
recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or
town wherein the subject facility is located, and the order or notice shall be recorded in the general
index by the appropriate municipal officer in the land evidence records in the city or town wherein
the subject facility is located. Any subsequent transferee of that facility shall be responsible for
complying with the requirements of the order or notice. Upon satisfactory completion of the
requirements of the order or notice, the director shall provide written notice of the same, which
notice shall be eligible for recordation. The original, written notice shall be forwarded to the city
or town wherein the subject facility is located, and the notice of satisfactory completion shall be
recorded in the general index by the appropriate municipal official in the land evidence records in
the city or town wherein the subject facility is located. A copy of the written notice shall be
forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any
event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction;
(32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in
accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank
Financial Responsibility Act, as amended;
(33) To support, facilitate, and assist the Rhode Island Natural History Survey, as
appropriate and/or as necessary, in order to accomplish the important public purposes of the survey
in gathering and maintaining data on Rhode Island natural history; making public presentations and
reports on natural history topics; ranking species and natural communities; monitoring rare species
and communities; consulting on open-space acquisitions and management plans; reviewing
proposed federal and state actions and regulations with regard to their potential impact on natural
communities; and seeking outside funding for wildlife management, land management, and
research;
(34) To promote the effective stewardship of lakes, ponds, rivers, and streams including,
but not limited to, collaboration with watershed organizations and associations of lakefront property
owners on planning and management actions that will prevent and mitigate water quality
degradation, reduce the loss of native habitat due to infestation of non-native species, abate
nuisance conditions that result from excessive growth of algal or non-native plant species as well
as promote healthy freshwater riverine ecosystems;
(35) In implementing the programs established pursuant to this chapter, to identify critical
areas for improving service to customers doing business with the department, and to develop and
implement strategies to improve performance and effectiveness in those areas. Key aspects of a
customer-service program shall include, but not necessarily be limited to, the following
components:
(i) Maintenance of an organizational unit within the department with the express purpose
of providing technical assistance to customers and helping customers comply with environmental
regulations and requirements;
(ii) Maintenance of an employee training program to promote customer service across the
department;
(iii) Implementation of a continuous business process evaluation and improvement effort,
including process reviews to encourage development of quality proposals; ensure timely and
predictable reviews; and result in effective decisions and consistent follow up and implementation
throughout the department; and publish an annual report on such efforts;
(iv) Creation of a centralized location for the acceptance of permit applications and other
submissions to the department;
(v) Maintenance of a process to promote, organize, and facilitate meetings prior to the
submission of applications or other proposals in order to inform the applicant on options and
opportunities to minimize environmental impact; improve the potential for sustainable
environmental compliance; and support an effective and efficient review and decision-making
process on permit applications related to the proposed project;
(vi) Development of single permits under multiple authorities otherwise provided in state
law to support comprehensive and coordinated reviews of proposed projects. The director may
address and resolve conflicting or redundant process requirements in order to achieve an effective
and efficient review process that meets environmental objectives; and
(vii) Exploration of the use of performance-based regulations coupled with adequate
inspection and oversight, as an alternative to requiring applications or submissions for approval
prior to initiation of projects;
(36) To formulate and promulgate regulations requiring any dock or pier longer than twenty
feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all
sides facing the water, of an appropriate width and luminosity such that it can be seen by operators
of watercraft;
(37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel
additive required or regulated by the department if the director finds that:
(i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the
New England region that prevent the distribution of an adequate supply of the fuel or fuel additive
to consumers;
(ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural
disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not
reasonably have been foreseen; and
(iii) It is in the public interest to grant the waiver.
Any temporary waiver shall be made in writing and shall be effective for twenty (20)
calendar days; provided, that the director may renew the temporary waiver, in writing, if it is
deemed necessary; and
(38)(i) To designate by rule certain waters of the state as shellfish or marine life project
management areas for the purpose of enhancing the cultivation and growth of marine species,
managing the harvest of marine species, facilitating the conduct by the department of experiments
in planting, cultivating, propagating, managing, and developing any and all kinds of marine life,
and any other related purpose.
(ii) Any such designation shall be by reference to fixed landmarks and include an explicit
description of the area to be designated.
(iii) Once so designated, the director may adopt rules and regulations addressing
restrictions on the quantities, types, or sizes of marine species that may be taken in any individual
management area, the times during which marine species may be taken, the manner or manners in
that marine species may be taken, the closure of such area to the taking of marine species, or any
other specific restrictions as may be deemed necessary. Such rules shall be exempt from the
requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9.
(iv) The director, upon the designation of a management area, may place any stakes,
bounds, buoys, or markers with the words “Rhode Island department of environmental
management” plainly marked on them, as will approximate the management area. Failure to place
or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or
administrative proceeding.
(v) Nothing in this section shall prevent the director from implementing emergency rules
25 pursuant to § 42-35-2.10.
(39) To enter into agreements with such departments, divisions, agencies, or boards of the
state to regulate, manage, or perform related functions on any lands or waters acquired under the
provisions of the Big River — Wood River Reservoir Site Acquisition Act (Pub. L. 1964, chapter
133).
SECTION 6. Chapter 42-17.1 of the General Laws entitled "Department of Environmental
Management" is hereby amended by adding thereto the following section:
The Rhode Island department of environmental management, established pursuant to
chapter 17.1 of this title, shall administer those lands acquired for the Big River Reservoir as
established under section 23 of chapter 133 of the Pub. L. 1964. The director of the department of
environmental management and the director’s authorized agents, employees, and designees shall
manage the land and natural resources of the Big River Reservoir. The lands of the Big River
Reservoir are subject to enforcement authority of the department of environmental management,
as provided for in chapter 17.1 of this title, and as provided for in title 20. Nothing contained herein
shall be construed to affect any of the powers granted to the water resources board ("agency") with
regard to freshwater resource management pursuant to chapters 15 and 15.1 of title 46.
Effective July 1, 2026, the department of environmental management will assume
responsibility for all land use planning and for promulgating the rules and regulations regarding the
administration of the Big River Reservoir consistent with the requirements of § 37-20-1. The rules
and regulations promulgated under 490-RICR-00-00-5 of the Rhode Island code of regulations will
remain in full force and effect until such a time as the rules and regulations are properly transferred
to and promulgated by the department of environmental management's title within the Rhode Island
code of regulations.
SECTION 7. Sections 42-28-5 and 42-28-22 of the General Laws in Chapter 42-28 entitled
"State Police" are hereby amended to read as follows:
(a) The governor shall appoint the superintendent of state police, who shall serve at the
pleasure of the governor and shall perform the duties prescribed by this chapter.
(b) Any superintendent who has served for at least ten (10) years and has reached the age
of sixty (60) years, may resign the superintendent’s office, and thereafter shall receive annually
during his or her life a sum equal to fifty percent (50%) of the salary the superintendent was
receiving at the time of the superintendent’s resignation, or for any superintendent hired on or after
24 July 1, 2012, a sum equal to fifty percent (50%) of the average compensation as defined in § 36-8-
1(5) (a) the superintendent was receiving at the time of the superintendent’s resignation.
(c) In no event shall the retirement allowance granted to a superintendent in accordance
with subsection (b) plus any other retirement allowance received by the superintendent from any
state or municipal retirement system exceed seventy-five percent (75%) of the average
compensation as defined in § 36-8-1(5) (a) the superintendent was receiving at the time of the
superintendent’s resignation. This subsection (c) shall only apply to superintendents hired on or
after July 1, 2012.
(a) Whenever any member of the state police hired prior to July 1, 2007, has served for
twenty (20) years, the member may retire therefrom or they may be retired by the superintendent
with the approval of the governor, and in either event a sum equal to one-half (½) of the whole
salary for the position from which the member retired determined on the date the member receives
their first retirement payment shall be paid the member during life.
(b) For purposes of this section, the term “whole salary” means:
(1) For each member who retired prior to July 1, 1966, “whole salary” means the base
salary for the position from which the member retired as the base salary for that position was
determined on July 31, 1972;
(2) For each member who retired between July 1, 1966, and June 30, 1973, “whole salary”
means the base salary for the position from which the member retired as the base salary,
implemented by the longevity increment, for that position was determined on July 31, 1972, or on
the date of the member’s retirement, whichever is greater;
(3) For each member who retired or who retires after July 1, 1973, “whole salary” means
the base salary, implemented by the longevity increment, holiday pay, and clothing allowance, for
the position from which the member retired or retires.
(c)(1) Any member who retired prior to July 1, 1977, shall receive a benefits payment
adjustment equal to three percent (3%) of the member’s original retirement, as determined in
subsection (b) of this section, in addition to the member’s original retirement allowance. In each
succeeding year thereafter during the month of January, the retirement allowance shall be increased
an additional three percent (3%) of the original retirement allowance, not compounded, to be
continued until January 1, 1991. For the purposes of the computation, credit shall be given for a
full calendar year regardless of the effective date of the service retirement allowance. For purposes
of this subsection, the benefits payment adjustment shall be computed from January 1, 1971, or the
date of retirement, whichever is later in time.
(2) Any member of the state police who retires pursuant to the provisions of this chapter
on or after January 1, 1977, shall on the first day of January, next following the third anniversary
date of the retirement receive a benefits payment adjustment, in addition to their retirement
allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each
succeeding year thereafter during the month of January, the retirement allowance shall be increased
an additional three percent (3%) of the original retirement allowance, not compounded, to be
continued until January 1, 1991. For the purposes of the computation, credit shall be given for a
full calendar year regardless of the effective date of the service retirement allowance.
(3) Any retired member of the state police who is receiving a benefit payment adjustment
pursuant to subsections (c)(1) and (c)(2) of this section shall beginning January 1, 1991, and ending
June 30, 2012, receive a benefits payment adjustment equal to fifteen hundred dollars ($1,500).
(d) The benefits payment adjustment as provided in this section shall apply to and be in
addition to the retirement benefits under the provisions of § 42-28-5, and to the injury and death
benefits under the provisions of § 42-28-21.
(e)(1) Any member who retires after July 1, 1972, and is eligible to retire prior to July 1,
2012, and who has served beyond twenty (20) years shall be allowed an additional amount equal
to three percent (3%) for each completed year served after twenty (20) years, but in no event shall
the original retirement allowance exceed sixty-five percent (65%) of the member’s whole salary as
defined in subsection (b) hereof or sixty-five percent (65%) of the member’s salary as defined in
subsection (b) hereof in the member’s twenty-fifth (25th) year whichever is less.
(2) Each member who retired prior to July 1, 1975, shall be entitled to all retirement
benefits as set forth above or shall be paid benefits as set forth in subsection (b)(1) with “whole
salary” meaning the base salary for the position from which the member retired as the base salary
for the position was determined on July 1, 1975, whichever is greater.
(f)(1) Any member who retires, has served as a member for twenty (20) years or more, and
who served for a period of six (6) months or more of active duty in the armed service of the United
States or in the merchant marine service of the United States as defined in § 2 of chapter 1721 of
the Public Laws, 1946, may purchase credit for such service up to a maximum of two (2) years;
provided that any member who has served at least six (6) months or more in any one year shall be
allowed to purchase one year for such service and any member who has served a fraction of less
than six (6) months in the member’s total service shall be allowed to purchase six (6) months’ credit
for such service.
(2) The cost to purchase these credits shall be ten percent (10%) of the member’s first year
salary as a state policeman multiplied by the number of years and/or fraction thereof of such armed
service up to a maximum of two (2) years. The purchase price shall be paid into the general fund.
For members hired on or after July 1, 1989, the purchase price shall be paid into a restricted revenue
account entitled “state police retirement benefits” and shall be held in trust.
(3) There will be no interest charge provided the member makes such purchase during their
twentieth (20th) year or within five (5) years from May 18, 1981, whichever is later, but will be
charged regular rate of interest as defined in § 36-8-1 as amended to date of purchase from the date
of the member’s twentieth (20th) year of state service or five (5) years from May 18, 1981,
whichever is later.
(4) Any member who is granted a leave of absence without pay for illness, injury, or any
other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-
1(10); provided the employee returns to state service for at least one year upon completion of the
leave.
(5) In no event shall the original retirement allowance exceed sixty-five percent (65%) of
the member’s whole salary as defined in subsection (b) hereof or sixty-five percent (65%) of the
member’s salary as defined in subsection (b) hereof in the member’s twenty-fifth (25th) year,
whichever is less.
(6) Notwithstanding any other provision of law, no more than five (5) years of service
credit may be purchased by a member of the system. The five-year (5) limit shall not apply to any
purchases made prior to January 1, 1995. A member who has purchased more than five (5) years
of service credits before January 1, 1995, shall be permitted to apply those purchases towards the
member’s service retirement. However, no further purchase will be permitted. Repayment in
accordance with applicable law and regulation of any contribution previously withdrawn from the
system shall not be deemed a purchase of service credit.
(g) The provisions of this section shall not apply to civilian employees in the Rhode Island
state police; and, further, from and after April 28, 1937, chapters 8 — 10, inclusive, of title 36 shall
not be construed to apply to the members of the Rhode Island state police, except as provided by
§§ 36-8-3, 36-10-1.1, 42-28-22.1, and 42-28-22.2, and § 36-8-1(5) and (8)(a) effective July 1, 2012.
(h) Any member of the state police other than the superintendent of state police, who is
hired prior to July 1, 2007, and retires prior to July 1, 2026, and who has served for twenty-five
(25) years or who has attained the age of sixty-two (62) years, whichever shall first occur, shall
retire therefrom.
(i)(1) Any member of the state police, other than the superintendent, who is hired on or
after July 1, 2007, and retires prior to July 1, 2026, and who has served for twenty-five (25) years,
23 may retire therefrom or the member may be retired by the superintendent with the approval of the
governor, and shall be entitled to a retirement allowance of fifty percent (50%) of the member’s
“whole salary” as defined in subsection (b) hereof.
(2) Any member of the state police who is hired on or after July 1, 2007, and retires prior
to July 1, 2026, may serve up to a maximum of thirty (30) years, and shall be allowed an additional
amount equal to three percent (3.0%) for each completed year served after twenty-five (25) years,
but in no event shall the original retirement allowance exceed sixty-five percent (65%) of his or her
“whole salary” as defined in subsection (b) hereof.
(j) Effective July 1, 2012, any other provision of this section notwithstanding:
(1) Any member of the state police, other than the superintendent of state police, who is
not eligible to retire on or prior to June 30, 2012, may retire at any time subsequent to the date the
member’s retirement allowance equals or exceeds fifty percent (50%) of average compensation as
defined in § 36-8-1(5) (a) , provided that a member shall retire upon the first to occur of:
(i) The date the member’s retirement allowance equals sixty-five percent (65%); or
(ii) The later of the attainment of age sixty-two (62) or completion of five (5) years of
service; provided however, any current member as of June 30, 2012, who has not accrued fifty
percent (50%) upon attaining the age of sixty-two (62) shall retire upon accruing fifty percent
(50%); and upon retirement a member shall receive a retirement allowance which shall equal:
(A) For members hired prior to July 1, 2007, the sum of (i), (ii), and (iii) where:
(i) is calculated as the member’s years of total service before July 1, 2012, multiplied by
two and one-half percent (2.5%) of average compensation for a member’s first twenty (20) total
years,
(ii) is calculated as the member’s years of total service before July 1, 2012, in excess of
twenty (20) years not to exceed twenty-five (25) years multiplied by three percent (3%) of average
compensation, and
(iii) is the member’s years of total service on or after July 1, 2012, multiplied by two
percent (2%) of average compensation as defined in § 36-8-1(5) (b) .
(B) For members hired on or after July 1, 2007, the member’s retirement allowance shall
be calculated as the member’s years of total contributory service multiplied by two percent (2%)
of average compensation as defined in § 36-8-1(5) .
(C) Any member of the state police who is eligible to retire on or prior to June 30, 2012,
shall retire with a retirement allowance calculated in accordance with subsections (a) and (e) above
except that whole salary shall be defined as final compensation where compensation for purposes
of this section and § 42-28-22.1 includes base salary, longevity, and holiday pay.
(D) Notwithstanding the preceding provisions, in no event shall a member’s final
compensation be lower than their final compensation determined as of June 30, 2012.
(2) In no event shall a member’s original retirement allowance under any provisions of this
section exceed sixty-five percent (65%) of their average compensation.
(3) For each member who retires on or after July 1, 2012, except as provided in subsection
(j)(1)(ii)(C) above, compensation and average compensation shall be defined in accordance with §
36-8-1(5) (a) and (8), provided that for a member whose regular work period exceeds one hundred
forty-seven (147) hours over a twenty-four-day (24) period at any time during the four-year (4)
period immediately prior to the member’s retirement, that member shall have up to four hundred
(400) hours of their pay for regularly scheduled work earned during this period shall be included
as “compensation” and/or “average compensation” for purposes of this section and § 42-28-22.1.
(4) This subsection (j)(4) shall be effective for the period July 1, 2012, through June 30,
1 2015.
(i) Notwithstanding the prior subsections of this section, and subject to subsection (j)(4)(ii)
below, for all present and former members, active and retired members, and beneficiaries receiving
any retirement, disability or death allowance or benefit of any kind, whether for or on behalf of a
non-contributory member or contributory member, the annual benefit adjustment provided in any
calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the
percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the
Five-Year Average Investment Return of the retirement system determined as of the last day of the
plan year preceding the calendar year in which the adjustment is granted, said percentage not to
exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser
of the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of
retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually
in the same percentage as determined under (4)(i)(A) above. The “Five-Year Average Investment
Return” shall mean the average of the investment returns for the most recent five (5) plan years as
determined by the retirement board. Subject to subsection (j)(4)(ii) below, the benefit adjustment
provided by this subsection (j)(4)(i) shall commence upon the third (3rd) anniversary of the date of
retirement or the date on which the retiree reaches age fifty-five (55), whichever is later. In the
event the retirement board adjusts the actuarially assumed rate of return for the system, either
upward or downward, the subtrahend shall be adjusted either upward or downward in the same
amount.
(ii) Except as provided in subsection (j)(4)(iii), the benefit adjustments under this section
for any plan year shall be suspended in their entirety unless the funded ratio of the employees’
retirement system of Rhode Island, the judicial retirement benefits trust, and the state police
retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty
percent (80%) in which event the benefit adjustment will be reinstated for all members for such
plan year.
In determining whether a funding level under this subsection (j)(4)(ii) has been achieved,
the actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(iii) Notwithstanding subsection (j)(4)(ii), in each fifth plan year commencing after June
30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of
five (5) plan years, a benefit adjustment shall be calculated and made in accordance with subsection
(j)(4)(i) above until the funded ratio of the employees’ retirement system of Rhode Island, the
judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the
system’s actuary on an aggregate basis, exceeds eighty percent (80%).
(iv) The provisions of this subsection (j)(4) shall become effective July 1, 2012, and shall
apply to any benefit adjustment not granted on or prior to June 30, 2012.
(v) The cost-of-living adjustment as provided in this subsection (j)(4) shall apply to and be
in addition to the retirement benefits under the provisions of § 42-28-5 and to the injury and death
benefits under the provisions of § 42-28-21.
(5) This subsection (j)(5) shall become effective July 1, 2015.
(i)(A) As soon as administratively reasonable following the enactment into law of this
subsection (j)(5)(i)(A), a one-time benefit adjustment shall be provided to members and/or
beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent
(2%) of the lesser of either the member’s retirement allowance or the first twenty-five thousand
dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be
provided without regard to the retiree’s age or number of years since retirement.
(B) Notwithstanding the prior subsections of this section, for all present and former
members, active and retired members, and beneficiaries receiving any retirement, disability or
death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year
under this section for adjustments on and after January 1, 2016, and subject to subsection (j)(5)(ii)
below, shall be equal to (I) multiplied by (II):
(I) shall equal the sum of fifty percent (50%) of (1) plus fifty percent (50%) of (2) where:
(1) is equal to the percentage determined by subtracting five and one-half percent (5.5%)
(the “subtrahend”) from the five-year average investment return of the retirement system
determined as of the last day of the plan year preceding the calendar year in which the adjustment
is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent
(0%). The “five-year average investment return” shall mean the average of the investment returns
of the most recent five (5) plan years as determined by the retirement board. In the event the
retirement board adjusts the actuarially assumed rate of return for the system, either upward or
downward, the subtrahend shall be adjusted either upward or downward in the same amount.
(2) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer
Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor
Statistics determined as of September 30 of the prior calendar year.
In no event shall the sum of (1) plus (2) exceed three and one-half percent (3.5%) or be
less than zero percent (0%).
(II) is equal to the lesser of either the member’s retirement allowance or the first twenty-
five thousand eight hundred fifty-five dollars ($25,855) of retirement allowance, such amount to
be indexed annually in the same percentage as determined under (j)(5)(i)(B)(I) above. The benefit
adjustments provided by this subsection (j)(5)(i)(B) shall be provided to all retirees entitled to
receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other
retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement
or the date on which the retiree reaches their Social Security retirement age, whichever is later.
(ii) Except as provided in subsection (j)(5)(iii), the benefit adjustments under subsection
(j)(5)(i)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the
employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state
police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds
eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for
such plan year. Effective July 1, 2024, the funded ratio of the employees’ retirement system of
Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,
calculated by the system’s actuary on an aggregate basis, of exceeding eighty percent (80%) for the
benefit adjustment to be reinstated for all members for such plan year shall be replaced with
seventy-five percent (75%).
In determining whether a funding level under this subsection (j)(5)(ii) has been achieved,
the actuary shall calculate the funding percentage after taking into account the reinstatement of any
current or future benefit adjustment provided under this section.
(iii) Notwithstanding subsection (j)(5)(ii), in each fourth plan year commencing after June
30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of
four plan years: (A) A benefit adjustment shall be calculated and made in accordance with
subsection (j)(5)(i)(B) above; and (B) Effective for members and/or beneficiaries of members who
retired on or before June 30, 2015, the dollar amount in (j)(5)(i)(B)(II) of twenty-five thousand
eight hundred fifty-five dollars ($25,855) shall be replaced with thirty-one thousand twenty-six
dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the
judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the
system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, 2024, the
funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits
trust, and the state police retirement benefits trust, calculated by the system’s actuary on an
aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent
(75%).
(iv) Effective for members and/or beneficiaries of members who have retired on or before
July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)
days following the enactment of the legislation implementing this provision, and a second one-time
stipend of five hundred dollars ($500) in the same month of the following year. These stipends
shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable
payment date and shall not be considered cost of living adjustments under the prior provisions of
this section.
(6) 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 retired in accordance with subsection
(j)(1) above, shall be eligible to retire upon the attainment of the member’s Social Security
retirement age as defined in § 36-8-1(20).
(7) In no event shall a member’s retirement allowance be less than the member’s retirement
allowance calculated as of June 30, 2012, based on the member’s years of total service and whole
salary as of June 30, 2012.
(k) In calculating the retirement benefit for any member, the term base salary as used in
subsection (b)(3) or average compensation as used in subsection (j) shall not be affected by a
deferral of salary plan or a reduced salary plan implemented to avoid shutdowns or layoffs or to
effect cost savings. Basic salary shall remain for retirement calculation that which it would have
been but for the salary deferral or salary reduction due to a plan implemented to avoid shutdowns
or layoffs or to effect cost savings.
( l ) On and after July 1, 2026, notwithstanding any provision to the contrary:
(1) Any member of the state police who is hired prior to July 1, 2007, and who was not
eligible to retire on or before June 30, 2012, who has served for twenty (20) years, may retire
therefrom, or the member may be retired by the superintendent with the approval of the governor,
and shall be entitled to a retirement allowance of fifty percent (50%) of whole salary as defined in
subsection (b) of this section. Subject to the exceptions set forth in subsections ( l )(1)(i), ( l )(1)(ii)
and ( l )(1)(iii) of this section such members may serve up to a maximum of twenty-five (25) years,
and shall be allowed an additional amount equal to three percent (3.0%) for each completed year
served after twenty (20) years, but in no event shall the original retirement allowance exceed sixty-
five percent (65%) of the member’s “whole salary” as defined in subsection (b) of this section.
"Whole salary" for purposes of the retirement allowance shall be calculated pursuant to subsection
(b) of this section and be based on the average of the member's highest three (3) consecutive years
of compensation.
(i) Notwithstanding any provision to the contrary, any member who was sworn into service
with the Rhode Island state police during the year 1997, shall not be required to retire before
September 1, 2026. Any member who has worked beyond their twenty-fifth (25 th ) year, pursuant
to the provisions of this subsection and elects to work until September 1, 2026, shall accrue no
additional service credit but shall continue to make retirement contributions in accordance with §
42-28-22.1, and the whole salary for purposes of the retirement allowance shall be calculated
pursuant to subsection (b) of this section and be based on the average of the member's highest three
(3) consecutive years of compensation.
(ii) Notwithstanding any provision to the contrary, any member who was sworn into service
with the Rhode Island state police during the year 2000, shall not be required to retire before
7 January 18, 2028. Any member who has worked beyond their twenty-fifth (25 th ) year, pursuant to
the provisions of this subsection and elects to work until January 18, 2028, shall accrue no
additional service credit but shall continue to make retirement contributions in accordance with §
42-28-22.1 and the whole salary for purposes of the retirement allowance shall be calculated
pursuant to subsection (b) of this section and be based on the average of the member's highest three
(3) consecutive years of compensation.
(iii) Notwithstanding any provision to the contrary, any member who was sworn into
service with the Rhode Island state police during the year 2005, shall not be required to retire before
15 January 21, 2031. Any member who has worked beyond their twenty-fifth (25 th ) year, pursuant to
the provisions of this subsection and elects to work until January 21, 2031, shall accrue no
additional service credit but shall continue to make retirement contributions in accordance with §
42-28-22.1 and the whole salary for purposes of the retirement allowance shall be calculate
pursuant to subsection (b) of this section and be based on the average of the member's highest three
(3) consecutive years of compensation.
(2) Any member of the state police hired on or after July 1, 2007, who has served for
twenty-five (25) years, may retire therefrom, or the member may be retired by the superintendent
with the approval of the governor, and shall be entitled to a retirement allowance of fifty percent
(50%) of whole salary as defined in subsection (b) of this section. Such members may serve a
maximum of thirty (30) years, and shall be allowed an additional amount equal to three percent
(3.0%) for each completed year served after twenty-five (25) years, but in no event shall the original
retirement allowance exceed sixty-five percent (65%) of the member’s “whole salary” as defined
in subsection (b) of this section. "Whole salary" for purposes of the retirement allowance shall be
calculated pursuant to subsection (b) of this section and be based on the average of the member's
highest three (3) consecutive years of compensation.
(m) Any member of the state police, or their beneficiary, who retired on or after July 1,
2024, and prior to July 1, 2026, shall have their retirement allowance recalculated, retroactive to
their date of retirement, to reflect the benefit provided in subsections (b) and ( l ) of this section. This
provision shall be implemented as soon as administratively feasible. In no event shall a member's
retirement allowance under this provision be less than the member's retirement allowance
calculated as of the date of their retirement.
SECTION 8. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-
64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as follows:
5 42-64.20-5. Tax credits.
(a) An applicant meeting the requirements of this chapter may be allowed a credit as set
forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of
the general laws for a qualified development project.
(b) To be eligible as a qualified development project entitled to tax credits, an applicant’s
chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the
time of application, that:
(1) The applicant has committed a capital investment or owner equity of not less than
twenty percent (20%) of the total project cost;
(2) There is a project financing gap in which after taking into account all available private
and public funding sources, the project is not likely to be accomplished by private enterprise
without the tax credits described in this chapter; and
(3) The project fulfills the state’s policy and planning objectives and priorities in that:
(i) The applicant will, at the discretion of the commerce corporation, obtain a tax
stabilization agreement from the municipality in which the real estate project is located on such
terms as the commerce corporation deems acceptable;
(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied
by at least one business employing at least 25 full-time employees after construction or such
additional full-time employees as the commerce corporation may determine; (B) Is a multi-family
residential development in a new, adaptive reuse, certified historic structure, or recognized
historical structure consisting of at least 20,000 square feet and having at least 20 residential units
in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic
structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at
least one business, subject to further definition through rules and regulations promulgated by the
commerce corporation; and
(iii) Involves a total project cost of not less than $5,000,000, except for a qualified
development project located in a hope community or redevelopment area designated under § 45-
32-4 in which event the commerce corporation shall have the discretion to modify the minimum
project cost requirement.
(4) Until July 1, 2025, pursuant to P.L. 2022 ch. 271 and P.L. 2022 ch. 272, for construction
projects in excess of ten million dollars ($10,000,000), all construction workers shall be paid in
accordance with the wages and benefits required pursuant to chapter 13 of title 37 with all
contractors and subcontractors required to file certified payrolls on a monthly basis for all work
completed in the preceding month on a uniform form prescribed by the director of labor and
training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a
material violation and a material breach of the agreement with the state. The commerce corporation,
in consultation with the director of labor and training and the tax administrator, shall promulgate
such rules and regulations as are necessary to implement the enforcement of this subsection. The
provisions of this subsection shall expire and sunset on July 1, 2025.
(5) Notwithstanding any general or special law or rule or regulation to the contrary, for
construction projects that have executed a tax credit agreement on or after July 1, 2025, and
involving a budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of twenty-
five million dollars ($25,000,000), all construction workers shall be paid in accordance with the
wages and benefits required pursuant to chapter 13 of title 37 with all contractors and
subcontractors required to file certified payrolls on a monthly basis for all work completed in the
preceding month on a uniform form prescribed by the director of labor and training. Failure to
follow the requirements pursuant to chapter 13 of title 37 shall constitute a material violation and
a material breach of the agreement with the state. The commerce corporation, in consultation with
the director of labor and training and the tax administrator, shall promulgate such rules and
regulations as are necessary to implement the enforcement of this subsection.
(c) The commerce corporation shall develop separate, streamlined application processes
for the issuance of rebuild RI tax credits for each of the following:
(1) Qualified development projects that involve certified historic structures;
(2) Qualified development projects that involve recognized historical structures;
(3) Qualified development projects that involve at least one manufacturer; and
(4) Qualified development projects that include affordable housing or workforce housing.
(d) Applications made for a historic structure or recognized historic structure tax credit
under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of
taxation, at the expense of the commerce corporation, shall provide communications from the
commerce corporation to those who have applied for and are in the queue awaiting the offer of tax
credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax
credit program.
(e) Applicants (1) Who have received the notice referenced in subsection (d) above and
who may be eligible for a tax credit pursuant to chapter 33.6 of title 44; (2) Whose application
involves a certified historic structure or recognized historical structure; or (3) Whose project is
occupied by at least one manufacturer shall be exempt from the requirements of subsections
(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:
(i) The division of taxation shall remain responsible for determining the eligibility of an
applicant for tax credits awarded under chapter 33.6 of title 44;
(ii) The commerce corporation shall retain sole authority for determining the eligibility of
an applicant for tax credits awarded under this chapter;
(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the
annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this
subsection (e); and
(iv) No tax credits shall be awarded under this chapter unless the commerce corporation
receives confirmation from the department of labor and training that there has been compliance
with the prevailing wage requirements set forth in subsection (b) of this section.
(f) Maximum project credit.
(1) For qualified development projects, the maximum tax credit allowed under this chapter
shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to
close a project financing gap (after taking into account all other private and public funding sources
available to the project), as determined by the commerce corporation.
(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)
for any qualified development project under this chapter; except as provided in subsection (f)(3) of
this section; provided however, any qualified development project that exceeds the project cap upon
passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further
increased. No building or qualified development project to be completed in phases or in multiple
projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all
phases or projects involved in the rehabilitation of the building. Provided, however, that for
purposes of this subsection and no more than once in a given fiscal year, the commerce corporation
28 may consider the development of land and buildings by a developer on the “I-195 land” as defined
in § 42-64.24-3(6) as a separate, qualified development project from a qualified development
project by a tenant or owner of a commercial condominium or similar legal interest including
leasehold improvement, fit out, and capital investment. Such qualified development project by a
tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be
exempted from subsection (f)(1)(i) of this section.
(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars
($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter
into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that
project is approved for credits pursuant to this chapter by the commerce corporation.
(4) For qualified development projects involving the development of housing and mixed
use projects involving housing which are restricted to require at least twenty percent (20%) of the
housing units being affordable housing or workforce housing development for residents making no
more than between eighty percent (80%) and one hundred twenty percent (120%) of the area
median income (AMI) shall be allowed sales and use tax exemptions of up to thirty percent (30%)
of the maximum project credit in addition to the maximum project credit of fifteen million dollars
($15,000,000) pursuant to this chapter. Any sales and use tax exemptions allowed in addition to the
maximum project credit shall be for purchases made by June 30, 2028.
(g) Credits available under this chapter shall not exceed twenty percent (20%) of the project
cost, provided, however, that the applicant shall be eligible for additional tax credits of not more
than ten percent (10%) of the project cost, if the qualified development project meets any of the
following criteria or other additional criteria determined by the commerce corporation from time
to time in response to evolving economic or market conditions:
(1) The project includes adaptive reuse or development of a recognized historical structure;
(2) The project is undertaken by or for a targeted industry;
(3) The project is located in a transit-oriented development area;
(4) The project includes residential development of which at least twenty percent (20%) of
the residential units are designated as affordable housing or workforce housing;
(5) The project includes the adaptive reuse of property subject to the requirements of the
industrial property remediation and reuse act, § 23-19.14-1 et seq.; or
(6) The project includes commercial facilities constructed in accordance with the minimum
environmental and sustainability standards, as certified by the commerce corporation pursuant to
Leadership in Energy and Environmental Design or other equivalent standards.
(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,
inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed
two hundred twenty-five million dollars ($225,000,000) two hundred fifty million dollars
($250,000,000) , excluding any tax credits allowed pursuant to subsection (f)(3) of this section.
(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the
project is placed in service.
(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer
in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent
(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable
year.
(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer’s total
tax liability for the year in which the relevant portion of the credit is allowed, the amount that
exceeds the taxpayer’s tax liability may be carried forward for credit against the taxes imposed for
the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed
to a partnership, a limited liability company taxed as a partnership, or multiple owners of property
shall be passed through to the persons designated as partners, members, or owners respectively pro
rata or pursuant to an executed agreement among persons designated as partners, members, or
owners documenting an alternate distribution method without regard to their sharing of other tax
or economic attributes of such entity.
(l) The commerce corporation, in consultation with the division of taxation, shall establish,
by regulation, the process for the assignment, transfer, or conveyance of tax credits.
(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer
for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller’s tax calculation
for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,
without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a
natural person, the seller’s tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,
for the year of revocation, or adjustment, shall be increased by including the total amount of the
sales proceeds without proration.
(n) The tax credit allowed under this chapter may be used as a credit against corporate
income taxes imposed under chapter 11, 13, 14, or 17 of title 44, or may be used as a credit against
personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such
as a partnership, a limited liability company taxed as a partnership, or multiple owners of property.
(o) In the case of a corporation, this credit is only allowed against the tax of a corporation
included in a consolidated return that qualifies for the credit and not against the tax of other
corporations that may join in the filing of a consolidated tax return.
(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem
this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division
of taxation, in consultation with the commerce corporation, shall establish by regulation a
redemption process for tax credits.
(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the
commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
following classes of personal property only to the extent utilized directly and exclusively in the
project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;
or (2) Other materials, including construction materials and supplies, that are depreciable and have
a useful life of one year or more and are essential to the project.
(r) The commerce corporation shall promulgate rules and regulations for the administration
and certification of additional tax credit under subsection (g), including criteria for the eligibility,
evaluation, prioritization, and approval of projects that qualify for such additional tax credit.
(s) The commerce corporation shall not have any obligation to make any award or grant
any benefits under this chapter.
11 42-64.20-10. Sunset.
12 No credits shall be authorized to be reserved pursuant to this chapter after December 31,
13 2026 December 31, 2027 .
14 SECTION 9. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode
15 Island Tax Increment Financing" is hereby amended to read as follows:
16 42-64.21-9. Sunset.
17 The commerce corporation shall enter into no agreement under this chapter after December
18 31, 2026 December 31, 2027 .
19 SECTION 10. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax
20 Stabilization Incentive" is hereby amended to read as follows:
21 42-64.22-15. Sunset.
22 The commerce corporation shall enter into no agreement under this chapter after December
23 31, 2026 December 31, 2027 .
24 SECTION 11. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First
25 Wave Closing Fund" is hereby amended to read as follows:
26 42-64.23-8. Sunset.
27 No financing shall be authorized to be reserved pursuant to this chapter after December 31,
28 2026 December 31, 2027 .
SECTION 12. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195
Redevelopment Project Fund" is hereby amended to read as follows:
31 42-64.24-8. Sunset.
No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant
to this chapter after December 31, 2026 December 31, 2027 .
SECTION 13. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay
1 Invested in RI Wavemaker Fellowships" is hereby amended to read as follows:
2 42-64.26-12. Sunset.
3 No incentives or credits shall be authorized pursuant to this chapter after December 31,
4 2026 December 31, 2027 .
5 SECTION 14. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main
6 Street Rhode Island Streetscape Improvement Fund" is hereby amended to read as follows:
7 42-64.27-6. Sunset.
8 No incentives shall be authorized pursuant to this chapter after December 31, 2026
9 December 31, 2027 .
10 SECTION 15. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled
11 "Innovation Initiative" is hereby amended to read as follows:
12 42-64.28-10. Sunset.
13 No vouchers, grants, or incentives shall be authorized pursuant to this chapter after
14 December 31, 2026 December 31, 2027 .
15 SECTION 16. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode
16 Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows:
17 44-48.3-14. Sunset.
18 No credits shall be authorized to be reserved pursuant to this chapter after December 31,
19 2026 December 31, 2027 .
SECTION 17. Chapter 46-15.1 of the General Laws entitled "Water Supply Facilities" is
hereby amended by adding thereto the following section:
The administration of lands acquired for the Big River Reservoir, as established under
section 23 of chapter 133 of the Pub. L. 1964, are hereby transferred to the department of
environmental management. However, all other general authority granted to the water resource
board in chapters 15 and 15.1 of title 46 is hereby retained by the water resource board.
SECTION 18. Section 46-15.1-5 of the General Laws in Chapter 46-15.1 entitled "Water
Supply Facilities" is hereby amended to read as follows:
30 46-15.1-5. Powers.
(a) The board shall carry out its functions and shall have the following powers:
(1) To adopt a seal and to alter the seal from time to time;
(2) To sue and be sued;
(3) To purchase, hold, and dispose of real and personal property, or interests therein, and
to lease the property as lessee or lessor;
(4) To make or cause to be made such surveys and borings as it may deem necessary;
(5) To engage engineering, legal, accounting, and other professional services;
(6) To make contracts;
(7) To employ personnel and fix their rates of compensation;
(8) To borrow money and issue its bonds and notes as hereinafter provided;
(9) To apply and contract for and to expend assistance from the United States or other
sources, whether in the form of a grant or loan or otherwise;
(10) To adopt and amend bylaws for the regulation of its affairs and the conduct of its
business;
(11) To invest or deposit funds in demand deposits, savings deposits, and time deposits in
any bank or trust company which is a member of the Federal Deposit Insurance Corporation or in
any obligations issued or guaranteed by the United States or any agency or instrumentality thereof,
or as provided in § 35-10-11;
(12) To establish, operate, and maintain or lease to others, or contract with others for the
use of, such water supply facilities as may be reasonably required for the fulfillment of its purposes;
(13) To purchase and sell water;
(14) To exercise such other powers as may be necessary or incidental to the exercise of the
foregoing powers or to the accomplishment of the purposes of the board;
(15) To acquire, within the limitation of funds therefor, the sites, appurtenant marginal
lands, dams, waters, water rights, rights of way, easements, and other property in interests in
property for reservoirs, groundwater wells, well sites, and for such pipe lines, aqueducts, pumping
stations, filtration plants, and auxiliary structures as may be necessary or desirable for the treatment
and distribution of water from those reservoirs, groundwater wells, and well sites. Lands acquired
under the provisions of this section shall be acquired with the approval of the governor by purchase,
gift, devise, or otherwise on such terms and conditions as the board shall determine, or by the
exercise of eminent domain, in accordance with the provisions of chapter 6 of title 37, as amended,
insofar as those provisions are consistent with the provisions hereof;
(16) To construct or purchase water reservoirs, wells and well sites, processing facilities,
transmission or distribution systems, and other facilities, including existing facilities of municipal
water agencies or departments, special water districts, or private water companies, necessary to
accomplish the purposes of this chapter and to implement its plans and program;
(17) To acquire the assets, assume the liabilities, or to effect the merger into itself of any
corporation or other organization, including public or private water supply systems incorporated or
organized under the laws of this state, which corporation or organization has as its principal
business the establishment of water supply facilities or provision of related services, all upon such
terms and for such consideration as the board shall deem to be appropriate;
(18) To lease, sell, or otherwise convey any reservoir sites or other water supply or
distribution facilities acquired, constructed, or purchased by the board to any municipal water
agency or department or special water district or private water company, upon such terms as the
board shall deem appropriate;
(19) To provide for cooperative development, conservation, and use of water resources by
the state, municipal agencies or departments, special water districts or privately owned water
systems, the board may:
(i) Authorize publicly or privately owned water supply agencies to build structures or
install equipment on land owned or leased by the board.
(ii) Enter into contracts with publicly or privately owned water supply agencies for
operation of any facilities owned or leased by the board or operate any such facility by itself.
(20) To enter into contracts to supply raw or processed water to publicly or privately owned
water supply agencies, which shall be approved as to substance by the director of administration
and as to form by the attorney general;
(21) To review all plans and proposals for construction or installation of facilities for water
supply in accordance with the applicable sections of chapter 15 of this title;
(22) To make loans to publicly owned water supply agencies for acquisition, construction,
and renovation of water supply facilities from funds which may be appropriated for this purpose
by the general assembly, from bonds issued for this purpose, or from other funds which may
become available to the board for this purpose;
(23) To borrow money temporarily from the water development fund, for the purposes of
this chapter, and to implement its plans and programs relating to reservoir development, exclusive
of the acquisition of sites for the development of surface reservoirs, in anticipation of revenue or
federal aid; and
(24) To enter into contracts and/or agreements with such departments, divisions, agencies,
or boards of the state as are directed by the governor to regulate, manage, or perform related
functions on any lands or waters acquired under the provisions of the Big River — Wood River
Reservoir Site Acquisition Act (P.L. of 1964, chapter 133); and
(25) To compensate the departments, divisions, agencies, or boards from the water
development fund in an amount equal to the cost of providing the functions or services as are
directed to be performed by the governor. The compensation shall be mandatory and shall be
provided according to procedures established by the department of administration.
(b) The board as a body politic and corporate and public instrumentality created pursuant
to this chapter is subject to § 46-15.1-5(1) — (25). The board as the state agency pursuant to chapter
15 of this title is subject to § 46-15.1-5(15) — (25).
SECTION 19. Section 46-15.1-19.1 of the General Laws in Chapter 46-15.1 entitled
"Water Supply Facilities" is hereby repealed.
46-15.1-19.1. Big River Reservoir — Administration.
The Rhode Island water resources board, established pursuant to this chapter and chapter
15 of this title, shall be the only designated agency which will administer those lands acquired for
the Big River Reservoir as established under section 23 of chapter 133 of the Public Laws of 1964.
The director of the department of environmental management and the director’s authorized agents,
employees, and designees shall, together with the water resources board in accordance with the Big
River management area land use plan for the lands, protect the natural resources of the Big River
Reservoir lands. The lands of the Big River Reservoir are subject to enforcement authority of the
department of environmental management, as provided for in chapter 17.1 of title 42, and as
provided for in title 20 of the General Laws.
SECTION 20. Sections 46-31.1-1, 46-31.1-2 and 46-31.1-3 of the General Laws in Chapter
46-31.1 entitled "The Rhode Island Bays, Rivers and Watersheds Fund" are hereby amended to
read as follows:
The general assembly hereby finds and declares as follows:
(1) The bays, rivers, and associated watersheds of Rhode Island are unique and unparalleled
natural resources that provide significant cultural, ecological, and economic benefit to the state.
(2) Pursuant to the provisions of R.I. Const., art. 1, § 17, it is the duty of the general
assembly to provide for the conservation of the air, land, water, plant, animal, mineral, and other
natural resources of the state; and to adopt all means necessary and proper by law to protect the
natural environment of the people of the state by providing adequate resource planning for the
control and regulation of the use of the natural resources of the state; and for the preservation,
regeneration, and restoration of the natural environment of the state.
(3) It is in the best interest of the state and its citizens to preserve, protect, and restore our
bays, rivers, lakes, and associated watersheds.
(4) Sixty percent (60%) of the watershed of Narragansett Bay is within Massachusetts,
almost all of the watershed of Mount Hope Bay is within Massachusetts, and five percent (5%) of
the watershed of Little Narragansett Bay is within Connecticut; further, a cluster of water-related
economic interests spans the three (3) states.
(5) There is a need to foster effective management, preservation, restoration, and
monitoring of the bays, rivers, lakes, and watersheds; and the promotion of sustainable economic
development of businesses that rely directly or indirectly on the bays, rivers, and watersheds.
As used in this chapter, unless the context clearly indicates otherwise:
(1) “Bays” means the estuaries including Narragansett Bay, Mount Hope Bay, Greenwich
Bay, Little Narragansett Bay, the coastal ponds, the Sakonnet River, and Rhode Island territorial
waters that extend seaward three geographical miles from the shoreline including the area around
Block Island.
(2) “Coordination” means to harmonize in a common action or effort and/or to function in
a complementary manner.
(3) “Lake” or “pond” means a place, natural or manmade, located wholly or partly within
the State of Rhode Island, where open standing or slowly moving water is present for at least six
(6) months of the year. For the purposes of this chapter, “lake” or “pond” shall exclude commercial
or industrial waterbodies created for the purpose of providing cooling water, concrete or poly-lined
waterbodies, and construction dewatering basins.
(3) (4) “River” means a flowing body of water or estuary or a section, portion, or tributary
thereof, including, but not limited to, streams, creeks, brooks, ponds, and small lakes.
(4) (5) “Water cluster” means an economically interconnected grouping of businesses,
institutions, and people relying directly or indirectly on the bays, rivers, and watersheds including,
but not limited to, the following sectors:
(i) Recreation, tourism, and public events;
(ii) Fisheries and aquaculture;
(iii) Boat and ship building;
(iv) Boating-related businesses;
(v) Transportation;
(vi) Military;
(vii) Research; and
(viii) Technology development and education.
(5) (6) “Watershed” means a land area which because of its topography, soil type, and
drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or
planned public water supplies.
(a) There is hereby established a restricted receipt account within the Department of
Environmental Management to be called the Bays, Rivers and Watersheds Fund;
(b) The fund shall consist of any funds which the state may from time to time appropriate,
as well as money received as gifts, grants, bequests, donations or other funds from any public or
private sources, as well as all fees collected pursuant to § 46-23-1(f)(2) for the leasing of submerged
lands for transatlantic cables, and all fees collected pursuant to chapter 12.11 of this title for the
disposal of septage;
(c) All funds, monies, and fees collected pursuant to this section shall be deposited in the
Bays, Rivers and Watersheds Fund, and shall be utilized by the Department of Environmental
Management consistent with the purposes of § 46-23.2-1 entitled, “The Comprehensive Watershed
and Marine Monitoring Act of 2004,” § 46-12 chapter 12 of title 46 entitled , “Water Pollution” ,
chapter 33 of title 46 entitled, “Freshwater Lake Management Program,” and chapter 6.2 of title 4
42 entitled “ Resilient Rhode Island Act of 2014 Climate Change Coordination Council 2021 Act
on Climate .” All expenditures from the fund shall be subject to appropriation by the general
assembly.
SECTION 21. Sections 46-33-1 and 46-33-2 of the General Laws in Chapter 46-33 entitled
"Freshwater Lake Management Program" are hereby amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) “Aquatic invasive species” means those invasive or non-native species that inhabit
water resources including lakes, ponds, rivers, and streams.
(2) “Coordination” means to harmonize in a common action or effort and/or to function in
a complementary manner.
(3) “Department” means the Rhode Island department of environmental management.
(4) “Invasive species” means an alien species whose introduction does or is likely to cause
economic or environmental harm, or harm to human health.
(5) “Lake” or “pond” means a place, natural or manmade, located wholly or partly within
the state of Rhode Island, where open standing or slowly moving water shall be present for at least
six (6) months of the year.
(6) “Lake association” means an association, club, or other organization, formed and
registered in Rhode Island, that has responsibility for stewardship and management of a freshwater
lake or pond.
(7) “Non-native species” means a species of plant, animal, or microbe that is:
(i) Introduced to a country or region where it is not native;
(ii) Is reproducing and spreading without human cultivation; and
(iii) Is causing harm to native species or the areas in which they live.
(8) “Rhode Island lake management fund” means the fund established by § 46-33-3.
(a) The department shall develop and implement a lake management program. The program
shall include the following elements:
(1) Field surveys and mapping to document the presence of aquatic invasive species in
freshwaters;
(2) Development and provision of guidance and technical assistance to lake associations,
watershed organizations, and municipalities interested in undertaking lake management actions;
(3) Coordination of the implementation of lake management actions, where appropriate;
(4) Oversight of lake management policy and program development;
(5) Distribution of financial assistance for lake management, including control of aquatic
invasive plants, as resources allow , including such sums as appropriated by the general assembly
from the Bays, Rivers and Watersheds Fund established by § 46-31.1-3 ; and
(6) Other activities consistent with the powers and duties assigned to the department in §
17 42-17.1-2(34).
(b) Upon receipt of funding, the department shall establish procedures and rules for the
distribution of lake management grants consistent with the following provisions:
(1) Entities eligible to apply for assistance shall include lake associations, watershed
associations, municipal governments, and other nonprofit, non-governmental environmental and
conservation organizations.
(2) Projects involving lakes and ponds located wholly within a privately owned property
and that lack public access to the waterbody are not eligible for assistance.
(3) Projects involving lakes and ponds that lack public access, excepting those excluded in
subsection (b)(2) of this section, may be eligible to apply for financial assistance provided the
department determines that active management is necessary to protect publicly accessible
freshwater resources.
(4) Projects shall be solicited through a publicly advertised process.
(5) Projects shall require a matching contribution of funds.
(6) Eligible projects are determined by the department to be technically sound and
appropriate control or to mitigate an existing aquatic invasive species management, water quality,
or aquatic habitat concern.
(7) Funding is used to design and implement specific lake management actions.
SECTION 22. This article shall take effect upon passage, except for section 2 which shall
take effect on July 1, 2026.
=======
art.004/2/004/1
=======
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
SECTION 1. This article shall serve as the joint resolutions of approval required pursuant
to Rhode Island Law § 35-18-1, et seq. for the financing and/or the guarantee of the below described
projects.
SECTION 2. Rhode Island College – Residential Life Renovations – Auxiliary Enterprise
WHEREAS, The Council on Postsecondary Education and Rhode Island College
(“College”) are proposing a project which involves the renovation of five (5) residence halls on the
College campus; and
WHEREAS, The College is committed to providing adequate and suitable housing for its
students that will attract undergraduate resident students to the College; and
WHEREAS, The renovations will address improvements to critical infrastructure for
continued occupancy of the five (5) residency halls, and the aesthetic improvements to be made
will enhance the on-campus experience for the resident students; and
WHEREAS, The College engaged a qualified architectural firm, which completed an
analysis on the condition of these residence halls.
WHEREAS, The project consists of the renovation and replacement of building envelopes,
elevators, mechanical systems, fire alarms, sprinklers, and other improvements needed to improve
the residential sector of the campus, which project is included in the College Capital Improvement
Plan; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the
General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island
and other public agencies of certain obligations including financing guarantees or other agreements;
and
WHEREAS, The costs associated with this auxiliary enterprise project will be financed
through Rhode Island Health and Education Building Corporation (RIHEBC) revenue bonds, with
an expected term of twenty (20) years; and
WHEREAS, The total project cost associated with the completion of this project and
proposed financing method is twenty million six hundred thousand dollars ($20,600,000), including
capitalized interest, if any, and associated costs of financing. Debt service payments would be
supported by revenues derived from the College’s Residential Life auxiliary student fees, and total
debt service on the bonds is not expected to exceed one million eight hundred twenty-five thousand
dollars ($1,825,000) annually and thirty-six million five hundred thousand dollars ($36,500,000)
in the aggregate based on an average interest rate of six percent (6%) and a twenty (20) year term;
now, therefore be it
RESOLVED, That this General Assembly hereby approves financing in an amount not to
exceed totals debt service payments of thirty-six million five hundred thousand dollars
($36,500,000) for the residential life renovations project on the College campus; and be it further
RESOLVED, That this joint resolution shall take effect upon passage.
SECTION 3. University of Rhode Island -- Repaving and Hardscape Improvements
WHEREAS, The University of Rhode Island Board of Trustees and the University of
Rhode Island (“University”) are proposing a project which involves the re-pavement and
reconstruction of major parking facilities, internal roadways and walkways, and associated
infrastructure on the University’s Kingston, Narragansett Bay, and W. Alton Jones campuses; and
WHEREAS, The project and its proposed funding have been duly reviewed and approved
by the University of Rhode Island Board of Trustees as part of the FY 2027–2031 Capital
Improvement Plan; and
WHEREAS, The University has made progress in the improvement of its extensive
inventory of paved surfaces on its campuses, the scope of repaving and reconstruction of major
parking facilities, internal roadways and walkways, and associated infrastructure is substantial and
ongoing; and
WHEREAS, A recent comprehensive campus plan recommends the redevelopment of
campus roadways, allowing safe travel for pedestrians, cyclists, vehicles, and other modes of travel;
and
WHEREAS, The design and execution of this comprehensive plan will improve the
campus’s environmental impact; and
WHEREAS, These timely project commitments serve the objectives of both the University
and the local community; and
the amount of twenty million dollars ($20,000,000); and
WHEREAS, The project cost associated with completion of the project and the proposed
financing method is twenty million dollars ($20,000,000), including the cost of issuance. Debt
service payments would be supported by both the University’s unrestricted general revenues and
enterprise funding from the University’s parking services operation. Total debt service on the bonds
is not expected to exceed one million seven hundred forty-three thousand seven hundred fifty
dollars ($1,743,750) annually and thirty-four million eight hundred seventy-five thousand dollars
($34,875,000) in the aggregate based on an average interest rate of six percent (6%); now, therefore,
be it
RESOLVED, That this General Assembly hereby approves financing in an amount not to
exceed total debt service payments of thirty-four million eight hundred seventy-five thousand
dollars ($34,875,000) for the repaving and hardscape improvements projects at the University of
Rhode Island; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage.
SECTION 4. University of Rhode Island – Automotive and Administrative Services
WHEREAS, The University of Rhode Island Board of Trustees and the University of
Rhode Island (“University”) are proposing a project which provides proper working space for
“Automotive and Administrative Mail and Printing Services” in the University’s service sector;
and
WHEREAS, The University has made progress in the improvement of its service center to
align with the improvements made to the academic, research, and student life facilities; and
WHEREAS, The project and its proposed funding have been duly reviewed and approved
by the University of Rhode Island Board of Trustees as part of the FY 2027–2031 Capital
Improvement Plan; and
WHEREAS, The design and execution of this project will improve the delivery of the
associated services to the campus; and
WHEREAS, The individual projects may be delivered in a phased approach; and
WHEREAS, These timely project commitments serve the objectives of the University; and
the amount of fourteen million four hundred thousand dollars ($14,400,000); and
WHEREAS, The project cost associated with completion of the project and the proposed
financing method is fourteen million four hundred thousand dollars ($14,400,000), including the
cost of issuance. Debt service payments would be supported by the University’s unrestricted
general revenues. Total debt service on the bonds is not expected to exceed one million two hundred
fifty-seven thousand five hundred dollars ($1,257,500) annually and twenty-five million one
hundred fifty thousand dollars ($25,150,000) in the aggregate based on an average interest rate of
six percent (6%); now, therefore, be it
RESOLVED, That this General Assembly hereby approves financing in an amount not to
exceed total debt service payments of twenty-five million one hundred fifty thousand dollars
($25,150,000) for the Automotive and Administrative Services project at the University; and be it
further
RESOLVED, That this Joint Resolution shall take effect upon passage.
SECTION 5. This article shall take effect upon passage.
=======
art.005/7/005/6/005/5/005/4/005/3/005/2/006/1
=======
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 2026, 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 2026 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/or temporary notes authorized in
accordance with the provisions of said act?"
Project
(1) Higher Education Facilities $275,000,000
Approval of this question will allow the State to issue general obligation bonds, refunding
bonds, and/or temporary notes in an amount not to exceed two hundred and seventy-five million
dollars ($275,000,000) for capital improvements to higher education facilities, to be allocated as
follows:
(a) University of Rhode Island Integrated Health Building $165,000,000
Provides one hundred and sixty-five million dollars ($165,000,000) for the construction of
the new Integrated Health Building on the University of Rhode Island's Kingston campus to
advance health education, clinical training, and workforce development.
(b) RIC Adams Library Renovations $50,000,000
Provides fifty million dollars ($50,000,000) to fund the construction of a student success
and career readiness center and renovations located at the Adams Library on the Rhode Island
College campus.
(c) CCRI Workforce Innovation Center $60,000,000
Provides sixty million dollars ($60,000,000) to fund the construction of a new workforce
innovation center located on the Warwick campus of the Community College of Rhode Island.
Funds will be used for the construction of a modern career and technical educational facility
designed to support workforce readiness and address critical workforce shortages in the State.
(2) Housing and Homeownership $120,000,000
Approval of this question will allow the State to issue general obligation bonds, refunding
bonds, and/or temporary notes in an amount not to exceed one hundred and twenty million dollars
($120,000,000) to increase and preserve the availability of affordable and accessible housing to
meet the needs of all Rhode Islanders and support community revitalization through the
redevelopment of existing structures, new construction, property acquisition, and infrastructure
improvements. Of this amount, at least twenty-five million dollars ($25,000,000) shall be allocated
towards increasing production of housing intended for homeownership and up to ten million dollars
($10,000,000) may be used to support a program for public housing development.
(3) Economic Development $100,000,000
Approval of this question will allow the State to issue general obligation bonds, refunding
bonds, and/or temporary notes in an amount not to exceed one hundred million dollars
($100,000,000) to fund industrial facilities infrastructure improvements for economic development
purposes to fund site development and growth industry infrastructure , to be allocated as follows:
(a) Site Development $55,000,000
Provides fifty-five million dollars ($55,000,000) for land acquisition or assembly,
environmental remediation, infrastructure and utility installation, site preparation or development,
and project investments. Eligible uses include, but are not limited to, large-scale industrial site
development to create pad-ready locations and/or facilities, infrastructure improvements and
investments within the Quonset Business Park, and land acquisition, preparation, and project
investments within the I-195 District.
(b) Growth Industry Infrastructure $45,000,000
Provides forty-five million dollars ($45,000,000) for infrastructure, facilities, projects, and
investments that support Rhode Island's ocean, defense, life sciences, data analytics and related
industries. Eligible uses include, but are not limited to, water-based test ranges and onshore ocean
or defense-related innovation/production facilities, as well as facilities, projects, and investments
that advance businesses and job growth in the life sciences.
(4) Cultural Economy $50,000,000
Approval of this question will allow the State to issue general obligation bonds, refunding
bonds, and/or temporary notes in an amount not to exceed fifty million dollars ($50,000,000) to
provide funding for cultural economy efforts to be allocated as follows:
(a) State History Center $45,000,000
Provides forty-five million dollars ($45,000,000) for the construction of a new Rhode Island State
History Center.
(b) State Preservation Grants Program $5,000,000
Provides five million dollars ($5,000,000) in matching grants administered by the Rhode
Island Historical Preservation and Heritage Commission to cities, towns and nonprofit
organizations for capital improvements to public historic sites, museums and cultural art centers
located in historic structures, and heritage museums throughout the State.
(5) Green Economy Bonds $55,000,000
Approval of this question will allow the State to issue general obligation bonds, refunding
bonds, and/or temporary notes in an amount not to exceed fifty-five million dollars ($55,000,000)
for environmental and recreational purposes, to be allocated as follows:
(a) Brownfields Remediation and Economic Development $3,000,000
Provides three million dollars ($3,000,000) for up to eighty percent (80%) matching grants
to public, private, and/or non-profit entities for brownfield remediation projects.
(b) Facility Improvements $12,000,000
Provides twelve million dollars ($12,000,000) for the renovation and repair of existing
facilities and recreational venues as well as the development and construction of new facilities and
parks.
(c) Local Recreation Projects $1,000,000
Provides one million dollars ($1,000,000) for up to eighty percent (80%) matching grants
for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the
growing needs for active outdoor recreational facilities.
(d) Marine Infrastructure Development $1,000,000
Provides one million dollars ($1,000,000) to provide asset protection and emergency repair
needs for most facilities, including recreational facilities, marine infrastructure, and more.
(e) Resilient Rhody Infrastructure Fund $25,000,000
Provides twenty-five million dollars ($25,000,000) to provide financial assistance to local
governmental units for restoring and/or improving resiliency of infrastructure, vulnerable coastal
habitats, and restoring rivers and stream floodplains. These funds will be prioritized to leverage
significant funds to support local programs to improve community resiliency, stormwater
abatement and public safety in the face of increased flooding, major storm events, and
environmental degradation.
(f) Narragansett Bay Watershed Restoration $7,000,000
Provides seven million dollars ($7,000,000) 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.
(g) Agriculture Land Preservation Commission $3,000,000
Provides three million dollars ($3,000,000) to the agricultural land preservation
commission for farmland protection.
(h) Open Space 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, watershed, and recreational lands.
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 the 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 the 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, 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 2026 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 (20th) 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 the 2026 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 2026 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 2026 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.
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, 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 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 the 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 the "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 2026 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 two hundred and seventy-five million dollars
($275,000,000) to provide funding for higher education facilities to be allocated as follows:
(a) University of Rhode Island Integrated Health Building $165,000,000
Provides one hundred and sixty-five million dollars ($165,000,000) for the construction of
the new Integrated Health Building on the University of Rhode Island's Kingston campus to
advance health education, clinical training, and workforce development.
(b) RIC Adams Library Renovations $50,000,000
Provides fifty million dollars ($50,000,000) to fund the construction of a student success
and career readiness center and renovations located at the Adams Library the Rhode Island College
campus.
(c) CCRI Workforce Innovation Center $60,000,000
Provides sixty million dollars ($60,000,000) to fund the construction of a new workforce
innovation center located on the Warwick campus of the Community College of Rhode Island.
Funds will be used for the construction of a modern career and technical educational facility
designed to support workforce readiness and address critical workforce shortages in the State.
Question 2, relating to bonds in the amount of one hundred and twenty million dollars
($120,000,000) to increase and preserve the availability of affordable and accessible housing to
meet the needs of all Rhode Islanders and support community revitalization through the
redevelopment of existing structures, new construction, property acquisition, and infrastructure
improvements. Of this amount, at least twenty-five million dollars ($25,000,000), shall be allocated
towards increasing production of housing intended for homeownership and up to ten million dollars
($10,000,000) may be used to support a program for public housing development.
Question 3, relating to bonds in the amount of one hundred million dollars ($100,000,000)
to fund industrial facilities infrastructure improvements for economic development purposes to
fund site development and growth industry infrastructure , to be allocated as follows:
(a) Site Development $55,000,000
Provides fifty-five million dollars ($55,000,000) for land acquisition or assembly,
environmental remediation, infrastructure and utility installation, site preparation or development,
and project investments. Eligible uses include, but are not limited to, large-scale industrial site
development to create pad-ready locations and/or facilities, infrastructure improvements and
investments within the Quonset Business Park, and land acquisition, preparation, and project
investments within the I-195 District.
(b) Growth Industry Infrastructure $45,000,000
Provides forty-five million dollars ($45,000,000) for infrastructure, facilities, projects, and
investments that support Rhode Island's ocean, defense, life sciences, data analytics and related
industries. Eligible uses include, but are not limited to, water-based test ranges and onshore ocean
or defense-related innovation/production facilities, as well as facilities, projects, and investments
that advance businesses and job growth in the life sciences.
Question 4, relating to bonds in the amount of fifty million dollars ($50,000,000) to provide
funding for cultural economy efforts to be allocated as follows:
(a) State History Center $45,000,000
Provides forty-five million dollars ($45,000,000) for the construction of a new Rhode
Island State History Center.
(b) State Preservation Grants Program $5,000,000
Provides five million dollars ($5,000,000) in matching grants administered by the Rhode
Island Historical Preservation and Heritage Commission to cities, towns and nonprofit
organizations for capital improvements to public historic sites, museums and cultural art centers
located in historic structures, and heritage museums throughout the State.
Question 5, relating to bonds in the amount of fifty-five million dollars ($55,000,000) for
environmental and recreational purposes, to be allocated as follows:
(a) Brownfields Remediation and Economic Development $3,000,000
Provides three million dollars ($3,000,000) for up to eighty percent (80%) matching grants
to public, private, and/or non-profit entities for brownfield remediation projects.
(b) Facility Improvements $12,000,000
Provides twelve million dollars ($12,000,000) for the renovation and repair of existing
facilities and recreational venues as well as the development and construction of new facilities and
parks.
(c) Local Recreation Projects $1,000,000
Provides one million dollars ($1,000,000) for up to eighty percent (80%) matching grants
for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the
growing needs for active outdoor recreational facilities.
(d) Marine Infrastructure Development $1,000,000
Provides one million dollars ($1,000,000) to provide asset protection and emergency repair
needs for most facilities, including recreational facilities, marine infrastructure, and more.
(e) Resilient Rhody Infrastructure Fund $25,000,000
Provides twenty-five million dollars ($25,000,000) to provide financial assistance to local
governmental units for restoring and/or improving resiliency of infrastructure, vulnerable coastal
habitats, and restoring rivers and stream floodplains. These funds will be prioritized to leverage
significant funds to support local programs to improve community resiliency, stormwater
abatement and public safety in the face of increased flooding, major storm events, and
environmental degradation.
(f) Narragansett Bay Watershed Restoration $7,000,000
Provides seven million dollars ($7,000,000) 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.
(g) Agriculture Land Preservation Commission $3,000,000
Provides three million dollars ($3,000,000) to the agricultural land preservation
commission for farmland protection.
(h) Open Space 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, watershed, and recreational lands.
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 monies 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.
=======
art.006/5/006/4/006/3/006/2/005/1
=======
RELATING TO TAXES AND FEES
SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 6.6
RHODE ISLAND TAX AMNESTY ACT OF 2026
This chapter shall be known and may be cited as the “Rhode Island Tax Amnesty Act of
9 2026.”
As used in this chapter, the following terms have the meaning ascribed to them in this
section, except when the context clearly indicates a different meaning:
(1) "Taxable period" means any period for which a tax return is required by law to be filed
with the tax administrator.
(2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed
by any law of the State of Rhode Island and payable to the State of Rhode Island and collected by
the tax administrator.
(a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any
tax imposed by reason of or pursuant to authorization by any law of the State of Rhode Island and
collected by the tax administrator. Amnesty tax return forms shall be developed by the tax
administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period
for which amnesty is being sought by the taxpayer.
(b) The amnesty program shall be conducted for a seventy-five (75) day period ending on
25 February 15, 2027. The amnesty program shall provide that, upon written application by a taxpayer
and payment by the taxpayer of all taxes and interest due from the taxpayer to the State of Rhode
Island for any taxable period ending on or before December 31, 2025, the tax administrator shall
not seek to collect any penalties that may be applicable and shall not seek the civil or criminal
prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty
shall be granted only to those taxpayers applying for amnesty during the amnesty period who have
paid the tax and interest due upon filing the amnesty tax return, or who have entered into an
installment payment agreement for reasons of financial hardship and upon terms and conditions set
by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under
the agreement, such an agreement shall cease to be effective and the balance of the amounts
required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the
taxable period specified in the application and only if all amnesty conditions are satisfied by the
taxpayer.
(c) The provisions of this section shall include a taxable period for which a bill or notice
of deficiency determination has been sent to the taxpayer.
(d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or
are a party to any civil or criminal proceeding pending in any court for fraud in relation to any state
tax imposed by the law of the state and collected by the tax administrator.
Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods
covered under the amnesty provisions of this chapter shall be computed at the rate imposed under
§ 44-1-7, reduced by twenty-five percent (25%).
Notwithstanding any provision of law to the contrary, the tax administrator may do all
things necessary in order to provide for the timely implementation of this chapter including, but
not limited to, procurement of printing and other services and expenditure of appropriated funds.
All monies collected pursuant to any tax imposed by the State of Rhode Island under the
provisions of this chapter shall be accounted for separately and paid into the general fund.
The tax administrator shall provide an analysis of the amnesty program to be posted on its
website by April 30, 2027. The analysis shall include revenues received by tax source,
distinguishing between the tax collected and interest collected for each source. In addition, the
analysis shall further identify the amounts that are new revenues from those already included in the
general revenue receivable taxes, defined under generally accepted accounting principles and the
state's audited financial statements.
The tax administrator may promulgate such rules and regulations as are necessary to
implement the provisions of this chapter.
SECTION 2. Sections 44-11-2.2, 44-11-2.3 and 44-11-11 of the General Laws in Chapter
44-11 entitled "Business Corporation Tax" are hereby amended to read as follows:
(a) Definitions.
(1) “Administrative adjustment request” means an administrative adjustment request filed
by a partnership under IRC section 6227.
(2) “Audited partnership” means a partnership or an entity taxed as a partnership federally
subject to a partnership level audit resulting in a federal adjustment.
(3) “Direct partner” means a partner that holds an interest directly in a partnership or pass-
through entity.
(4) “Federal adjustment” means a change to an item or amount determined under the
Internal Revenue Code (IRC) that is used by a taxpayer to compute Rhode Island tax owed whether
that change results from action by the IRS, including a partnership level audit, or the filing of an
amended federal return, federal refund claim, or an administrative adjustment request by the
taxpayer. A federal adjustment is positive to the extent that it increases state taxable income as
determined under Rhode Island state laws and is negative to the extent that it decreases state taxable
income as determined under Rhode Island state laws.
(5) “Final determination date” means if the federal adjustment arises from an IRS audit or
other action by the IRS, the final determination date is the first day on which no federal adjustments
arising from that audit or other action remain to be finally determined, whether by IRS decision
with respect to which all rights of appeal have been waived or exhausted, by agreement, or, if
appealed or contested, by a final decision with respect to which all rights of appeal have been
waived or exhausted. For agreements required to be signed by the IRS and the taxpayer, the final
determination date is the date on which the last party signed the agreement.
(6) “Final federal adjustment” means a federal adjustment after the final determination date
for that federal adjustment has passed.
(7) “Indirect partner” means a partner in a partnership or pass-through entity that itself
holds an interest directly, or through another indirect partner, in a partnership or pass-through
entity.
(8) “Member” means an individual who is a shareholder of an S corporation; a partner in a
general partnership, a limited partnership, or a limited liability partnership; a member of a limited
liability company; or a beneficiary of a trust;
(9) “Nonresident” means an individual who is not a resident of or domiciled in the state, a
business entity that does not have its commercial domicile in the state, and a trust not organized in
the state.
(10) “Partner” means a person that holds an interest directly or indirectly in a partnership
or other pass-through entity.
(11) “Partnership” means an entity subject to taxation under Subchapter K of the IRC.
(12) “Partnership level audit” means an examination by the IRS at the partnership level
pursuant to Subchapter C of Title 26, Subtitle F, Chapter 63 of the IRC, as enacted by the Bipartisan
Budget Act of 2015, Public Law 114-74, which results in Federal Adjustments.
(13) “Pass-through entity” means a corporation that for the applicable tax year is treated as
an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership, limited
partnership, limited liability partnership, trust, or limited liability company that for the applicable
tax year is not taxed as a corporation for federal tax purposes under the state’s check-the-box
regulation.
(14) “Tiered partner” means any partner that is a partnership or pass-through entity.
(b) Withholding.
(1) A pass-through entity shall withhold income tax at the highest Rhode Island
withholding tax rate provided for individuals or seven percent (7%) for corporations on the
member’s share of income of the entity that is derived from or attributable to sources within this
state distributed to each nonresident member and pay the withheld amount in the manner prescribed
by the tax administrator. The pass-through entity shall be liable for the payment of the tax required
to be withheld under this section and shall not be liable to the member for the amount withheld and
paid over in compliance with this section. A member of a pass-through entity that is itself a pass-
through entity (a “lower-tier pass-through entity”) shall be subject to this same requirement to
withhold and pay over income tax on the share of income distributed by the lower-tier pass-through
entity to each of its nonresident members. The tax administrator shall apply tax withheld and paid
over by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding
required of that lower-tier pass-through entity.
(2) A pass-through entity shall, at the time of payment made pursuant to this section, deliver
to the tax administrator a return upon a form prescribed by the tax administrator showing the total
amounts paid or credited to its nonresident members, the amount withheld in accordance with this
section, and any other information the tax administrator may require. A pass-through entity shall
furnish to its nonresident member annually, but not later than the fifteenth day of the third month
after the end of its taxable year, a record of the amount of tax withheld on behalf of the member on
a form prescribed by the tax administrator.
(c) Notwithstanding subsection (b), a pass-through entity is not required to withhold tax
for a nonresident member if:
(1) The member has a pro rata or distributive share of income of the pass-through entity
from doing business in, or deriving income from sources within, this state of less than $1,000 per
annual accounting period;
(2) The tax administrator has determined by regulation, ruling, or instruction that the
member’s income is not subject to withholding;
(3) The member elects to have the tax due paid as part of a composite return filed by the
pass-through entity under subsection (d); or
(4) The entity is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) that is
treated as a partnership for the purposes of the Internal Revenue Code and that has agreed to file
an annual information return reporting the name, address, taxpayer identification number, and other
information requested by the tax administrator of each unitholder with an income in the state in
excess of $500.
(d) Composite return.
(1) A pass-through entity may file a composite income tax return on behalf of electing
nonresident members reporting and paying income tax at the state’s highest marginal rate on the
members’ pro rata or distributive shares of income of the pass-through entity from doing business
in, or deriving income from sources within, this State. For the purposes of this chapter, for tax years
beginning on or after January 1, 2027, any reference to the highest marginal rate shall be the sum
of the highest marginal tax rate in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income surtax in § 44-
30-2.6(c)(3)(A)(I)(2).
(2) A nonresident member whose only source of income within a state is from one or more
pass-through entities may elect to be included in a composite return filed pursuant to this section.
(3) A nonresident member that has been included in a composite return may file an
individual income tax return and shall receive credit for tax paid on the member’s behalf by the
pass-through entity.
(e) Partnership level audit.
(1) A partnership shall report final federal adjustments pursuant to IRC section 6225(a)(2)
arising from a partnership level audit or an administrative adjustment request and make payments
by filing the applicable supplemental return as prescribed under § 44-11-2.2(e)(1)(ii), and as
required under § 44-11-19(b), in lieu of taxes owed by its direct and indirect partners.
(i) Failure of the audited partnership or tiered partner to report final federal adjustments
pursuant to IRC section 6225(a) and 6225(c) or pay does not prevent the tax administrator from
assessing the audited partnership, direct partners, or indirect partners for taxes they owe, using the
best information available, in the event that a partnership or tiered partner fails to timely make any
report or payment required by § 44-11-19(b) for any reason.
(ii) The tax administrator may promulgate rules and regulations, not inconsistent with law,
to carry into effect the provisions of this chapter.
(a) Definitions. As used in this section:
(1) “Election” means the annual election to be made by the pass-through entity by filing
the prescribed tax form and remitting the appropriate tax.
(2) “Net income” means the net ordinary income, net rental real estate income, other net
rental income, guaranteed payments, and other business income less specially allocated
depreciation and deductions allowed pursuant to § 179 of the United States Revenue Code (26
U.S.C. § 179), all of which would be reported on federal tax form schedules C and E. Net income
for purposes of this section does not include specially allocated investment income or any other
types of deductions.
(3) “Owner” means an individual who is a shareholder of an S Corporation; a partner in a
general partnership, a limited partnership, or a limited liability partnership; a member of a limited
liability company, a beneficiary of a trust; or a sole proprietor.
(4) “Pass-through entity” means a corporation that for the applicable tax year is treated as
an S Corporation under I.R.C. 1362(a) (26 U.S.C. § 1362(a)), or a general partnership, limited
partnership, limited liability partnership, trust, limited liability company or unincorporated sole
proprietorship that for the applicable tax year is not taxed as a corporation for federal tax purposes
under the state’s regulations.
(5) “State tax credit” means the amount of tax paid by the pass-through entity at the entity
level that is passed through to an owner on a pro rata basis. For tax years beginning on or after
24 January 1, 2025, “state tax credit” means ninety percent (90%) of the amount of tax paid by the
pass-through entity at the entity level that is passed through to an owner on a pro rata basis.
(b) Elections.
(1) For tax years beginning on or after January 1, 2019, a pass-through entity may elect to
pay the state tax at the entity level at the rate of five and ninety-nine hundredths percent (5.99%).
(2) For tax years beginning on or after January 1, 2027, a pass-through entity electing to
pay the state tax in subsection (b)(1) of this section may also elect to pay the state tax at the entity
level on income equal to or exceeding the amount in § 44-30-2.6(c)(3)(A)(I)(2) at the rate in § 44-
30-2.6(c)(3)(A)(I)(2).
(2) (3) If a pass-through entity elects to pay an entity tax under this subsection, the entity
shall not have to comply with the provisions of § 44-11-2.2 regarding withholding on non-resident
owners. In that instance, the entity shall not have to comply with the provisions of § 44-11-2.2
regarding withholding on non-resident owners.
(c) Reporting.
(1) The pass-through entity shall report the pro rata share of the state income taxes paid by
the entity which sums will be allowed as a state tax credit for an owner on his or her personal
income tax return.
(2) The pass-through entity shall also report the pro rata share of the state income taxes
paid by the entity as an income (addition) modification to be reported by an owner on his or her
personal income tax returns
(d) State tax credit shall be the amount of tax paid by the pass-through entity, at the entity
level, which is passed through to the owners, on a pro rata basis. For tax years beginning on or after
12 January 1, 2025, the state tax credit shall be ninety percent (90%) of the amount of tax paid by the
pass-through entity, at the entity level, which is passed through to the owners, on a pro rata basis.
(e) A similar type of tax imposed by another state on the owners’ income paid at the state
entity level shall be deemed to be allowed as a credit for taxes paid to another jurisdiction in
accordance with the provisions of § 44-30-18.
(f) “Combined reporting” as set forth in § 44-11-4.1 shall not apply to reporting under this
section.
(a) (1) “Net income” means, for any taxable year and for any corporate taxpayer, the taxable
income of the taxpayer for that taxable year under the laws of the United States, plus: with the
additions and deductions specified in this section.
(b) Additions increasing taxable income. There shall be added to taxable income:
(i) (1) Any interest not included in the taxable income;
(ii) (2) Any specific exemptions;
(iii) (3) The tax imposed by this chapter;
(iv) (4) For any taxable year beginning on or after January 1, 2020, the amount of any
Paycheck Protection Program loan forgiven for federal income tax purposes as authorized by the
Coronavirus Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act,
2021 and/or any other subsequent federal stimulus relief packages enacted by law, to the extent that
the amount of the loan forgiven exceeds $250,000; and minus:
(5) For the taxable year beginning on or before January 1, 2025, the amount of any income,
deduction, or allowance that would be subject to federal income tax but for the Congressional
enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The
enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any
Internal Revenue Service changes to forms, regulations, and/or processing which go into effect
during the current tax year or within six (6) months of the beginning of the next tax year shall be
deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to
effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect
to the One Big Beautiful Bill Act or any other similar Congressional enactment;
(6) For any taxable year beginning on or after January 1, 2026, the amount of the deduction
taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less the amount
of the deduction that would have been allowed as a deduction for domestic research and
experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1
(Pub. L. 119-21);
(7) For any taxable year beginning on or after January 1, 2027, the amount of any deduction
allowable for depreciation, amortization, or depletion pursuant to 26 U.S.C. § 163(j)(8)(A)(v); and
(8) For any taxable year beginning on or after January 1, 2027, the amount excluded from
income pursuant to 26 U.S.C. § 1202.
(c) Deductions reducing taxable income. There shall be subtracted from taxable income:
(v) (1) Interest on obligations of the United States or its possessions, and other interest
exempt from taxation by this state;
(vi) (2) The federal net operating loss deduction;
(vii) (3) For any taxable year beginning on or after January 1, 2025, in the case of a taxpayer
that is licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any
expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under
26 U.S.C. § 280E; and
(viii) For the taxable year beginning on or before January 1, 2025, the amount of any
income, deduction, or allowance that would be subject to federal income tax but for the
Congressional enactment of the One Big Beautiful Bill Act or any other similar Congressional
enactment. The enactment of the One Big Beautiful Bill Act or any other similar Congressional
enactment and any Internal Revenue Service changes to forms, regulations, and/or processing
which go into effect during the current tax year or within six (6) months of the beginning of the
next tax year shall be deemed grounds for the promulgation of emergency rules and regulations
under § 42-35-2.10 to effectuate the purpose of preserving the Rhode Island tax base under Rhode
Island law with respect to the One Big Beautiful Bill Act or any other similar Congressional
enactment.
(4) For any taxable year beginning on or after January 1, 2026, the amount as determined
by the tax administrator required to be added back in a prior year that would have been allowed
under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119-21) on July 4, 2025, but would not have
been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time
4 may the cumulative modification amount for each amortized expenditure exceed one hundred
percent (100%) of said expenditure’s expense amount.
(2) (d) All binding federal elections made by or on behalf of the taxpayer applicable either
directly or indirectly to the determination of taxable income shall be binding on the taxpayer except
where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode
Island taxable income shall not include the “gross-up of dividends” required by the federal Internal
Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the
foreign tax credit.
(b) (e) A net operating loss deduction shall be allowed, which shall be the same as the net
operating loss deduction allowed under 26 U.S.C. § 172, except that:
(1) Any net operating loss included in determining the deduction shall be adjusted to reflect
the inclusions and exclusions from entire net income required by subsection (a) of this section and
(2) The deduction shall not include any net operating loss sustained during any taxable year
in which the taxpayer was not subject to the tax imposed by this chapter; and
(3) Limitation on 26 U.S.C. § 172 deduction.
(i) The deduction shall not exceed the deduction for the taxable year allowable under 26
U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other
taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the
five (5) succeeding taxable years; and
(ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not
exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided that, the
deduction for a taxable year may not be carried back to any other taxable year for Rhode Island
purposes, but shall only be allowable on a carry forward basis for the twenty (20) succeeding
taxable years.
(c) (f) “Domestic international sales corporations” (referred to as DISCs), for the purposes
of this chapter, will be treated as they are under federal income tax law and shall not pay the amount
of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in
the same manner as it is treated under federal income tax law as it exists on December 31, 1984.
(d) (g) A corporation that qualifies as a “foreign sales corporation” (FSC) under the
provisions of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year
a valid election under federal law to be treated as a FSC, shall not pay the amount of the tax
computed under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same
manner as it is treated under federal income tax law as it exists on January 1, 1985.
(e) (h) For purposes of a corporation’s state tax liability, any deduction to income allowable
under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer
for at least seven years. The division of taxation shall promulgate, in its discretion, rules and
regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c).
SECTION 3. Sections 44-20-1, 44-20-4.1 and 44-20-8.2 of the General Laws in Chapter
44-20 entitled "Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System
Products" are hereby amended to read as follows:
Whenever used in this chapter, unless the context requires otherwise:
(1) “Administrator” means the tax administrator.
(2) “Cigarettes” means and includes any cigarettes suitable for smoking in cigarette form,
“heat not burn products,” and each sheet of cigarette rolling paper, including but not limited to,
paper made into a hollow cylinder or cone, made with paper or any other material, with or without
a filter suitable for use in making cigarettes.
(3) “Dealer” means any person whether located within or outside of this state, who sells or
distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
products to a consumer in this state.
(4) “Distributor” means any person:
(i) Whether located within or outside of this state, other than a dealer, who sells or
distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
products within or into this state. Such term shall not include any cigarette or other tobacco product
manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. § 5712,
if such person sells or distributes cigarettes and/or other tobacco products and/or electronic
nicotine-delivery system products in this state only to licensed distributors, or to an export
warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;
(ii) Selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery
system products directly to purchasers in this state by means of at least twenty-five (25) vending
machines;
(iii) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco
products and/or electronic nicotine-delivery system products or any person engaged in the business
of selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
products to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five
percent (75%) of all cigarettes and/or other tobacco products and/or electronic nicotine-delivery
system products sold by that person in this state are sold to dealers or other persons for resale and
selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system products
directly to at least forty (40) dealers or other persons for resale; or
(iv) Maintaining one or more regular places of business in this state for that purpose;
provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products
and/or electronic nicotine-delivery system products are purchased directly from the manufacturer
and selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
products directly to at least forty (40) dealers or other persons for resale ; or
(v) Engaged in this state as a dealer and whose annual business sales of cigars are greater
than fifty percent (50%) of their sales .
(5) “Electronic nicotine-delivery system” means an electronic device that may be used to
simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device,
and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo,
electronic little cigars, electronic pipe, electronic hookah, e-liquids, e-liquid products, or any related
device and any cartridge or other component of such device.
(6) “Electronic nicotine-delivery system products” means any combination of electronic
nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid
container. Electronic nicotine-delivery system products shall include hemp-derived consumable
CBD products as defined in § 2-26-3.
(7) “E-liquid” and “e-liquid products” mean any liquid or substance placed in or sold for
use in an electronic nicotine-delivery system that generally utilizes a heating element that
aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine
derivative:
(i) Whether the liquid or substance contains nicotine or a nicotine derivative; or
(ii) Whether sold separately or sold in combination with a personal vaporizer, electronic
nicotine-delivery system, or an electronic inhaler.
(8) “Importer” means any person who imports into the United States, either directly or
indirectly, a finished cigarette or other tobacco product and/or electronic nicotine-delivery system
product for sale or distribution.
(9) “Licensed,” when used with reference to a manufacturer, importer, distributor, or
dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for
the type of business being engaged in. When the term “licensed” is used before a list of entities,
such as “licensed manufacturer, importer, wholesale dealer, or retailer dealer,” such term shall be
deemed to apply to each entity in such list.
(10) “Manufacturer” means any person who manufactures, fabricates, assembles,
processes, or labels a finished cigarette and/or other tobacco products and/or electronic nicotine-
delivery system products.
(11) “Other tobacco products” (OTP) means any products that are made from or derived
from tobacco or that contain nicotine, whether natural or artificial, including, but not limited to,
cigars (excluding Little Cigars, as defined in § 44-20.2-1, which are subject to cigarette tax),
cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed and
any other kinds and forms of tobacco suitable for smoking in a pipe or otherwise), chewing tobacco
(including Cavendish, twist, plug, scrap and any other kinds and forms of tobacco suitable for
chewing), any and all forms of hookah, shisha and “mu’assel” tobacco, snuff, and shall include any
other articles or products made of, derived from, or containing tobacco or nicotine, in whole or in
part, or any tobacco or nicotine substitute, except cigarettes and electronic nicotine-delivery system
products. Other tobacco products shall not mean any product that has been approved by the United
States Food and Drug Administration for the sale of or use as a tobacco or nicotine cessation
product or for other medical purposes and is marketed and sold or prescribed exclusively for that
approved purpose.
(12) “Person” means any individual, including an employee or agent, firm, fiduciary,
partnership, corporation, trust, or association, however formed.
(13) “Pipe” means an apparatus made of any material used to burn or vaporize products so
that the smoke or vapors can be inhaled or ingested by the user.
(14) “Place of business” means any location where cigarettes and/or other tobacco products
and/or electronic nicotine-delivery system products are sold, stored, or kept, including, but not
limited to; any storage room, attic, basement, garage or other facility immediately adjacent to the
location. It also includes any receptacle, hide, vessel, vehicle, airplane, train, or vending machine.
(15) “Sale” or “sell” means gifts, exchanges, and barter of cigarettes and/or other tobacco
products and/or electronic nicotine-delivery system products. The act of holding, storing, or
keeping cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
products at a place of business for any purpose shall be presumed to be holding the cigarettes and/or
other tobacco products and/or electronic nicotine-delivery system products for sale. Furthermore,
any sale of cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
products by the servants, employees, or agents of the licensed dealer during business hours at the
place of business shall be presumed to be a sale by the licensee.
(16) “Stamp” means the impression, device, stamp, label, or print manufactured, printed,
or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of
the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a
sale or distribution in this state that is exempt from state tax under the provisions of state law; and
also includes impressions made by metering machines authorized to be used under the provisions
of this chapter.
A manufacturer or importer may sell or distribute cigarettes and/or other tobacco products
and/or electronic nicotine-delivery system products to a person located or doing business within
this state, only if such person is a licensed importer or distributor. An importer may obtain cigarettes
and/or other tobacco products and/or electronic nicotine-delivery system products only from a
licensed manufacturer. A distributor may sell or distribute cigarettes and/or other tobacco products
and/or electronic nicotine-delivery system products to a person located or doing business within
this state, only if such person is a licensed distributor or dealer. A distributor may obtain cigarettes
and/or other tobacco products and/or electronic nicotine-delivery system products only from a
licensed manufacturer, importer, or distributor. A dealer may obtain cigarettes and/or other tobacco
products and/or electronic nicotine-delivery system products only from a licensed distributor.
Provided, however, this section shall not apply to cigars. Provided, further, a distributor
who qualifies for a license under § 44-20-1(4)(v) may also obtain pipe tobacco products from an
unlicensed manufacturer, importer, or distributor.
(a) No license under this chapter may be granted, maintained, or renewed if the applicant,
or any combination of persons owning directly or indirectly any interests in the applicant:
(1) Owes five hundred dollars ($500) or more in delinquent taxes;
(2) Is delinquent in any tax filings for one month or more;
(3) Had a license under this chapter revoked by the administrator within the past two (2)
years;
(4) Has been convicted of a crime relating to cigarettes and/or other tobacco products
and/or any electronic nicotine-delivery system products;
(5) Is a cigarette manufacturer or importer that is neither: (i) A participating manufacturer
as defined in subsection II (jj) of the “Master Settlement Agreement” as defined in § 23-71-2; nor
(ii) In full compliance with chapter 20.2 of this title and § 23-71-3;
(6) Has imported, or caused to be imported, into the United States any cigarette and/or
other tobacco product and/or electronic nicotine-delivery system products in violation of 19 U.S.C.
§ 1681a or any other state or federal law; or
(7) Has imported, or caused to be imported into the United States, or manufactured for sale
or distribution in the United States any cigarette that does not fully comply with the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. § 1331 et seq.).
(b)(1) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal
of a license or permit, and no license or permit shall be issued or renewed for any applicant, or any
combination of persons owning directly or indirectly any interests in the applicant, unless all
outstanding fines, fees, or other charges relating to any license or permit held by the applicant, or
any combination of persons owning directly or indirectly any interests in the applicant, as well as
any other tax obligations of the applicant, or any combination of persons owning directly or
indirectly any interests in the applicant have been paid.
(2) No license or permit shall be issued relating to a business until all prior licenses or
permits relating to that business or to that location have been officially terminated and all fines,
fees, or charges relating to the prior license or permit have been paid or otherwise resolved or the
administrator has found that the person applying for the new license or permit is not acting as an
agent for the prior licensee or permit holder who is subject to any such related fines, fees, or charges
that are still due. Evidence of such agency status includes, but is not limited to, a direct familial
relationship and/or an employment, contractual, or other formal financial or business relationship
with the prior licensee or permit holder.
(3) No person shall apply for a new license or permit pertaining to a specific location in
order to evade payment of any fines, fees, or other charges relating to a prior license or permit.
(4) No new license or permit shall be issued for a business at a specific location for which
a license or permit already has been issued unless there is a bona fide, good-faith change in
ownership of the business at that location. A distributor who qualifies for a license under § 44-20-
1(4)(v) may hold said license at the same location as its dealer's license.
(5) No license or permit shall be issued, renewed, or maintained for any person, including
the owners of the business being licensed or having applied and received a permit, that has been
convicted of violating any criminal law relating to tobacco products, the payment of taxes, or fraud
or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000) for
violations of any civil law relating to tobacco products, the payment of taxes, or fraud.
SECTION 4. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is hereby
amended by adding thereto the following section:
(a) Definitions. As used in this section:
(1) “Child” means an individual who is eighteen years of age or under as of December 31
of the tax year.
(2) “Eligible taxpayer” means any natural person or persons domiciled in this state who
filed a Rhode Island state personal income tax return for the tax year.
(b) Child Tax Credit. For tax years beginning on or after January 1, 2027, a tax credit in
the amount of three hundred thirty dollars ($330) shall be allowed for each claimed child on the
resident tax return of the eligible taxpayer.
(c) Child Tax Credit Phase Out
(1) In the case of any eligible taxpayer filing a return as a single, married filing separately,
head of household, or qualifying widow/widower taxpayer whose adjusted gross income, as
modified pursuant to § 44-30-12, for the taxable year beginning on or after January 1, 2027,
exceeds eighty-eight thousand five hundred dollars ($88,500), the credit amount shall be reduced
by the applicable percentage. The term “applicable percentage” for purposes of this subsection
means twenty (20) percentage points for each two thousand eight hundred seventy-five ($2,875)
(or fraction thereof) by which the eligible taxpayer’s adjusted gross income for the taxable year
exceeds eighty-eight thousand five hundred dollars ($88,500).
(2) In the case of any eligible taxpayer filing a return as married filing jointly taxpayer
whose adjusted gross income, as modified pursuant to § 44-30-12, for the taxable year beginning
on or after January 1, 2027, exceeds one hundred ten thousand six hundred forty dollars ($110,640),
the credit amount shall be reduced by the applicable percentage. The term “applicable percentage”
for purposes of this subsection means twenty (20) percentage points for each three thousand five
hundred ninety dollars ($3,590) (or fraction thereof) by which the eligible taxpayer’s adjusted gross
income for the taxable year exceeds one hundred ten thousand six hundred forty dollars ($110,640).
(d) Adjustment for inflation. The dollar amounts contained in subsections (b) and (c) of
this section shall be increased annually by an amount equal to:
(I) Such dollar amounts contained in subsections (b) and (c) of this section adjusted for
inflation using a base tax year of 2026, multiplied by;
(II) The cost-of-living adjustment with a base year of 2026.
(III) For the purposes of this section, the cost-of-living adjustment for any calendar year is
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
the consumer price index for the base year. The consumer price index for any calendar year is the
average of the consumer price index as of the close of the twelve-month (12) period ending on
August 31, of such calendar year.
(IV) For the purpose of this section the term “consumer price index” means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section the revision of the consumer price index that is most consistent with the consumer
price index for calendar year 1986 shall be used.
(V) If any increase determined under this section is not a multiple of five dollars ($5.00),
such increase shall be rounded to the next lower multiple of five dollars ($5.00).
SECTION 5. Sections 44-30-2.6 and 44-30-12 of the General Laws in Chapter 44-30
entitled "Personal Income Tax" are hereby amended to read as follows:
(a) “Rhode Island taxable income” means federal taxable income as determined under the
Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-
deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax
Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of
2001 (EGTRRA), and as modified by the modifications in § 44-30-12.
(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on
or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island
taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five
and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002
and thereafter of the federal income tax rates, including capital gains rates and any other special
rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately
prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA);
provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable
year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal
Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a
taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or
her personal income tax liability.
(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative
minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island
alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by
multiplying the federal tentative minimum tax without allowing for the increased exemptions under
the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251
Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year
2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product
to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s
Rhode Island alternative minimum tax.
(1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption
amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by
the tax administrator in the manner prescribed for adjustment by the commissioner of Internal
Revenue in 26 U.S.C. § 1(f).
(2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode
Island taxable income shall be determined by deducting from federal adjusted gross income as
defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island
itemized-deduction amount and the Rhode Island exemption amount as determined in this section.
(A) Tax imposed.
(1) There is hereby imposed on the taxable income of married individuals filing joint
returns and surviving spouses a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $53,150 3.75% of taxable income
Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150
Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500
Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850
Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700
(2) There is hereby imposed on the taxable income of every head of household a tax
determined in accordance with the following table:
If taxable income is: The tax is:
Not over $42,650 3.75% of taxable income
Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650
Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100
Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350
Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700
(3) There is hereby imposed on the taxable income of unmarried individuals (other than
surviving spouses and heads of households) a tax determined in accordance with the following
table:
If taxable income is: The tax is:
Not over $31,850 3.75% of taxable income
Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850
Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100
Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850
1 Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700
(4) There is hereby imposed on the taxable income of married individuals filing separate
returns and bankruptcy estates a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $26,575 3.75% of taxable income
Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575
Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250
Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925
Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850
(5) There is hereby imposed a taxable income of an estate or trust a tax determined in
accordance with the following table:
If taxable income is: The tax is:
Not over $2,150 3.75% of taxable income
Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650
Over $10,450 $737.50 plus 9.90% of the excess over $10,450
(6) Adjustments for inflation.
The dollars amount contained in paragraph (A) shall be increased by an amount equal to:
(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;
(b) The cost-of-living adjustment determined under section (J) with a base year of 1993;
(c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making
adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall
be determined under section (J) by substituting “1994” for “1993.”
(B) Maximum capital gains rates.
(1) In general.
If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax
imposed by this section for such taxable year shall not exceed the sum of:
(a) 2.5% of the net capital gain as reported for federal income tax purposes under section
30 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b).
31 (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
32 § 1(h)(1)(c).
33 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26
34 U.S.C. § 1(h)(1)(d).
1 (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
2 § 1(h)(1)(e).
(2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain
shall be determined under subdivision 44-30-2.6(c)(2)(A).
(C) Itemized deductions.
(1) In general.
For the purposes of section (2), “itemized deductions” means the amount of federal
itemized deductions as modified by the modifications in § 44-30-12.
(2) Individuals who do not itemize their deductions.
In the case of an individual who does not elect to itemize his deductions for the taxable
year, they may elect to take a standard deduction.
(3) Basic standard deduction.
The Rhode Island standard deduction shall be allowed in accordance with the following
table:
Filing status Amount
Single $5,350
Married filing jointly or qualifying widow(er) $8,900
Married filing separately $4,450
Head of Household $7,850
(4) Additional standard deduction for the aged and blind.
An additional standard deduction shall be allowed for individuals age sixty-five (65) or
older or blind in the amount of $1,300 for individuals who are not married and $1,050 for
individuals who are married.
(5) Limitation on basic standard deduction in the case of certain dependents.
In the case of an individual to whom a deduction under section (E) is allowable to another
taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:
27 (a) $850;
(b) The sum of $300 and such individual’s earned income;
(6) Certain individuals not eligible for standard deduction.
In the case of:
(a) A married individual filing a separate return where either spouse itemizes deductions;
(b) Nonresident alien individual;
(c) An estate or trust;
The standard deduction shall be zero.
(7) Adjustments for inflation.
Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount
equal to:
(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied
by
(b) The cost-of-living adjustment determined under section (J) with a base year of 1988.
(D) Overall limitation on itemized deductions.
(1) General rule.
In the case of an individual whose adjusted gross income as modified by § 44-30-12
exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the
taxable year shall be reduced by the lesser of:
(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12
over the applicable amount; or
(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for
such taxable year.
(2) Applicable amount.
(a) In general.
For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the
case of a separate return by a married individual)
(b) Adjustments for inflation.
Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:
(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
(3) Phase-out of Limitation.
(a) In general.
In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,
the reduction under section (1) shall be equal to the applicable fraction of the amount which would
be the amount of such reduction.
(b) Applicable fraction.
For purposes of paragraph (a), the applicable fraction shall be determined in accordance
with the following table:
For taxable years beginning in calendar year The applicable fraction is
33 2006 and 2007 ⅔
34 2008 and 2009 ⅓
(E) Exemption amount.
(1) In general.
Except as otherwise provided in this subsection, the term “exemption amount” means
4 $3,400.
(2) Exemption amount disallowed in case of certain dependents.
In the case of an individual with respect to whom a deduction under this section is allowable
to another taxpayer for the same taxable year, the exemption amount applicable to such individual
for such individual's taxable year shall be zero.
(3) Adjustments for inflation.
The dollar amount contained in paragraph (1) shall be increased by an amount equal to:
(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by
(b) The cost-of-living adjustment determined under section (J) with a base year of 1989.
(4) Limitation.
(a) In general.
In the case of any taxpayer whose adjusted gross income as modified for the taxable year
exceeds the threshold amount shall be reduced by the applicable percentage.
(b) Applicable percentage.
In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
$2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year
exceeds the threshold amount. In the case of a married individual filing a separate return, the
preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the
applicable percentage exceed one hundred percent (100%).
(c) Threshold Amount.
For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with
the following table:
Filing status Amount
Single $156,400
Married filing jointly of qualifying widow(er) $234,600
Married filing separately $117,300
Head of Household $195,500
(d) Adjustments for inflation.
Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:
(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
(5) Phase-out of limitation.
(a) In general.
In the case of taxable years beginning after December 31, 2005, and before January 1,
2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which
would be the amount of such reduction.
(b) Applicable fraction.
For the purposes of paragraph (a), the applicable fraction shall be determined in accordance
with the following table:
For taxable years beginning in calendar year The applicable fraction is
11 2006 and 2007 ⅔
12 2008 and 2009 ⅓
(F) Alternative minimum tax.
(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to the excess (if any) of:
(a) The tentative minimum tax for the taxable year, over
(b) The regular tax for the taxable year.
(2) The tentative minimum tax for the taxable year is the sum of:
(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus
(b) 7.0 percent of so much of the taxable excess above $175,000.
(3) The amount determined under the preceding sentence shall be reduced by the alternative
minimum tax foreign tax credit for the taxable year.
(4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so
much of the federal alternative minimum taxable income as modified by the modifications in § 44-
30-12 as exceeds the exemption amount.
(5) In the case of a married individual filing a separate return, subparagraph (2) shall be
applied by substituting “$87,500” for $175,000 each place it appears.
(6) Exemption amount.
For purposes of this section "exemption amount" means:
Filing status Amount
Single $39,150
Married filing jointly or qualifying widow(er) $53,700
Married filing separately $26,850
Head of Household $39,150
Estate or trust $24,650
(7) Treatment of unearned income of minor children
(a) In general.
In the case of a minor child, the exemption amount for purposes of section (6) shall not
exceed the sum of:
(i) Such child's earned income, plus
(ii) $6,000.
(8) Adjustments for inflation.
The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
equal to:
(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by
(b) The cost-of-living adjustment determined under section (J) with a base year of 2004.
(9) Phase-out.
(a) In general.
The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount
equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income
of the taxpayer exceeds the threshold amount.
(b) Threshold amount.
For purposes of this paragraph, the term “threshold amount” shall be determined with the
following table:
Filing status Amount
Single $123,250
Married filing jointly or qualifying widow(er) $164,350
Married filing separately $82,175
Head of Household $123,250
Estate or Trust $82,150
(c) Adjustments for inflation
Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:
(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by
(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.
(G) Other Rhode Island taxes.
(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to twenty-five percent (25%) of:
(a) The Federal income tax on lump-sum distributions.
(b) The Federal income tax on parents' election to report child's interest and dividends.
(c) The recapture of Federal tax credits that were previously claimed on Rhode Island
return.
(H) Tax for children under 18 with investment income.
(1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:
(a) The Federal tax for children under the age of 18 with investment income.
(I) Averaging of farm income.
(1) General rule. At the election of an individual engaged in a farming business or fishing
business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
(a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §
11 1301].
(J) Cost-of-living adjustment.
(1) In general.
The cost-of-living adjustment for any calendar year is the percentage (if any) by which:
(a) The CPI for the preceding calendar year exceeds
(b) The CPI for the base year.
(2) CPI for any calendar year.
For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer
price index as of the close of the twelve (12) month period ending on August 31 of such calendar
year.
(3) Consumer price index.
For purposes of paragraph (2), the term “consumer price index” means the last consumer
price index for all urban consumers published by the department of labor. For purposes of the
preceding sentence, the revision of the consumer price index that is most consistent with the
consumer price index for calendar year 1986 shall be used.
(4) Rounding.
(a) In general.
If any increase determined under paragraph (1) is not a multiple of $50, such increase shall
be rounded to the next lowest multiple of $50.
(b) In the case of a married individual filing a separate return, subparagraph (a) shall be
applied by substituting “$25” for $50 each place it appears.
(K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer
entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to
a credit against the Rhode Island tax imposed under this section:
1 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.]
(2) Child and dependent care credit;
(3) General business credits;
(4) Credit for elderly or the disabled;
(5) Credit for prior year minimum tax;
(6) Mortgage interest credit;
(7) Empowerment zone employment credit;
(8) Qualified electric vehicle credit.
(L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006,
a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island
tax imposed under this section if the adopted child was under the care, custody, or supervision of
the Rhode Island department of children, youth and families prior to the adoption.
(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
including the rate reduction credit provided by the federal Economic Growth and Tax
Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax
purposes shall determine the Rhode Island amount to be recaptured in the same manner as
prescribed in this subsection.
(N) Rhode Island earned-income credit.
(1) In general.
For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent
(25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode
Island income tax.
For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer
entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the
amount of the Rhode Island income tax.
For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half
percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the
Rhode Island income tax.
For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)
of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island
income tax.
For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned-
income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%)
of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island
income tax.
(2) Refundable portion.
In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this
section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall
be allowed as follows.
(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable
earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-
income credit exceeds the Rhode Island income tax.
(ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)
refundable earned-income credit means one hundred percent (100%) of the amount by which the
Rhode Island earned-income credit exceeds the Rhode Island income tax.
(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs
(A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years
thereafter for inclusion in the statute.
(3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode
Island taxable income” means federal adjusted gross income as determined under the Internal
Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-
30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph
44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph
44-30-2.6(c)(3)(C).
(A) Tax imposed.
(I) There is hereby imposed on the taxable income of married individuals filing joint
returns, qualifying widow(er), every head of household, unmarried individuals, married individuals
filing separate returns and bankruptcy estates, a tax determined in accordance with the following
table:
32 (1)
RI Taxable Income RI Income Tax
Over But not over Pay + % on Excess on the amount over
1 $ 0 - $ 55,000 $ 0 + 3.75% $ 0
2 55,000 - 125,000 2,063 + 4.75% 55,000
3 125,000 - 5,388 + 5.99% 125,000
(2) High-income surtax. (i) For tax years beginning on or after January 1, 2027, until the
tax year beginning January 1, 2028, there is hereby imposed on the taxable income of married
individuals filing joint returns, qualifying widow(er), every head of household, unmarried
individuals, married individuals filing separate returns and bankruptcy estates, a tax at one percent
(1%) of Rhode Island taxable income over one million dollars ($1,000,000).
(ii) For tax years beginning on or after January 1, 2028, until the tax year beginning January
1, 2029, there is hereby imposed on the taxable income of married individuals filing joint returns,
qualifying widow(er), every head of household, unmarried individuals, married individuals filing
separate returns and bankruptcy estates, a tax at two percent (2%) of Rhode Island taxable income
over one million dollars ($1,000,000), as adjusted for inflation.
(iii) For tax years beginning on or after January 1, 2029, there is hereby imposed on the
taxable income of married individuals filing joint returns, qualifying widow(er), every head of
household, unmarried individuals, married individuals filing separate returns and bankruptcy
estates, a tax at three percent (3%) of Rhode Island taxable income over one million dollars
($1,000,000), as adjusted for inflation.
(3) Highest Rhode Island withholding tax rate provided for individuals. For the
purposes of this chapter, for tax years beginning on or after January 1, 2027, any reference to the
highest Rhode Island withholding tax rate provided for individuals shall be the sum of the highest
marginal tax rate in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income surtax in § 44-30-
2.6(c)(3)(A)(I)(2).
(4) Personal income tax. For the purposes of this title, any reference to personal income
tax for individuals shall include the tax imposed in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income
surtax in § 44-30-2.6(c)(3)(A)(I)(2)
(II) There is hereby imposed on the taxable income of an estate or trust a tax determined in
accordance with the following table:
29 (1)
RI Taxable Income RI Income Tax
Over But not over Pay + % on Excess on the amount over
$ 0 - $ 2,230 $ 0 + 3.75% $ 0
2,230 - 7,022 84 + 4.75% 2,230
7,022 - 312 + 5.99% 7,022
(2) High-income surtax. (i) For tax years beginning on or after January 1, 2027, until the
tax year beginning January 1, 2028, there is hereby imposed on the taxable income of an estate or
trust, a tax at one percent (1%) of Rhode Island taxable income over thirty-six thousand four
hundred twenty-seven dollars ($36,427).
(ii) For tax years beginning on or after January 1, 2028, until the tax year beginning January
1, 2029, there is hereby imposed on the taxable income of an estate or trust, a tax at two percent
(2%) of Rhode Island taxable income over thirty-six thousand four hundred twenty-seven dollars
($36,427), as adjusted for inflation.
(iii) For tax years beginning on or after January 1, 2029, there is hereby imposed on the
taxable income of an estate or trust, a tax at three percent (3%) of Rhode Island taxable income
over thirty-six thousand four hundred twenty-seven dollars ($36,427), as adjusted for inflation.
(3) Personal income tax. For the purposes of this title, any reference to personal income
tax for an estate or trust shall include the tax imposed in § 44-30-2.6(c)(3)(A)(II)(1) and the high-
income surtax in § 44-30-2.6(c)(3)(A)(II)(2).
(B) Deductions:
(I) Rhode Island Basic Standard Deduction.
Only the Rhode Island standard deduction shall be allowed in accordance with the
following table:
Filing status: Amount
Single $7,500
Married filing jointly or qualifying widow(er) $15,000
Married filing separately $7,500
Head of Household $11,250
(II) Nonresident alien individuals, estates and trusts are not eligible for standard
deductions.
(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage.
The term “applicable percentage” means twenty (20) percentage points for each five thousand
dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable
year exceeds one hundred seventy-five thousand dollars ($175,000).
(C) Exemption Amount:
(I) The term “exemption amount” means three thousand five hundred dollars ($3,500)
multiplied by the number of exemptions allowed for the taxable year for federal income tax
purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same
as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and
Jobs Act (Pub. L. No. 115-97) on December 22, 2017.
(II) Exemption amount disallowed in case of certain dependents. In the case of an
individual with respect to whom a deduction under this section is allowable to another taxpayer for
the same taxable year, the exemption amount applicable to such individual for such individual’s
taxable year shall be zero.
(III) Identifying information required.
(1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be
allowed under this section with respect to any individual unless the Taxpayer Identification Number
of such individual is included on the federal return claiming the exemption for the same tax filing
period.
(2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event
that the Taxpayer Identification Number for each individual is not required to be included on the
federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer
Identification Number must be provided on the Rhode Island tax return for the purpose of claiming
said exemption(s).
(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term
“applicable percentage” means twenty (20) percentage points for each five thousand dollars
($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year
exceeds one hundred seventy-five thousand dollars ($175,000).
(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-
2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount
equal to:
(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B)
and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;
(II) The cost-of-living adjustment with a base year of 2000.
(III) For tax years beginning on or after January 1, 2027, for §§ 44-30-2.6(c)(3)(A)(I)(2)
and 44-30-2.6(c)(3)(A)(II)(2), the base tax year and the base year shall be 2026.
(IV) For the purposes of this section, the cost-of-living adjustment for any calendar year is
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
the consumer price index for the base year. The consumer price index for any calendar year is the
average of the consumer price index as of the close of the twelve-month (12) period ending on
2 August 31, of such calendar year.
(IV) (V) For the purpose of this section the term “consumer price index” means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section the revision of the consumer price index that is most consistent with the consumer
price index for calendar year 1986 shall be used.
(V) (VI) If any increase determined under this section is not a multiple of fifty dollars
($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the
case of a married individual filing separate return, if any increase determined under this section is
not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
multiple of twenty-five dollars ($25.00).
(F) Credits against tax.
(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on
or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be
as follows:
(a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit
pursuant to subparagraph 44-30-2.6(c)(2)(N).
(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided
19 in § 44-33-1 et seq.
(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax
credit as provided in § 44-30.3-1 et seq.
(d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to
other states pursuant to § 44-30-74.
(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit
as provided in § 44-33.2-1 et seq.
(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture
production tax credit as provided in § 44-31.2-1 et seq.
(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of
the federal child and dependent care credit allowable for the taxable year for federal purposes;
provided, however, such credit shall not exceed the Rhode Island tax liability.
(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
contributions to scholarship organizations as provided in chapter 62 of title 44.
(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable
as if no withholding were required, but any amount of Rhode Island personal income tax actually
deducted and withheld in any calendar year shall be deemed to have been paid to the tax
administrator on behalf of the person from whom withheld, and the person shall be credited with
having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable
year of less than twelve (12) months, the credit shall be made under regulations of the tax
administrator.
(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in
RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.
(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in
9 § 42-64.20-1 et seq.
( l ) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode
Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.
(m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,
unused carryforward for such credit previously issued shall be allowed for the historic
homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already
issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits
under the historic homeownership assistance act.
(n) Child tax credit: Effective for tax years beginning on or after January 1, 2027, credit
shall be allowed for the child tax credit as provided in § 44-30-104.
(2) Except as provided in section 1 above, no other state and federal tax credit shall be
available to the taxpayers in computing tax liability under this chapter.
(a) General. The Rhode Island income of a resident individual means the individual’s
adjusted gross income for federal income tax purposes, with the modifications specified in this
section.
(b) Modifications increasing federal adjusted gross income. There shall be added to
federal adjusted gross income:
(1) Interest income on obligations of any state, or its political subdivisions, other than
Rhode Island or its political subdivisions;
(2) Interest or dividend income on obligations or securities of any authority, commission,
or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the
extent exempted by the laws of the United States from federal income tax but not from state income
taxes;
(3) The modification described in § 44-30-25(g);
(4)(i) The amount defined below of a nonqualified withdrawal made from an account in
the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified
withdrawal is:
(A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal
Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-
6.1; and
(B) A withdrawal or distribution that is:
(I) Not applied on a timely basis to pay “qualified higher education expenses” as defined
in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;
(II) Not made for a reason referred to in § 16-57-6.1(e); or
(III) Not made in other circumstances for which an exclusion from tax made applicable by
Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,
withdrawal, or distribution is made within two (2) taxable years following the taxable year for
which a contributions modification pursuant to subsection (c)(4) of this section is taken based on
contributions to any tuition savings program account by the person who is the participant of the
account at the time of the contribution, whether or not the person is the participant of the account
at the time of the transfer, rollover, withdrawal, or distribution;
(ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B)
of this section, there shall be added to the federal adjusted gross income of that person for the
taxable year of the withdrawal an amount equal to the lesser of:
(A) The amount equal to the nonqualified withdrawal reduced by the sum of any
administrative fee or penalty imposed under the tuition savings program in connection with the
nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the
person’s federal adjusted gross income for the taxable year; and
(B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of
this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less
the amount of any nonqualified withdrawal for the two (2) prior taxable years included in
computing the person’s Rhode Island income by application of this subsection for those years. Any
amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode
Island income for residents, nonresidents, and part-year residents;
(5) The modification described in § 44-30-25.1(d)(3)(i);
(6) The amount equal to any unemployment compensation received but not included in
federal adjusted gross income;
(7) The amount equal to the deduction allowed for sales tax paid for a purchase of a
qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6);
(8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck
Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus
Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or
any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount
of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount
of a pass-through entity’s loan forgiveness in excess of $250,000; and
(9) For the taxable year beginning on or before January 1, 2025, the amount of any income,
deduction or allowance that would be subject to federal income tax but for the Congressional
enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The
enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any
Internal Revenue Service changes to forms, regulations, and/or processing which go into effect
during the current tax year or within six (6) months of the beginning of the next tax year shall be
deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to
effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect
to the One Big Beautiful Bill Act or any other similar Congressional enactment ;
(10) For any taxable year beginning on or after January 1, 2026, the amount of the
deduction taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less
the amount of the deduction that would have been allowed as a deduction for domestic research
and experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1
(Pub. L. 119-21);
(11) For any taxable year beginning on or after January 1, 2027, the amount of any
deduction allowable for depreciation, amortization, or depletion pursuant to 26 U.S.C. §
163(j)(8)(A)(v); and
(12) For any taxable year beginning on or after January 1, 2027, the amount excluded from
income pursuant to 26 U.S.C. § 1202.
(c) Modifications reducing federal adjusted gross income. There shall be subtracted
from federal adjusted gross income:
(1) Any interest income on obligations of the United States and its possessions to the extent
includible in gross income for federal income tax purposes, and any interest or dividend income on
obligations, or securities of any authority, commission, or instrumentality of the United States to
the extent includible in gross income for federal income tax purposes but exempt from state income
taxes under the laws of the United States; provided, that the amount to be subtracted shall in any
case be reduced by any interest on indebtedness incurred or continued to purchase or carry
obligations or securities the income of which is exempt from Rhode Island personal income tax, to
the extent the interest has been deducted in determining federal adjusted gross income or taxable
income;
3 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);
(3) The amount of any withdrawal or distribution from the “tuition savings program”
referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal
or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal;
(4) Contributions made to an account under the tuition savings program, including the
“contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the
following limitations, restrictions, and qualifications:
(i) The aggregate subtraction pursuant to this subdivision for any taxable year of the
taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint
return;
(ii) The following shall not be considered contributions:
(A) Contributions made by any person to an account who is not a participant of the account
at the time the contribution is made;
(B) Transfers or rollovers to an account from any other tuition savings program account or
from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26
U.S.C. § 529; or
(C) A change of the beneficiary of the account;
(iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal
adjusted gross income to less than zero (0);
(iv) The contributions carryover to a taxable year for purpose of this subdivision is the
excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition
savings program for all preceding taxable years for which this subsection is effective over the sum
of:
(A) The total of the subtractions under this subdivision allowable to the taxpayer for all
such preceding taxable years; and
(B) That part of any remaining contribution carryover at the end of the taxable year which
exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable
years not included in the addition provided for in this subdivision for those years. Any such part
shall be disregarded in computing the contributions carryover for any subsequent taxable year;
(v) For any taxable year for which a contributions carryover is applicable, the taxpayer
shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax
return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a
joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a
subsequent taxable year, the computation shall reflect how the carryover is being allocated between
the prior joint filers;
(5) The modification described in § 44-30-25.1(d)(1);
(6) Amounts deemed taxable income to the taxpayer due to payment or provision of
insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or
other coverage plan;
(7) Modification for organ transplantation.
(i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted
gross income if the individual, while living, donates one or more of their human organs to another
human being for human organ transplantation, except that for purposes of this subsection, “human
organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract
modification that is claimed hereunder may be claimed in the taxable year in which the human
organ transplantation occurs.
(ii) An individual may claim that subtract modification hereunder only once, and the
subtract modification may be claimed for only the following unreimbursed expenses that are
incurred by the claimant and related to the claimant’s organ donation:
(A) Travel expenses.
(B) Lodging expenses.
(C) Lost wages.
(iii) The subtract modification hereunder may not be claimed by a part-time resident or a
nonresident of this state;
(8) Modification for taxable Social Security income.
(i) For tax years beginning on or after January 1, 2016 , until the tax year beginning January
25 1, 2027 :
(A) For a person who has attained the age used for calculating full or unreduced Social
Security retirement benefits who files a return as an unmarried individual, head of household, or
married filing separate whose federal adjusted gross income for the taxable year is less than eighty
thousand dollars ($80,000); or
(B) A married individual filing jointly or individual filing qualifying widow(er) who has
attained the age used for calculating full or unreduced Social Security retirement benefits whose
joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars
($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross
income.
(ii) For the tax years beginning on or after January 1, 2027:
(A) For a person who files a return as an unmarried individual, head of household, or
married filing separate whose federal adjusted gross income for the taxable year is less than eighty
thousand dollars ($80,000); or
(B) A married individual filing jointly or individual filing qualifying widow(er) whose joint
federal adjusted gross income for the taxable year is less than one hundred thousand dollars
($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross
income.
(ii) (iii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i) (A)
and (c)(8)(i)(B) and (c)(8)(ii) of this section shall be increased annually by an amount equal to:
(A) Such dollar amount contained in subsections (c)(8)(i) (A) and (c)(8)(i)(B) and (c)(8)(ii)
of this section adjusted for inflation using a base tax year of 2000, multiplied by;
(B) The cost-of-living adjustment with a base year of 2000.
(iii) (iv) For the purposes of this section the cost-of-living adjustment for any calendar year
is the percentage (if any) by which the consumer price index for the preceding calendar year
exceeds the consumer price index for the base year. The consumer price index for any calendar
year is the average of the consumer price index as of the close of the twelve-month (12) period
ending on August 31, of such calendar year.
(iv) (v) For the purpose of this section the term “consumer price index” means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section the revision of the consumer price index which is most consistent with the consumer
price index for calendar year 1986 shall be used.
(v) (vi) If any increase determined under this section is not a multiple of fifty dollars
($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the
case of a married individual filing separate return, if any increase determined under this section is
not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
multiple of twenty-five dollars ($25.00);
(9) Modification of taxable retirement income from certain pension plans or
annuities.
(i) For tax years beginning on or after January 1, 2017, until the tax year beginning January
1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax
years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, a
modification shall be allowed for up to twenty thousand dollars ($20,000), and for tax years
beginning on or after January 1, 2025, a modification shall be allowed for up to fifty thousand
dollars ($50,000), of taxable pension and/or annuity income that is included in federal adjusted
gross income for the taxable year:
(A) For a person who has attained the age used for calculating full or unreduced Social
Security retirement benefits who files a return as an unmarried individual, head of household, or
married filing separate whose federal adjusted gross income for such taxable year is less than the
amount used for the modification contained in subsection (c)(8)(i)(A) or subsection (c)(8)(ii)(A) of
this section an amount not to exceed $15,000 for tax years beginning on or after January 1, 2017,
until the tax year beginning January 1, 2022, and an amount not to exceed twenty thousand dollars
($20,000) for tax years beginning on or after January 1, 2023, until the tax year beginning January
1, 2024, and an amount not to exceed fifty thousand dollars ($50,000) for tax years beginning on
or after January 1, 2025, of taxable pension and/or annuity income includible in federal adjusted
gross income; or
(B) For a married individual filing jointly or individual filing qualifying widow(er) who
has attained the age used for calculating full or unreduced Social Security retirement benefits whose
joint federal adjusted gross income for such taxable year is less than the amount used for the
modification contained in subsection (c)(8)(i)(B) or subsection (c)(8)(ii)(B) of this section an
amount not to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year
beginning January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax
years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, and an
amount not to exceed fifty thousand dollars ($50,000) for tax years beginning on or after January
1, 2025, of taxable pension and/or annuity income includible in federal adjusted gross income.
(ii) Adjustment for inflation.
The dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B) of
this section shall be increased annually for tax years beginning on or after January 1, 2018, by an
amount equal to:
(A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B)
of this section adjusted for inflation using a base tax year of 2000, multiplied by;
(B) The cost-of-living adjustment with a base year of 2000.
(iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
the consumer price index for the base year. The consumer price index for any calendar year is the
average of the consumer price index as of the close of the twelve-month (12) period ending on
August 31, of such calendar year.
(iv) For the purpose of this section, the term “consumer price index” means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section, the revision of the consumer price index which is most consistent with the consumer
price index for calendar year 1986 shall be used.
(v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),
such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a
married individual filing a separate return, if any increase determined under this section is not a
multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple
of twenty-five dollars ($25.00).
(vi) For tax years beginning on or after January 1, 2022, until the tax year beginning
10 January 1, 2027, the dollar amount contained by reference in subsection (c)(9)(i)(A) shall be
adjusted to equal the dollar amount contained in subsection (c)(8)(i)(A), as adjusted for inflation,
and the dollar amount contained by reference in subsection(c)(9)(i)(B) shall be adjusted to equal
the dollar amount contained in subsection (c)(8)(i)(B), as adjusted for inflation . For tax years
beginning on or after January 1, 2027, the dollar amount contained by reference in subsection
(c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in subsection (c)(8)(ii)(A), as
adjusted for inflation, and the dollar amount contained by reference in subsection (c)(9)(i)(B) shall
be adjusted to equal the dollar amount contained in subsection (c)(8)(ii)(B), as adjusted for
inflation ;
(10) Modification for Rhode Island investment in opportunity zones. For purposes of
a taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by
the taxpayer for at least seven (7) years, a modification to income shall be allowed for the
incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and
the federal benefit allowed under 26 U.S.C. § 1400Z-2(c);
(11) Modification for military service pensions.
(i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed
as follows:
(A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal
adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted
gross income;
(ii) As used in this subsection, the term “military service” shall have the same meaning as
set forth in 20 C.F.R. § 212.2;
(iii) At no time shall the modification allowed under this subsection alone or in conjunction
with subsection (c)(9) exceed the amount of the military service pension received in the tax year
for which the modification is claimed;
(12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in
gross income for federal tax purposes; and
(13) For tax years beginning on or after January 1, 2025, in the case of a taxpayer that is
licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any
expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under
26 U.S.C. § 280E ; and
(14) For any taxable year beginning on or after January 1, 2026, the amount as determined
by the tax administrator required to be added back in a prior year that would have been allowed
under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119-21) on July 4, 2025, but would not have
been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time
11 may the cumulative modification amount for each amortized expenditure exceed one hundred
percent (100%) of said expenditure’s expense amount .
(d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or
subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as
beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-
30-17.
(e) Partners. The amounts of modifications required to be made under this section by a
partner, which relate to items of income or deduction of a partnership, shall be determined under §
SECTION 6. This article shall take effect upon passage.
=======
art.007/6/007/5/007/4/007/3/007/2/007/1
=======
RELATING TO EDUCATION
SECTION 1. Section 16-2-34 of the General Laws in Chapter 16-2 entitled "School
Committees and Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education
Act]" is hereby repealed.
16-2-34. Central Falls School District board of trustees.
(a) There is hereby established a seven (7) member board of trustees, which shall govern
the Central Falls School District. With the exception of those powers and duties reserved by the
commissioner of elementary and secondary education, and the board of regents for elementary and
secondary education, the board of trustees shall have the powers and duties of school committees.
Notwithstanding any provision of law to the contrary, the commissioner of elementary and
secondary education, as the executive agent of the board of regents for elementary and secondary
education, is authorized to exercise in whole or in part care, control, and management over the
public schools of the Central Falls school district within the scope of authority of the board of
trustees and board of regents, whenever the commissioner deems such intervention to be necessary
and appropriate.
(b) The board of regents for elementary and secondary education shall appoint the members
of the board of trustees from nominations made by the commissioner of elementary and secondary
education. The chairperson shall also be selected in this manner. The board of regents shall
determine the number, qualifications, and terms of office of members of the board of trustees,
provided however, that at least four (4) of the members shall be residents of the city and parents of
current or former Central Falls public school students. The remaining three (3) shall be appointed
at large.
(c) The board of regents shall provide parameters for overall budget requests, approve the
budget, and otherwise participate in budget development.
(d) The commissioner of elementary and secondary education shall recommend parameters
for overall budget requests, recommend a budget, and otherwise participate in budget development.
(e) The commissioner shall approve the process for selection of the superintendent.
(f) The board of trustees shall meet monthly and serve without compensation. The board
of trustees shall have broad policy making authority for the operation of the school, as well as the
following powers and duties:
(1) To identify the educational needs of the district;
(2) To develop educational policies to meet the needs of students in the school district;
(3) To appoint a superintendent to serve as its chief executive officer and to approve
assistant and associate superintendents from nominations made by the superintendent;
(4) To provide policy guidance and otherwise participate in budget development; and
(5) To develop staffing policies which ensure that all students are taught by educators of
the highest possible quality.
(g) The superintendent shall serve at the pleasure of the board of trustees with the initial
appointment to be for a period of not more than three (3) years; provided, however, that the terms
and conditions of employment are subject to the approval of the board of regents for elementary
and secondary education.
(h) It shall be the responsibility of the superintendent to manage and operate the school on
a day-to-day basis. The superintendent's duties shall include the following:
(1) To be responsible for the care, supervision, and management of the schools;
(2) To recommend to the board of trustees educational policies to meet the needs of the
district, and to implement policies established by the board of trustees;
(3) To present nominations to the board of trustees for assistant and associate
superintendents and to appoint all other school personnel;
(4) To provide for the evaluation of all school district personnel;
(5) To establish a school based management approach for decision making for the operation
of the school;
(6) To prepare a budget and otherwise participate in budget development as required, and
to authorize purchases consistent with the adopted school district budget;
(7) To report to the board of trustees, on a regular basis, the financial condition and
operation of the schools, and to report annually on the educational progress of the schools;
(8) To establish appropriate advisory committees as needed to provide guidance on new
directions and feedback on the operation of the schools;
(9) With policy guidance from the board of trustees and extensive involvement of the
administrators and faculty in the school, to annually prepare a budget. The board of trustees shall
approve the budget and transmit it to the commissioner. The board of regents for elementary and
secondary education, upon recommendation of the commissioner of elementary and secondary
education, shall provide parameters for the overall budget request. Based on review and
recommendation by the commissioner, the board of regents shall approve the total budget and
incorporate it into its budget request to the governor and to the general assembly. Line item
budgeting decisions shall be the responsibility of the superintendent; and
(10) To negotiate, along with the chairperson of the board of trustees and his or her
appointed designee, all district employment contracts, which contracts shall be subject to the
approval of the commissioner of elementary and secondary education with the concurrence of the
board of regents.
(i) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of
teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title
28, to exercise rights afforded under any statute including, but not limited to, Title 16, or to allow
the commissioner, board of trustees or the superintendent to abrogate any agreement by collective
bargaining.
(j) The appointment of the special state administrator for the Central Falls School District
and the Central Falls School District Advisory Group, created by chapter 312 of the Rhode Island
Public Laws of 1991, will no longer be in effect upon the selection and appointment of the board
of trustees created in this section. All powers and duties of the special state administrator and the
Central Falls School District Advisory Group are hereby transferred and assigned to the board of
trustees created in this section, upon the selection and appointment of that board.
SECTION 2. Chapter 16-7 of the General Laws entitled "Foundation Level School Support
[See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by
adding thereto the following section:
(a) In fiscal years 2027 and thereafter, the city of Central Falls will contribute to the Central
Falls School District an amount at least equal to the sum of:
(1) One percent (1%) of the city's prior year total tax levy;
(2) The city's prior year contribution; and
(3) A contribution from the Central Falls school district's fund balance beginning with
$500,000 in fiscal year 2027, reduced by $50,000 annually in accordance with the final report of
the Special Joint Legislative Commission to Study the Return of Central Falls Schools to Local
Governance with a target end point that meets the Government Finance Officers Association’s
standards and aligns with the department of elementary and secondary education’s fiscal
accountability standards and annual reporting to ensure adequate funding of the foundation
education aid for all Central Falls students.
(b) As authorized in § 44-5-2, the city of Central Falls may exceed the maximum levy to
fulfill its obligation to contribute the amount required this section.
(c) No later than September 30, 2030, as preparation for the fiscal year 2032 budgeting
process, the city of Central Falls (including the Central Falls school district), the division of
municipal finance, and the department of elementary and secondary education shall conduct a
review of the funding requirements set forth in this section and provide their recommendations for
any modifications which should be made to the governor, speaker of the house, and president of
the senate.
SECTION 3. Section 16-7-41.1 of the General Laws in Chapter 16-7 entitled "Foundation
Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is
hereby amended to read as follows:
(a) School districts, not municipalities, may apply for and obtain approval for a project
under the necessity of school construction process set forth in the regulations of the council on
elementary and secondary education, provided, however, in the case of a municipality that issues
bonds through the Rhode Island health and educational building corporation to finance or refinance
school facilities for a school district that is not part of the municipality, the municipality may apply
for and obtain approval for a project. Such approval will remain valid until June 30 of the third
fiscal year following the fiscal year in which the council on elementary and secondary education’s
approval is granted. Only those projects undertaken at school facilities under the care and control
of the school committee and located on school property may qualify for reimbursement under §§
16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are
operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under
§§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for
reimbursement in the following fiscal year. A project for new school housing or additional housing
shall be deemed to be completed when the work has been officially accepted by the school
committee or when the housing is occupied for its intended use by the school committee, whichever
is earlier.
(b) Notwithstanding the provisions of this section, the board of regents shall not grant final
approval for any project between June 30, 2011, and May 1, 2015, except for projects that are
necessitated by immediate health and safety reasons. In the event that a project is requested during
the moratorium because of immediate health and safety reasons, those proposals shall be reported
to the chairs of the house and senate finance committees.
(c) Any project approval granted prior to the adoption of the school construction
regulations in 2007, and which are currently inactive; and any project approval granted prior to the
adoption of the school construction regulations in 2007 which did not receive voter approval or
which has not been previously financed, are no longer eligible for reimbursement under this
chapter. The department of elementary and secondary education shall develop recommendations
for further cost containment strategies in the school housing aid program.
(d) Beginning July 1, 2015, the council on elementary and secondary education shall
approve new necessity of school construction applications on an annual basis. The department of
elementary and secondary education shall develop an annual application timeline for local
education agencies seeking new necessity of school construction approvals.
(e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten
million dollars ($10,000,000) unless the prime contractor for the project has received
prequalification from the school building authority. However, for projects commencing after July
1, 2026, and for subsequent fiscal years, no state funding shall be provided for projects in excess
of ten million dollars ($10,000,000) unless the prime contractor for the project has received
prequalification from the division of purchases.
(f) Beginning July 1, 2019, the necessity of school construction process set forth in the
regulations of the council on elementary and secondary education shall include a single statewide
process, developed with the consultation of the department of environmental management, that will
ensure community involvement throughout the investigation and remediation of contaminated
building sites for possible reuse as the location of a school. That process will fulfill all provisions
of § 23-19.14-5 related to the investigation of reuse of such sites for schools.
(g) Beginning July 1, 2019, school housing projects exceeding one million five hundred
thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a
commissioning agent. The cost of the program manager and commissioning agent shall be
considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5. However, for
projects completing after July 1, 2026, and subsequent fiscal years, school housing projects
exceeding ten million dollars ($10,000,000) subject to inflation shall include an owner’s program
manager and a commissioning agent. The cost of the program manager and commissioning agent
shall not exceed three percent (3%) of total project costs and shall be considered a project cost
eligible for aid pursuant to §§ 16-7-41 and 16-105-5.
(h) Temporary housing, or swing space, for students shall be a reimbursable expense so
long as a district can demonstrate that no other viable option to temporarily house students exists
and provided that use of the temporary space is time limited for a period not to exceed twenty-four
(24) months and tied to a specific construction project.
(i) Environmental site remediation, as defined by the school building authority, shall be a
reimbursable expense up to one million dollars ($1,000,000) per project.
(j) If, within thirty (30) years of construction, a newly constructed school is sold to a private
entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid
reimbursement rate at the time of project completion.
(k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being
followed, and § 37-14.1-6, ensuring that minority business enterprises reach the required minimum
participation.
SECTION 4. Sections 16-7.2-3, 16-7.2-5 and 16-7.2-9 of the General Laws in Chapter 16-
7.2 entitled "The Education Equity and Property Tax Relief Act" are hereby amended to read as
follows:
(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall
take effect. The foundation education aid for each district shall be the sum of the core instruction
amount in subsection (a)(1) of this section and the amount to support high-need students in
subsection (a)(2) of this section, which shall be multiplied by the district state-share ratio calculated
pursuant to § 16-7.2-4 to determine the foundation aid.
(1) The core instruction amount shall be an amount equal to a statewide, per-pupil core
instruction amount as established by the department of elementary and secondary education,
derived from the average of northeast regional expenditure data for the states of Rhode Island,
Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics
(NCES) that will adequately fund the student instructional needs as described in the basic education
program and multiplied by the district average daily membership as defined in § 16-7-22.
Expenditure data in the following categories: instruction and support services for students,
instruction, general administration, school administration, and other support services from the
National Public Education Financial Survey, as published by NCES, and enrollment data from the
Common Core of Data, also published by NCES, will be used when determining the core
instruction amount. The core instruction amount will be updated annually. For the purpose of
calculating this formula, school districts’ resident average daily membership shall exclude charter
school and state-operated school students.
(2) The amount to support high-need students beyond the core instruction amount shall be
determined by:
(i) Multiplying a student success factor of forty percent (40%) ; provided further, for the
fiscal year beginning July 1, 2026, and for subsequent fiscal years, the student success factor shall
be forty-three percent (43%) by the core instruction per-pupil amount described in subsection (a)(1)
of this section and applying that amount for each resident child whose family income is at or below
one hundred eighty-five percent (185%) of federal poverty guidelines, hereinafter referred to as
“poverty status.” By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative
to state fiscal year 2024 and thereafter, the department of elementary and secondary education shall
develop and utilize a poverty measure that in the department’s assessment most accurately serves
as a proxy for the poverty status referenced in this subsection and does not rely on the
administration of school nutrition programs. The department shall utilize this measure in
calculations pursuant to this subsection related to the application of the student success factor, in
calculations pursuant to § 16-7.2-4 related to the calculation of the state share ratio, and in the
formulation of estimates pursuant to subsection (b) below. The department may also include any
recommendations which seek to mitigate any disruptions associated with the implementation of
this new poverty measure or improve the accuracy of its calculation. Beginning with the FY 2024
calculation, students whose family income is at or below one hundred eighty-five percent (185%)
of federal poverty guidelines will be determined by participation in the supplemental nutrition
assistance program (SNAP). The number of students directly certified through the department of
human services shall be multiplied by a factor of 1.6; and
(ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core
instruction per-pupil amount described in subsection (a)(1) of this section, applying that amount
for each resident child identified in the three lowest proficiency categories using widely adopted,
independent standards and assessments in accordance with subsection (f)(1) of this section and as
identified by the commissioner and defined by regulations of the council on elementary and
secondary education. Local education agencies shall report annually to the department of
elementary and secondary education by September 1, outlining the planned and prior year use of
all funding pursuant to this subsection to provide services to MLL students in accordance with
requirements set forth by the commissioner of elementary and secondary education. The
department shall review the use of funds to ensure consistency with established best practices.
(b) The department of elementary and secondary education shall provide an estimate of the
foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate
shall include the most recent data available as well as an adjustment for average daily membership
growth or decline based on the prior year experience.
(c) In addition, the department shall report updated figures based on the average daily
membership as of October 1 by December 1.
(d) Local education agencies may set aside a portion of funds received under subsection
(a) to expand learning opportunities such as after school and summer programs, full-day
kindergarten and/or multiple pathway programs, provided that the basic education program and all
other approved programs required in law are funded.
(e) The department of elementary and secondary education shall promulgate such
regulations as are necessary to implement fully the purposes of this chapter.
(f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to
state fiscal year 2025, the department of elementary and secondary education shall evaluate the
number of students by district who qualify as multilingual learner (MLL) students and MLL
students whose family income is at or below one hundred eighty-five percent (185%) of federal
poverty guidelines. The submission shall also include segmentation of these populations by levels
as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for
English proficiency. The department shall also prepare and produce expense data sourced from the
uniform chart of accounts to recommend funding levels required to support students at the various
levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the
department shall recommend a funding solution to meet the needs of multilingual learners; this may
include but not be limited to inclusion of MLL needs within the core foundation formula amount
through one or multiple weights to distinguish different students of need or through categorical
means.
(2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to
state fiscal year 2026, the department of elementary and secondary education shall develop
alternatives to identify students whose family income is at or below one hundred eighty-five percent
(185%) of federal poverty guidelines through participation in state-administered programs,
including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare
and other programs that include the collection of required supporting documentation. The
department may also include any recommendations that seek to mitigate any disruptions associated
with implementation of this new poverty measure or improve the accuracy of its calculation.
(3) The department shall also report with its annual budget request information regarding
local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall
also compare these local contributions to state foundation education aid by community. The
department shall also report compliance to each city or town school committee and city or town
council.
(4) By October 1, 2025, as part of its budget submission pursuant to § 35-3-4 relative to
state fiscal year 2027, the department of elementary and secondary education shall submit a report
developed in coordination with the department of administration and the Rhode Island longitudinal
data system within the office of the postsecondary commissioner. The report shall provide an
overview of the process for matching the department of human services program participation data
to the department of elementary and secondary education student enrollment records for use in the
education funding formula and recommend methods to ensure consistency and accuracy in future
matching processes.
(5) As part of its FY 2027 and FY 2028 budget submission submissions , the department
shall also submit an estimate of foundation education aid that uses expanded direct certification
with Medicaid matching in consultation with the Rhode Island longitudinal data system and the
executive office of health and human services to identify students whose family income is at or
below one hundred eighty-five percent (185%) of federal poverty guidelines, in addition to an
estimate under the current law poverty determination.
(6) By December 31, 2025, the department of elementary and secondary education shall
also develop and submit a report to the governor, speaker of the house, and senate president on
current and recommended processes to ensure the consistency and validity of submitted high-cost
special education data from local education agencies.
(7) By October 1, 2026, as part of its budget submission pursuant to § 35-3-4 relative to
state fiscal year 2027, the department of elementary and secondary education shall, in collaboration
with the office of management and budget and the division of municipal finance, submit a report
comparing the funding system proposed in December 2025, by the Blue Ribbon Commission,
convened by the Rhode Island Foundation, to the current system, using validated FY 2025 Uniform
Chart of Accounts data. The report shall include, but not be limited to, a comparison of state and
local contributions for traditional districts and charter schools using different state share
percentages, recommendations for proposed weights for special education and career and technical
education students, and an analysis of the statutory recommendations.
(a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr.
Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical
Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment
data for any charter public school shows a ten percent (10%) or greater change from the prior year
enrollment that is used as the reference year average daily membership, the last six (6) monthly
payments to the charter public school will be adjusted to reflect actual enrollment. The state share
of the permanent foundation education aid shall be paid by the state directly to the charter public
schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-
share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of
elementary and secondary education shall provide the general assembly with the calculation of the
state share of permanent foundation education aid for charter public schools delineated by school
district.
(b) The local share of education funding shall be paid to the charter public school, Davies,
and the Met Center by the district of residence of the student and shall be the local, per-pupil cost
calculated by dividing the local appropriation to education from property taxes, net of debt service,
and capital projects, as defined in the uniform chart of accounts by the average daily membership
for each city and town, pursuant to § 16-7-22, for the reference year.
(c) Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by
the district of residence to charter public schools, Davies, and the Met Center. This reduction shall
be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of
residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public
textbooks, transportation for non-public students, retiree health benefits, out-of-district special-
education tuition and transportation, services for students age eighteen (18) to twenty-one (21)
years old, pre-school screening and intervention, and career and technical education, tuition and
transportation costs, debt service and rental costs minus the average expenses incurred by charter
schools for those same categories of expenses as reported in the uniform chart of accounts for the
prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary
and secondary education. In the case where audited financials result in a change in the calculation
after the first tuition payment is made, the remaining payments shall be based on the most recent
audited data. For those districts whose greater reduction occurs under the calculation of (ii), there
shall be an additional reduction to payments to mayoral academies with teachers who do not
participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil
value of teacher retirement costs attributable to unfunded liability as calculated by the state’s
actuary for the prior preceding fiscal year. Notwithstanding the foregoing, beginning with FY 2026,
the reduction to the local per-pupil funding shall not exceed fourteen percent (14%).
Notwithstanding the foregoing, for FY 2027, the reduction to the local per-pupil funding shall not
exceed fourteen percent (14%), other than for mayoral academies serving students from less than
four local school districts which have been approved as sending districts by the department of
elementary and secondary education. Notwithstanding the foregoing, beginning with FY 2028, the
reduction to the local per-pupil funding shall not exceed fourteen percent (14%).
(d) Local district payments to charter public schools, Davies, and the Met Center for each
district’s students enrolled in these schools shall be made on a quarterly basis in July, October,
January, and April; however, the first local-district payment shall be made by August 15, instead
of July. Failure of the community to make the local-district payment for its student(s) enrolled in a
charter public school, Davies, and/or the Met Center may result in the withholding of state
education aid pursuant to § 16-7-31.
(e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met
Center enrollment, that, combined, comprise five percent (5%) or more of the average daily
membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid
in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies,
or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount
of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter
public school, open-enrollment schools, Davies, or the Met Center students as of the reference year
as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019
shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met
Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty
dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the
districts of residence.
15 (f) [Deleted by P.L. 2023, ch. 79, art. 8, § 2.]
This chapter applies to education aid for any city, town or regional school district including
the Central Falls state operated school district, charter schools, the William M. Davies, Jr. Career
and Technical High School, and the Metropolitan Regional Career and Technical Center.
Calculation and distribution of aid under §§ 16-7-20.5, 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-
7.1-11, 16-7.1-11.1, 16-7.1-12, 16-7.1-15, 16-7.1-16, 16-7.1-17, 16-7.1-18, 16-7.1-19, 16-67-4,
and 16-77.1-2 is hereby suspended effective July 1, 2011, until further action by the general
assembly. Aid under this chapter will be paid pursuant to § 16-7-17, except that aid to the Central
Falls state operated school district and charter schools, Davies, and the Met Center pursuant to §
16-7.2-5 shall be paid in twelve (12) equal installments on the first of each month.
SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 54.1
THE SUPPORT AND ACCESS TO BILINGUAL EDUCATION ACT
30 16-54.1-1. Short title.
This chapter shall be known and may be cited as “The Support and Access to Bilingual
Education Act.”
For the purposes of this chapter:
(1) “Bilingual dual language teacher”, or “BDL teacher,” means a teacher who provides
integrated language and content instruction in a partner language only or in a partner language and
in English, appropriate to the instructional program model they teach in, and holds the appropriate
certification pursuant to regulation 200-RICR-20-20-1.
(2) “Bilingual language instruction program model” or "Bilingual education program
model” is an approach that serves multilingual learners at all stages of English language
development and who share a common home/native language. The goal of this approach is
proficiency and literacy in English and a partner language, as well as content achievement in both
English and a partner language. Instruction is provided in both English and home/native or partner
language. The bilingual education approach consists of dedicated English language development
and integrated language and content instruction components and can be structured in any of the
instructional program models as defined by 200-RICR-20-30-3.
(3) "Department" means the department of elementary and secondary education.
(4) "Eligible teacher" means a full-time teacher certified to teach in a kindergarten through
grade twelve (K-12) school by the department of elementary and secondary education and is
actively teaching within a public school with a high-incidence of multilingual learners in
accordance with regulation 200-RICR-20-30-3.
(5) "High incidence of multilingual learners" means a local educational agency with a
multilingual learners student population that meets at least one of the following two (2) criteria: (i)
Is greater than or equal to two hundred and fifty (250) total multilingual learners; or (ii) Is greater
than or equal to twenty percent (20%) of the local educational agency's total student population
pursuant to the Rhode Island regulations governing the education of multilingual learners (200-
RICR-20-30-3).
(6) "Local education agency" or "LEA" shall have the same meaning as defined in § 16-
25 92-3.
(7) "Multilingual individual" means an individual who has demonstrated advanced low or
higher proficiency in the target language of certification in accordance with the American Council
on the Teaching of Foreign Languages (ACTFL) proficiency scale through any of the approved
seal of biliteracy language proficiency assessments including, but not limited to: ACT, SAT,
advanced placement (English language and composition, English literature and composition, and
world language), ACCESS, LAS Links (Form C/D), AAPPL, STAMP 4S, and ASLPI.
(8) "Qualifying languages" means the most common languages other than English spoken
in the local education agency according to the U.S. Census Bureau and department data sources.
(9) "State" means the State of Rhode Island.
(10) "World language educator" means a person who is certified by the department of
elementary and secondary education as an all grades world language teacher in accordance with
regulation 200-RICR-20-20-1.
(a) The department shall establish and maintain a bilingual education support fund to
provide grants to traditional public school districts that establish and expand bilingual language
instruction program models; community-based organizations in collaboration with traditional
public school districts that establish and expand bilingual language instruction program models; or
institutions of higher education in partnership with traditional public school districts that establish
and expand bilingual language instruction program models.
(b) The fund shall consist of:
(1) Appropriations made by the general assembly pursuant to this section;
(2) Charitable contributions to the fund; and
(3) Other sources deemed appropriate by the department.
(a) Eligibility for applicants shall be a minimum of one the following:
(1) A traditional public school district within the state;
(2) A community-based organization working in partnership with one or more traditional
public school district(s) within the state; or
(3) An institution of higher education (IHE) working in partnership with one or more
traditional public school district(s) within the state.
(b) An applicant may be eligible to receive a grant pursuant to the provisions of this chapter
if:
(1) The traditional public school district uses or is planning to create a high-quality
bilingual language instruction program model in accordance with chapter 54 of title 16 (“education
of limited English proficient students”) and in accordance with regulations promulgated pursuant
thereto.
(2) The LEA has a high incidence of multilingual learners as defined in 200-RICR-20-30-
3. For purposes of this section, the qualifying language(s) of instruction, in addition to English,
shall be determined based on the predominant home language(s) of the multilingual learner (MLL)
student population.
(3) The LEA develops and commits to an immediate or gradual staffing plan to support the
kindergarten through grade twelve (K-12) dual language program.
(c) Traditional public school districts are encouraged to leverage existing funds including
the state share of the MLL funding formula distribution and federal funds.
(d) Traditional public school district, community-based organization, and institution of
higher education recipients funded pursuant to § 16-54.1-3, shall utilize such monies for dual
language program planning and implementation activities including, but not limited to:
(1) Partnering with education professionals and organizations to design programs;
(2) Developing and executing professional development for administrators and instructors;
or
(3) Traditional public school districts self-evaluation program planning and
implementation of staffing needs including, but not limited to:
(i) Providing financial support for bilingual dual language and world language teacher
certification;
(ii) Providing in-service educator dual language professional development;
(iii) Procuring high-quality curricular materials to enhance dual language instruction; and
(iv) Other activities designed to facilitate or promote the LEA’s existing or emerging dual
language programs.
(e) Only programs that adhere to high quality dual language program standards shall be
funded.
(a) The department shall collaborate with the office of the postsecondary commissioner,
and in consultation with any approved educator preparation program, to increase and streamline
the issuance of world language and bilingual dual language certifications for purposes of increasing
the number of bilingual dual language and world language teachers in LEAs with a high incidence
of multilingual learners as defined in 200-RICR-20-30-3.
(b) Eligibility for applicants shall be at a minimum one of the following:
(1) A traditional public school district within the state;
(2) A community-based organization working in partnership with one or more traditional
public school district(s) within the state; or
(3) An institution of higher education (IHE) working in partnership with one or more
traditional public school district(s) within the state.
(c) An applicant may be eligible to receive a grant pursuant to the provisions of this chapter
if:
(1) Support for teacher certification costs are granted to multilingual individuals who plan
to teach in a traditional public school district and use, or is planning to create, a high-quality
bilingual language instruction program model in accordance with chapter 54 of title 16 (“education
of limited English proficient students”) and further in accordance with regulations promulgated
pursuant thereto;
(2) The LEA has a high incidence of multilingual learners as defined in 200-RICR-20-30-
3; or
(3) The qualifying language(s) of instruction, in addition to English, shall be determined
based on the predominant home language(s) of the multilingual learner student population.
SECTION 6. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School
Building Authority" is hereby amended to read as follows:
The school building authority roles and responsibilities shall include:
(1) Management of a system with the goal of ensuring equitable and adequate school
housing for all public school children in the state;
(2) Prevention of the cost of school housing from interfering with the effective operation
of the schools;
(3) Management of school housing aid in accordance with statute;
(4) Reviewing and making recommendations to the council on elementary and secondary
education on necessity of school construction applications for state school housing aid and the
school building authority capital fund, based on the recommendations of the school building
authority advisory board;
(5) Promulgating, managing, and maintaining school construction regulations, standards,
and guidelines applicable to the school housing program, based on the recommendations of the
school building authority advisory board, created in § 16-105-8. Said regulations shall require
conformance with the minority business enterprise requirements set forth in § 37-14.1-6;
(6) Developing a prequalification and review process for prime contractors, architects, and
engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs
subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be
valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the
school building authority in granting a prequalification to prime contractors shall include, but not
be limited to, the contractor’s history of completing complex projects on time and on budget, track
record of compliance with applicable environmental and safety regulations, evidence that
completed prior projects prioritized the facility’s future maintainability, and compliance with
applicable requirements for the use of women and minority owned subcontractors;
(i) At least annually, a list of prequalified contractors, architects, and engineers shall be
publicly posted with all other program information;
(7) Providing technical assistance and guidance to school districts on the necessity of
school construction application process;
(8) Providing technical advice and assistance, training, and education to cities, towns,
and/or local education agencies and to general contractors, subcontractors, construction or project
managers, designers and others in planning, maintenance, and establishment of school facility
space;
(9) Developing a project priority system, based on the recommendations of the school
building authority advisory board, in accordance with school construction regulations for the school
building authority capital fund, subject to review and, if necessary, to be revised on intervals not to
exceed five (5) years. Project priorities shall include, but not be limited to, the following order of
priorities:
(i) Projects to replace or renovate a building that is structurally unsound or otherwise in a
condition seriously jeopardizing the health and safety of school children where no alternative exists;
(ii) Projects needed to prevent loss of accreditation;
(iii) Projects needed for the replacement, renovation, or modernization of the HVAC
system in any schoolhouse to increase energy conservation and decrease energy-related costs in
said schoolhouse;
(iv) Projects needed to replace or add to obsolete buildings in order to provide for a full
range of programs consistent with state and approved local requirements; and
(v) Projects needed to comply with mandatory, instructional programs;
(10) Maintaining a current list of requested school projects and the priority given them;
(11) Collecting and maintaining readily available data on all the public school facilities in
the state;
(12) Collecting, maintaining, and making publicly available quarterly progress reports of
all ongoing school construction projects that shall include, at a minimum, the costs of the project
and the time schedule of the project;
(13) Recommending policies and procedures designed to reduce borrowing for school
construction programs at both state and local levels;
(14) At least every five (5) years, conducting a needs survey to ascertain the capital
construction, reconstruction, maintenance, and other capital needs for schools in each district of the
state, including public charter schools;
(15) Developing a formal enrollment projection model or using projection models already
available;
(16) Encouraging local education agencies to investigate opportunities for the maximum
utilization of space in and around the district;
(17) Collecting and maintaining a clearinghouse of prototypical school plans that may be
consulted by eligible applicants;
(18) Retaining the services of consultants, as necessary, to effectuate the roles and
responsibilities listed within this section;
(19) No district shall receive a combined total of more than twenty (20) incentive
percentage points for projects that commence construction by December 30, 2023, and five (5)
incentive points for projects that commence construction thereafter; provided further, these caps
shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a
district’s share shall not be decreased by more than half of its regular share irrespective of the
number of incentive points received, nor shall a district’s state share increase by more than half of
its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective
of the number of incentive points received. Notwithstanding any provision of the general laws to
the contrary, the reimbursement or aid received under this chapter or chapter 38.2 of title 45 shall
not exceed one hundred percent (100%) of the sum of the total project costs plus interest costs. If
a two hundred and fifty million dollar ($250,000,000) general obligation bond is approved on the
19 November 2018 ballot, projects approved between May 1, 2015, and January 1, 2018, are eligible
to receive incentive points (above and beyond what the project was awarded at the time of approval)
pursuant to § 16-7-39 and § 16-7-40. Provided, however, any project approved during this time
period with a project cost in excess of one million five hundred thousand dollars ($1,500,000),
which does not include an owner’s program manager and a commissioning agent, shall only be
eligible to receive five (5) incentive points. Incentive points awarded pursuant to the provisions of
this subsection shall only be applied to reimbursements occurring on or after July 1, 2018. Any
project approved between May 1, 2015, and January 1, 2018, that is withdrawn and/or resubmitted
for approval shall not be eligible for any incentive points.
SECTION 7. Section 16-107-6 of the General Laws in Chapter 16-107 entitled "Rhode
Island Promise Scholarship" is hereby amended to read as follows:
(a) Beginning with the students who enroll at the community college of Rhode Island in
the fall of 2017, to be considered for the scholarship, a student:
(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by
the council on postsecondary education, as amended, supplemented, restated, or otherwise modified
from time to time (“residency policy”); provided, that, the student must have satisfied the high
school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;
provided, further, that in addition to the option of meeting the requirement by receiving a high
school equivalency diploma as described in the residency policy, the student can satisfy the
condition by receiving other certificates or documents of equivalent nature from the state or its
municipalities as recognized by applicable regulations promulgated by the council on elementary
and secondary education;
(2) Must be admitted to, and must enroll and attend the community college of Rhode Island
on a full-time basis by the semester immediately following high school graduation or the semester
immediately following receipt of a high school equivalency diploma;
(3) Must complete the FAFSA and any required FAFSA verification, or for persons who
are legally unable to complete the FAFSA must complete a comparable form created by the
community college of Rhode Island, by the deadline prescribed by the community college of Rhode
Island for each year in which the student seeks to receive funding under the scholarship program;
(4) Must continue to be enrolled on a full-time basis;
(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or
greater, as determined by the community college of Rhode Island;
(6) Must remain on track to graduate on time as determined by the community college of
Rhode Island;
(7) Must not have already received an award under this scholarship program; and
(8) Must commit to live, work, or continue their education in Rhode Island after graduation.
The community college of Rhode Island shall develop a policy that will secure this
commitment from recipient students.
(b) Notwithstanding the eligibility requirements under subsection (a) of this section
(“specified conditions”):
(1) In the case of a recipient student who has an approved medical or personal leave of
absence or is unable to satisfy one or more specified conditions because of the student’s medical
or personal circumstances, the student may continue to receive an award under the scholarship
program upon resuming the student’s education so long as the student continues to meet all other
applicable eligibility requirements;
(2) In the case of a recipient student who is a member of the national guard or a member
of a reserve unit of a branch of the United States military and is unable to satisfy one or more
specified conditions because the student is or will be in basic or special military training, or is or
will be participating in a deployment of the student’s guard or reserve unit, the student may continue
to receive an award under the scholarship program upon completion of the student’s basic or special
military training or deployment; and
(3) Any student with a disability, otherwise eligible for a scholarship pursuant to the
provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be
afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of
1973, including, but not limited to, enrolling on a part-time basis, attaining a high school
diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an
associate’s degree ;
(4) Any student who enrolled in a postsecondary institution by the semester immediately
following high school graduation or the semester immediately following receipt of a high school
equivalency diploma and remained in the institution for only up to one semester may enroll and
attend the community college of Rhode Island in the semester immediately following and qualify
for the scholarship pursuant to this section; and
(5) Any student may defer initial enrollment for one semester at the community college of
Rhode Island for the semester immediately following high school graduation or the semester
immediately following receipt of a high school equivalency diploma with an approved written
request and reason and qualifies for the scholarship pursuant to this section .
SECTION 8. Sections 16-113-7 and 16-113-10 of the General Laws in Chapter 16-113
entitled "Rhode Island Hope Scholarship Pilot Program Act" are hereby amended to read as
follows:
(a) On or before November 10, 2023, and on or before November 10 and May 10 thereafter
for every year through and including calendar year 2030, Rhode Island college shall submit a report
to the director of the office of management and budget, the state budget officer, the house fiscal
advisor, the senate fiscal advisor, the commissioner of postsecondary education, and the chair of
the council on postsecondary education, detailing the following:
(1) The number of students eligible to participate in the scholarship program;
(2) The amount of federal and institutional financial aid anticipated to be received by
recipient students;
(3) The aggregate tuition and mandatory fee costs attributable to recipient students;
(4) The resulting total cost of the scholarship program to the state; and
(5) The report shall contain such data for both the current fiscal year and the most up-to-
date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort
and shall be accompanied by a written explanation detailing the estimating methodology utilized
and any impact(s) the forecasted data may present to institutional capacity, operational costs, and
the tuition/fee revenue base of the institution.
(b) On or before July 1, 2030 2028 , Rhode Island college and the commissioner of
postsecondary education shall submit a report evaluating the program based on all cohorts to the
governor, speaker of the house, and the president of the senate. This evaluation shall include the
following:
(1) The number of students who started in each cohort;
(2) The number of students in each cohort who have attained a degree or certification in an
on-time manner;
(3) The number of students in each cohort who have not attained a degree or certification
in an on-time manner and an analysis of why that has happened;
(4) The number of students in each cohort who began the program but have been unable to
continue or complete the program and an analysis of why that has happened;
(5) The costs of the program and the costs of continuing the program;
(6) Suggestions for ways to increase the success of the program;
(7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing
the program; and
(8) Any such other recommendations or information as Rhode Island college and the
commissioner of postsecondary education deem appropriate to include in the evaluation.
(c) The office of management and budget, in consultation with the office of the
postsecondary commissioner, shall oversee the apportionment and disbursement of all funds
appropriated for the purpose of the scholarship program.
The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023,
through and including June 30, 2030 2033 . There shall be no further funding of the pilot program
without further action of the general assembly. Any final reports due pursuant to this chapter shall
be filed pursuant to the dates set forth herein.
SECTION 9. Section 44-5-2 of the General Laws in Chapter 44-5 entitled "Levy and
Assessment of Local Taxes" is hereby amended to read as follows:
(a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount
not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that
city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year
thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-
half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-
half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as
applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%)
except as specified in subsection (c) of this section. In all years when a revaluation or update is not
being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or
less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged
for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the
prior year's tax on the same parcel of real property. In any year through and including fiscal year
2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred
five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property
valuation and municipal finance in the department of revenue.
(b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five
and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or
town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not
more than five percent (5%) in excess of the total amount levied and certified by that city or town
for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more
than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by
that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an
amount not more than four and one-half percent (4.5%) in excess of the total amount levied and
certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy
a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount
levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each
fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%)
in excess of the total amount levied and certified by that city or town for its previous fiscal year.
For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall
not be included. For FY 2018, in the event that a city or town, solely as a result of the exclusion of
the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to
FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said city or town
shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event
shall it exceed the four percent (4%) levy cap growth with the car tax portion included; provided,
however, nothing herein shall prohibit a city or town from exceeding the property tax cap if
otherwise permitted pursuant to subsection (d) of this section.
(c) The division of property valuation in the department of revenue shall monitor city and
town compliance with this levy cap, issue periodic reports to the general assembly on compliance,
and make recommendations on the continuation or modification of the levy cap on or before
2 December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief
elected official in each city and town shall provide to the division of property and municipal finance
within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other
pertinent information.
(d) The amount levied by a city or town may exceed the percentage increase as specified
in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following
provisions:
(1) The city or town forecasts or experiences a loss in total non-property tax revenues and
the loss is certified by the department of revenue.
(2) The city or town experiences or anticipates an emergency situation, which causes or
will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this
section. In the event of an emergency or an anticipated emergency, the city or town shall notify the
auditor general who shall certify the existence or anticipated existence of the emergency. Without
limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or
town experiences or anticipates health insurance costs, retirement contributions, or utility
expenditures that exceed the prior fiscal year's health insurance costs, retirement contributions, or
utility expenditures by a percentage greater than three (3) times the percentage increase as specified
in subsection (a) or (b) of this section.
(3) A city or town forecasts or experiences debt services expenditures that exceed the prior
year's debt service expenditures by an amount greater than the percentage increase as specified in
subsection (a) or (b) of this section and that are the result of bonded debt issued in a manner
consistent with general law or a special act. In the event of the debt service increase, the city or
town shall notify the department of revenue which shall certify the debt service increase above the
percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service.
No action approving or disapproving exceeding a levy cap under the provisions of this section
affects the requirement to pay obligations as described in subsection (d) of this section.
(4) The city or town experiences substantial growth in its tax base as the result of major
new construction that necessitates either significant infrastructure or school housing expenditures
by the city or town or a significant increase in the need for essential municipal services and such
increase in expenditures or demand for services is certified by the department of revenue.
(5) In the city of Providence, for fiscal year 2026, any additional revenue generated from
the Class 2B rate exceeding twenty-eight dollars and eighty cents ($28.80) per one thousand dollars
($1,000) may exceed the maximum levy. For the purposes of this subsection, "Class 2A" and "Class
2B" shall have the same meaning as in § 44-5-11.18(1)(ii).
(6) Effective for tax assessment dated on or after December 31, 2025, and subject to all
requirements set forth in this section, the taxes levied on new housing units added to the municipal
tax base during a fiscal year may exceed the maximum levy. For the purposes of this subsection,
subject to the qualifying requirements below, new housing units shall include newly constructed
residential properties, meaning single-family homes, two-family homes, single-family attached
structures, multi-family dwellings, mixed-use developments where residential units constitute at
least fifty percent (50%) of the building's total square footage as well as existing buildings
converted into residential housing units qualifying under adaptive reuse in § 45-24-37; provided
such conversions meet all applicable zoning and building code requirements and increase the
municipality's total housing stock. New construction shall also include modular and manufactured
homes. This provision shall apply provided that:
(i) A city or town has issued over ten (10) certificates of occupancy for new housing units
during the fiscal year in which the exemption is sought; and
(ii) Such units are part of a development project that includes at least ten percent (10%) of
the units designated as low- or moderate-income housing as defined in §§ 45-53-3 and 42-128-8.1;
and
(iii) Such units are taxed utilizing the same valuation methods and rates as similar units in
the respective city or town; and
(iv) The taxes levied on these qualifying new housing units may only exceed the maximum
levy for the fiscal year in which the certificate of occupancy is issued and two (2) fiscal years
thereafter in which the municipality shall phase in the full taxes for these units into the maximum
levy by the fourth fiscal year following the issuance of a certificate of occupancy for the new
housing unit(s).
(e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase
specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least
four-fifths (⅘) of the full membership of the governing body of the city or town, or in the case of a
city or town having a financial town meeting, the majority of the electors present and voting at the
town financial meeting shall also approve the excess levy.
(f) Nothing contained in this section constrains the payment of present or future obligations
as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation
without limitation as to rate or amount to pay general obligation bonds or notes of the city or town
except as otherwise specifically provided by law or charter.
(g) Notwithstanding anything to the contrary, the town of Little Compton is permitted a
one-year levy cap exemption for fiscal year 2026 not to exceed twelve percent (12%), and subject
to approval by the Little Compton Financial Town Meeting.
(h) Notwithstanding anything to the contrary, the City of Providence is permitted a one-
year levy cap exemption for fiscal year 2026 not to exceed eight percent (8%).
(i) Notwithstanding anything to the contrary, the city of Central Falls, in fiscal years 2027
and thereafter, may levy an amount in excess of the percentage increase as specified in subsection
(a) or (b) of this section if it requires additional revenue to fulfill its obligation to contribute the
amount required by § 16-7-23.3 and such need is certified by the department of revenue.
SECTION 10. Section 45-38.2-2 of the General Laws in Chapter 45-38.2 entitled "School
Building Authority Capital Fund" is hereby amended to read as follows:
(a) There is hereby established a school building authority capital fund. The corporation
shall establish and set up on its books the fund, to be held in trust and to be administered by the
corporation as provided in this chapter. This fund shall be in addition to the annual appropriation
for committed expenses related to the repayment of housing aid commitments. The corporation
shall deposit the following monies into the fund:
(1) The difference between the annual housing aid appropriation and housing aid
commitment amounts appropriated or designated to the corporation by the state for the purposes of
the foundation program for school housing; provided that for FY 2019 and FY 2020 that amount
shall be used for technical assistance to districts pursuant to § 16-105-3(7);
(2) Loan repayments, bond refinance interest savings, and other payments received by the
corporation pursuant to loan or financing agreements with cities, towns, or local education agencies
executed in accordance with this chapter;
(3) Investment earnings on amounts credited to the fund;
(4) Proceeds of bonds of the corporation issued in connection with this chapter to the extent
required by any trust agreement for such bonds;
(5) Administrative fees levied by the corporation, with respect to financial assistance
rendered under this chapter and specified in § 45-38.2-3(a)(4), less operating expenses;
(6) Other amounts required by provisions of this chapter or agreement, or any other law or
any trust agreement pertaining to bonds to be credited to the fund; and
(7) Any other funds permitted by law which the corporation in its discretion shall determine
to credit thereto.
(b) The corporation shall establish and maintain fiscal controls and accounting procedures
conforming to generally accepted government accounting standards sufficient to ensure proper
accounting for receipts in and disbursements from the school building authority capital fund.
(c) The school building authority shall establish and maintain internal controls to ensure
that local education agencies are providing adequate asset protection plans, all local education
agencies have equal access and opportunity to address facility improvements on a priority basis,
and to ensure that funding from the school building authority capital fund has the greatest impact
on facility gaps in state priority areas. The school building authority will also manage necessity of
school construction approvals in accordance with the funding levels set forth by the general
assembly.
SECTION 11. This article shall take effect upon passage, except sections 3, 4, 5, and 6
which shall be effective July 1, 2026 and except Section 10 which shall take effect retroactively as
of July 1, 2025.
=======
art.008/4/008/3/008/2/008/1
=======
RELATING TO MEDICAL ASSISTANCE
SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing
of Healthcare Facilities" is hereby amended to read as follows:
(a) There is imposed a hospital licensing fee described in subsections (c) through (f) for
state fiscal years 2024 and 2025 against net patient-services revenue of every non-government
owned hospital as defined herein for the hospital's first fiscal year ending on or after January 1,
2022. The hospital licensing fee shall have three (3) tiers with differing fees based on inpatient and
outpatient net patient-services revenue. The executive office of health and human services, in
consultation with the tax administrator, shall identify the hospitals in each tier, subject to the
definitions in this section, by July 15, 2023, and shall notify each hospital of its tier by August 1,
2023.
(b) There is also imposed a hospital licensing fee described in subsections (c) through (f)
for state fiscal year years 2026 and 2027 against net patient-services revenue of every non-
government owned hospital as defined herein for the hospital's first fiscal year ending on or after
16 January 1, 2023. The hospital licensing fee shall have three (3) tiers with differing fees based on
inpatient and outpatient net patient-services revenue. The executive office of health and human
services, in consultation with the tax administrator, shall identify the hospitals in each tier, subject
to the definitions in this section, annually by July 15 , 2025, and shall notify each hospital of its
assigned tier by August 1 , 2025 .
(c) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or Tier
22 3.
(1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and twelve hundredths
percent (13.12%) of the inpatient net patient-services revenue derived from inpatient net patient-
services revenue of every Tier 1 hospital.
(2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and thirty hundredths
percent (13.30%) of the net patient-services revenue derived from outpatient net patient-services
revenue of every Tier 1 hospital.
(d) Tier 2 is composed of high Medicaid/uninsured cost hospitals and independent
hospitals.
(1) The inpatient hospital licensing fee for Tier 2 is equal to two and sixty-three hundredths
percent (2.63%) of the inpatient net patient-services revenue derived from inpatient net patient-
services revenue of every Tier 2 hospital.
(2) The outpatient hospital licensing fee for Tier 2 is equal to two and sixty-six hundredths
percent (2.66%) of the outpatient net patient-services revenue derived from outpatient net patient-
services revenue of every Tier 2 hospital.
(e) Tier 3 is composed of hospitals that are Medicare-designated low-volume hospitals and
rehabilitative hospitals.
(1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-one hundredths
percent (1.31%) of the inpatient net patient-services revenue derived from inpatient net patient-
services revenue of every Tier 3 hospital.
(2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-three
hundredths percent (1.33%) of the outpatient net patient-services revenue derived from outpatient
net patient-services revenue of every Tier 3 hospital.
(f) There is also imposed a hospital licensing fee for state fiscal year 2024 against state-
government owned and operated hospitals in the state as defined herein. The hospital licensing fee
is equal to five and twenty-five hundredths percent (5.25%) of the net patient-services revenue of
every hospital for the hospital's first fiscal year ending on or after January 1, 2022. There is also
imposed a hospital licensing fee for state fiscal years 2025 , and 2026 , and 2027 against state-
government owned and operated hospitals in the state as defined herein equal to five and twenty-
five hundredths percent (5.25%) of the net patient-services revenue of every hospital for the
hospital's first fiscal year ending on or after January 1, 2023.
(g) The hospital licensing fee described in subsections (b) through (f) is subject to U.S.
Department of Health and Human Services approval of a request to waive the requirement that
healthcare-related taxes be imposed uniformly as contained in 42 C.F.R. § 433.68(d).
(h) This hospital licensing fee shall be administered and collected by the tax administrator,
division of taxation within the department of revenue, and all the administration, collection, and
other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
the tax administrator before June 25 of each fiscal year, and payments shall be made by electronic
transfer of monies to the tax administrator and deposited to the general fund. Every hospital shall,
on or before August 1 of each fiscal year, make a return to the tax administrator containing the
correct computation of inpatient and outpatient net patient-services revenue for the hospital data
referenced in subsection (a) and/or (b) this section , and the licensing fee due upon that amount. All
returns shall be signed by the hospital's authorized representative, subject to the pains and penalties
of perjury.
(i) For purposes of this section the following words and phrases have the following
meanings:
(1) "Gross patient-services revenue" means the gross revenue related to patient care
services.
(2) "High Medicaid/uninsured cost hospital" means a hospital for which the hospital's total
uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital's total net
patient-services revenues, is equal to six percent (6.0%) or greater.
(3) "Hospital" means the actual facilities and buildings in existence in Rhode Island,
licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital
conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient
and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid
managed care payment rates for a court-approved purchaser that acquires a hospital through
receivership, special mastership, or other similar state insolvency proceedings (which court-
approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly
negotiated rates between the court-approved purchaser and the health plan, and such rates shall be
effective as of the date that the court-approved purchaser and the health plan execute the initial
agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital
payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),
respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)
period as of July 1 following the completion of the first full year of the court-approved purchaser's
initial Medicaid managed care contract.
(4) "Independent hospitals" means a hospital not part of a multi-hospital system.
(5) "Inpatient net patient-services revenue" means the charges related to inpatient care
services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual
allowances.
(6) "Medicare-designated low-volume hospital" means a hospital that qualifies under 42
C.F.R. 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher
incremental costs associated with a low volume of discharges.
(7) "Net patient-services revenue" means the charges related to patient care services less
(i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.
(8) "Non-government owned hospitals" means a hospital not owned and operated by the
state of Rhode Island.
(9) "Outpatient net patient-services revenue" means the charges related to outpatient care
services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual
allowances.
(10) "Rehabilitative hospital" means Rehabilitation Hospital Center licensed by the Rhode
Island department of health.
(11) "State-government owned and operated hospitals" means a hospital facility licensed
by the Rhode Island department of health, owned and operated by the state of Rhode Island.
(j) The tax administrator in consultation with the executive office of health and human
services shall make and promulgate any rules, regulations, and procedures not inconsistent with
state law and fiscal procedures that he or she deems necessary for the proper administration of this
section and to carry out the provisions, policy, and purposes of this section.
(k) The licensing fee imposed by subsections (a) through (f) shall apply to hospitals as
defined herein that are duly licensed on July 1, 2024, and shall be in addition to the inspection fee
imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this
section.
SECTION 2. Section 40-8-3 of the General Laws in Chapter 40-8 entitled "Medical
Assistance" is hereby amended to read as follows:
Medical care benefits shall be provided under this chapter to at least any person:
(1) Who has attained the age of sixty-five (65) years; or
(2) Who has no vision or whose vision is so defective as to prevent performance of ordinary
activities for which eyesight is essential; or
(3) Who is at least eighteen (18) years of age and who is permanently and totally disabled;
or
(4) Who is under the age of eighteen (18) years, and who has been deprived of parental
support or care by reason of the death, continued absence from the home, unemployment, or
physical or mental incapacity of a parent (called hereafter “dependent child”) and who is living
with a relative in a place of residence maintained by one or more of these relatives as his or her or
their own home, or is in foster boarding care; or
(5) The relative as defined in subsection (8) of § 40-8-2, with whom the dependent child is
living; provided the person:
(i) Is a resident of this state; and
(ii) Is not receiving public assistance under the provisions of § 40-5.1-9(b) [repealed] or §
1 40-6-27; and
(iii) Is not an inmate of a public institution other than as a patient in a medical institution;
and
(iv) Is not a patient in an institution for tuberculosis or mental disease, unless the person
has attained the age of sixty-five (65) years; provided, however, that this clause shall become void
and of no effect if and when legislation enacted by the Congress of the United States shall become
effective providing for payments for medical care on behalf of persons who have not attained the
age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and
(v) Has insufficient income and resources. The department shall establish income and
resource rules, regulations, and limits in accordance with Title XIX of the federal Social Security
Act, 42 U.S.C. § 1396 et seq., as applicable to the medically needy only applicants and recipients.
The income limits established by the department must be more than the AFDC standard in effect
on July 16, 1996, under the Rhode Island state plan approved under part A of Title IV of the federal
Social Security Act, 42 U.S.C. § 601 et seq., but shall not be more than one hundred thirty-three
and one-third percent (133⅓%) of the AFDC standard in effect on July 16, 1996, under the Rhode
Island state plan approved under part A of Title IV of the federal Social Security Act; provided,
however, that subject to the maximum percentage increase allowable under § 1931(b)(2)(B), the
department shall increase the income limits on July 1, 1999, by six and six-tenths percent (6.6%),
and on January 1, of each year commencing in the year 2000 by a percentage equal to the annual
federal adjustment percentage as determined under the provisions of Title XVI of the federal Social
Security Act, 42 U.S.C. § 1381 et seq. The department shall establish resource limits equal to two
thousand dollars ($2,000) eight thousand dollars ($8,000) for an individual and three thousand
dollars ($3,000) twelve thousand dollars ($12,000) for a family. Provided, however, the department
shall apply to the United States Department of Health and Human Services for a waiver relating to
application of the reduced resource limit, and subject to the granting of the waiver by the Secretary
of the United States Department of Health and Human Services, the resource limit shall be applied
to all applicants who: (A) Become eligible for benefits under this chapter on or after the effective
date of this amendment and (B) Who were not receiving benefits under this chapter prior to July 1,
1993. In the event the secretary does not approve the waiver request, the current department
regulations relating to resource limits shall remain in effect for all eligible beneficiaries.
For the purposes of this subsection, 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 the disability, shall not be counted as resources of the applicants and recipients.
SECTION 3. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled
"Uncompensated Care" are hereby amended to read as follows:
As used in this chapter:
(1) "Base year" means, for the purpose of calculating a disproportionate share payment for
any fiscal year ending after September 30, 2024 2025 , the period from October 1, 2022 2023 ,
through September 30, 2023 2024 , and for any fiscal year ending after September 30, 2025 2026 ,
the period from October 1, 2023 2024 , through September 30, 2024 2025 .
(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a
percentage), the numerator of which is the hospital's number of inpatient days during the base year
attributable to patients who were eligible for medical assistance during the base year and the
denominator of which is the total number of the hospital's inpatient days in the base year.
(3) "Participating hospital" means any nonpsychiatric hospital that:
(i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year
and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to
§ 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless
of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-
17-6(b) (change in effective control), that provides acute inpatient and/or outpatient care to persons
who require definitive diagnosis and treatment for injury, illness, disabilities, or pregnancy.
Notwithstanding the preceding language, the negotiated Medicaid managed care payment rates for
a court-approved purchaser that acquires a hospital through receivership, special mastership, or
other similar state insolvency proceedings (which court-approved purchaser is issued a hospital
license after January 1, 2013), shall be based upon the newly negotiated rates between the court-
approved purchaser and the health plan, and the rates shall be effective as of the date that the court-
approved purchaser and the health plan execute the initial agreement containing the newly
negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient
hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall
thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1
following the completion of the first full year of the court-approved purchaser's initial Medicaid
managed care contract;
(ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)
during the base year; and
(iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during
the payment year.
(4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred
by the hospital during the base year for inpatient or outpatient services attributable to charity care
(free care and bad debts) for which the patient has no health insurance or other third-party coverage
less payments, if any, received directly from such patients; (ii) The cost incurred by the hospital
during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less
any Medicaid reimbursement received therefor; and (iii) the sum of subsections (4)(i) and (4)(ii) of
this section shall be offset by the estimated hospital's commercial equivalent rates state directed
payment for the current SFY in which the disproportionate share hospital (DSH) payment is made.
The sum of subsections (4)(i), (4)(ii), and (4)(iii) of this section shall be multiplied by the
uncompensated care index.
(5) "Uncompensated-care index" means the annual percentage increase for hospitals
established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including
the payment year; provided, however, that the uncompensated-care index for the payment year
ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%),
and that the uncompensated-care index for the payment year ending September 30, 2008, shall be
deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care
index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight
hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending
19 September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September
20 30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018,
21 September 30, 2019, September 30, 2020, September 30, 2021, September 30, 2022, September
30, 2023, September 30, 2024, September 30, 2025, and September 30, 2026, and September 30,
2027 shall be deemed to be five and thirty hundredths percent (5.30%).
(a) For federal fiscal year 2024, commencing on October 1, 2023, and ending September
30, 2024, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$14.8 million, shall be allocated by the executive office of health and human services to the Pool
D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2024, and are expressly conditioned upon approval
on or before June 23, 2024, by the Secretary of the United States Department of Health and Human
Services, or their authorized representative, of all Medicaid state plan amendments necessary to
secure for the state the benefit of federal financial participation in federal fiscal year 2024 for the
disproportionate share payments.
(b) (a) For federal fiscal year 2025, commencing on October 1, 2024, and ending on
8 September 30, 2025, the executive office of health and human services shall submit to the Secretary
of the United States Department of Health and Human Services a state plan amendment to the
Rhode Island Medicaid DSH plan to provide:
(1) The creation of Pool C which allots no more than twelve million nine hundred thousand
dollars ($12,900,000) to Medicaid eligible government-owned hospitals;
(2) That the DSH plan to all participating hospitals, not to exceed an aggregate limit of
$27.7 million, shall be allocated by the executive office of health and human services to the Pool
C and D components of the DSH plan;
(3) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index of all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2025, and are expressly conditioned upon approval
on or before June 23, 2025, by the Secretary of the United States Department of Health and Human
Services, or their authorized representative, of all Medicaid state plan amendments necessary to
secure for the state the benefit of federal financial participation in federal fiscal year 2025 for the
disproportionate share payments; and
(4) That the Pool C allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care cost for the base year
inflated by the uncompensated-care index of all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2025, and are expressly conditioned upon approval
on or before June 23, 2025, by the Secretary of the United States Department of Health and Human
Services, or their authorized representative, of all Medicaid state plan amendments necessary to
secure for the state the benefit of federal financial participation in federal fiscal year 2025 for the
disproportionate share payments.
(c) (b) For federal fiscal year 2026, commencing on October 1, 2025, and ending on
1 September 30, 2026, the executive office of health and human services shall submit to the Secretary
of the United States Department of Health and Human Services a state plan amendment to the
Rhode Island Medicaid DSH plan to provide:
(1) That the DSH plan to all participating hospitals, not to exceed an aggregate limit of
$13.9 million, shall be allocated by the executive office of health and human services to the Pool
C and D components of the DSH plan. Pool C shall not exceed an aggregate limit of $12.9 million.
Pool D shall not exceed an aggregate limit of $1.0 million;
(2) That the Pool C allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care cost for the base year
inflated by the uncompensated-care index of all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2026, and are expressly conditioned upon approval
on or before June 23, 2026, by the Secretary of the United States Department of Health and Human
Services, or their authorized representative, of all Medicaid state plan amendments necessary to
secure for the state the benefit of federal financial participation in federal fiscal year 2026 for the
disproportionate share payments; and
(3) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index of all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2026, and are expressly conditioned upon approval
on or before June 23, 2026, by the Secretary of the United States Department of Health and Human
Services, or their authorized representative, of all Medicaid state plan amendments necessary to
secure for the state the benefit of federal financial participation in federal fiscal year 2026 for the
disproportionate share payments.
(c) For federal fiscal year 2027, commencing on October 1, 2026, and ending on September
30, 2027, the DSH plan for all participating hospitals shall not exceed an aggregate limit of thirty-
eight million nine hundred thousand dollars ($38,900,000) and shall be allocated by the executive
office of health and human services to the Pool C and D components of the DSH plan. The Pool C
component of the DSH plan shall not exceed an aggregate limit of twelve million nine hundred
thousand dollars ($12,900,000). The Pool D component of the DSH plan shall not exceed an
aggregate limit of twenty-six million dollars ($26,000,000).
(1) The Pool C allotment shall be distributed among the participating hospitals in direct
proportion to each individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index as described in § 40-8.3-2(5). The DSH payments shall
be made on or before June 30, 2027; and,
(2) The Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index as described in § 40-8.3-2(5). The disproportionate share
payments shall be made on or before June 30, 2027.
(d) No provision is made pursuant to this chapter for disproportionate-share hospital
payments to participating hospitals for uncompensated-care costs related to graduate medical
education programs.
(e) The executive office of health and human services is directed, on at least a monthly
basis, to collect patient-level uninsured information, including, but not limited to, demographics,
services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.
13 (f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]
SECTION 4. Section 40-8.5-1 of the General Laws in Chapter 40-8.5 entitled "Health Care
for Elderly and Disabled Residents Act" is hereby amended to read as follows:
The department of human services is hereby authorized and directed to amend its Title XIX
state plan to provide for categorically needy medical assistance coverage as permitted pursuant to
Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as amended, to individuals who are
sixty-five (65) years or older or are disabled, as determined under § 1614(a)(3) of the Social
Security Act, 42 U.S.C. § 1382c(a)(3), as amended, whose income does not exceed one hundred
percent (100%) of the federal poverty level (as revised annually) applicable to the individual’s
family size, and whose resources do not exceed four thousand dollars ($4,000) eight thousand
dollars ($8,000) per individual, or six thousand dollars ($6,000) twelve thousand dollars ($12,000)
per couple. The department shall provide medical assistance coverage to such elderly or disabled
persons in the same amount, duration, and scope as provided to other categorically needy persons
under the state’s Title XIX state plan.
SECTION 5. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical
Assistance — Long-Term Care Service and Finance Reform" is hereby amended to read as follows:
(a) Notwithstanding any other provision of state law, the executive office of health and
human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver
amendment(s), and/or state-plan amendments from the Secretary of the United States Department
of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of
program design and implementation that addresses the goal of allocating a minimum of fifty percent
(50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults
with disabilities, in addition to services for persons with developmental disabilities, to home- and
community-based care; provided, further, the executive office shall report annually as part of its
budget submission, the percentage distribution between institutional care and home- and
community-based care by population and shall report current and projected waiting lists for long-
term-care and home- and community-based care services. The executive office is further authorized
and directed to prioritize investments in home- and community-based care and to maintain the
integrity and financial viability of all current long-term-care services while pursuing this goal.
(b) The reformed long-term-care system rebalancing goal is person-centered and
encourages individual self-determination, family involvement, interagency collaboration, and
individual choice through the provision of highly specialized and individually tailored home-based
services. Additionally, individuals with severe behavioral, physical, or developmental disabilities
must have the opportunity to live safe and healthful lives through access to a wide range of
supportive services in an array of community-based settings, regardless of the complexity of their
medical condition, the severity of their disability, or the challenges of their behavior. Delivery of
services and supports in less-costly and less-restrictive community settings will enable children,
adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care
institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals,
intermediate-care facilities, and/or skilled nursing facilities.
(c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health
and human services is directed and authorized to adopt a tiered set of criteria to be used to determine
eligibility for services. The criteria shall be developed in collaboration with the state's health and
human services departments and, to the extent feasible, any consumer group, advisory board, or
other entity designated for these purposes, and shall encompass eligibility determinations for long-
term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with
intellectual disabilities, as well as home- and community-based alternatives, and shall provide a
common standard of income eligibility for both institutional and home- and community-based care.
The executive office is authorized to adopt clinical and/or functional criteria for admission to a
nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that
are more stringent than those employed for access to home- and community-based services. The
executive office is also authorized to promulgate rules that define the frequency of re-assessments
for services provided for under this section. Levels of care may be applied in accordance with the
following:
(1) The executive office shall continue to apply the level-of-care criteria in effect on April
1, 2021, for any recipient determined eligible for and receiving Medicaid-funded long-term services
and supports in a nursing facility, hospital, or intermediate-care facility for persons with intellectual
disabilities on or before that date, unless:
(i) The recipient transitions to home- and community-based services because he or she
would no longer meet the level-of-care criteria in effect on April 1, 2021; or
(ii) The recipient chooses home- and community-based services over the nursing facility,
hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of
this section, a failed community placement, as defined in regulations promulgated by the executive
office, shall be considered a condition of clinical eligibility for the highest level of care. The
executive office shall confer with the long-term-care ombudsperson with respect to the
determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid
recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with
intellectual disabilities as of April 1, 2021, receive a determination of a failed community
placement, the recipient shall have access to the highest level of care; furthermore, a recipient who
has experienced a failed community placement shall be transitioned back into their former nursing
home, hospital, or intermediate-care facility for persons with intellectual disabilities whenever
possible. Additionally, residents shall only be moved from a nursing home, hospital, or
intermediate-care facility for persons with intellectual disabilities in a manner consistent with
applicable state and federal laws.
(2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a
nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall
not be subject to any wait list for home- and community-based services.
(3) No nursing home, hospital, or intermediate-care facility for persons with intellectual
disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds
that the recipient does not meet level-of-care criteria unless and until the executive office has:
(i) Performed an individual assessment of the recipient at issue and provided written notice
to the nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities
that the recipient does not meet level-of-care criteria; and
(ii) The recipient has either appealed that level-of-care determination and been
unsuccessful, or any appeal period available to the recipient regarding that level-of-care
determination has expired.
(d) The executive office is further authorized to consolidate all home- and community-
based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- and
community-based services that include options for consumer direction and shared living. The
resulting single home- and community-based services system shall replace and supersede all 42
U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting
single program home- and community-based services system shall include the continued funding
of assisted-living services at any assisted-living facility financed by the Rhode Island housing and
mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter 66.8
of title 42 as long as assisted-living services are a covered Medicaid benefit.
(e) The executive office is authorized to promulgate rules that permit certain optional
services including, but not limited to, homemaker services, home modifications, respite, and
physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care
subject to availability of state-appropriated funding for these purposes.
(f) To promote the expansion of home- and community-based service capacity, the
executive office is authorized to pursue payment methodology reforms that increase access to
homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and
adult day services, as follows:
(1) Development of revised or new Medicaid certification standards that increase access to
service specialization and scheduling accommodations by using payment strategies designed to
achieve specific quality and health outcomes.
(2) Development of Medicaid certification standards for state-authorized providers of adult
day services, excluding providers of services authorized under § 40.1-24-1(3), assisted living, and
adult supportive care (as defined under chapter 17.24 of title 23) that establish for each, an acuity-
based, tiered service and payment methodology tied to: licensure authority; level of beneficiary
needs; the scope of services and supports provided; and specific quality and outcome measures.
The standards for adult day services for persons eligible for Medicaid-funded long-term
services may differ from those who do not meet the clinical/functional criteria set forth in § 40-
8.10-3.
(3) As the state's Medicaid program seeks to assist more beneficiaries requiring long-term
services and supports in home- and community-based settings, the demand for home-care workers
has increased, and wages for these workers has not kept pace with neighboring states, leading to
high turnover and vacancy rates in the state's home-care industry, the executive office shall institute
a one-time increase in the base-payment rates for FY 2019, as described below, for home-care
service providers to promote increased access to and an adequate supply of highly trained home-
healthcare professionals, in amount to be determined by the appropriations process, for the purpose
of raising wages for personal care attendants and home health aides to be implemented by such
providers.
(i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent (10%)
of the current base rate for home-care providers, home nursing care providers, and hospice
providers contracted with the executive office of health and human services and its subordinate
agencies to deliver Medicaid fee-for-service personal care attendant services.
(ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty percent
(20%) of the current base rate for home-care providers, home nursing care providers, and hospice
providers contracted with the executive office of health and human services and its subordinate
agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services and hospice
care.
(iii) Effective upon passage of this section, hospice provider reimbursement, exclusively
for room and board expenses for individuals residing in a skilled nursing facility, shall revert to the
rate methodology in effect on June 30, 2018, and these room and board expenses shall be exempted
from any and all annual rate increases to hospice providers as provided for in this section.
(iv) On the first of July in each year, beginning on July 1, 2019, the executive office of
health and human services will initiate an annual inflation increase to the base rate for home-care
providers, home nursing care providers, and hospice providers contracted with the executive office
and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant services,
skilled nursing and therapeutic services and hospice care. The base rate increase shall be a
percentage amount equal to the New England Consumer Price Index card as determined by the
United States Department of Labor for medical care and for compliance with all federal and state
laws, regulations, and rules, and all national accreditation program requirements, except as of July
1, 2025, and thereafter, when no annual inflation increase shall occur for these rates.
(g) As the state's Medicaid program seeks to assist more beneficiaries requiring long-term
services and supports in home- and community-based settings, the demand for home-care workers
has increased, and wages for these workers has not kept pace with neighboring states, leading to
high turnover and vacancy rates in the state's home-care industry. To promote increased access to
and an adequate supply of direct-care workers, the executive office shall institute a payment
methodology change, in Medicaid fee-for-service and managed care, for FY 2022, that shall be
passed through directly to the direct-care workers' wages who are employed by home nursing care
and home-care providers licensed by the Rhode Island department of health, as described below:
(1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per
fifteen (15) minutes for personal care and combined personal care/homemaker.
(i) Employers must pass on one hundred percent (100%) of the shift differential modifier
increase per fifteen-minute (15) unit of service to the CNAs who rendered such services. This
compensation shall be provided in addition to the rate of compensation that the employee was
receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not
less than the lowest compensation paid to an employee of similar functions and duties as of June
30, 2021, as the base compensation to which the increase is applied.
(ii) Employers must provide to EOHHS an annual compliance statement showing wages
as of June 30, 2021, amounts received from the increases outlined herein, and compliance with this
section by July 1, 2022. EOHHS may adopt any additional necessary regulations and processes to
oversee this subsection.
(2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of $0.39
per fifteen (15) minutes for personal care, combined personal care/homemaker, and homemaker
only for providers who have at least thirty percent (30%) of their direct-care workers (which
includes certified nursing assistants (CNA) and homemakers) certified in behavioral healthcare
training.
(i) Employers must pass on one hundred percent (100%) of the behavioral healthcare
enhancement per fifteen (15) minute unit of service rendered by only those CNAs and homemakers
who have completed the thirty (30) hour behavioral health certificate training program offered by
Rhode Island College, or a training program that is prospectively determined to be compliant per
EOHHS, to those CNAs and homemakers. This compensation shall be provided in addition to the
rate of compensation that the employee was receiving as of December 31, 2021. For an employee
hired after December 31, 2021, the agency shall use not less than the lowest compensation paid to
an employee of similar functions and duties as of December 31, 2021, as the base compensation to
which the increase is applied.
(ii) By January 1, 2023, employers must provide to EOHHS an annual compliance
statement showing wages as of December 31, 2021, amounts received from the increases outlined
herein, and compliance with this section, including which behavioral healthcare training programs
were utilized. EOHHS may adopt any additional necessary regulations and processes to oversee
this subsection.
(h) The executive office shall implement a long-term-care-options counseling program to
provide individuals, or their representatives, or both, with long-term-care consultations that shall
include, at a minimum, information about: long-term-care options, sources, and methods of both
public and private payment for long-term-care services and an assessment of an individual's
functional capabilities and opportunities for maximizing independence. Each individual admitted
to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be
informed by the facility of the availability of the long-term-care-options counseling program and
shall be provided with long-term-care-options consultation if they so request. Each individual who
applies for Medicaid long-term-care services shall be provided with a long-term-care consultation.
(i) The executive office shall implement, no later than January 1, 2024, a statewide network
and rate methodology for conflict-free case management for individuals receiving Medicaid-funded
home and community-based services. The executive office shall coordinate implementation with
the state's health and human services departments and divisions authorized to deliver Medicaid-
funded home and community-based service programs, including the department of behavioral
healthcare, developmental disabilities and hospitals; the department of human services; and the
office of healthy aging. It is in the best interest of the Rhode Islanders eligible to receive Medicaid
home and community-based services under this chapter, title 40.1, title 42, or any other general
laws to provide equitable access to conflict-free case management that shall include person-
centered planning, service arranging, and quality monitoring in the amount, duration, and scope
required by federal law and regulations. It is necessary to ensure that there is a robust network of
qualified conflict-free case management entities with the capacity to serve all participants on a
statewide basis and in a manner that promotes choice, self-reliance, and community integration.
The executive office, as the designated single state Medicaid authority and agency responsible for
coordinating policy and planning for health and human services under § 42-7.2-1 et seq., is directed
to establish a statewide conflict-free case management network under the management of the
executive office and to seek any Medicaid waivers, state plan amendments, and changes in rules,
regulations, and procedures that may be necessary to ensure that recipients of Medicaid home and
community-based services have access to conflict-free case management in a timely manner and in
accordance with the federal requirements that must be met to preserve financial participation.
(j) The executive office is also authorized, subject to availability of appropriation of
funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary
to transition or divert beneficiaries from institutional or restrictive settings and optimize their health
and safety when receiving care in a home or the community. The secretary is authorized to obtain
any state plan or waiver authorities required to maximize the federal funds available to support
expanded access to home- and community-transition and stabilization services; provided, however,
payments shall not exceed an annual or per-person amount.
(k) To ensure persons with long-term-care needs who remain living at home have adequate
resources to deal with housing maintenance and unanticipated housing-related costs, the secretary
is authorized to develop higher implement resource eligibility limits of eight thousand dollars
($8,000) for single persons or and twelve thousand dollars ($12,000) for couples and obtain any
state plan or waiver authorities necessary to change the financial eligibility criteria for long-term
services and supports to enable beneficiaries receiving home and community waiver services to
have the resources to continue living in their own homes or rental units or other home-based
settings.
( l ) The executive office shall implement, no later than January 1, 2016, the following home-
and community-based service and payment reforms:
7 (1) [Deleted by P.L. 2021, ch. 162, art. 12, § 6.]
(2) Adult day services level of need criteria and acuity-based, tiered-payment
methodology; and
(3) Payment reforms that encourage home- and community-based providers to provide the
specialized services and accommodations beneficiaries need to avoid or delay institutional care.
(m) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan
amendments and take any administrative actions necessary to ensure timely adoption of any new
or amended rules, regulations, policies, or procedures and any system enhancements or changes,
for which appropriations have been authorized, that are necessary to facilitate implementation of
the requirements of this section by the dates established. The secretary shall reserve the discretion
to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with
the governor, to meet the legislative directives established herein.
SECTION 6. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled "Office of
Health and Human Services" is hereby amended to read as follows:
The secretary shall be subject to the direction and supervision of the governor for the
oversight, coordination, and cohesive direction of state-administered health and human services
and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this
capacity, the secretary of the executive office of health and human services (EOHHS) shall be
authorized to:
(1) Coordinate the administration and financing of healthcare benefits, human services, and
programs including those authorized by the state's Medicaid section 1115 demonstration waiver
and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act.
However, nothing in this section shall be construed as transferring to the secretary the powers,
duties, or functions conferred upon the departments by Rhode Island public and general laws for
the administration of federal/state programs financed in whole or in part with Medicaid funds or
the administrative responsibility for the preparation and submission of any state plans, state plan
amendments, or authorized federal waiver applications, once approved by the secretary.
(2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid
reform issues as well as the principal point of contact in the state on any such related matters.
(3)(i) Review and ensure the coordination of the state's Medicaid section 1115
demonstration waiver requests and renewals as well as any initiatives and proposals requiring
amendments to the Medicaid state plan or formal amendment changes, as described in the special
terms and conditions of the state's Medicaid section 1115 demonstration waiver with the potential
to affect the scope, amount, or duration of publicly funded healthcare services, provider payments
or reimbursements, or access to or the availability of benefits and services as provided by Rhode
Island general and public laws. The secretary shall consider whether any such changes are legally
and fiscally sound and consistent with the state's policy and budget priorities. The secretary shall
also assess whether a proposed change is capable of obtaining the necessary approvals from federal
officials and achieving the expected positive consumer outcomes. Department directors shall,
within the timelines specified, provide any information and resources the secretary deems necessary
in order to perform the reviews authorized in this section.
(ii) Direct the development and implementation of any Medicaid policies, procedures, or
systems that may be required to assure successful operation of the state's health and human services
integrated eligibility system and coordination with HealthSource RI, the state's health insurance
marketplace.
(iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the
Medicaid eligibility criteria for one or more of the populations covered under the state plan or a
waiver to ensure consistency with federal and state laws and policies, coordinate and align systems,
and identify areas for improving quality assurance, fair and equitable access to services, and
opportunities for additional financial participation.
(iv) Implement service organization and delivery reforms that facilitate service integration,
increase value, and improve quality and health outcomes.
(4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house
and senate finance committees, the caseload estimating conference, and to the joint legislative
committee for health-care oversight, by no later than September 15 of each year, a comprehensive
overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The
overview shall include, but not be limited to, the following information:
(i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;
(ii) Expenditures, outcomes, and utilization rates by population and sub-population served
(e.g., families with children, persons with disabilities, children in foster care, children receiving
adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);
(iii) Expenditures, outcomes, and utilization rates by each state department or other
municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social
Security Act, as amended;
(iv) Expenditures, outcomes, and utilization rates by type of service and/or service
provider;
(v) Expenditures by mandatory population receiving mandatory services and, reported
separately, optional services, as well as optional populations receiving mandatory services and,
reported separately, optional services for each state agency receiving Title XIX and XXI funds; and
(vi) Information submitted to the Centers for Medicare & Medicaid Services for the
mandatory annual state reporting of the Core Set of Children's Health Care Quality Measures for
Medicaid and Children's Health Insurance Program, behavioral health measures on the Core Set of
Adult Health Care Quality Measures for Medicaid and the Core Sets of Health Home Quality
Measures for Medicaid to ensure compliance with the Bipartisan Budget Act of 2018, Pub. L. No.
115-123.
The directors of the departments, as well as local governments and school departments,
shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever
resources, information, and support shall be necessary.
(5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among
departments and their executive staffs and make necessary recommendations to the governor.
(6) Ensure continued progress toward improving the quality, the economy, the
accountability, and the efficiency of state-administered health and human services. In this capacity,
the secretary shall:
(i) Direct implementation of reforms in the human resources practices of the executive
office and the departments that streamline and upgrade services, achieve greater economies of scale
and establish the coordinated system of the staff education, cross-training, and career development
services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human
services workforce;
(ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery
that expand their capacity to respond efficiently and responsibly to the diverse and changing needs
of the people and communities they serve;
(iii) Develop all opportunities to maximize resources by leveraging the state's purchasing
power, centralizing fiscal service functions related to budget, finance, and procurement,
centralizing communication, policy analysis and planning, and information systems and data
management, pursuing alternative funding sources through grants, awards, and partnerships and
securing all available federal financial participation for programs and services provided EOHHS-
wide;
(iv) Improve the coordination and efficiency of health and human services legal functions
by centralizing adjudicative and legal services and overseeing their timely and judicious
administration;
(v) Facilitate the rebalancing of the long-term system by creating an assessment and
coordination organization or unit for the expressed purpose of developing and implementing
procedures EOHHS-wide that ensure that the appropriate publicly funded health services are
provided at the right time and in the most appropriate and least restrictive setting;
(vi) Strengthen health and human services program integrity, quality control and
collections, and recovery activities by consolidating functions within the office in a single unit that
ensures all affected parties pay their fair share of the cost of services and are aware of alternative
financing;
(vii) Assure protective services are available to vulnerable elders and adults with
developmental and other disabilities by reorganizing existing services, establishing new services
where gaps exist, and centralizing administrative responsibility for oversight of all related
initiatives and programs.
(7) Prepare and integrate comprehensive budgets for the health and human services
departments and any other functions and duties assigned to the office. The budgets shall be
submitted to the state budget office by the secretary, for consideration by the governor, on behalf
of the state's health and human services agencies in accordance with the provisions set forth in §
(8) Utilize objective data to evaluate health and human services policy goals, resource use
and outcome evaluation and to perform short and long-term policy planning and development.
(9) Establish an integrated approach to interdepartmental information and data
management that complements and furthers the goals of the unified health infrastructure project
initiative and that will facilitate the transition to a consumer-centered integrated system of state-
administered health and human services.
(10) At the direction of the governor or the general assembly, conduct independent reviews
of state-administered health and human services programs, policies, and related agency actions and
activities and assist the department directors in identifying strategies to address any issues or areas
of concern that may emerge thereof. The department directors shall provide any information and
assistance deemed necessary by the secretary when undertaking such independent reviews.
(11) Provide regular and timely reports to the governor and make recommendations with
respect to the state's health and human services agenda.
(12) Employ such personnel and contract for such consulting services as may be required
to perform the powers and duties lawfully conferred upon the secretary.
(13) Assume responsibility for complying with the provisions of any general or public law
or regulation related to the disclosure, confidentiality, and privacy of any information or records,
in the possession or under the control of the executive office or the departments assigned to the
executive office, that may be developed or acquired or transferred at the direction of the governor
or the secretary for purposes directly connected with the secretary's duties set forth herein.
(14) Hold the director of each health and human services department accountable for their
administrative, fiscal, and program actions in the conduct of the respective powers and duties of
their agencies.
(15) Identify opportunities for inclusion with the EOHHS' October 1, 2023, budget
submission, to remove fixed eligibility thresholds for programs under its purview by establishing
sliding scale decreases in benefits commensurate with income increases up to four hundred fifty
percent (450%) of the federal poverty level. These shall include but not be limited to, medical
assistance, childcare assistance, and food assistance.
(16) Ensure that insurers minimize administrative burdens on providers that may delay
medically necessary care, including requiring that insurers do not impose a prior authorization
requirement for any admission, item, service, treatment, or procedure ordered by an in-network
primary care provider. Provided, the prohibition shall not be construed to prohibit prior
authorization requirements for prescription drugs. Provided further, that as used in this subsection
(16) of this section, the terms "insurer," "primary care provider," and "prior authorization" means
the same as those terms are defined in § 27-18.9-2.
(17) The secretary shall convene, in consultation with the governor, an advisory working
group to assist in the review and analysis of potential impacts of any adopted federal actions related
to Medicaid programs. The working group shall develop options for administrative action or
general assembly consideration that may be needed to address any federal funding changes that
impact Rhode Island's Medicaid programs.
(i) The advisory working group may include, but not be limited to, the secretary of health
and human services, director of management and budget, and designees from the following: state
agencies, businesses, healthcare, public sector unions, and advocates.
(ii) As soon as practicable after the enactment federal budget for fiscal year 2026, but no
later than October 31, 2025, the advisory working group shall forward a report to the governor,
speaker of the house, and president of the senate containing the findings, recommendations and
options for consideration to become compliant with federal changes prior to the governor's budget
submission pursuant to § 35-3-7.
(18) The secretary shall implement, in coordination with the health insurance
commissioner, the Achieving Healthcare Efficiency through Accountable Design (AHEAD) Model
Grant Program and produce a report to the governor and the general assembly outlining the
program's activities. The report, due no later than October 31, 2026, and annually thereafter by
7 October 31 for the duration of the state's participation in the grant, should address, at minimum:
(i) A description of activities and funding uses during the grant year;
(ii) The legislative authority, including budgetary authority, required to implement changes
to the Rhode Island Medical Assistance program;
(ii) Stakeholder interest and participation in the model; and
(iv) Overall long-term value of implementing the alternative payment models required by
the AHEAD model.
SECTION 7. Chapter 42-72 of the General Laws entitled "Department of Children, Youth
and Families" is hereby amended by adding thereto the following section:
(a) As used in this section, "family care community partnership" (FCCP) means a specific,
community-based child abuse and neglect prevention service that an agency or entity provides to
children and families through a Medicaid certification, department license, or contract with the
department.
(b) There are hereby established five (5) FCCP catchment regions to serve residents of a
specific area within the state, as follows:
(1) West Urban Core: The cities of Providence and Cranston;
(2) East Urban Core: The cities of East Providence, Central Falls, and Pawtucket;
(3) East Bay: The towns of Barrington, Bristol, Jamestown, Little Compton, Middletown,
Portsmouth, Tiverton, and Warren, and the city of Newport;
(4) Washington and Kent Counties: The towns of Charlestown, Coventry, East Greenwich,
Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown,
West Greenwich, West Warwick, and Westerly, and the city of Warwick; and
(5) Northern Rhode Island: The towns of Burrillville, Cumberland, Foster, Glocester,
Johnston, Lincoln, North Providence, North Smithfield, Scituate, Smithfield, and the city of
Woonsocket.
(c) Exactly one FCCP Lead Agency shall be permitted to operate in each region set forth
in subsection (b) of this section.
SECTION 8. Rhode Island Medicaid Reform Act of 2008 Resolution.
WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode
Island Medicaid Reform Act of 2008"; and
WHEREAS, A legislative enactment is required pursuant to Rhode Island general laws §
5 42-12.4-1, et seq.; and
WHEREAS, Rhode Island general laws § 42-7.2-5(3)(i) provides that the secretary of the
executive office of health and human services is responsible for the review and coordination of any
Medicaid section 1115 demonstration waiver requests and renewals as well as any initiatives and
proposals requiring amendments to the Medicaid state plan or category II or III changes as
described in the demonstration, "with potential to affect the scope, amount, or duration of publicly-
funded health care services, provider payments or reimbursements, or access to or the availability
of benefits and services provided by Rhode Island general and public laws"; and
WHEREAS, In pursuit of a more cost-effective consumer choice system of care that is
fiscally sound and sustainable, the secretary requests legislative approval of the following proposals
to amend the demonstration; and
WHEREAS, Implementation of adjustments may require amendments to the Rhode
Island's Medicaid state plan and/or section 1115 waiver under the terms and conditions of the
demonstration. Further, adoption of new or amended rules, regulations and procedures may also be
required:
(a) Substance Abuse Residential Services Rates. The secretary of the executive office of
health and human services will pursue and implement any state plan amendments needed to
eliminate annual rate increases for substance abuse residential services.
(b) Assisted Living Tier C Rates. The secretary of the executive office of health and human
services is authorized to pursue and implement any waiver amendments, state plan amendments,
and/or changes to the applicable department's rules, regulations, and procedures required to
increase Tier C Assisted Living reimbursement rates by 13 percent starting January 1, 2027
(c) Children's Services Rate Setting. The secretary of the executive office of health and
human services is authorized to pursue and implement any waiver amendments, state plan
amendments, and/or changes to the applicable department's rules, regulations, and procedures
required to implement reimbursement rates resulting from the Children's Services Rate Setting
project.
(d) Provider Reimbursement Rates. The secretary of the executive office of health and
human services is authorized to pursue and implement any waiver amendments, state plan
amendments, and/or changes to the applicable department's rules, regulations, and procedures
required to implement updates to Medicaid provider reimbursement rates consisting of rate
increases limited to the lower amount of the increases recommended or one hundred percent
(100%) of the Medicare rates identified in the Social and Human Service Programs Review Final
Report produced by the office of the health insurance commissioner pursuant to Rhode Island
general laws § 42-14.5-3(t)(2)(x), effective October 1, 2026.
(e) Change to Rates for Nursing Facility Services. The secretary of the executive office of
health and human services is authorized to pursue and implement any waiver amendments, state
plan amendments, and/or changes to the applicable department's rules, regulations, and procedures
required to update the behavioral health per-diem add-on program for particularly complex patients
starting April 1, 2027, to include, but not limited to, those who:
(1) Require nursing home level of care and have complex needs that are barriers to
placement in a traditional nursing home, and have a history of persistent, disruptive behaviors
requiring moderate-to-frequent intervention;
(2) Admission to a specialized nursing home is consistent with the least restrictive setting
requirement enunciated in the landmark U.S. Supreme Court case, Olmstead v. L.C (1999); and
(3) The individual must meet nursing facility level of care criteria and has been approved
by BHDDH for specialized services through the BHDDH Level II PASRR determination process
prior to admission to a specialized nursing home.
(f) Glucagon-like Peptide-1 (GLP-1) Coverage. The secretary of the executive office of
health and human services is authorized to pursue and implement any waiver amendments, state
plan amendments, and/or changes to the applicable department's rules, regulations, and procedures
required to remove coverage for GLP-1 medications, except if prescribed to treat type 2 diabetes.
(g) Targeted Case Management. The secretary of the executive office of health and human
services is authorized to pursue and implement any waiver amendments, state plan amendments,
and/or changes to the applicable department's rules, regulations, and procedures required to
implement updates to Medicaid's authority to reimburse for the governmental provision of targeted
case management to Medicaid enrolled children and youth (up to 21 years old) by qualified staff at
the Department of Children, Youth and Families.
(h) Graduate Medical Education for Federally Qualified Health Centers. The executive
office of health and human services shall review and assess any Medicaid waiver or state plan
opportunities that support Rhode Island Federally Qualified Health Centers that operate, or
participate in the operation of, accredited primary care-focused physician residency programs. The
Secretary shall provide a report with options, recommendations, and estimated fiscal impact to the
General Assembly and Governor by November 1, 2026, for consideration in the FY 2028 enacted
budget.
(i) The secretary of the executive office of health and human services is authorized to
pursue and implement any waiver amendments, state plan amendments, and/or changes to the
applicable department's rules, regulations, and procedures required to increase resource limits
effective January 1, 2027, for Community Medicaid, long-term services and supports, and
medically needy beneficiaries to eight thousand dollars ($8,000) for an individual and twelve
thousand dollars ($12,000) for a couple.
(i) (j) Federal Financing Opportunities. The executive office of health and human services
proposes that it shall review Medicaid requirements and opportunities under the U.S. Patient
Protection and Affordable Care Act of 2010 (PPACA) and various other recently enacted federal
laws and pursue any changes in the Rhode Island Medicaid program that promote, increase and
enhance service quality, access and cost-effectiveness that may require a Medicaid state plan
amendment or amendment under the terms and conditions of Rhode Island's section 1115 waiver,
its successor, or any extension thereof. Any such actions by the executive office of health and
human services shall not have an adverse impact on beneficiaries or cause there to be an increase
in expenditures beyond the amount appropriated for state fiscal year 2027; now, therefore be it
RESOLVED, That the General Assembly hereby approves the above-referenced proposals;
and be it further
RESOLVED, That the secretary of the executive office of health and human services is
authorized to pursue and implement any waiver amendments, state plan amendments, and/or
changes to the applicable department's rules, regulations and procedures approved herein and as
authorized by chapter 12.4 of title 42; and be it further
SECTION 9. Joint Resolution. AUTHORIZING THE SECRETARY OF THE
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES TO CONTINUE AND
EXPAND AN ACUTE HOSPITAL CARE AT HOME PROGRAM
WHEREAS, The State of Rhode Island has received a multi-hundred-million-dollar,
multiyear award from the Centers for Medicare and Medicaid Services called The Rural Health
Transformation Program (RHTP); and
WHEREAS, RHTP strongly favors and funds states that have hospitals that participate in
the Centers for Medicare and Medicaid Services Acute Hospital Care at Home initiative, the
services of which are often called hospital at home programs; and
WHEREAS, Hospital at home models have shown over decades that advanced care at
home can be a safe, effective way to provide care to patients that is associated with lower costs and
better patient outcomes and satisfaction compared with inpatient hospitalization; and
WHEREAS, The hospital at home model is an important component of the shift away from
institutionalized care and has been successful in allowing patients with particular conditions to
remain in their homes and avoid risks associated with inpatient admission and care; and
WHEREAS, The Centers for Medicare and Medicaid Services has extended the Acute
Hospital Care at Home initiative through September 30, 2030, via the Consolidated Appropriations
Act; and
WHEREAS, The Acute Hospital Care at Home initiative applies to Medicare beneficiaries,
but can be extended to Medicaid beneficiaries if states choose to cover such services; and
WHEREAS, The State of Rhode Island wishes to extend the Acute Hospital Care at Home
initiative benefits to both traditional and managed Medicaid enrollees;
NOW, THEREFORE BE IT RESOLVED,
(1) Notwithstanding any provision of law to the contrary, the Executive Office of Health
and Human Services shall establish and maintain a program to cover hospital at home services for
all eligible medical assistance enrollees and managed Medicaid enrollees. The program shall be
established and maintained in a manner that is consistent with the provisions of the Acute Hospital
Care at Home initiative, as authorized by the federal Centers for Medicare and Medicaid Services.
(2) Any Rhode Island licensed hospital in receipt of a waiver to operate, or otherwise
approved to participate in the Centers for Medicare and Medicaid Services Acute Hospital Care at
Home initiative, shall be permitted to operate or to continue to operate its program in the manner
permitted under federal law.
(3) For as long the Acute Hospital Care at Home initiative, or a successor, remains in effect,
the Rhode Island Medical Assistance program, including managed Medicaid plans, shall provide
coverage and payment for acute hospital care services delivered to a covered person through the
program established pursuant to this resolution, on the same basis as when services are delivered
within the facilities of a hospital. Reimbursement payments under this section shall be provided to
the hospital, facility, or organization providing the services or the individual practitioner who
delivered the reimbursable services, or to the agency, facility, or organization that employs or
contracts with the individual practitioner who delivered the reimbursable services, as appropriate,
at a rate no higher than the payer's then applicable reimbursement rates for the same service in the
same hospital.
(4) The program shall not utilize more stringent utilization management criteria than apply
when those services are provided within the facilities of a hospital.
(5) The Secretary of the Executive Office of Health and Human Services shall apply for
any State plan amendments or waivers as may be necessary to implement the provisions of this
resolution and to secure federal financial participation for State Medicaid expenditures under the
federal Medicaid program.
(6) The Secretary of the Executive Office of Health and Human Services shall adopt rules
and regulations, in accordance with the Administrative Procedure Act, if necessary, to effectuate
the provisions of this resolution; and be it further
RESOLVED, The Secretary of the Executive Office of Health and Human Services shall
provide a report to the Governor and the General Assembly regarding the cost of the program.
SECTION 10. Sections 8 and 9 of this article shall take effect on July 1, 2026. Sections 2,
4 and 5 shall take effect on January 1, 2027. The remainder of the article shall take effect upon
passage
=======
art.009/4/009/3/009/2/009/1
=======
RELATING TO LEASES
SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode
Island General Laws § 37-6-2, authorizing various lease agreements for office space and operating
space.
SECTION 2. Rhode Island Department of State (148 West River Street, Providence).
WHEREAS, The Rhode Island Department of State currently occupies approximately
12,152 square feet at 148 West River Street in the City of Providence; and
WHEREAS, The Rhode Island Department of State currently holds a lease agreement, in
full force and effect, with EGMP 146-148 West River LLC for approximately 12,152 square feet
of office and customer service space located at 148 West River Street, in the City of Providence;
and
WHEREAS, The existing lease expires on July 31, 2026, and the Rhode Island Department
of State wishes to enter into a new lease agreement for a period of ten (10) years; and
WHEREAS, The State of Rhode Island, acting by and through the Department of State
attests to the fact that there are no clauses in the lease agreement with EGMP 146-148 West River
LLC that would interfere with the Department of State’s lease agreement or use of the facility; and
WHEREAS, The leased premises provide a critical location for the offices of the
Department of State from which the agency can fulfill its mission; and
WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June
21 30, 2026 is $256,589.52; and
WHEREAS, The annual base rent of the agreement in year one is not to exceed
$261,268.00 which will be followed by annual increases of 2.5% in years two (2) through ten (10),
with year ten (10) not to exceed $326,287.93; and
WHEREAS, The payment of the annual base rent will be made from funds available to the
Department of State for the payments of rental and lease costs based on annual appropriations made
by the General Assembly; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Department of State and EGMP 146-148 West River LLC for leased space located at
148 West River Street, Providence; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island hereby approves
the lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed
$2,927,085.15; and it be further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Department of State, the Director of
Administration, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 3. Rhode Island Department of Environmental Management, (235 Promenade
Street, Providence).
WHEREAS, The Rhode Island Department of Environmental Management currently
occupies 126,184 square feet at 235 Promenade Street in the City of Providence; and
WHEREAS, The Rhode Island Department of Environmental Management currently holds
a lease agreement in full force and effect, with Foundry Parcel Fifteen Associates, LLC for 126,184
square feet of office and customer service space located at 235 Promenade Street, in the City of
Providence; and
WHEREAS, The existing lease expires on July 7, 2026, and the Rhode Island Department
of Environmental Management wishes to enter into a new lease agreement for a period of ten (10)
years; and
WHEREAS, The Department of Administration and Rhode Island Department of
Environmental Management received and reviewed proposals for office space that would meet the
Department of Environmental Management’s needs; and
WHEREAS, Upon completing an evaluation of the submitted lease proposals, the Rhode
Island Department of Environmental Management wishes to enter into a ten-year lease agreement
with Foundry Parcel Fifteen Associates, LLC for approximately 115,733 square feet of office space
located at 235 Promenade Street in the city of Providence; and
WHEREAS, The State of Rhode Island, acting by and through the Rhode Island
Department of Environmental Management attests to the fact that there are no clauses in the lease
agreement with Foundry Parcel Fifteen Associates, LLC that would interfere with the Rhode Island
Department of Environmental Management’s lease agreement or use of the facility; and
WHEREAS, The leased premises provide a critical location for the offices of the Rhode
Island Department of Environmental Management from which the agency can fulfill its mission;
and
1 WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June
2 30, 2026 is $2,586,772; and
WHEREAS, The annual fixed rent of the agreement in each of the first five (5) years of
the renewal term will not exceed $2,761,716 and shall not exceed $2,952,675 in each of the
remaining years of the renewal term (or in each of years six (6) through ten (10) of the renewal
term); and
WHEREAS, The payment of the annual fixed rent will be made from funds available to
the Rhode Island Department of Environmental Management for the payments of rental and lease
costs based on annual appropriations made by the General Assembly; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Rhode Island Department of Environmental Management and Foundry Parcel Fifteen
Associates, LLC for lease space located at 235 Promenade Street, Providence; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island hereby approves
the lease agreement, for a term not to exceed ten (10) years and an aggregate fixed rent not to
exceed $28,571,955; and it be further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Rhode Island Department of
Environmental Management, the Director of Administration, the State Budget Officer, and the
Chair of the State Properties Committee.
SECTION 4. State of Rhode Island Office of the Public Defender (160 Pine Street,
Providence).
WHEREAS, The Office of the Public Defender currently occupies approximately 19,777
square feet at 160 Pine Street in the City of Providence; and
WHEREAS, The Office of the Public Defender currently holds a lease agreement, in full
force and effect, with PK Lamb Properties, Inc. for approximately 19,777 square feet of office
space located at 160 Pine Street, in the City of Providence; and
WHEREAS, The existing lease expires on July 31, 2026, and the Office of the Public
Defender wishes to renew this lease for an additional five-year term; and
WHEREAS, The State of Rhode Island, acting by and through the Office of the Public
Defender attests to the fact that there are no clauses in the lease agreement with PK Lamb
Properties, Inc. that would interfere with the Office of the Public Defender’s lease agreement or
use of the facility; and
WHEREAS, The leased premises provide a critical location for the Office of the Public
Defender from which the agency can fulfill its mission; and
WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June
5 30, 2026 is $393,166.76; and
WHEREAS, The annual fixed rent of the agreement in the five (5) years of the renewal
term will not exceed $483,619; and
WHEREAS, The payment of the annual fixed rent will be made from funds available to
the Office of the Public Defender for the payments of rental and lease costs based on annual
appropriations made by the General Assembly; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Office of the Public Defender and PK Lamb Properties, Inc. for leased space located
at 160 Pine Street, Providence; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island hereby approves
the lease agreement, for a term not to exceed five (5) years and an aggregate fixed rent not to exceed
$2,418,095; and it be further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Public Defender, the Director of
Administration, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 5. Rhode Island Department of Human Services (77 Dorrance Street,
Providence).
WHEREAS, The Rhode Island Department of Human Services currently occupies 25,812
square feet at 77 Dorrance Street in the City of Providence; and
WHEREAS, The Rhode Island Department of Human Services currently holds a lease
agreement in full force and effect, with 77 Dorrance, LLC for 25,812 square feet of office and
customer service space located at 77 Dorrance Street, in the City of Providence; and
WHEREAS, The existing lease expires on August 31, 2026, and the Rhode Island
Department of Human Services wishes to enter into a new lease agreement for a period of five
years (5) years; and
WHEREAS, The State of Rhode Island, acting by and through the Department of Human
Services attests to the fact that there are no clauses in the lease agreement with 77 Dorrance, LLC
that would interfere with the Department of Human Service’s lease agreement or use of the facility;
and
WHEREAS, The leased premises provide a critical location for the offices of the
Department of Human Services from which the agency can fulfill its mission; and
WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June
6 30, 2026 is $412,992; and
WHEREAS, The annual fixed rent of the agreement in the five (5) years of the renewal
term will not exceed $500,753; and
WHEREAS, The payment of the annual fixed rent will be made from funds available to
the Department of Human Services for the payments of rental and lease costs based on annual
appropriations made by the General Assembly; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Department of Human Services and 77 Dorrance, LLC for lease space located at 77
Dorrance Street, Providence; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island hereby approves
the lease agreement, for a term not to exceed five (5) years and an aggregate fixed rent not to exceed
$2,503,765; and it be further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Human
Services, the Director of Administration, the State Budget Officer, and the Chair of the State
Properties Committee.
SECTION 6. Office of the Postsecondary Commissioner (83 Tower Street, Westerly).
WHEREAS, The Office of the Postsecondary Commissioner, by and through its governing
council, the Rhode Island Council on Postsecondary Education, desires to lease approximately
2,385 rentable square feet of space at the building located at 83 Tower Street, Westerly, Rhode
Island, owned by Tower Street Center, Inc.; and
WHEREAS, To meet the continued demand from employers for a highly trained and
skilled workforce that requires an education credential beyond a high school diploma, the Office
of the Postsecondary Commissioner requires additional educational space. Currently, the Westerly
Education Center is at capacity, offering nine trades to support employees for Electric Boat,
programming from higher education institutions, and space for industry partners to provide
incumbent worker training programs; and
WHEREAS, The proposed lease is for additional educational space, and there is no existing
lease for the specific premises located at 83 Tower Street, Westerly, Rhode Island; and
WHEREAS, Tower Street Center, Inc. entered into a Ground Lease Agreement with the
Town of Westerly, Rhode Island on January 1, 2024, to develop a community center, authorizing
the Landlord to sublease all or any portion of the improvements on the Property, develop the terms
of such permitted sublease(s), and enforce the terms of such permitted sublease(s), according to the
terms set forth in the Ground Lease Agreement; and
WHEREAS, The vision for the Tower Street Community Center is to create a
transformative community hub that breaks down barriers to essential services, fosters meaningful
connections, and empowers individuals to thrive. The Tower Street Community Center is
envisioned as a place where health, education, and recreation intersect to build a stronger, more
resilient community; and
WHEREAS, The leased premises provide a critical location for the Office of the
Postsecondary Commissioner to expand its operations from which the agency can fulfill its mission;
and
WHEREAS, The initial lease term in the lease agreement is for a period of ten (10) years,
and the lease agreement includes three (3) optional extensions of ten (10) years each; and
WHEREAS, The Office of the Postsecondary Commissioner received $1,500,000 in
federal grant funding through the Consolidated Appropriations Act, 2023 (Public Law 117-328),
under the Economic Development Initiative Community Project Funding/Congressionally Directed
Spending program, administered by the United States Department of Housing and Urban
Development, for prepaid rent toward securing a lease agreement for the Education Center
Expansion project at the Tower Street Community Center; and
WHEREAS, The base rent of the lease agreement will consist of a lump-sum prepayment
of $1,500,000 and additional annual base rent not to exceed $50,000 per year in each of years one
(1) through ten (10), for aggregate base rent not to exceed $2,000,000 during the initial ten-year
term. The base rent reflects a percentage of the reasonably anticipated cost of construction for this
phase of the project, secures the long-term lease and extension options, and provides the option to
expand the leased premises into a subsequent phase of the project at no additional base rent during
the initial term or any exercised extension term, as applicable, if the Landlord develops subsequent
phases of the project; and
WHEREAS, The payment of additional annual base rent will be made from funds available
to the Office of the Postsecondary Commissioner for the payment of rental and lease costs based
on annual appropriations made by the General Assembly of the State of Rhode Island from the
higher education and industry centers restricted receipt account pursuant to 16-59-9.; and
WHEREAS, The lease agreement is subject to approval by the Rhode Island Council on
Postsecondary Education and the State Properties Committee, and approval of the Rhode Island
House of Representatives and the Rhode Island Senate is requested for the lease agreement between
the Office of the Postsecondary Commissioner, by and through its governing council, the Rhode
Island Council on Postsecondary Education, and Tower Street Center, Inc. for leased space located
at 83 Tower Street, Westerly, Rhode Island; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island hereby approves
the lease agreement for an initial term not to exceed ten (10) years, with three (3) optional
extensions of ten (10) years each, and authorizes the lease agreement to include an option to expand
the leased premises into a subsequent phase of the project at no additional base rent during the
initial term or any exercised extension term, as applicable, if the Landlord develops subsequent
phases of the project, provided that aggregate base rent during the initial term shall not exceed
$2,000,000; provided, however, that General Assembly approval granted hereby is subject to and
conditioned upon approval by the Rhode Island Council on Postsecondary Education and the State
Properties Committee; and it be further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Rhode Island Commissioner of
Postsecondary Education, the Director of Administration, the State Budget Officer, and the Chair
of the State Properties Committee.
SECTION 7. This article shall take effect upon passage.
=======
art.010/8/010/7/010/6/010/5/010/4/010/3/010/2/010/1
=======
RELATING TO HEALTH AND HUMAN SERVICES
SECTION 1. Section 23-13-22 of the General Laws in Chapter 23-13 entitled "Maternal
and Child Health Services for Children with Special Health Care Needs" is hereby amended to read
as follows:
(a) The director secretary of the department of human services executive office of health
and human services (EOHHS) shall ensure that all developmentally disabled infants from birth to
three (3) years of age shall be enrolled in the early intervention program. Beginning July 1, 2026,
EOHHS and the department of elementary and secondary education shall create a plan to allow
children to remain in early intervention until September 1 after their third birthday, as allowed by
federal law 20 U.S.C. § 1435(c). Further, such plan shall include, but not be limited to, seeking any
federal approvals necessary or desirable to implement the aforesaid policy. By January 1, 2028,
EOHHS shall allow children who turn three (3) years old between May 1 and August 31 to remain
in early intervention until September 1 after the child’s third birthday. Regulations governing the
delivery of services under this program, including eligibility criteria, shall be promulgated by the
department of human services EOHHS , with the advice of the interagency coordinating council;
provided, however, that all regulations promulgated by the department of health shall remain in full
force and effect until the time they are replaced by regulations promulgated by the department of
human services EOHHS . The regulations shall stipulate, at a minimum, the following provisions
that are consistent with the intent of this chapter:
(1) The director secretary shall develop and maintain a procedure for the earliest possible
identification and efficient referral of all developmentally disabled infants;
(2) The director secretary shall ensure that every infant identified and referred to this
program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting
list for facility based group programming, an early intervention program shall be made available
within a thirty (30) day period from the time a need is identified in the individual program plan;
(3) Unless parents refuse the service, the home visiting component of the program shall
commence as soon as the infant has been identified as having a possible developmental disability;
(4) Any parent(s) who is/are dissatisfied with decisions or termination of service or with
practices and procedures of a particular agency or the department of human services EOHHS shall
notify the director secretary of the department of human services EOHHS in writing within thirty
(30) calendar days and the complaint shall be reviewed in accordance with department of health
EOHHS policy and procedures, as amended, and the Administrative Procedures Act, chapter 35 of
title 42.
(5) An early intervention program for purposes of this section shall mean a comprehensive
array of educational, developmental, health, and social services provided on a calendar year basis
to eligible infants, children, and their families as specified in program regulations.
(b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome
measures that document the program’s successes and shortcomings from the previous fiscal year
shall be submitted to the speaker of the house of representatives, the president of the senate and the
house oversight committee and the governor and the interagency coordinating council.
Development of the plan shall be made in consultation with the entities with expertise in this area
and the interagency coordinating council. The plan shall include a memorandum of understanding
between the department of health, department of human services and the department of elementary
and secondary education that demonstrates coordination and continuity of early intervention
services among these departments.
(c) Within six (6) months after January 1, 2005 where prescribed outcomes documented in
the evaluation plan have not been accomplished the responsible agencies shall submit written
explanations for the shortfalls, together with their proposed remedies. The report shall also include
evaluation of the progress of the coordination efforts between the department of health and the
department of human services and the department of elementary and secondary education and the
interagency coordinating council and shall include any recommendations regarding modifications
of the reimbursement mechanisms of this chapter.
(d) Within twelve (12) months after August 1, 2005 a final report shall include the progress
of the coordination efforts between the department of health and the department of human services
and department of elementary and secondary education, interagency coordinating council and shall
include any recommendations regarding modifications to the comprehensive array of educational,
developmental, health and social services provided on a calendar year basis to eligible infants,
children and their families as specified in an early intervention system.
(e) All reports or documents required to be produced pursuant to 20 U.S.C. § 1471 et seq.,
shall be submitted to the speaker of the house, president of the senate and the chairpersons of the
appropriate house of representatives and senate oversight committees and the governor and the
interagency coordinating council. Adherence to such plans and reporting requirements, and budgets
and the timely achievement of goals contained therein shall be considered by the oversight
committees of the house of representatives and senate, among other relevant factors, in determining
appropriations or other systemic changes.
(f) In developing and implementing the plan to extend early intervention services beyond
age three (3) as provided in subsection (a) of this section, the secretary shall:
(1) Appoint and convene an implementation advisory committee to advise on the
implementation of the plan. The committee shall include:
(i) The individual designated by the state to serve as the coordinator for Part C in EOHHS;
(ii) The individual designated by the state to serve as the coordinator for Section 619 of the
Individuals with Disabilities Education Act (IDEA) in the department of elementary and secondary
education;
(iii) Not fewer than three (3) representatives of early intervention provider agencies;
(iv) Not fewer than two (2) representatives of local education agencies (“LEA”);
(v) Not fewer than two (2) advocates or experts with demonstrated expertise in early
intervention or early childhood special education; and
(vi) Not fewer than two (2) parents of children who have received early intervention
services and have transitioned to early childhood special education within the preceding three (3)
years.
(2) The implementation advisory committee shall:
(i) Meet for a period of at least one year following the official effective date of the extension
policy;
(ii) Identify strategies to reduce administrative burdens on families, early intervention
providers, LEA, and the state including, but not limited to, the use of federal funds earmarked for
early intervention extension to the extent allowable;
(iii) Earmark appropriate federal early intervention funding and develop shared resources
to support training and development for early intervention providers and LEA regarding the
extension option; and
(iv) Develop strategies to maximize providers’ ability to support the new over-three (3)
population during spring and summer months, including through the appropriate use of group-based
therapies while maintaining services necessary to meet individualized developmental needs.
(3) All meetings of the implementation advisory committee shall be open to the public and
conducted in accordance with chapter 46 of title 42.
(4) Not later than September 30, 2031, the secretary shall prepare and submit to the speaker
of the house of representatives and the president of the senate a report evaluating the
implementation of the extension plan provided for in subsection (a) of this section. The report shall
include, but not be limited to: data regarding the number of families who elected to extend early
intervention services and the number of families who declined to extend early intervention services;
and an assessment of the impact of the extension provided for in subsection (a) of this section on
children, families, early intervention providers, LEA, and the state.
SECTION 2. Section 27-18-64 of the General Laws in Chapter 27-18 entitled "Accident
and Sickness Insurance Policies" is hereby amended to read as follows:
(a) Every individual or group hospital or medical expense insurance policy or contract
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
2004, shall include coverage of early intervention services which coverage shall take effect no later
than January 1, 2005. Such coverage shall not be subject to deductibles and coinsurance factors.
Any amount paid by an insurer under this section for a dependent child shall not be applied to any
annual or lifetime maximum benefit contained in the policy or contract. For the purpose of this
section, “early intervention services” means, but is not limited to, speech and language therapy,
occupational therapy, physical therapy, evaluation, case management, nutrition, service plan
development and review, nursing services, and assistive technology services and devices for :
(1) dependents Dependents from birth to age three (3) who are certified by the executive
office of health and human services ("EOHHS") as eligible for services under part Part C of the
Individuals with Disabilities Education Act (20 U.S.C. § 1471 et seq.) ; or
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
with Disabilities Education Act (20 U.S.C. § 1431 et seq.) .
(b) Insurers shall reimburse certified, early intervention providers, who are designated as
such by the executive office of health and human services (EOHHS) , for early intervention services
as defined in this section at rates of reimbursement equal to, or greater than, the prevailing
integrated state Medicaid rate for early intervention services as established by the executive office
of health and human services (EOHHS) .
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
injury or death by accident or both; and (9) Other limited benefit policies.
SECTION 3. Section 27-19-55 of the General Laws in Chapter 27-19 entitled "Nonprofit
Hospital Service Corporations" is hereby amended to read as follows:
(a) Every individual or group hospital or medical expense insurance policy or contract
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
2004, shall include coverage of early intervention services which coverage shall take effect no later
than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)
per dependent child per policy or calendar year and shall not be subject to deductibles and
coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall
not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For
the purpose of this section, “early intervention services” means, but is not limited to: speech and
language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition,
service plan development and review, nursing services, and assistive technology services and
devices for :
(1) dependents Dependents from birth to age three (3) who are certified by the department
of executive office of health and human services (“EOHHS”) as eligible for services under part
Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.) ; or
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
with Disabilities Education Act (20 U.S.C. § 1431 et seq.) .
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified
early intervention providers, who are designated as such by the department of human services
EOHHS , for early intervention services as defined in this section at rates of reimbursement equal
to or greater than the prevailing integrated state/Medicaid rate for early intervention services as
established by the department of human services EOHHS .
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
injury or death by accident, or both; and (9) Other limited benefit policies.
SECTION 4. Section 27-20-50 of the General Laws in Chapter 27-20 entitled "Nonprofit
Medical Service Corporations" is hereby amended to read as follows:
(a) Every individual or group hospital or medical expense insurance policy or contract
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
2004, shall include coverage of early intervention services which coverage shall take effect no later
than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)
per dependent child per policy or calendar year and shall not be subject to deductibles and
coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall
not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For
the purpose of this section, “early intervention services” means, but is not limited to: speech and
language therapy; occupational therapy; physical therapy; evaluation; case management; nutrition;
service plan development and review; nursing services; and assistive technology services and
devices for :
(1) dependents Dependents from birth to age three (3) who are certified by the department
of executive office of health and human services (“EOHHS”) as eligible for services under part
Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.) ; or
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
with Disabilities Education Act (20 U.S.C. § 1431 et seq.) .
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified
early intervention providers, who are designated as such by the department of human services
EOHHS, for early intervention services as defined in this section at rates of reimbursement equal
to or greater than the prevailing integrated state/Medicaid rate for early intervention services as
established by the department of human services EOHHS .
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
injury or death by accident or both; and (9) Other limited benefit policies.
SECTION 5. Section 27-41-68 of the General Laws in Chapter 27-41 entitled "Health
Maintenance Organizations" is hereby amended to read as follows:
(a) Every individual or group hospital or medical expense insurance policy or contract
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
2004, shall include coverage of early intervention services which coverage shall take effect no later
than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)
per dependent child per policy or calendar year and shall not be subject to deductibles and
coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall
not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For
the purpose of this section, “early intervention services” means, but is not limited to: speech and
language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition,
service plan development and review, nursing services, and assistive technology services and
devices for :
(1) dependents Dependents from birth to age three (3) who are certified by the department
of executive office of health and human services (“EOHHS”) as eligible for services under part
Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.) ; or
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
with Disabilities Education Act (20 U.S.C. § 1431 et seq.) .
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified
early intervention providers, who are designated as such by the department of human services
EOHHS , for early intervention services as defined in this section at rates of reimbursement equal
to or greater than the prevailing integrated state/Medicaid rate for early intervention services as
established by the department of human services EOHHS .
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
injury or death by accident or both; and (9) Other limited benefit policies.
SECTION 6. Sections 40-5.2-10, 40-5.2-20 and 40-5.2-35 of the General Laws in Chapter
40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as follows:
The following requirements and conditions shall be necessary to establish eligibility for
the program.
(a) Citizenship, alienage, and residency requirements.
(1) A person shall be a resident of the state of Rhode Island.
(2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the
alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be
amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the
alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in
accordance with this chapter.
(b) The family/assistance unit must meet any other requirements established by the
department of human services by rules and regulations adopted pursuant to the Administrative
Procedures Act, as necessary to promote the purpose and goals of this chapter.
(c) Receipt of cash assistance is conditional upon compliance with all program
requirements.
(d) All individuals domiciled in this state shall be exempt from the application of
subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any
individual ineligible for certain state and federal assistance if that individual has been convicted
under federal or state law of any offense that is classified as a felony by the law of the jurisdiction
and that has as an element the possession, use, or distribution of a controlled substance as defined
in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).
(e) Individual employment plan as a condition of eligibility.
(1) Following receipt of an application, the department of human services shall assess the
financial conditions of the family, including the non-parent caretaker relative who is applying for
cash assistance for themself 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 themself of
employment opportunities and/or work readiness programs.
(2) On the basis of this assessment, the department of human services and the department
of labor and training, as appropriate, in consultation with the applicant, shall develop an individual
employment plan for the family that requires the individual to participate in the intensive
employment services. Intensive employment services shall be defined as the work requirement
activities in § 40-5.2-12(g) and (i).
(3) The director, or the director’s designee, may assign a case manager to an
applicant/participant, as appropriate.
(4) The department of labor and training and the department of human services in
conjunction with the participant shall develop a revised individual employment plan that shall
identify employment objectives, taking into consideration factors above, and shall include a
strategy for immediate employment and for preparing for, finding, and retaining employment
consistent, to the extent practicable, with the individual’s career objectives.
(5) The individual employment plan must include the provision for the participant to
engage in work requirements as outlined in § 40-5.2-12.
(6)(i) The participant shall attend and participate immediately in intensive assessment and
employment services as the first step in the individual employment plan, unless temporarily exempt
from this requirement in accordance with this chapter. Intensive assessment and employment
services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).
(ii) Parents under age twenty (20) without a high school diploma or general equivalency
diploma (GED) shall be referred to special teen-parent programs that will provide intensive services
designed to assist teen parents to complete high school education or GED, and to continue approved
work plan activities in accord with Rhode Island works program requirements.
(7) The applicant shall become a participant in accordance with this chapter at the time the
individual employment plan is signed and entered into.
(8) Applicants and participants of the Rhode Island works program shall agree to comply
with the terms of the individual employment plan, and shall cooperate fully with the steps
established in the individual employment plan, including the work requirements.
(9) The department of human services has the authority under the chapter to require
attendance by the applicant/participant, either at the department of human services or at the
department of labor and training, at appointments deemed necessary for the purpose of having the
applicant enter into and become eligible for assistance through the Rhode Island works program.
The appointments include, but are not limited to: the initial interview, orientation and assessment;
job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance
in accordance with rules and regulations established by the department.
(10) As a condition of eligibility for assistance pursuant to this chapter, the
applicant/participant shall be obligated to keep appointments; attend orientation meetings at the
department of human services and/or the Rhode Island department of labor and training; participate
in any initial assessments or appraisals; and comply with all the terms of the individual employment
plan in accordance with department of human services rules and regulations.
(11) A participant, including a parent or non-parent caretaker relative included in the cash
assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as
defined in this chapter or the department’s rules and regulations.
(12) A participant who voluntarily quits or refuses a job without good cause, as defined in
§ 40-5.2-12( l ), while receiving cash assistance in accordance with this chapter, shall be sanctioned
in accordance with rules and regulations promulgated by the department.
(f) Resources.
(1) The family or assistance unit’s countable resources shall be less than the allowable
resource limit established by the department in accordance with this chapter.
(2) No family or assistance unit shall be eligible for assistance payments if the combined
value of its available resources (reduced by any obligations or debts with respect to such resources)
exceeds five thousand dollars ($5,000).
(3) For purposes of this subsection, the following shall not be counted as resources of the
family/assistance unit in the determination of eligibility for the works program:
(i) The home owned and occupied by a child, parent, relative, or other individual;
(ii) Real property owned by a husband and wife as tenants by the entirety, if the property
is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in
the property;
(iii) Real property that the family is making a good faith effort to dispose of, however, any
cash assistance payable to the family for any such period shall be conditioned upon such disposal
of the real property within six (6) months of the date of application and any payments of assistance
for that period shall (at the time of disposal) be considered overpayments to the extent that they
would not have occurred at the beginning of the period for which the payments were made. All
overpayments are debts subject to recovery in accordance with the provisions of the chapter;
(iv) Income-producing property other than real estate including, but not limited to,
equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or
services that the department determines are necessary for the family to earn a living;
(v) One vehicle for each adult household member, but not to exceed two (2) vehicles per
household, and in addition, a vehicle used primarily for income-producing purposes such as, but
not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that
annually produces income consistent with its fair market value, even if only used on a seasonal
basis; a vehicle necessary to transport a family member with a disability where the vehicle is
specially equipped to meet the specific needs of the person with a disability or if the vehicle is a
special type of vehicle that makes it possible to transport the person with a disability;
(vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of
limited value;
(vii) Burial plots (one for each child, relative, and other individual in the assistance unit)
and funeral arrangements;
(viii) For the month of receipt and the following month, any refund of federal income taxes
made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating
to earned income tax credit), and any payment made to the family by an employer under § 3507 of
the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of
such earned income credit);
(ix) The resources of any family member receiving supplementary security income
assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;
(x) Any veteran’s disability pension benefits received as a result of any disability sustained
by the veteran while in the military service.
(g) Income.
(1) Except as otherwise provided for herein, in determining eligibility for and the amount
of cash assistance to which a family is entitled under this chapter, the income of a family includes
all of the money, goods, and services received or actually available to any member of the family.
(2) In determining the eligibility for and the amount of cash assistance to which a
family/assistance unit is entitled under this chapter, income in any month shall not include the first
five hundred and twenty-five dollars ($525) of gross earnings plus fifty percent (50%) of the gross
earnings of the family in excess of five hundred and twenty-five dollars ($525) earned during the
month.
(3) The income of a family shall not include:
(i) The first fifty dollars ($50.00) one hundred dollars ($100) in child support received for
one child, or two hundred dollars ($200) for households with two (2) or more children, in any month
from each noncustodial parent of a child plus any arrearages in child support (to the extent of the
first fifty dollars ($50.00) child support pass-through dollars per month multiplied by the number
of months in which the support has been in arrears) that are paid in any month by a noncustodial
parent of a child;
(ii) Earned income of any child;
(iii) Income received by a family member who is receiving Supplemental Security Income
(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;
(iv) The value of assistance provided by state or federal government or private agencies to
meet nutritional needs, including: value of USDA-donated foods; value of supplemental food
assistance received under the Child Nutrition Act of 1966, as amended, and the special food service
program for children under Title VII, nutrition program for the elderly, of the Older Americans Act
of 1965 as amended, and the value of food stamps;
(v) Value of certain assistance provided to undergraduate students, including any grant or
loan for an undergraduate student for educational purposes made or insured under any loan program
administered by the United States Commissioner of Education (or the Rhode Island council on
postsecondary education or the Rhode Island division of higher education assistance);
(vi) Foster care payments;
(vii) Home energy assistance funded by state or federal government or by a nonprofit
organization;
(viii) Payments for supportive services or reimbursement of out-of-pocket expenses made
to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE
and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act
of 1973, 42 U.S.C. § 5000 et seq.;
(ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules
and regulations;
(x) Certain payments to native Americans; payments distributed per capita to, or held in
trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,
25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes
which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,
1975;
(xi) Refund from the federal and state earned income tax credit and any federal or state
child tax credits or rebates;
(xii) The value of any state, local, or federal government rent or housing subsidy, provided
that this exclusion shall not limit the reduction in benefits provided for in the payment standard
section of this chapter;
(xiii) The earned income of any adult family member who gains employment while an
active RI Works household member. This income is excluded for the first six (6) months of
employment in which the income is earned, or until the household’s total gross income exceeds
one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches
its sixty-month (60) time limit first;
(xiv) Any veteran’s disability pension benefits received as a result of any disability
sustained by the veteran while in the military service.
(4) The receipt of a lump sum of income shall affect participants for cash assistance in
accordance with rules and regulations promulgated by the department.
(h) Time limit on the receipt of cash assistance.
(1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this
chapter, to a family or assistance unit that includes an adult member who has received cash
assistance for a total of sixty (60) months (whether or not consecutive), to include any time
receiving any type of cash assistance in any other state or territory of the United States of America
as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)
with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to
a family or assistance unit that includes an adult member who has received cash assistance for a
total of a lifetime limit of sixty (60) months.
(2) Cash benefits received by a minor dependent child shall not be counted toward their
lifetime time limit for receiving benefits under this chapter should that minor child apply for cash
benefits as an adult.
(3) Certain minor children not subject to time limit. This section regarding the lifetime time
limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)
living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult
non-parent caretaker relative who is not in the cash assistance payment.
(4) Receipt of family cash assistance in any other state or territory of the United States of
America shall be determined by the department of human services and shall include family cash
assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds
[Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance
provided under a program similar to the Rhode Island families work and opportunity program or
the federal TANF program.
(5)(i) The department of human services shall mail a notice to each assistance unit when
the assistance unit has six (6) months of cash assistance remaining and each month thereafter until
the time limit has expired. The notice must be developed by the department of human services and
must contain information about the lifetime time limit, the number of months the participant has
remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus;
and any other information pertinent to a family or an assistance unit nearing the sixty-month (60)
lifetime time limit.
(ii) For applicants who have less than six (6) months remaining in the sixty-month (60)
lifetime time limit because the family or assistance unit previously received cash assistance in
Rhode Island or in another state, the department shall notify the applicant of the number of months
remaining when the application is approved and begin the process required in subsection (h)(5)(i).
(6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary
Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal
Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family
independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction
because of failure to comply with the cash assistance program requirements; and that recipient
family received sixty (60) months of cash benefits in accordance with the family independence
program, then that recipient family is not able to receive further cash assistance for his/her family,
under this chapter, except under hardship exceptions.
(7) The months of state or federally funded cash assistance received by a recipient family
since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program
(federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),
formerly entitled the Rhode Island family independence program, shall be countable toward the
time-limited cash assistance described in this chapter.
(i) Time limit on the receipt of cash assistance.
(1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance
unit in which an adult member has received cash assistance for a total of sixty (60) months (whether
or not consecutive) to include any time receiving any type of cash assistance in any other state or
territory of the United States as defined herein effective August 1, 2008. Provided further, that no
cash assistance shall be provided to a family in which an adult member has received assistance for
twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan
as provided in § 40-5.2-12(g)(5).
(2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter
to a family in which a child has received cash assistance for a total of sixty (60) months (whether
or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection
(a)(2) to include any time they received any type of cash assistance in any other state or territory
of the United States as defined herein.
(j) Hardship exceptions.
(1) The department may extend an assistance unit’s or family’s cash assistance beyond the
time limit, by reason of hardship; provided, however, that the number of families to be exempted
by the department with respect to their time limit under this subsection shall not exceed twenty
percent (20%) of the average monthly number of families to which assistance is provided for under
this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by
federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in
determining the twenty percent (20%) maximum under this section.
(2) Parents who receive extensions to the time limit due to hardship must have and comply
with employment plans designed to remove or ameliorate the conditions that warranted the
extension.
(k) Parents under eighteen (18) years of age.
(1) A family consisting of a parent who is under the age of eighteen (18), and who has
never been married, and who has a child; or a family consisting of a person under the age of eighteen
(18) from onset of pregnancy shall be eligible for cash assistance only if the family resides in the
home of an adult parent, legal guardian, or other adult relative. The assistance shall be provided to
the adult parent, legal guardian, or other adult relative on behalf of the individual and child unless
otherwise authorized by the department.
(2) This subsection shall not apply if the minor parent or pregnant minor has no parent,
legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the
department determines that the physical or emotional health or safety of the minor parent, or his or
her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same
residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal
guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,
to live in his or her home shall constitute a presumption that the health or safety would be so
jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or
legal guardian for a period of at least one year before either the birth of any child to a minor parent
or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental
regulations, for waiving the subsection; and the individual resides in a supervised supportive-living
arrangement to the extent available.
(3) For purposes of this section, “supervised supportive-living arrangement” means an
arrangement that requires minor parents to enroll and make satisfactory progress in a program
leading to a high school diploma or a general education development certificate, and requires minor
parents to participate in the adolescent parenting program designated by the department, to the
extent the program is available; and provides rules and regulations that ensure regular adult
supervision.
( l ) Assignment and cooperation. As a condition of eligibility for cash and medical
assistance under this chapter, each adult member, parent, or caretaker relative of the
family/assistance unit must:
(1) Assign to the state any rights to support for children within the family from any person
that the family member has at the time the assignment is executed or may have while receiving
assistance under this chapter;
(2) Consent to and cooperate with the state in establishing the paternity and in establishing
and/or enforcing child support and medical support orders for all children in the family or assistance
unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
(3) Absent good cause, as defined by the department of human services through the
rulemaking process, for refusing to comply with the requirements of subsections ( l )(1) and ( l )(2),
cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member
of the family who has refused to comply with the requirements of this subsection consents to and
cooperates with the state in accordance with the requirements of this subsection.
(4) As a condition of eligibility for cash and medical assistance under this chapter, each
adult member, parent, or caretaker relative of the family/assistance unit must consent to and
cooperate with the state in identifying and providing information to assist the state in pursuing any
third party who may be liable to pay for care and services under Title XIX of the Social Security
Act, 42 U.S.C. § 1396 et seq.
(a) The department shall provide appropriate child care to every participant who is eligible
for cash assistance and who requires child care in order to meet the work requirements in
accordance with this chapter.
(b) Low-income child care. The department shall provide child care to all other working
families with incomes at or below two hundred sixty-one percent (261%) two hundred eighty-five
percent (285%) of the federal poverty level if, and to the extent, these other families require child
care in order to work at paid employment as defined in the department’s rules and regulations. The
department shall also provide child care to families with incomes below two hundred sixty-one
percent (261%) two hundred eighty-five percent (285%) of the federal poverty level if, and to the
extent, these families require child care to participate on a short-term basis, as defined in the
department’s rules and regulations, in training, apprenticeship, internship, on-the-job training, work
experience, work immersion, or other job-readiness/job-attachment program sponsored or funded
by the human resource investment council (governor’s workforce board) or state agencies that are
part of the coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021,
through June 30, 2022, the department shall also provide childcare assistance to families with
incomes below one hundred eighty percent (180%) of the federal poverty level when such
assistance is necessary for a member of these families to enroll or maintain enrollment in a Rhode
Island public institution of higher education provided that eligibility to receive funding is capped
when expenditures reach $200,000 for this provision. Effective July 1, 2022 through December 31,
2024, the department shall also provide childcare assistance to families with incomes below two
hundred percent (200%) of the federal poverty level when such assistance is necessary for a
member of these families to enroll or maintain enrollment in a Rhode Island public institution of
higher education. Effective from January 1, 2025 through December 31, 2026 , the department shall
also provide childcare assistance to families with incomes below two hundred sixty-one percent
(261%) of the federal poverty level when such assistance is necessary for a member of these
families to enroll or maintain enrollment in a Rhode Island public institution of higher education.
Effective on January 1, 2027, the department shall also provide childcare assistance to families
with incomes below two hundred eighty-five percent (285%) of the federal poverty level when such
assistance is necessary for a member of these families to enroll or maintain enrollment in a Rhode
Island public institution of higher education.
(c) The department shall also provide childcare assistance to families who meet the
requirements of the protective services group. For the purposes of this section, "protective services
group ” means foster or kinship children served through the department of children, youth and
families as well as the children of childcare educators as defined in subsection ( l ) of this section .
(c) (d) No family/assistance unit shall be eligible for childcare assistance under this chapter
if the combined value of its liquid resources exceeds one million dollars ($1,000,000), which
corresponds to the amount permitted by the federal government under the state plan and set forth
in the administrative rulemaking process by the department. Liquid resources are defined as any
interest(s) in property in the form of cash or other financial instruments or accounts that are readily
convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit
union, or other financial institution savings, checking, and money market accounts; certificates of
deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments
or accounts. These do not include educational savings accounts, plans, or programs; retirement
accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.
The department is authorized to promulgate rules and regulations to determine the ownership and
source of the funds in the joint account.
(d) (e) As a condition of eligibility for childcare assistance under this chapter, the parent or
caretaker relative of the family must consent to, and must cooperate with, the department in
establishing paternity, and in establishing and/or enforcing child support and medical support
orders for any children in the family receiving appropriate child care under this section in
accordance with the applicable sections of title 15, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
(e) (f) For purposes of this section, “appropriate child care” means child care, including
infant, toddler, preschool, nursery school, and school-age, that is provided by a person or
organization qualified, approved, and authorized to provide the care by the state agency or agencies
designated to make the determinations in accordance with the provisions set forth herein.
(f) (g) (1) Families with incomes below one hundred percent (100%) of the applicable
federal poverty level guidelines shall be provided with free child care. Families with incomes
greater than one hundred percent (100%) and less than two hundred percent (200%) of the
applicable federal poverty guideline shall be required to pay for some portion of the child care they
receive, according to a sliding-fee scale adopted by the department in the department’s rules, not
to exceed seven percent (7%) of income as defined in subsection (h) of this section.
(2) Families who are receiving childcare assistance and who become ineligible for
childcare assistance as a result of their incomes exceeding two hundred sixty-one percent (261%)
two hundred eighty-five percent (285%) of the applicable federal poverty guidelines shall continue
to be eligible for childcare assistance until their incomes exceed three hundred percent (300%) three
hundred twenty-five percent (325%) of the applicable federal poverty guidelines. To be eligible,
the families must continue to pay for some portion of the child care they receive, as indicated in a
sliding-fee scale adopted in the department’s rules, not to exceed seven percent (7%) of income as
defined in subsection (h) of this section, and in accordance with all other eligibility standards.
(g) (h) In determining the type of child care to be provided to a family, the department shall
take into account the cost of available childcare options; the suitability of the type of care available
for the child; and the parent’s preference as to the type of child care.
(h) (i) 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) (j) 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) (k) In determining eligibility for childcare assistance for children of members of reserve
components called to active duty during a time of conflict, the department shall freeze the family
composition and the family income of the reserve component member as it was in the month prior
to the month of leaving for active duty. This shall continue until the individual is officially
discharged from active duty.
(k) ( l ) Effective from August 1, 2023, through July 31, 2028 2030 , the department shall
provide funding for child care for eligible childcare educators, and childcare staff, who work at
least twenty (20) hours a week in licensed childcare centers and licensed family childcare homes
as defined in the department’s rules and regulations. Eligibility is limited to qualifying childcare
educators and childcare staff with family incomes up to three hundred percent (300%) of the
applicable federal poverty guidelines and will have no copayments. This protective service group
shall continue to be eligible for childcare assistance until their incomes exceed three hundred
twenty-five percent (325%) of the applicable federal poverty guidelines. Qualifying participants
29 may select the childcare center or family childcare home for their children. The department shall
promulgate regulations necessary to implement this section, and will collect applicant and
participant data to report estimated demand for state-funded child care for eligible childcare
educators and childcare staff. The report shall be due annually to the governor and the general
assembly by November 1.
For any month in which a noncustodial parent makes a child support payment in the month
when due and the support is collected by the department of human services, for a child or children
receiving cash assistance pursuant to this chapter, in a household of one child the first fifty dollars
($50.00) one hundred dollars ($100) of the child support payment, or the actual amount of the child
support payment if the payment is less than fifty dollars ($50.00) one hundred dollars ($100) , shall
be paid to the family in which the child resides ; in a household of two (2) or more children the first
two hundred dollars ($200) of the child support payment, or the actual amount of the child support
payment if the payment is less than two hundred dollars ($200), shall be paid to the family in which
the child resides. If more than one noncustodial parent makes a child support payment to children
living in the same family, there shall only be one payment of fifty ($50.00) one hundred dollars
($100) for a household of one child, or two hundred dollars ($200) for a household with two (2) or
more children paid to the family from the child support collected. This payment is known as the
“pass through” payment and shall be sent to the family within two (2) business days of the
determination that the amount is due and owing and no later than within two (2) business days of
the end of the month in which the support was collected.
SECTION 7. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child
Care — State Subsidies" is hereby amended to read as follows:
(a) Through June 30, 2015, subject to the payment limitations in subsection (c), the
maximum reimbursement rates to be paid by the departments of human services and children, youth
and families for licensed childcare centers and licensed family childcare providers shall be based
on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the
average of the 75th percentile of the 2002 and the 2004 weekly market rates:
24 Licensed Childcare Centers
75th Percentile of Weekly Market Rate
25 Infant
$182.00
26 Preschool
$150.00
27 School-Age
$135.00
28 Licensed Family Childcare Providers
75th Percentile of Weekly Market Rate
29 Infant
$150.00
30 Preschool
$150.00
31 School-Age
$135.00
Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum
reimbursement rates to be paid by the departments of human services and children, youth and
families for licensed childcare centers and licensed family childcare providers shall be based on the
above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of
the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by
ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare
providers and license-exempt providers and then the rates for all providers for all age groups shall
be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare
centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-
four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one
cents ($161.71) for preschool-age children.
(b) Effective July l, 2018, subject to the payment limitations in subsection (c), the
maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of
human services and children, youth and families for licensed childcare centers shall be
implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state’s quality rating system outlined in § 42-12-23.1.
(1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent
(2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above
the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY
2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly
amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly
amount.
(2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half
percent (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%)
above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY
2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018
weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018
weekly amount.
26 (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.]
(d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and
training shall conduct an independent survey or certify an independent survey of the then-current
weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey
to the department of human services. The next survey shall be conducted by June 30, 2016, and
triennially thereafter. The departments of human services and labor and training will jointly
determine the survey criteria including, but not limited to, rate categories and sub-categories.
(e) In order to expand the accessibility and availability of quality child care, the department
of human services is authorized to establish, by regulation, alternative or incentive rates of
reimbursement for quality enhancements, innovative or specialized child care, and alternative
methodologies of childcare delivery, including nontraditional delivery systems and collaborations.
(f) Effective January 1, 2007, all childcare providers have the option to be paid every two
(2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of
reimbursement payments.
(g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by
the departments of human services and children, youth and families for licensed family childcare
providers shall be implemented in a tiered manner, reflective of the quality rating the provider has
achieved within the state’s quality rating system outlined in § 42-12-23.1. Tier one shall be
reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three
percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the
prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the
prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base
rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier
five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.
(h) Through December 31, 2021, the maximum reimbursement rates paid by the
departments of human services, and children, youth and families to licensed childcare centers shall
be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows:
19
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
20
Infant/Toddler
$257.54
$257.54
$257.54
$257.54
$273.00
21
Preschool Age
$195.67
$195.67
$195.67
$195.67
$260.00
22
School Age
$200.00
$200.00
$200.00
$200.00
$245.00
The maximum reimbursement rates paid by the departments of human services, and
children, youth and families to licensed family childcare providers shall be consistent with the
enhanced emergency rates provided as of June 1, 2021, as follows:
26
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
27
Infant/Toddler
$224.43
$224.43
$224.43
$224.43
$224.43
28
Preschool Age
$171.45
$171.45
$171.45
$171.45
$171.45
29
School Age
$162.30
$162.30
$162.30
$162.30
$162.30
(i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the
departments of human services and children, youth and families for licensed childcare centers
shall be implemented in a tiered manner, reflective of the quality rating the provider has achieved
within the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
reimbursed as follows:
1 Licensed Childcare Centers
2
Tier One
Tier Two
Tier Three
Tier Four
Tier Five
3
Infant/Toddler
$236.36
$244.88
$257.15
$268.74
$284.39
4
Preschool
$207.51
$212.27
$218.45
$223.50
$231.39
5
School-Age
$180.38
$182.77
$185.17
$187.57
$189.97
The maximum reimbursement rates for licensed family childcare providers paid by the
departments of human services, and children, youth and families is determined through collective
bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid
to licensed family childcare providers by both departments is implemented in a tiered manner that
reflects the quality rating the provider has achieved in accordance with § 42-12-23.1.
(j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments
of human services and children, youth and families for licensed childcare centers shall be
implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
reimbursed as follows:
Licensed Childcare Centers
17
Tier One
Tier Two
Tier Three
Tier Four
Tier Five
18
Infant/Toddler
$265
$270
$282
$289
$300
19
Preschool
$225
$235
$243
$250
$260
20
School-Age
$200
$205
$220
$238
$250
(k) Effective July 1, 2024, the maximum reimbursement rates to be paid by the departments
of human services and children, youth and families for licensed childcare centers shall be
implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
reimbursed as follows:
Licensed Childcare Centers
27
Tier One
Tier Two
Tier Three
Tier Four
Tier Five
28
Infant/Toddler
$278
$284
$296
$303
$315
29
Preschool
$236
$247
$255
$263
$273
30
School-Age
$210
$215
$231
$250
$263
( l ) Effective July 1, 2025, the maximum reimbursement rates to be paid by the departments
of human services and children, youth and families for licensed childcare centers shall be
implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
reimbursed as follows:
2
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
3
Infant
$334
$341
$355
$364
$378
4
Toddlers
$278
$284
$296
$303
$315
5
Preschoolers
$236
$247
$255
$263
$273
6
School Age
$210
$215
$231
$250
$263
(m) Effective July 1, 2026, the maximum reimbursement rates to be paid by the
departments of human services and children, youth and families for licensed childcare centers shall
be implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
reimbursed as follows:
12
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
13
Infant
$351
$358
$373
$382
$397
14
Toddlers
$278
$284
$296
$303
$315
15
Preschoolers
$236
$247
$255
$263
$273
16
School Age
$210
$215
$231
$250
$263
17
SECTION
8. Section
40.1-1-13
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:
Notwithstanding any provision of the Rhode Island general laws to the contrary, the
department of behavioral healthcare, developmental disabilities and hospitals shall have the
following powers and duties:
(1) To establish and promulgate the overall plans, policies, objectives, and priorities for
state substance abuse education, prevention, and treatment; provided, however, that the director
shall obtain and consider input from all interested state departments and agencies prior to the
promulgation of any such plans or policies;
(2) Evaluate and monitor all state grants and contracts to local substance abuse service
providers;
(3) Develop, provide for, and coordinate the implementation of a comprehensive state plan
for substance abuse education, prevention, and treatment;
(4) Ensure the collection, analysis, and dissemination of information for planning and
evaluation of substance abuse services;
(5) Provide support, guidance, and technical assistance to individuals, local governments,
community service providers, public and private organizations in their substance abuse education,
prevention, and treatment activities;
(6) Confer with all interested department directors to coordinate the administration of state
programs and policies that directly affect substance abuse treatment and prevention;
(7) Seek and receive funds from the federal government and private sources in order to
further the purposes of this chapter;
(8) To act in conjunction with the executive office of health and human services as the
state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the
purposes of the calculation of the expenditures relative to the substance abuse block grant and
federal funding maintenance of effort. The department of behavioral healthcare, developmental
disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility
for the planning, policy and implementation efforts as it relates to the requirements set forth in
pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;
(9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving
insurance and managed care systems for substance abuse services in Rhode Island;
(10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual
relationships and memoranda of agreement as necessary for the purposes of this chapter;
(11) To license facilities and programs for the care and treatment of substance abusers and
for the prevention of substance abuse, and provide the list of licensed chemical dependency
professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed
by the department of health pursuant to chapter 69 of title 5) for use by state agencies including,
but not limited to, the adjudication office of the department of transportation, the district court and
superior court and the division of probation and parole for referral of individuals requiring
substance use disorder treatment;
(12) To promulgate rules and regulations necessary to carry out the requirements of this
chapter;
(13) Perform other acts and exercise any other powers necessary or convenient to carry out
the intent and purposes of this chapter;
(14) To exercise the authority and responsibilities relating to education, prevention, and
treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters
1.10, 10.1, and 28.2 of title 23; chapters 21.2 and 21.3 of title 16; chapter 50.1 of title 42 [repealed];
chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18;
(15) To establish a Medicare Part D restricted-receipt account in the hospitals and
community rehabilitation services program and the Rhode Island state psychiatric hospital program
to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent
with the purposes of this chapter;
(16) To establish a RICLAS group home operations restricted-receipt account in the
services for the developmentally disabled program to receive and expend rental income from
RICLAS group clients for group home-related expenditures, including food, utilities, community
activities, and the maintenance of group homes;
(17) To establish a non-Medicaid, third-party payor restricted-receipt account in the
hospitals and community rehabilitation services program to receive and expend reimbursement
from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid
eligible; and
(18) To certify any and all recovery housing facilities directly, or through a contracted
entity, as defined by department guidelines, which includes adherence to using National Alliance
for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by
the department, all referrals from state agencies or state-funded facilities shall be to certified
houses, and only certified recovery housing facilities shall be eligible to receive state funding to
deliver recovery housing services. As of January 1, 2027, all recovery housing facilities shall be
registered with the department and shall adhere to the NARR certification process.
(19) To establish, operate, and/or designate a RI 9-8-8 Suicide & Crisis Lifeline center or
centers to provide telephone, text and chat crisis intervention services and crisis care coordination
to individuals accessing the RI 9-8-8 Suicide & Crisis Lifeline.
SECTION 9. Title 40.1 of the General Laws entitled “Behavioral Healthcare, Development
Disabilities and Hospitals” is hereby amended by adding thereto the following chapter:
CHAPTER 8.6
RHODE ISLAND 9-8-8 SUICIDE & CRISIS LIFELINE
25 40.1-8.6-1. Definitions.
As used in this chapter:
(1) "9-8-8 Suicide & Crisis Lifeline" or "lifeline" means the national network system
operated by the National Suicide Prevention Lifeline ("NSPL") or its successor entity, within which
the department-approved or department-operated RI 9-8-8 Suicide & Crisis Lifeline Center
participates.
(2) "Department" means the department of behavioral healthcare, developmental
disabilities and hospitals.
(3) "Director" means the director of the department of behavioral healthcare,
developmental disabilities and hospitals.
(4) "National Suicide Prevention Lifeline" ("NSPL") means the national network of local
crisis centers providing free and confidential emotional support to people in suicidal crisis or
emotional distress twenty-four (24) hours a day, seven (7) days a week. Membership as an NSPL
center requires nationally recognized certification which includes evidence-based training for all
staff and volunteers in the management of NSPL calls.
(5) "Rhode Island (RI) 9-8-8 state administrator" means the administrator designated by
the director of the department to manage the locally operated and funded center within the national
network of the 9-8-8 Suicide & Crisis Lifeline within Rhode Island.
(6) "Rhode Island (RI) 9-8-8 Suicide & Crisis Lifeline Center" or "lifeline center" means a
department-approved or department-operated center that participates in the National Suicide
Prevention Lifeline Network and responds to statewide or regional 9-8-8 contacts that is operated
by or under contract with the department.
(a) The director is hereby authorized to establish, operate, promulgate regulations with
regard to, and/or designate a RI 9-8-8 Suicide & Crisis Lifeline center or centers to provide
telephone, text and chat crisis intervention services and crisis care coordination to individuals
accessing the RI 9-8-8 Suicide & Crisis Lifeline twenty-four (24) hours a day, seven (7) days a
week.
(b) The director shall have the authority to provide general oversight of the RI 9-8-8 Suicide
& Crisis Lifeline Center(s) established by this chapter.
(c) The RI 9-8-8 Suicide & Crisis Lifeline center(s) shall have an active agreement with
the administrator of the National Suicide Prevention Lifeline ("NSPL") maintained by SAMHSA,
or any successor entity, for participation within the network.
(d) The designated RI 9-8-8 Suicide & Crisis Lifeline center(s) shall meet SAMHSA and
NSPL or any successor entity’s requirements and best practices guidelines for operational and
clinical standards for adults and children.
(e) The designated RI 9-8-8 Suicide & Crisis Lifeline center(s) shall provide and report
data and participate in evaluations and related quality improvement activities as required by the 9-
8-8 state administrator. The department shall provide the department of children, youth, and
families with data regarding utilization of RI 9-8-8 services by children, youth and their families,
consistent with NSPL requirements and state and federal confidentiality and privacy laws and
regulations.
(f) The designated RI 9-8-8 Suicide & Crisis Lifeline center(s) shall make referrals,
consistent with guidance and policies established by the NSPL or any successor entity, to follow-
up services for individuals who access the RI 9-8-8 Suicide & Crisis Lifeline.
(g) The director shall consult with the director of the department of children, youth, and
families prior to promulgating rules and regulations specific to RI 9-8-8 services for children,
youth, and their families and may require appropriate training regarding children services into a
contract with the 9-8-8 service center provider.
(h) Nothing in §§ 40.1-8.6-2, 40.1-8.6-3, or 40.1-8.6-4 shall be construed to restrict the
authority of the department of children, youth and family (DCYF) pursuant to chapters 72 and 72.1
of title 42.
(a) The director shall have the authority to expend any and all funds allocated to support
the operations of the RI 9-8-8 Suicide & Crisis Lifeline.
(a) The director shall designate the RI 9-8-8 state administrator. The RI 9-8-8 state
administrator shall be an employee of the department and shall serve at the pleasure of the director,
or shall be a contractor who has a contract with the department and shall serve for the period
designated in the contract and in accordance with the terms of such contract.
(b) All state agencies and/or departments shall provide to the department any and all data
and other information necessary for the department to comply with federal and/or state reporting
requirements with respect to the establishment and/or operation of the RI 9-8-8 Suicide & Crisis
Lifeline.
SECTION 10. Chapter 42-72 of the General Laws entitled "Department of Children, Youth
and Families" is hereby amended by adding thereto the following section:
42-72-37. Application for social security benefits, supplemental security income, and
(a) Definitions. For the purposes of this section:
(1) "Benefits" means social security benefits, supplemental security income, veterans
benefits, and railroad retirement benefits; and
(2) "Youth's attorney" and "guardian ad litem" means the person appointed as the youth's
attorney or guardian ad litem in the proceeding in which the department is appointed as the youth's
guardian or custodian.
(b) Application for benefits.
(1) Upon receiving temporary custody or guardianship of a youth in care, the department
shall assess the youth to determine whether the youth may be eligible for benefits. If, after the
assessment, the department determines that the youth may be eligible for benefits, the department
shall ensure that an application is filed on behalf of the youth. The department shall conserve the
youth’s benefits, including SSDI, inheritance, pensions, life insurance, or other benefits. If the
department determines the youth is eligible for an ABLE account as authorized by Section 529A
of the Internal Revenue Code of 1986, it shall conserve the benefits in that account in a manner that
appropriately avoids any federal asset or resource limits, absent a compelling reason to conserve
benefits in another manner. The department shall prescribe by rules and regulations how it will
review cases of youth in care at regular intervals to determine whether the youth may have become
eligible for benefits after the initial assessment. The department shall make reasonable efforts to
encourage youth in care over the age of eighteen (18) who are likely eligible for benefits to
cooperate with the application process and to assist youth with the application process.
(2) When applying for benefits under this section for a youth in care the department shall
identify a representative payee in accordance with the requirements of 20 CFR 404.2021 and
416.621. If the department is seeking to be appointed as the youth's representative payee, the
department shall consider input, if provided, from the youth's attorney and guardian ad litem
regarding whether another representative payee, consistent with the requirements of 20 CFR
404.2021 and 416.621, is available. If the department serves as the representative payee for a youth
over the age of eighteen (18), the department shall request a court order.
(c) Notifications. The department shall immediately notify a youth over the age of sixteen
(16), the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another
responsible adult of:
(1) Any application for or any application to become representative payee for benefits on
behalf of a youth in care;
(2) Any communications from the Social Security Administration, the U.S. Department of
Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of
benefits or the selection of a representative payee; and
(3) Any appeal or other action requested by the department regarding an application for
benefits.
(d) Use of benefits. Consistent with federal law, when the department serves as the
representative payee for a youth receiving benefits and receives benefits on the youth's behalf, the
department shall:
(1) Beginning January 1, 2027, except as provided in a request for the disbursement of
funds, ensure that youth of any age in the care and custody of the department and until the
department no longer serves as the representative payee, the entirety of the youth's benefits are
conserved.
(2) Exercise discretion and seek advisement from the Office of the General Treasurer in
accordance with federal law and in the best interests of the youth when making decisions to use or
conserve the youth's benefits that are less than or not subject to asset or resource limits under federal
law, including using the benefits to address the youth's special needs and conserving the benefits
for the youth's reasonably foreseeable future needs.
(3) Appropriately monitor any federal asset or resource limits for the benefits and ensure
that the youth's best interest is served by using or conserving the benefits, including SSDI,
inheritance, pensions, life insurance, or other benefits in a way that avoids violating any federal
asset or resource limits that would affect the youth's eligibility to receive the benefits.
(e)(1) Annual accounting. The department shall provide an annual accounting to the youth's
attorney and guardian ad litem of how the youth's benefits have been used and conserved. In
addition, within ten (10) business days of a request from a youth or the youth's attorney and
guardian ad litem, the department shall provide an accounting to the youth of how the youth's
benefits have been used and conserved.
(2) Final accounting. When the department's guardianship of the youth is being terminated,
the department shall provide:
(i) A final accounting to the Social Security Administration, to the youth's attorney and
guardian ad litem, and to either the person or persons who will assume guardianship of the youth
or who is in the process of adopting the youth, if the youth is under eighteen (18), or to the youth,
if the youth is over eighteen (18); and
(ii) Information to the parent, guardian, or youth regarding how to apply to become the
representative payee. The department shall adopt rules and regulations to ensure that the
representative payee transitions occur in a timely and appropriate manner.
(f) Financial literacy. The department shall provide the youth with financial literacy
training and support, including specific information regarding the existence, availability, and use
of funds conserved for the youth in accordance with this subsection, beginning by age fourteen
(14). The literacy program and support services shall be developed in consultation with input from
the department's statewide speak advisory board and the office of the general treasurer.
(g) Adoption of rules and regulations. The department shall adopt rules and regulations to
implement the provisions of this section by October 1, 2026.
(h) Reporting. No later than January 1, 2029, the department shall file a report with the
general assembly providing the following information for state fiscal years 2027 and 2028 and
annually beginning January 1, 2030, for the preceding fiscal year:
(1) The number of youth entering care.
(2) The number of youth entering care receiving each of the following types of benefits:
social security benefits, supplemental security income, veterans benefits, and/or railroad retirement
benefits.
(3) The number of youth entering care for whom the department filed an application for
each of the following types of benefits: social security benefits, supplemental security income,
veterans benefits, and/or railroad retirement benefits.
(4) The number of youth entering care who were awarded each of the following types of
benefits based on an application filed by the department: social security benefits, supplemental
security income, veterans benefits, and/or railroad retirement benefits.
(i) Annually beginning January 1, 2029, the department shall file a report with the general
assembly with the following information regarding the preceding fiscal year:
(1) The number of conserved accounts established and maintained for youth in care;
(2) The average amount conserved by age group; and
(3) The total amount conserved by age group.
SECTION 11. Sections 42-160-3 and 42-160-5 of the General Laws in Chapter 42-160
entitled "Rhode Island Pay for Success Act" are hereby amended to read as follows:
The executive office, in collaboration with the Rhode Island Coalition to End
Homelessness or other qualified organization as determined by the executive office , shall provide
yearly progress reports to the general assembly beginning no later than January 30, 2022, and
annually thereafter until January 30, 2027 2028 . These reports will include recommendations on a
proposed structure for entering into pay for success contracts, for administering the program, and
for any and all matters related thereto that the executive office deems necessary to administer future
pay for success projects at the conclusion of the pilot program in 2026 2027 . As a condition of this
project, HUD requires that a third party conduct a transparent and rigorous evaluation of the
intervention to determine whether the outcomes have indeed achieved success. The evaluation
results will be reported yearly to the governor and general assembly.
There is established a five-year (5) six-year (6) pay-for-success pilot program to be
administered by the Rhode Island executive office of health and human services. The pilot will
follow the proposal outlined in the 2016 pay-for-success grant proposal to HUD and 2017
feasibility study. The pay-for-success project will provide a person-centered housing and
supportive services intervention (PSH) for one hundred twenty-five (125) persons in Rhode Island
experiencing homelessness who are high utilizers of the healthcare and justice systems. The pilot
program will leverage eight hundred seventy-five thousand dollars ($875,000) of HUD/DOJ grant
funds. Contract agreements with the executive office of health and human services pursuant to this
chapter shall not exceed one million five hundred thousand dollars ($1,500,000) per fiscal year or
six million dollars ($6,000,000) in the aggregate over the five (5) six (6) years of the pilot program,
as determined by the department; provided, no agreements shall be entered by the department after
6 July 1, 2026 2027 , without further authorization by the general assembly.
SECTION 12. Section 6 of this article shall take effect January 1, 2027, except for the
provisions of § 42-5.2-20(c) which shall take effect July 1, 2026. The remainder of this article shall
take effect July 1, 2026.
=======
art.011/7/011/6/011/5/011/4/011/3/011/2
=======
RELATING TO ENERGY
SECTION 1. Sections 37-24-3 and 37-24-5 of the General Laws in Chapter 37-24 entitled
"The Green Buildings Act" are hereby amended to read as follows:
For purposes of this chapter, the following definitions shall apply:
(1) “Construction” means the process of building, altering, repairing, improving, or
demolishing forty percent (40%) or more of any public structures, public buildings, public real
property or other public improvements of any kind to any public structures, public buildings or
public real property.
(2) “Department” means the department of administration the office of the state building
code commissioner .
(3) “Equivalent standard” means a high-performance green building standard, other than
LEED, LEED for Neighborhood Development, and SITES, that provides an independent, third-
party verification and certification of a rating system or measurement tool, that, when used, leads
to outcomes equivalent to, LEED, LEED for Neighborhood Development, and SITES outcomes,
in terms of green building, green infrastructure, and green site performance; current accepted
equivalent standards include green globes, Northeast collaborative high-performance schools
protocol; or other equivalent high-performance green building, green infrastructure, and green site
standards accepted by the department.
(4) “LEED” also, “LEED for Neighborhood Development, and SITES certified standard”
means the current version of the U.S. Green Building Council Leadership in Energy and
Environmental Design (LEED) green building rating standard referred to as LEED, LEED for
Neighborhood Development, and SITES certified. SITES means the U.S. Green Building Council’s
SITES — The Sustainable SITES Initiative.
(5) “Public agency” means every state or municipal office, board, commission, committee,
bureau, department, or public institution of education, or any political subdivision thereof.
(6) “Public facility” means any public institution, public facility, public equipment, or any
physical asset owned, including its public real-property site, leased or controlled in whole or in part
by this state, a public agency, a municipality or a political subdivision, that is for public or
government use.
(7) “Public major facility project” means:
(i) A public facility building construction project larger than ten thousand (10,000) gross
square feet of occupied or conditioned space, and its public real-property site; or
(ii) A public facility building renovation project larger than ten thousand (10,000) gross
square feet of occupied or conditioned space, and its public real-property site.
(a) The department shall promulgate such regulations as are necessary to enforce this
section by January 1, 2023 . Effective July 1, 2026, the office of the state building code
commissioner will assume responsibility for promulgating the rules and regulations regarding the
green buildings advisory committee. The rules and regulations promulgated under title 220, chapter
70, subchapter 00, part 1 of the Rhode Island code of regulations will remain in full force and effect
and shall be enforced by the department of administration until such a time as the rules and
regulations are properly transferred to and promulgated by the office of the state building code
commissioner title within the Rhode Island code of regulations.
Those regulations shall include how the department will determine whether a project
qualifies for an exception from the LEED, LEED for Neighborhood Development, and SITES
certified or equivalent high-performance green building standard, and the green building standards
that may be imposed on projects that are granted exceptions.
(b) The department shall monitor and document ongoing operating savings that result from
major facility projects designed, constructed, and certified as meeting the LEED, LEED for
Neighborhood Development, and SITES certified standard annually publish a public report of
findings and recommended changes in policy. The report shall also include a description of projects
that were granted exceptions from the LEED, LEED for Neighborhood Development, and SITES
certified standard, the reasons for exception, and the lesser green building standards imposed.
26 (c) — (f) [Deleted by P.L. 2022, ch. 204, § 1 and P.L. 2022, ch. 205, § 1.]
(g) A green buildings advisory committee shall be created composed of nineteen (19)
members. The advisory committee shall have eleven (11) public members and eight (8) public
agency members. Five (5) of the public members shall be appointed by the governor; three (3) of
the public members shall be appointed by the president of the senate; and, three (3) of the public
members shall be appointed by the speaker of the house of representatives.
(1) The eleven (11) public members of the advisory committee shall be composed of nine
(9) representatives one from each of the following fields: architecture, engineering, landscape
architecture, energy, labor through the Rhode Island AFL-CIO, general construction contracting,
building product and building materials industries who are involved in, and have recognized
knowledge and accomplishment in their respective professions, of high-performance green
building standards, relating to the standards set forth in § 37-24-4; in addition to two (2) public
members, one representing an urban municipality from Providence, Cranston, Warwick,
Pawtucket, Woonsocket, or Newport, and one public member representing the other thirty-two (32)
municipalities in the state in order to ensure geographic diversity.
(2) The advisory committee shall have eight (8) public agency members representing
personnel from affected public agencies, and cities and towns, that oversee public works projects
and workforce development, who shall be appointed by the directors or chief executive officers of
the respective public agencies which shall include the department of administration; the department
of environmental management; the department of education; the department of transportation; the
department of labor and training; the office of the state building code commissioner; the Rhode
Island infrastructure bank, and the Rhode Island League of Cities and Towns.
(3) The chairperson of the green buildings advisory committee shall be a public member
chosen by the green buildings advisory committee.
(4) Of the initial eleven (11) public members, six (6) shall serve three-year (3) terms and
five (5) shall have two-year (2) terms. Each appointing authority shall appoint two (2) public
members to three-year (3) terms with the remainder of the public member appointments serving
two-year terms. Thereafter, all public members shall be appointed to three-year (3) terms.
(h) The green buildings advisory committee shall:
(1) Make recommendations regarding an ongoing evaluation process of the green buildings
act to help the department and the executive climate change coordinating council implement this
chapter;
(2) Identify the needs, actions, and funding required to implement the requirements set
forth in this chapter, in achieving high-performance green building projects for our public
buildings, public structures, and our public real properties;
(3) Establish clear, measurable targets for implementing the standards, defined in this
chapter, for all public major facility projects including timeline, workforce needs, anticipated costs
and other measures identified by the green buildings advisory committee and required by chapter
6.2 of title 42 (“2021 act on climate”); and
(4) Identify ways to monitor and document ongoing operating savings and greenhouse gas
emission reductions that result from public major facility projects designed, constructed and
certified as meeting the LEED, LEED for Neighborhood Development, SITES certified standard,
Green Globes, Northeast Collaborative for High-Performance Schools Protocol, Version 1.1 or
above and annually publish a report to the general assembly and the executive climate change
coordinating council of findings and recommended changes in policy.
(i) All requests for proposals, requests for information, requests for bids, requests for
design/build, requests for construction managers, and any requests relating to obtaining the
professional services, pricing, and construction for major facility projects by a public agency for a
public facility, shall include the notice of the statutory requirements of this chapter (“the green
buildings act”).
(j) The green buildings advisory committee shall have no responsibility for, and shall not
develop requests for proposals, requests for information, requests for bids, requests for
design/build, requests for construction managers, and any requests relating to obtaining the
professional services, pricing, and construction for major facility projects by a public agency for a
public facility; and the green buildings advisory committee shall have no responsibility for, and
shall not select any vendors for any requests for proposals, requests for information, requests for
bids, requests for design/build, requests for construction managers, and any requests relating to
obtaining the professional services, pricing, and construction for major facility projects by a public
agency for a public facility. Nothing shall prohibit public members of the green buildings advisory
committee from responding to, and being involved with, any submittals of requests for proposals,
requests for information, requests for bids, requests for design/build, requests for construction
managers, and any requests relating to obtaining the professional services, pricing, and construction
for major facility projects by a public agency for a public facility.
(k) The department of administration shall commission a report to analyze the costs and/or
benefits of LEED certification compared to equivalent standards. This includes, but is not limited
to, the impact of obtaining formal LEED certification on project budget and timeline.
SECTION 2. Section 39-2.2-2 of the General Laws in Chapter 39-2.2 entitled "Rhode
Island Utility Fair Share Roadway Repair Act" is hereby amended to read as follows:
(a) Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter 8.1
of title 24 that shall alter, excavate, disrupt, or disturb a roadway shall be responsible for complete
repaving and repair of the roadway from curbline to curbline complete repaving and repair or
restoration of the full width of the affected travel lane for the entire length of the excavation or as
required in accordance with the state or municipal utility permit requirements.
(b) Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter
8.1 of title 24 shall recover all costs required of this chapter in accordance with generally accepted
accounting principles.
SECTION 3. Chapter 39-2 of the General Laws entitled "Duties of Utilities and Carriers"
is hereby amended by adding thereto the following section:
On and after the effective date of this section, no electric distribution company, as defined
in § 39-1-2, shall own, operate, or control a transmission facility, as defined in § 39-1-2, located in
the state unless such company joins or is a member of ISO New England, Inc. or its successor
organization as approved by the federal energy regulatory commission.
SECTION 4. Section 39-26.1-4 of the General Laws in Chapter 39-26.1 entitled "Long-
Term Contracting Standard for Renewable Energy" is hereby repealed.
39-26.1-4. Financial remuneration and incentives.
In order to achieve the purposes of this chapter, electric distribution companies shall be
entitled to financial remuneration and incentives for long-term contracts for newly developed
renewable energy resources, which are over and above the base rate revenue requirement
established in its cost of service for distribution ratemaking. Such remuneration and incentives shall
compensate the electric distribution company for accepting the financial obligation of the long-
term contracts. The financial remuneration and incentives described in this section shall apply only
to long-term contracts for newly developed renewable energy resources. For long-term contracts
approved pursuant to this chapter before January 1, 2022, the financial remuneration and incentives
shall be in the form of annual compensation, equal to two and three quarters percent (2.75%) of the
actual annual payments made under the contracts for those projects that are commercially
operating, unless determined otherwise by the commission at the time of approval. For long-term
contracts approved pursuant to this chapter on or after January 1, 2022, including contracts above
the minimum long-term contract capacity, the financial remuneration and incentives shall be in the
form of annual compensation up to one percent (1.0%) of the actual annual payments made under
the contracts through December 31, 2026, for those projects that are commercially operating. For
all long-term contracts approved pursuant to this chapter on or after January 1, 2027, financial
remuneration and incentives shall not be applied, unless otherwise granted by the commission. For
any calendar year in which the electric distribution company’s actual return on equity exceeds the
return on equity allowed by the commission in the electric distribution company’s last general rate
case, the commission shall have the authority to adjust any or all remuneration paid to the electric
distribution company pursuant to this section in order to assure that such remuneration does not
result in or contribute toward the electric distribution company earning above its allowed return for
such calendar year.
SECTION 5. Sections 39-26.4-2 and 39-26.4-3 of the General Laws in Chapter 39-26.4
entitled "Net Metering" are hereby amended to read as follows:
Terms not defined in this section herein shall have the same meaning as contained in
chapter 26 of this title. 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 a 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) “Core forest” refers to unfragmented forest blocks of single or multiple parcels totaling
two hundred fifty (250) acres or greater unbroken by development and at least twenty-five (25)
yards from mapped roads, with eligibility questions to be resolved by the director of the department
of environmental management. Such determination shall constitute a contested case as defined in
(3) “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.
(4) “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) 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.
(iv) “Commercial or industrial customers” means any nonresidential customer of the
electric distribution company.
(5) “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.
(6) “Eligible net-metering system” means a facility generating electricity using an eligible
net-metering resource that, for any system with a nameplate capacity in excess of twenty-five
kilowatts (25 KW), 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. For any system with a nameplate capacity equal to or less than twenty-
five kilowatts (25 KW), eligibility shall not be restricted based on prior consumption. 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 a 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; or (iii) Owned and
operated by a renewable-generation developer on behalf of one or more commercial or industrial
customer(s) through net-metering financing arrangement(s) shall be treated as an eligible net-
metering system within an eligible net-metering system site. Notwithstanding any other provision
to the contrary, effective July 1, 2060, an eligible net-metering system means a facility generating
electricity using an eligible net-metering resource that is interconnected behind the same meter as
the net-metering customer’s load.
(7) “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 on 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 or for a commercial or industrial customer 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, or for a
commercial or industrial customer 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.
(8) “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%), except for any system with a nameplate capacity equal to or less than twenty-five
kilowatts (25 KW) for which excess renewable net-metering credit applies to all production of
electrical energy beyond one hundred percent (100%) 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.
For electrical energy produced greater than one hundred percent (100%) of the renewable
self-generator’s own electricity 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, excess renewable net-metering credits shall
be equal to the wholesale electricity rate, which is hereby declared to be the ISO-New England
energy clearing price. When applying the ISO-New England energy clearing price to calculate the
value of excess renewable net-metering credits, the electric distribution company, subject to
commission approval and subject to amendment from time to time, may use an annual average,
monthly average, or other time increment and may use Rhode Island zone pricing or other
applicable locational pricing. 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.
(9) “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.
(10) “Hospital” means and shall be defined and established as set forth in chapter 17 of
title 23.
(11) “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 subsection (15).
(12) “Municipality” means any Rhode Island town or city, including any agency or
instrumentality thereof, with the powers set forth in title 45.
(13) “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.
(14) “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.
(15) “Net-metering financing arrangement” means arrangements entered into by a public
entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or a commercial
or industrial customer 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, multi-municipal collaborative, or
commercial or industrial customer, where: (i) The eligible net-metering resource is located on
property owned or controlled by the public entity, educational institution, hospital, municipality,
multi-municipal collaborative, or commercial or industrial customer as applicable; and (ii) The
production from the eligible net-metering resource and primary compensation paid by the public
entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or commercial or
industrial customer to the private entity for such production is directly tied to the consumption of
electricity occurring at the designated net-metered accounts.
(16) “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. §
(17) “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.
(18)“Preferred site” means a location for a renewable energy system that has had prior
development, including, but not limited to: landfills, gravel pits and quarries, highway and major
road median strips, brownfields, superfund sites, parking lots or sites that are designated
appropriate for carports, and all rooftops including, but not limited to, residential, commercial,
industrial, and municipal buildings.
(19) “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.
Subject to the safe-harbor provisions in § 39-26.4-3(a)(1), new and distinct projects cannot be
located on adjoining parcels of land within core forests, except for preferred sites.
(20) “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.
(21) “Public entity net-metering system” means a system generating renewable energy at
a property owned or controlled by the public entity that is participating in a net-metering financing
arrangement where the public entity has designated accounts in its name to receive net-metering
credits.
(22) “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) Last resort 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 last resort 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.
For projects after April 15, 2023 that have not elected to receive the fixed renewable net-
metering credit pursuant to § 39-26.4-3(f) , subject to the allowable be two hundred seventy-five
one hundred seventy-five megawatts, alternating current ( 275 175 MWac), under § 39-26.4-
3(a)(1)(vi), the credit shall be reduced by twenty percent (20%).
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, 2060.
(23) “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.
(24) “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.
(25) “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 financing 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.
(a) The following policies regarding net metering of electricity from eligible net-metering
systems and community remote net-metering systems and regarding any person that is a renewable
self-generator shall apply:
(1)(i) The maximum allowable capacity for eligible net-metering systems, based on
nameplate capacity, shall be ten megawatts (10 MW).
(ii) Eligible net-metering systems shall be sited outside of core forests with the exception
of development on preferred sites in the core forest and the exception of systems that, as of April
15, 2023, (A) Have submitted a complete application to the appropriate municipality for any
required permits and/or zoning changes, or (B) Have requested an interconnection study for which
payment has been received by the distribution company, or (C) If an interconnection study is not
required, systems that have a completed and paid interconnection application.
(iii) For systems developed in core forests on preferred sites, no more than one hundred
thousand square feet (100,000 sq. ft) of core forest shall be removed, except for work required for
utility interconnection or development of a brownfield, in which case no more core forest than
necessary for interconnection or brownfield development shall be removed.
(iv) The aggregate amount of net metering in the Block Island Utility District doing
business as Block Island Power Company and the Pascoag Utility District shall not exceed a
maximum percentage of peak load for each utility district as set by the utility district based on its
operational characteristics, subject to commission approval.
(v) Through December 31, 2018, the maximum aggregate amount of community remote
net-metering systems built shall be thirty megawatts (30 MW). Any of the unused MW amount
after December 31, 2018, shall remain available to community remote net-metering systems until
the MW aggregate amount is interconnected.
(vi) The maximum aggregate capacity of remote net metering allowable for ground-
mounted eligible net-metering systems, as defined by § 39-26.4-2(6), with the exception of systems
under § 39-26.4-3(e) and systems that have, as of April 15, 2023, submitted a complete application
to the appropriate municipality for any required permits and/or zoning changes or 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 the
distribution company as of June 24, 2023, shall be two hundred seventy-five one hundred seventy-
five megawatts, alternating current ( 275 175 MWac), excluding off-shore wind. None of the
systems to which this cap applies shall be in core forests unless on a preferred site located within
the core forest. A project counts against this maximum if it is in operation or under construction by
1 July 1, 2030 December 31, 2032 , as determined by the local distribution company. All eligible
2 ground-mounted net-metering systems must be under construction or in operation by July 1, 2030
3 December 31, 2032 . This restriction shall not apply to the following: (A) The eligible net-metering
system is interconnected behind the same meter as the net-metering customer’s load; and/or (B)
The energy generated by the eligible net-metering system is consumed by net-metered electric
service account(s) of the same owner of record that are actually located on the same or contiguous
parcels as the eligible net-metering system.
(2) For ease of administering net-metered accounts and stabilizing net-metered account
bills, the electric distribution company may elect (but is not required) to estimate for any twelve-
month (12) period:
(i) The production from the eligible net-metering system or community remote net-
metering system; and
(ii) Aggregate consumption of the net-metered accounts at the eligible net-metering system
site or the sum of the consumption of the eligible credit-recipient accounts associated with the
community remote net-metering system, and establish a monthly billing plan that reflects the
expected credits that would be applied to the net-metered accounts over twelve (12) months. The
billing plan would be designed to even out monthly billings over twelve (12) months, regardless of
actual production and usage. If such election is made by the electric distribution company, the
electric distribution company would reconcile payments and credits under the billing plan to actual
production and consumption at the end of the twelve-month (12) period and apply any credits or
charges to the net-metered accounts for any positive or negative difference, as applicable. Should
there be a material change in circumstances at the eligible net-metering system site or associated
accounts during the twelve-month (12) period, the estimates and credits may be adjusted by the
electric distribution company during the reconciliation period. The electric distribution company
also may elect (but is not required) to issue checks to any net-metering customer in lieu of billing
credits or carry-forward credits or charges to the next billing period. For residential-eligible net-
metering systems and community remote net-metering systems twenty-five kilowatts (25 KW) or
smaller, the electric distribution company, at its option, may administer renewable net-metering
credits month to month allowing unused credits to carry forward into the following billing period.
(3) If the electricity generated by an eligible net-metering system or community remote
net-metering system during a billing period is equal to, or less than, the net-metering customer’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 during the billing period, the
customer shall receive renewable net-metering credits, that shall be applied to offset the net-
metering customer’s usage on accounts at the eligible net-metering system site, or shall be used to
credit the eligible credit-recipient’s electric account.
(4) If the electricity generated by an eligible net-metering system or community remote
net-metering system during a billing period is greater than the net-metering customer’s usage on
accounts 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 billing
period, the customer shall be paid by excess renewable net-metering credits for the excess
electricity generated; provided that, for any excess electricity generated by a system with a
nameplate capacity in excess of twenty-five kilowatts (25 KW), excess renewable net-metering
credits shall be limited to excess up to an additional twenty-five percent (25%) beyond the net-
metering customer’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
during the billing period; unless the electric distribution company and net-metering customer have
agreed to a billing plan pursuant to subsection (a)(2). Subject to the completion of any applicable
annual reconciliation of renewable net-metering credits and excess renewable net metering credits,
customers shall have the option to cash out any credit balance remaining provided that the amount
of the cash out shall be the lower of:
(i) The credit balance shown from the annual reconciliation of the applicable account; or
(ii) The credit balance on the applicable account on the date the electric distribution
company processes the cash out.
(5) The rates applicable to any net-metered account shall be the same as those that apply
to the rate classification that would be applicable to such account in the absence of net metering,
including customer and demand charges, and no other charges may be imposed to offset net-
metering credits.
(b) The commission shall exempt electric distribution company customer accounts
associated with an eligible net-metering system from back-up or standby rates commensurate with
the size of the eligible net-metering system, provided that any revenue shortfall caused by any such
exemption shall be fully recovered by the electric distribution company through rates.
(c) Any prudent and reasonable costs incurred by the electric distribution company
pursuant to achieving compliance with subsection (a) and the annual amount of any renewable net-
metering credits or excess renewable net-metering credits provided to accounts associated with
eligible net-metering systems or community remote net-metering systems, shall be aggregated by
the distribution company and billed to all distribution customers on an annual basis through a
uniform, per-kilowatt-hour (KWh) surcharge embedded in the distribution component of the rates
reflected on customer bills.
(d) The billing process set out in this section shall be applicable to electric distribution
companies thirty (30) days after the enactment of this chapter.
(e) The Rhode Island office of energy resources shall redesign the community solar remote
net metering program to reflect the provisions of this chapter and to include a commercial or
industrial anchor tenant up to but not to exceed fifty percent (50%) of the project. The remaining
fifty percent (50%) must be allocated or subscribed to low- and moderate-income (LMI) residents
and/or those living in areas defined as disadvantaged and environmental justice communities. The
Rhode Island office of energy resources shall design the net metering credit rate and factor in
federal energy funding and tax credits to develop the most cost-effective rate for community solar
projects. It is expected that these projects will be operational for a twenty-year (20) period. The
Rhode Island office of energy resources shall file a benefit and cost analysis with any program
proposal filed to the Rhode Island public utilities commission. Once the Rhode Island office of
energy resources files a program proposal to the Rhode Island public utilities commission, a docket
shall be established, and the Rhode Island public utilities commission shall issue a ruling on the
program no later than one hundred and fifty (150) days. If a program is approved, it will be subject
to no greater than twenty megawatts (20 MW) per year for two years until the forty megawatts (40
MW) cap is met. Eligible net-metering systems shall be sited outside of core forests with the
exception of development on preferred sites in the core forest.
(f)(1) An eligible net-metering system owned by, or operated on behalf of, a public entity,
educational institution, hospital, nonprofit, or multi-municipal collaborative, or for a commercial
or industrial customer through a net-metering financing arrangement, or an eligible community
remote net-metering system may make a one-time, irrevocable election by the later of: (i) the date
that is ninety (90) days after the commission approves a tariff pursuant to § 39-26.4-3(f)(2); or (ii)
the date that is sixty (60) days after execution of an interconnection agreement, to receive a fixed
renewable net-metering credit rate of nineteen cents ($0.19) per kilowatt-hour. Such fixed credit
rate shall be increased by 2.75% on a compound annual basis beginning January 1, 2028, and on
28 January 1 of each year thereafter. The fixed credit rate elected pursuant to this subsection shall
apply for a term of twenty-five (25) years from the date of such election and shall be governed by
§ 39-26.4-3(f)(4). Eligible net-metering systems making an election under this subsection shall
remain subject to the requirements of § 39-26.4-3(a)(4).
(2) No later than August 15, 2026, the electric distribution company shall file a tariff with
the commission to implement the fixed renewable net-metering credit for eligible net metering
systems that elect such credit, under terms and conditions set forth in the tariff. The tariff shall set
forth, at a minimum, the rights and obligations of the eligible net-metering systems and the electric
distribution company, including the conditions governing the calculation and payment of credits
by the electric distribution company. The commission shall approve a tariff no later than December
1, 2026.
(3) The commission shall have the authority to determine the final terms and conditions in
the tariff that is filed with the commission pursuant to this section. Once approved, the commission
shall retain exclusive jurisdiction over all payments, terms, conditions, rights, enforcement, and
implementation of the tariff, subject to appeals pursuant to chapter 5 of this title.
(4) It is the intention of the general assembly in enacting this provision that the developers,
owners, investors, customers, and lenders of eligible net-metering systems receiving credits under
the tariff be able to rely on the tariff for the entire term of the tariff for purposes of obtaining
financing. Consistent with that intention and expectation, the terms under the tariff, once approved
by the commission, shall not be altered in any way that would undermine such reliance on those
tariffs during the applicable terms of the tariff; and in no circumstance will the credit rate paid to
an eligible net-metering system be reduced during the term of the tariff once a project has elected
to receive a tariff under the terms of this chapter.
SECTION 6. Chapter 39-26 of the General Laws entitled "Renewable Energy Standard" is
hereby amended by adding thereto the following section:
(a) Zero-emission resources are:
(1) Nuclear energy resources, meaning electricity generated by a nuclear fission or nuclear
fusion facility that is licensed by the United States Regulatory Commission or its successor, and
that produces no direct emissions of greenhouse gases or criteria air pollutants at the point of
generation.
(2) Large-scale hydroelectric facilities, meaning hydroelectric generation units that are not
“small hydro facilities” as defined in § 39-26-2, that generate electricity through the conversion of
the energy of flowing or falling water and that produce no direct emissions of greenhouse gases or
criteria air pollutants at the point of generation.
(b) For the purposes of the regulations promulgated under this chapter, eligible zero-
emission energy resources are generation units in the NEPOOL control area using zero-emission
energy resources as defined in this section.
(c) A generation unit located in an adjacent control area outside of the NEPOOL may
qualify as an eligible zero-emission energy resource, but the associated generation attributes shall
be applied to any zero-emission standard established under this chapter only to the extent that the
energy produced by the generation unit is actually delivered into NEPOOL for consumption by
New England customers. The delivery of the energy from the generation unit into NEPOOL shall
be demonstrated by:
(1) A unit-specific bilateral contract for the sale and delivery of such energy into NEPOOL;
(2) Confirmation from ISO-New England that the zero-emission energy was actually
settled in the NEPOOL system; and
(3) Confirmation through the North American Electric Reliability Corporation tagging
system, or its successor, that the import of the energy into NEPOOL actually occurred; or
(4) Any such other requirements as the commission deems appropriate.
(d) NE-GIS certificates associated with the energy production from off-grid generation and
customer-sited generation facilities certified by the commission as eligible zero-emission energy
resources may also be used to demonstrate compliance with any zero-emission standard.
SECTION 7. Sections 39-26-1, 39-26-2, 39-26-4 and 39-26-6 of the General Laws in
Chapter 39-26 entitled "Renewable Energy Standard" are hereby amended to read as follows:
The General Assembly finds that:
(1) The people and energy users of Rhode Island have an interest in having electricity
supplied in the state come from a diversity of energy sources including renewable and zero-
emission resources;
(2) Increased use of renewable and zero-emission energy may have the potential to lower
and stabilize future energy costs and protect ratepayers from the volatility of regional energy
markets ;
(3) Increased use of renewable and zero-emission energy can reduce air pollutants,
including carbon dioxide emissions, that adversely affect public health and contribute to global
warming;
(4) Massachusetts, Connecticut, and other states have established renewable and zero-
emission energy standard programs to encourage the development of renewable energy sources;
(5) It is in the interest of the people, in order to protect public health and the environment
and to promote the general welfare and to ensure affordability and reliability , to establish a
renewable and zero-emission energy standard program to increase levels of electrical energy
supplied in the state from renewable resources in a manner that prioritizes efficiency and cost-
effectiveness .
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.
(1) “Alternative compliance payment” starting with compliance year 2026 means a
payment made in lieu of standard means of compliance with this statute, as follows:
(i) For new renewable energy and zero-emission resources, an alternative compliance
payment of forty dollars ($40.00) per megawatt-hour of renewable energy obligation;
(ii) For existing renewable energy and zero-emission resources, an alternative compliance
payment of eleven dollars ($11.00) per megawatt-hour of renewable energy obligation;
(iii) All such payments shall be deposited into the renewable energy development fund and
distributed in accordance with § 39-26-7.
(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 biodiesel 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) “High-heat medical waste processing facility” means a facility that:
(i) Generates electricity from the combustion, gasification, or pyrolysis of regulated
medical waste;
(ii) Generates electricity from the combustion of fuel derived from the gasification or
pyrolysis of regulated medical waste; or
(iii) Disposes of, processes, or treats regulated medical waste through combustion,
gasification, pyrolysis, or any process that exposes waste to temperatures above four hundred
degrees Fahrenheit (400ºF).
(13) “NE-GIS” means the generation information system operated by NEPOOL, its
designee or successor entity, that includes a generation information database and certificate system,
and that accounts for the generation attributes of electrical energy consumed within NEPOOL.
(14) “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.
(15) “NEPOOL” means the New England Power Pool or its successor.
(16) “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.
(17) “Obligated entity” means a person or entity who or 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.
(18) “Off-grid generation facility” means a generation unit that is not connected to a utility
transmission or distribution system.
(19) “Renewable energy resource” means any one or more of the renewable energy
resources described in § 39-26-5(a).
(20) “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.
(21) “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 certificates from the NE-GIS.
(22) “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.
(23) “Small hydro facility” means a facility employing one or more hydroelectric turbine
generators and with an aggregate capacity not exceeding thirty megawatts (30 MW). For purposes
of this definition, “facility” shall be defined in a manner consistent with Title 18 of the Code of
Federal Regulations, section 292.204; provided, however, that the size of the facility is limited to
thirty megawatts (30 MW), rather than eighty megawatts (80 MW).
(a) Starting in compliance year 2007, all obligated entities shall obtain at least three percent
(3%) of the electricity they sell at retail to Rhode Island end-use customers, adjusted for electric
line losses, from eligible renewable energy resources, escalating, according to the following
schedule:
(1) At least three percent (3%) of retail electricity sales in compliance year 2007;
(2) An additional one-half of one percent (0.5%) of retail electricity sales in each of the
following compliance years 2008, 2009, 2010;
(3) An additional one percent (1%) of retail electricity sales in each of the following
compliance years 2011, 2012, 2013, 2014, provided that the commission has determined the
adequacy, or potential adequacy, of renewable energy supplies to meet these percentage
requirements;
(4) There shall be no increase to the renewable energy standard for compliance year 2015,
and the incremental increases shall resume in the subsequent compliance years as provided in
subsections (a)(5) through (a)(12) of this section;
(4) (5) An additional one and one-half percent (1.5%) of retail electricity sales in each of
31 the following compliance years 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022;
32 (5) (6) [Deleted by P.L. 2016, ch. 144, § 1 and P.L. 2016, ch. 155, § 1.]
(6) (7) An additional four percent (4%) of retail electricity sales in 2023;
(7) (8) An additional five percent (5%) of retail electricity sales in 2024;
(8) (9) An additional six percent (6%) of retail electricity sales in 2025;
(9) (10) An additional seven percent (7%) of retail electricity sales in 2026 and 2027;
(10) (11) An additional seven and one-half percent (7.5%) of retail electricity sales in 2028;
(11) (12) An additional eight percent (8%) of retail electricity sales in 2029;
(12) (13) An additional eight and one-half percent (8.5%) of retail electricity sales in 2030;
(13) (14) An additional nine percent (9%) of retail electricity sales in 2031; and
(14) (15) An additional nine and one-half percent (9.5%) of retail electricity sales in 2032
and 2033 to achieve the goal that one hundred percent (100%) of Rhode Island’s retail electricity
demand sales is from renewable energy and zero-emission resources by 2033 and each year
thereafter.
(b) For each obligated entity and in each compliance year, the amount of retail electricity
sales used to meet obligations under this statute that are derived from existing renewable energy
and zero-emission resources shall not exceed two percent (2%) of total retail electricity sales
through compliance year 2026. For compliance year 2027, for each obligated entity the amount of
retail electricity sales used to meet obligations under this statute that are derived from existing
renewable energy resources and zero-emission resources shall not exceed fourteen percent (14%)
of total retail sales and an additional one percent (1% ) of total retail electricity sales for each of
compliance years, 2028, 2029, 2030, 2031, 2032, and for compliance year 2033 and each
compliance year thereafter, shall not exceed twenty percent (20%) .
(c) The minimum renewable energy percentages set forth in subsection (a) shall be met for
each electrical energy product offered to end-use customers, in a manner that ensures that the
amount of renewable energy of end-use customers voluntarily purchasing renewable energy is not
counted toward meeting such percentages. Notwithstanding the foregoing, municipalities engaged
in aggregation pursuant to § 39-3-1.2 may include in their aggregation plan terms that would allow
voluntary renewable energy products to be counted toward meeting such percentages. In 2024, the
commission, with input from the office of energy resources, division of public utilities and carriers,
obligated entities, other market participants, and the public, shall assess the impact of allowing
voluntary renewable energy purchases to be counted toward meeting the annual percentages. The
commission shall submit a report of its findings and recommendations to the governor, speaker of
the house, and senate president no later than September 1, 2024.
(d) To the extent consistent with the requirements of this chapter, compliance with the
renewable energy standard may be demonstrated through procurement of NE-GIS certificates
relating to generating units certified by the commission as using eligible renewable energy sources
and zero-emission resources , as evidenced by reports issued by the NE-GIS administrator.
Procurement of NE-GIS certificates from off-grid and customer-sited generation facilities, verified
by the commission as eligible renewable energy resources and zero-emission resources , may also
be used to demonstrate compliance. With the exception of contracts for generation supply entered
into prior to 2002, initial title to NE-GIS certificates from off-grid and customer-sited generation
facilities and from all other eligible renewable energy and zero-emission resources, shall accrue to
the owner of such a generation facility, unless such title has been explicitly deemed transferred
pursuant to contract or regulatory order.
(e) In lieu of providing NE-GIS certificates pursuant to subsection (d) of this section, an
obligated entity may also discharge all or any portion of its compliance obligations by making an
alternative compliance payment to the renewable energy development fund established pursuant to
(f) Retail electricity sales pursuant to a nonregulated power producer’s supply contract that
was executed prior to July 1, 2022, shall be required to obtain an additional one and one-half percent
(1.5%) of retail electricity sales each year and are exempted from the requirements of subsections
(a)(6) through (a)(14) of this section until the end date of the term of the nonregulated power
producer’s supply contract.
(a) The commission shall:
(1) Develop and adopt regulations on or before December 31, 2005, for implementing a
renewable energy standard, which regulations shall include, but be limited to, provisions for:
(i) Verifying the eligibility of renewable energy and zero-emission generators and the
production of energy from such generators, including requirements to notify the commission in the
event of a change in a generator’s eligibility status;
(ii) Standards for contracts and procurement plans for renewable energy and zero-emission
resources to achieve the purposes of this chapter;
(iii) Flexibility mechanisms for the purposes of easing compliance burdens; facilitating
bringing new renewable resources on-line; and avoiding and/or mitigating conflicts with state-level
source disclosure requirements and green marketing claims throughout the region; which flexibility
mechanisms shall allow obligated entities to: (A) Demonstrate compliance over a compliance year;
and (B) Bank excess compliance for new and existing renewable and zero-emissions resources for
two (2) subsequent compliance years, capped at thirty percent (30%) of the current year’s obligation
up to three (3) subsequent compliance years with no limitation on quantity ; and
(iv) Annual compliance filings to be made by all obligated entities within one month after
NE-GIS reports are available for the fourth (4th) quarter of each calendar year. All electric-utility-
distribution companies shall cooperate with the commission in providing data necessary to assess
the magnitude of obligation and verify the compliance of all obligated entities.
(2) Authorize rate recovery by electric-utility-distribution companies of all prudent
incremental costs arising from the implementation of this chapter, including, without limitation:
the purchase of NE-GIS certificates including certificates from zero-emission resources ; the
payment of alternative compliance payments; required payments to support the NE-GIS;
assessments made pursuant to § 39-26-7(c); and the incremental costs of complying with energy
source disclosure requirements.
(3) Certify eligible renewable energy and zero-emission resources by issuing statements of
qualification within ninety (90) days of application. The commission shall provide prospective
reviews for applicants seeking to determine whether a facility would be eligible.
12 (4) [Deleted by P.L. 2022, ch. 218, § 1 and P.L. 2022, ch. 226, § 1.]
(5) Establish sanctions for those obligated entities that, after investigation, have been found
to fail to reasonably comply with the commission’s regulations. No sanction or penalty shall relieve
or diminish an obligated entity from liability for fulfilling any shortfall in its compliance obligation;
provided, however, that no sanction shall be imposed if compliance is achieved through alternative
compliance payments. The commission may suspend or revoke the certification of generation units,
certified in accordance with subsection (a)(3) of this section, that are found to provide false
information or that fail to notify the commission in the event of a change in eligibility status or
otherwise comply with its rules. Financial penalties resulting from sanctions from obligated entities
shall not be recoverable in rates.
(6) Report, by February 15, 2006, and by February 15 each year thereafter, to the governor,
the speaker of the house, and the president of the senate on the status of the implementation of the
renewable energy standards in Rhode Island and other states, and which report shall include in
2009, and each year thereafter, the level of use of renewable energy certificates by eligible
renewable energy and zero-emission resources and the portion of renewable energy standards met
through alternative compliance payments, and the amount of rate increases authorized pursuant to
subsection (a)(2) of this section.
(b) Consistent with the public policy objective of developing renewable generation as an
option in Rhode Island, and subject to the review and approval of the commission, the electric
distribution company is authorized to propose and implement pilot programs to own and operate
no more than fifteen megawatts (15 MW) of renewable-generation demonstration projects in Rhode
Island and may include the costs and benefits in rates to distribution customers. At least two (2)
demonstration projects shall include renewable generation installed at, or in the vicinity of
nonprofit, affordable-housing projects where energy savings benefits are provided to reduce
electric bills of the customers at the nonprofit, affordable-housing projects. Any renewable-
generation proposals shall be subject to the review and approval of the commission. The
commission shall annually make an adjustment to the minimum amounts required under the
renewable energy standard under this chapter in an amount equal to the kilowatt hours generated
by such units owned by the electric distribution company. The electric and gas distribution
company shall also be authorized to propose and implement smart-metering and smart-grid
demonstration projects in Rhode Island, subject to the review and approval of the commission, in
order to determine the effectiveness of such new technologies for reducing and managing energy
consumption, and may include the costs of such demonstration projects in distribution rates to
electric customers to the extent the project pertains to electricity usage and in distribution rates to
gas customers to the extent the project pertains to gas usage.
SECTION 8. Chapter 39-26 of the General Laws entitled "Renewable Energy Standard" is
hereby amended by adding thereto the following section:
(a) On or before January 1, 2027, the public utilities commission shall conduct a
comprehensive review of:
(1) The status of the state’s progress toward meeting the renewable energy standard;
(2) The status of the state’s progress toward meeting the greenhouse gas emissions
reduction requirements;
(3) The extent to which renewable energy procurement and development within the state
is sufficient to ensure long-term compliance with such requirements;
(4) The impact on meeting mandated carbon reduction goals in § 42-6.2-9;
(5) Estimated cost of compliance of the renewable energy standard; and
(6) Recommendations for creation of an intervenor compensation program to provide
compensation in the form of a grant for legal fees, expert witness fees and other reasonable costs
to an intervenor in public utility commission proceedings.
(b) On or before December 31, 2027, public utilities commission shall submit a report of
their findings, and recommendation of actions required pursuant to this section, to the governor,
the speaker of the house, the president of the senate, and the chairs of the house committees on
environment and natural resources, finance, and corporations and the senate committees on finance,
environment and agriculture, and commerce. The report shall detail the following:
(1) Renewable and zero-emission resources used for compliance;
(2) Estimated cost of compliance of the renewable energy standard;
(3) Impact on meeting mandated carbon reduction goals in § 42-6.2-9; and
(4) Any statutory changes needed to reach the 2033 targets established pursuant to this
chapter.
SECTION 9. Section 39-31-11 of the General Laws in Chapter 39-31 entitled "Affordable
Clean Energy Security Act" is hereby repealed.
39-31-11. Financial remuneration and incentives.
In order to achieve the purposes of this chapter, electric distribution companies shall be
entitled to financial remuneration and incentives for long-term contracts for newly developed
renewable energy resources, which are over and above the base rate revenue requirement
established in its cost of service for distribution ratemaking. Such remuneration and incentives shall
compensate the electric distribution company for accepting the financial obligation of the long-
term contracts. For long-term contracts approved pursuant to this chapter on or after January 1,
2022, the financial remuneration and incentives shall be in the form of annual compensation up to
one percent (1.0%) of the actual annual payments made under the contracts through December 31,
2026, for those projects that are commercially operating. For long-term contracts approved
pursuant to this chapter on or after January 1, 2027, financial remuneration and incentives shall not
be applied, unless otherwise granted by the commission. For any calendar year in which the electric
distribution company’s actual return on equity exceeds the return on equity allowed by the
commission in the electric distribution company’s last general rate case, the commission shall have
the authority to adjust any or all remuneration paid to the electric distribution company pursuant to
this section in order to assure that such remuneration does not result in or contribute toward the
electric distribution company earning above its allowed return for such calendar year.
SECTION 10. Chapter 42-12 of the General Laws entitled "Department of Human
Services" is hereby amended by adding thereto the following section:
(a) There is hereby transferred from the department of human services to the office of
energy resources the administration, management, all functions and resources associated with:
(1) The weatherization assistance program which offers weatherization grants and heating
system upgrades using funds from the federal department of energy and the federal low-income
home energy assistance program, and any state funded or privately funded weatherization
assistance program of a similar nature assigned to it;
(b) The department is authorized to offer advisory assistance to the office of energy
resources in order to maintain continuity to eligible households.
SECTION 11. Section 42-12-1.5 of the General Laws in Chapter 42-12 entitled
"Department of Human Services" is hereby amended to read as follows:
(a) There is hereby transferred from the office of energy resources to the department of
human services the administration, management, all functions and resources associated with:
(1) The federal low-income home energy assistance program (LIHEAP), which provides
heating assistance to eligible low-income persons and any state funded or privately funded heating
assistance program of a similar nature assigned to it for administration;
(2) The weatherization assistance program, which offers home weatherization grants and
heating system upgrades to LIHEAP eligible households; and,
(3) (2) The emergency fuel program, which provides oil deliveries to families experiencing
a heating emergency.
(b) The department is authorized to request advisory assistance from the office of energy
resources in order to maintain continuity of assistance provided to LIHEAP eligible households
pursuant to § 39-2-1(d).
SECTION 12. Section 42-140-3 of the General Laws in Chapter 42-140 entitled "Rhode
Island Energy Resources Act" is hereby amended to read as follows:
17 42-140-3. Purposes.
The purposes of the office shall be to:
(1) Develop and put into effect plans and programs to promote, encourage, and assist the
provision of energy resources for Rhode Island in a manner that enhances economic well-being,
social equity, and environmental quality;
(2) Monitor, forecast, and report on energy use, energy prices, and energy demand and
supply forecasts, and make findings and recommendations with regard to energy supply diversity,
reliability, and procurement, including least-cost procurement;
(3) Develop and to put into effect plans and programs to promote, encourage, and assist
the efficient and productive use of energy resources in Rhode Island, and to coordinate energy
programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of
conservation and efficiency of investments;
(4) Monitor and report technological developments that may result in new and/or improved
sources of energy supply, increased energy efficiency, and reduced environmental impacts from
energy supply, transmission, and distribution;
(5) Administer the programs, duties, and responsibilities heretofore exercised by the state
energy office, except as these may be assigned by executive order or the general laws to other
departments and agencies of state government;
(6) Develop, recommend, and, as appropriate, implement integrated and/or comprehensive
strategies, including at regional and federal levels, to secure Rhode Island’s interest in energy
resources, their supply and efficient use, and as necessary to interact with persons, private sector,
nonprofit, regional, federal entities and departments and agencies of other states to effectuate this
purpose;
(7) Cooperate with agencies, departments, corporations, and entities of the state and of
political subdivisions of the state in achieving its purposes;
(8) Cooperate with and assist the state planning council and the division of state planning
in developing, maintaining, and implementing state guide plan elements pertaining to energy and
renewable energy;
(9) Coordinate the energy efficiency, least-cost procurement, and systems reliability plans
and programs with the energy efficiency and resources management council;
(10) Participate in, monitor implementation of, and provide technical assistance for the
low-income home energy assistance program enhancement plan established pursuant to § 39-1-
27.12;
(11) Participate in and monitor the distributed generation standard contracts program
pursuant to chapter 26.2 of title 39;
(12) (11) Coordinate opportunities with and enter into contracts and/or agreements with the
commerce corporation associated with the energy efficiency, least-cost procurement, system
reliability, and renewable energy fund programs;
(13) (12) Provide support and information to the division of planning and the state planning
council in the development of a ten-year (10) Rhode Island Energy Guide Plan, which shall be
reviewed and amended if necessary every five (5) years;
(13) Administer the federal Weatherization Assistance Program and any state or privately
funded weatherization program;
(14) Advise and provide technical assistance to state and federally funded energy programs
to support:
(i) The federal low-income home energy assistance program which provides heating
assistance to eligible low-income persons and any state funded or privately funded heating
assistance program of a similar nature assigned to it for administration;
(ii) The weatherization assistance program which offers home weatherization grants and
heating system upgrades to eligible persons of low-income;
(iii) The emergency fuel program which provides oil deliveries to families experiencing a
heating emergency;
(iv) The energy conservation program, which offers service and programs to all sectors;
(v) [Deleted by P.L. 2008, ch. 228, § 2, and P.L. 2008, ch. 422, § 2.]
(15) Advise the commerce corporation in the development of standards and rules for the
solicitation and award of renewable energy program investment funds in accordance with § 42-64-
13.2;
(16) Develop, recommend, and evaluate energy programs for state facilities and operations
in order to achieve and demonstrate the benefits of energy-efficiency, diversification of energy
supplies, energy conservation, and demand management; and
(17) Advise the governor and the general assembly with regard to energy resources and all
matters relevant to achieving the purposes of the office.
SECTION 13. Chapter 42-140 of the General Laws entitled "Rhode Island Energy
Resources Act" is hereby amended by adding thereto the following section:
(a) Definitions. For the purposes of this section:
(1) “Department” means all state departments whose directors are enumerated in § 42-6-3
and shall additionally include the executive office of health and human services, the executive
office of commerce, and the executive office of housing.
(2) “Public buildings” for the purpose of this section means all municipal and school
buildings owned by a municipality that are at least twenty-five thousand gross square feet (25,000
GSF).
(3) “State-owned, state-occupied facilities” means buildings owned by the state that
primarily contain offices or other administrative work space for state employees and are at least
twenty-five thousand gross square feet (25,000 GSF).
(b) State facilities energy usage reporting
(1) State departments, coordinated and supported by the office of energy resources, shall
be required to measure and report monthly energy usage by energy source for their respective state-
owned, state-occupied facilities, as well as the gross square footage for each building.
(2) Beginning March 31, 2029, and recurring annually thereafter, departments, coordinated
and supported by the office of energy resources, shall report to the office energy use data by source
for state-owned, state-occupied facilities for the preceding calendar year. No later than one hundred
eighty (180) days from the March 31 reporting deadline each year, the office shall compile, publish
and post on its website each facility’s energy use data by fuel and total emissions.
(c) State facilities benchmarking and performance standards program
(1) Utilizing the data due March 31, 2029, in subsection (b)(2), the office of energy
resources shall, with consultation from departments, develop and publish performance standards
for state-owned, state-occupied facilities by March 31, 2030 and may update the performance
standards and any revision to the standards thereafter. The performance standards published must
include:
(i) An annualized emissions standard based on energy usage for each state-owned, state-
occupied facility as necessary, to achieve by specified dates;
(ii) A schedule for compliance terminating in 2050; and
(iii) The cost-benefit analysis used to determine which state-owned, state-occupied
facilities are assigned performance standards, as set forth in subsection (c)(2) below.
(2) The performance standards shall be determined by evaluating:
(i) The total amount of emissions reductions that could be achieved while maintaining state
operations;
(ii) The relative contribution of the emissions reductions to decadal targets established by
§ 42-6.2-2 compared to other strategies, programs, and actions established by the executive climate
change coordinating council in its plan due December 31, 2025, in accordance with § 42-6.2-
2(2)(i); and
(iii) The fiscal impacts of achieving the performance standards.
(3) The departments shall meet the performance standards set in accordance with
subsection (c)(2). No later than ninety (90) days after each specified compliance date established
in accordance with subsection (c)(1), the office of energy resources shall publish a performance
standards compliance report demonstrating the status of each state-owned, state-occupied facility
subject to a performance standard and post on its website. In the event that a state-owned, state-
occupied facility fails to meet a performance standard, the office of energy resources shall provide
a corrective action plan with which the state-owned, state-occupied facility shall comply within
ninety (90) days of the compliance deadline.
(4) Subsections (c)(1), (c)(2), and (c)(3) shall not apply to state-owned, state-occupied
facilities which the office and department of administration determine are not suitable candidates
for achieving greenhouse gas emission reductions due to economic infeasibility or unique
operational or physical limitations. Any such determinations shall be published in addition to the
standards required in subsection (c)(2) and posted on the office’s website.
(d) Voluntary energy benchmarking program for public buildings
(i) The office of energy resources shall provide technical and financial assistance to
municipalities for a voluntary public buildings energy benchmarking program of public buildings
on municipal properties in which buildings are greater than twenty-five thousand square feet
1 (25,000 ft 2 ).
(ii) The office of energy resources shall maintain a website that tracks its implementation
of the voluntary public buildings energy benchmarking program. The office shall submit to the
governor and general assembly by May 1, 2028, and annually thereafter a progress report on the
voluntary public buildings energy benchmarking program.
SECTION 14. This article shall take effect upon passage.
=======
art.012/6/012/5/012/4/012/3/012/2
=======
RELATING TO HEALTH CARE
SECTION 1. Section 5-19.1-2 of the General Laws in Chapter 5-19.1 entitled "Pharmacies"
is hereby amended to read as follows:
(a) “Biological product” means a “biological product” as defined in the “Public Health
Service Act,” 42 U.S.C. § 262.
(b) “Board” means the Rhode Island board of pharmacy.
(c) “Change of ownership” means:
(1) In the case of a pharmacy, manufacturer, or wholesaler that is a partnership, any change
that results in a new partner acquiring a controlling interest in the partnership;
(2) In the case of a pharmacy, manufacturer, or wholesaler that is a sole proprietorship, the
transfer of the title and property to another person;
(3) In the case of a pharmacy, manufacturer, or wholesaler that is a corporation:
(i) A sale, lease exchange, or other disposition of all, or substantially all, of the property
and assets of the corporation; or
(ii) A merger of the corporation into another corporation; or
(iii) The consolidation of two (2) or more corporations resulting in the creation of a new
corporation; or
(iv) In the case of a pharmacy, manufacturer, or wholesaler that is a business corporation,
any transfer of corporate stock that results in a new person acquiring a controlling interest in the
corporation; or
(v) In the case of a pharmacy, manufacturer, or wholesaler that is a non-business
corporation, any change in membership that results in a new person acquiring a controlling vote in
the corporation.
(d) “Compounding” means the act of combining two (2) or more ingredients as a result of
a practitioner’s prescription or medication order occurring in the course of professional practice
based upon the individual needs of a patient and a relationship between the practitioner, patient,
and pharmacist. Compounding does not mean the routine preparation, mixing, or assembling of
drug products that are essentially copies of a commercially available product. Compounding shall
only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and
includes the preparation of drugs or devices in anticipation of prescription orders based upon
routine, regularly observed prescribing patterns.
(e) “Controlled substance” means a drug or substance, or an immediate precursor of such
drug or substance, so designated under, or pursuant to, the provisions of chapter 28 of title 21.
(f) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one
person to another of a drug or device, whether or not there is an agency relationship.
(g) “Device” means instruments, apparatus, and contrivances, including their components,
parts, and accessories, intended:
(1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans
or other animals; or
(2) To affect the structure or any function of the body of humans or other animals.
(h) “Director” means the director of the Rhode Island state department of health.
(i) “Dispense” means the interpretation of a prescription or order for a drug, biological
product, or device and, pursuant to that prescription or order, the proper selection, measuring,
compounding, labeling, or packaging necessary to prepare that prescription or order for delivery or
administration.
(j) “Distribute” means the delivery of a drug or device other than by administering or
dispensing.
(k) “Drug” means:
(1) Articles recognized in the official United States Pharmacopoeia or the Official
Homeopathic Pharmacopoeia of the U.S.;
(2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or other animals;
(3) Substances (other than food) intended to affect the structure, or any function, of the
body of humans or other animals; or
(4) Substances intended for use as a component of any substances specified in subsection
(k)(1), (k)(2), or (k)(3), but not including devices or their component parts or accessories.
(l) “Equivalent and interchangeable” means a drug, excluding a biological product, having
the same generic name, dosage form, and labeled potency, meeting standards of the United States
Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation
of the requirements of the United States Food and Drug Administration, or its successor agency, or
the Rhode Island department of health.
(m) “Interchangeable biological product” means a biological product that the United States
Food and Drug Administration has:
(1) Licensed and determined meets the standards for interchangeability pursuant to 42
U.S.C. § 262(k)(4) or lists of licensed, biological products with reference product exclusivity and
biosimilarity or interchangeability evaluations; or
(2) Determined is therapeutically equivalent as set forth in the latest edition of, or
supplement to, the United States Food and Drug Administration’s Approved Drug Products with
Therapeutic Equivalence Evaluations.
(n) “Intern” means:
(1) A graduate of an American Council on Pharmaceutical Education (ACPE)-accredited
program of pharmacy;
(2) A student who is enrolled in at least the first year of a professional ACPE-accredited
program of pharmacy; or
(3) A graduate of a foreign college of pharmacy who has obtained full certification from
the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National
Association of Boards of Pharmacy.
(o) “Legend drugs” means any drugs that are required by any applicable federal or state
law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.
(p) “Limited-function test” means those tests listed in the federal register under the Clinical
Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this
chapter, limited-function test shall include only the following: blood glucose, hemoglobin A1c,
cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by
the United States Food and Drug Administration for sale to the public without a prescription in the
form of an over-the-counter test kit.
(q) “Manufacture” means the production, preparation, propagation, compounding, or
processing of a drug or other substance or device or the packaging or repackaging.
(r) “Non-legend” or “nonprescription drugs” means any drugs that may be lawfully sold
without a prescription.
(s) “Person” means an individual, corporation, government, subdivision, or agency,
business trust, estate, trust, partnership, or association, or any other legal entity.
(t) “Pharmaceutical care” is the provision of drugs and other pharmaceutical services
intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of
a patient’s symptoms, or arresting or slowing of a disease process. “Pharmaceutical care” includes
the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in
response to a prescription after appropriate communication with the prescriber and the patient.
(u) “Pharmacist in charge” means a pharmacist licensed in this state as designated by the
owner as the person responsible for the operation of a pharmacy in conformance with all laws and
regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of
such pharmacy and personnel.
(v) “Pharmacy” means that portion or part of a premise where prescriptions are
compounded and dispensed, including that portion utilized for the storage of prescription or legend
drugs.
(w) “Pharmacy technician” means an individual who meets minimum qualifications
established by the board, that are less than those established by this chapter as necessary for
licensing as a pharmacist, and who works under the direction and supervision of a licensed
pharmacist.
(x) “Practice of pharmacy” means the interpretation, evaluation, and implementation of
medical orders; the dispensing of prescription drug orders; participation in drug and device
selection; the compounding of prescription drugs; drug regimen reviews and drug or drug-related
research; the administration of adult immunizations and, medications approved by the department
of health in consultation with the board of pharmacy for administration by a pharmacist except as
provided by § 5-25-7, pursuant to a valid prescription or physician-approved protocol and in
accordance with regulations, to include training requirements as promulgated by the department of
health; the administration of all forms of influenza immunizations to individuals between the ages
of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber-
approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with
regulations, to include necessary training requirements specific to the administration of influenza
immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive,
as promulgated by the department of health; provision of patient counseling and the provision of
those acts or services necessary to provide pharmaceutical care; the responsibility for the
supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer,
repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and
devices), proper and safe storage of drugs and devices, and maintenance of proper records for them;
and the performance of clinical laboratory tests , provided such testing is limited to limited-function
tests as defined herein ; and engage in the independent prescribing of drugs, drug categories or
devices in accordance with the provision of § 5-19.1-36.1 . Nothing in this definition shall be
construed to limit or otherwise affect the scope of practice of any other profession.
(y) “Practitioner” means a physician, dentist, veterinarian, nurse, or other person duly
authorized by law in the state in which they practice to prescribe drugs.
(z) “Preceptor” means a pharmacist registered to engage in the practice of pharmacy in this
state who has the responsibility for training interns.
(aa) “Prescription” means an order for drugs or devices issued by the practitioner duly
authorized by law in the state in which he or she practices to prescribe drugs or devices in the course
of his or her professional practice for a legitimate medical purpose.
(bb) “Wholesaler” means a person who buys drugs or devices for resale and distribution to
corporations, individuals, or entities other than consumers.
SECTION 2. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby amended
by adding thereto the following section:
(a) In accordance with this chapter and regulations adopted by the department of health, a
pharmacist may engage in the independent prescribing of drugs, drug categories, or devices that
are critical to the improvement of public health in accordance with such products' federal Food and
Drug Administration-approved labeling:
(1) Drugs for medication assisted treatment (MAT) of opioid use disorder;
(2) Nicotine/tobacco cessation products;
(3) Hyperlipidemia medications;
(4) Inhalers for COPD or asthma;
(5) Insulin and diabetes medications;
(6) Drugs to treat hypertension;
(7) Treatment for positive infectious disease point-of-care testing for influenza, COVID-
19, group A strep, and other infections approved by the director;
(8) Such other drugs, drug categories, or devices set forth in the regulations promulgated
by the department of health in collaboration with the board of pharmacy. A prescribing pharmacist
25 may order and review and clinical laboratory test necessary to appropriately prescribe and manage
drugs and devices in accordance with this section.
(b) The department, in collaboration with the board of pharmacy, shall promulgate
regulations, including educational requirements, authorizing a pharmacist to prescribe drugs, drug
categories and devices in accordance with this section.
(c) A pharmacist shall be authorized to charge fees in line with other practitioners for
services or submit said fees to insurance for reimbursement in accordance with all state and federal
laws governing insurance coverage.
(d) The practice of independent prescribing by pharmacists is voluntary and shall not be
mandated by employers or regulatory bodies within this state.
SECTION 3. Sections 5-31.1-1, 5-31.1-6.1 and 5-31.1-39 of the General Laws in Chapter
5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:
As used in this chapter:
(1) “Board” means the Rhode Island board of examiners in dentistry or any committee or
subcommittee of the board.
(2) “Chief of the division of oral health” means the chief of the division of oral health of
the Rhode Island department of health who is a licensed dentist possessing a master’s degree in
public health or a certificate in public health from an accredited program.
(3) “Dental administrator” means the administrator of the Rhode Island board of examiners
in dentistry.
(4) “Dental hygienist” means a person with a license to practice dental hygiene in this state
under the provisions of this chapter.
(5) “Dentist” means a person with a license to practice dentistry in this state under the
provisions of this chapter.
(6) “Dentistry” is defined as the evaluation, diagnosis, prevention, and/or treatment
(nonsurgical, surgical, or related procedures) of diseases, disorders, and/or conditions of the oral
cavity, cranio-maxillofacial area, and/or the adjacent and associated structures and their impact on
the human body, provided by a dentist, within the scope of his or her education, training, and
experience, in accordance with the ethics of the profession and applicable law.
(7) “Department” means the Rhode Island department of health.
(8) “Direct visual supervision” means supervision by an oral and maxillofacial surgeon
(with a permit to administer deep sedation and general anesthesia) by verbal command and under
direct line of sight.
(9) “Director” means the director of the Rhode Island department of health.
(10) “Healthcare facility” means any institutional health service provider licensed pursuant
to the provisions of chapter 17 of title 23.
(11) “Health-maintenance organization” means a public or private organization licensed
pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.
(12) “Limited registrant” means a person holding a limited registration certificate pursuant
to the provisions of this chapter.
(13) “Nonprofit medical services corporation” or “nonprofit hospital service corporation”
or “nonprofit dental service corporation” means any corporation organized pursuant to chapter 19
or 20 of title 27 for the purpose of establishing, maintaining, and operating a nonprofit medical,
hospital, or dental service plan.
(14) “Peer-review board” means any committee of a state, local, dental or dental hygiene
association or society, or a committee of any licensed healthcare facility, or the dental staff of the
committee, or any committee of a dental care foundation or health-maintenance organization, or
any staff committee or consultant of a hospital, medical, or dental service corporation, the function
of which, or one of the functions of which, is to evaluate and improve the quality of dental care
rendered by providers of dental care service or to determine that dental care services rendered were
professionally indicated or were performed in compliance with the applicable standard of care or
that the cost for dental care rendered was considered reasonable by the providers of professional
dental care services in the area and includes a committee functioning as a utilization review
committee under the provisions of Pub. L. No. 89-97, 42 U.S.C. § 1395 et seq. (Medicare law), or
as a professional standards-review organization or statewide professional standards-review council
under the provisions of Pub. L. No. 92-603, 42 U.S.C. § 1301 et seq. (professional standards-review
organizations), or a similar committee or a committee of similar purpose, to evaluate or review the
diagnosis or treatment of the performance or rendition of dental services performed under public
dental programs of either state or federal design.
(15) “Person” means any individual, partnership, firm, corporation, association, trust or
estate, state or political subdivision, or instrumentality of a state.
(16) “Practice of dental hygiene.” Any person is practicing dental hygiene within the
meaning of this chapter who performs those services and procedures that a dental hygienist has
been educated to perform and which services and procedures are, from time to time, specifically
authorized by rules and regulations adopted by the board of examiners in dentistry. Dental
hygienists may perform dental hygiene assessment, dental hygiene diagnosis, and dental hygiene
treatment planning for dental hygiene services. Dental hygienists may prescribe, administer, and
dispense fluoride supplements, topical anticaries treatments, topical antimicrobials including, but
not limited to, chlorhexidine, and any other preventive dental supplements, treatments, and
antimicrobials as determined by the board. Nothing in this section is construed to authorize a
licensed dental hygienist to perform the following: diagnosis and treatment planning, surgical
procedures on hard or soft tissue, prescribe medication except for the purpose of prevention of
dental disease , or administer general anesthesia or injectables other than oral local anesthesia. A
dental hygienist is only permitted to practice dental hygiene under the general supervision of a
dentist licensed and registered in this state under the provisions of this chapter.
(i) Provided, that in order to administer local injectable anesthesia to dental patients, dental
hygienists must be under the supervision of a dentist and meet the requirements established by
regulation of the board of examiners in dentistry including payment of a permit fee.
(17)(i)(A) “Practice of dentistry.” Any person is practicing dentistry within the meaning of
this chapter who:
(I) Uses or permits to be used, directly or indirectly, for profit or otherwise, for himself,
herself, or for any other person, in connection with his or her name, the word “dentist” or “dental
surgeon,” or the title “D.D.S.” or “D.M.D.,” or any other words, letters, titles, or descriptive matter,
personal or not, that directly or indirectly implies the practice of dentistry;
(II) Owns, leases, maintains, operates a dental business in any office or other room or rooms
where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor
of this business;
(III) Directly or indirectly informs the public in any language, orally, in writing, or in
printing, or by drawings, demonstrations, specimens, signs, or pictures that he or she can perform
or will attempt to perform, dental operations of any kind;
(IV) Undertakes, by any means or method, gratuitously, or for a salary, fee, money, or other
reward paid or granted directly or indirectly to himself or herself, or to any other person, to diagnose
or profess to diagnose, or to treat or profess to treat, or to prescribe for, or profess to prescribe for,
any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums,
maxilla, or mandible, and/or adjacent associated structures;
(V) Extracts human teeth, corrects malpositions of the teeth or of the jaws;
(VI) Except on the written prescription of a licensed dentist and by the use of impressions
or casts made by a licensed and practicing dentist, directly or indirectly by mail, carrier, personal
agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic
dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth;
(VII) Places those substitutes in the mouth and/or adjusts them;
(VIII) Administers an anesthetic, either general or local, in the course of any of the
previously stated dental procedures; or
(IX) Engages in any of the practices included in the curricula of recognized dental colleges;
(B) Provided, that in order to administer any form of anesthesia, other than local, dentists
must meet the requirements established by regulation of the board of examiners in dentistry,
including training in advanced cardiac life support and pediatric advanced life support, and
payment of a permit fee.
(ii) The board shall promulgate regulations relating to anesthesia. Those regulations shall
be consistent with the American Dental Association guidelines for the use of conscious sedation,
deep sedation, and general anesthesia in dentistry. Neither the board, nor any regulation
promulgated by the board, shall require additional licensing fees for the use of nitrous oxide by
dentists. Prior to the adoption of those regulations, dentists shall be permitted to administer
anesthesia without restriction. From the proceeds of any fees collected pursuant to the provisions
of this chapter, there is created a restricted receipts account that is used solely to pay for the
administrative expenses incurred for expenses of administrating this chapter.
(iii) No non-dentist who operates a dental facility in the form of a licensed outpatient
healthcare center or management service organization may interfere with the professional judgment
of a dentist in the practice.
(18) “Telemedicine” has the same meaning as provided in § 27-81-3.
Dentists licensed pursuant to § 5-31.1-6 may supervise and delegate to any dental hygienist
licensed pursuant to § 5-31.1-6, working under the dentist’s general supervision and who is
employed on a regular basis by such dentists, any procedures that he or she may deem advisable;
including initial oral-health-screening assessments and other procedures specified under section 13
(or any comparable or successor section) of the rules and regulations pertaining to dentists and
dental hygienists promulgated from time to time by the department of health , and any . Dental
hygienists may prescribe, administer, and dispense fluoride supplements, topical anticaries
treatments, and topical antimicrobials including, but not limited to, chlorhexidine, for preventive
dental purposes as determined by the board. Any such dental hygienists may engage in the practice
of dental hygiene under the responsibility of the supervising dentists outside of the dentists’ office
in order to render to residents of nursing facilities licensed pursuant to chapter 17 of title 23,
whether or not such residents are patients of record of the supervising dentist, without the on-site
direct supervision of a dentist licensed pursuant to § 5-31.1-6, those dental services, procedures,
and duties that he or she has been educated to perform and that are authorized by the board of
examiners in dentistry. Dental hygienists working under general supervision in nursing facilities
shall provide documentation of initial oral health screening assessments to the supervising dentist
and to the licensed nursing facility for appropriate follow-up assessment and treatment, as needed.
(a) Any public health dental hygienist, which for purposes of this chapter means any
practicing registered dental hygienist who may perform dental-hygiene procedures in a public-
health setting subject to conditions adopted by the Rhode Island board of examiners in dentistry,
may perform in a public-health setting, without the immediate or direct supervision or direction of
a dentist, any procedure or provide any service that is within the dental-hygiene scope of practice
that has been authorized and adopted by the Rhode Island board of examiners in dentistry as a
delegable procedure for a dental hygienist under general supervision in a private practice setting.
(b) Public-health settings shall, for purposes of this section, include, but are not limited to,
residences of the homebound, schools, nursing home and long-term-care facilities, clinics,
hospitals, medical facilities, community health centers licensed or certified by the department of
health, mobile and portable dental-health programs licensed or certified by the department of health
and operated by a local or state agency, head-start programs, and any other facilities or programs
deemed appropriate by the department of health.
(c) Any public-health hygienist shall enter into a written, collaborative agreement with a
local or state government agency or institution or with a licensed dentist who states that he or she
shall be able to provide the appropriate level of communication and consultation with the dental
hygienist to ensure patient health and safety prior to performing any procedure or providing any
service under this section. The written, collaborative agreement will follow the appropriate
guidelines as determined and established by the Rhode Island board of examiners in dentistry.
(d) Any public-health dental hygienist shall provide to the patient, or to the patient’s legal
guardian, a consent form to be signed by the patient or legal guardian. The consent form shall be
consistent with current department of health policies that describes services to be rendered and
explains that services rendered are not a substitute for a dental examination by a dentist. The
consent form shall also inform the patient or legal guardian that the patient should obtain a dental
examination by a dentist within ninety (90) days after undergoing a procedure authorized pursuant
to this section. The patient or legal guardian shall also obtain written referral to a dentist and an
assessment of further dental needs.
(e) The public-health dental hygienist shall be directly reimbursed for services
administered in a public-health setting by Medicaid or the state healthcare insurance program
except as required by federal Medicaid law, but shall not and may seek reimbursement from any
other insurance or third-party payor. A public-health dental hygienist shall not operate
independently of a dentist, except for a dental hygienist working for a local or state government
agency or institution or practicing in a mobile or portable prevention program licensed or certified
by the department of health. In such cases, the local or state government agency or institution or
mobile or portable prevention program licensed or certified by the department of health may seek
reimbursement from any other third-party payor.
(f) A public health dental hygienist may supervise a dental assistant performing assisting
duties to facilitate provision of services within the scope of a dental-hygiene practice in the public
health setting.
SECTION 4. Chapter 5-34.3 of the General Laws entitled "Nurse Licensure Compact" is
hereby amended by adding thereto the following section:
Chapter 34.3 of this title entitled “nurse licensure compact” shall sunset and expire on
4 January 1, 2029.
SECTION 5. Section 5-37-2.1 of the General Laws in Chapter 5-37 entitled "Board of
Medical Licensure and Discipline" is hereby amended to read as follows:
Effective beginning in calendar year 2004, every physician licensed to practice medicine
within this state shall, in connection with biannual registration, on or before the first day of June in
each even-numbered year, provide satisfactory evidence to the board of medical licensure and
discipline that in the preceding two (2) years the practitioner has completed a prescribed course of
continuing medical education established by the appropriate medical or osteopathic society and
approved by rule or regulation of the director or by the board of medical licensure and discipline.
At least one hour of the required continuing medical education credits every two (2) years must be
related to the topic of nutrition. The board may extend for only one six-month (6) period these
educational requirements if the board is satisfied that the applicant has suffered hardship that
prevented meeting the educational requirement. No recertification to practice medicine in this state
shall be refused, nor shall any certificate be suspended or revoked except: (1) As provided for in
this chapter, and (2) For failure to provide satisfactory evidence of continuing medical education
as provided for in this section.
SECTION 6. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following chapter:
CHAPTER 54.1
PHYSICIAN ASSISTANT LICENSURE COMPACT
The Physician Assistant Licensure Compact, hereinafter referred to as the “PA Licensure
Compact,” is hereby enacted into law and entered into by the State of Rhode Island with any and
all states legally joining therein in accordance with its terms.
29 5-54.1-2. Purpose.
In order to strengthen access to medical services, and in recognition of the advances in the
delivery of medical services, the participating states of the PA licensure compact have allied in
common purpose to develop a comprehensive process that complements the existing authority of
state licensing boards to license and discipline PAs and seeks to enhance the portability of a license
to practice as a PA while safeguarding the safety of patients. This compact allows medical services
to be provided by PAs, via the mutual recognition of the licensee’s qualifying license by other
compact participating states. This compact also adopts the prevailing standard for PA licensure and
affirms that the practice and delivery of medical services by the PA occurs where the patient is
located at the time of the patient encounter, and therefore requires the PA to be under the
jurisdiction of the state licensing board where the patient is located. State licensing boards that
participate in this compact retain the jurisdiction to impose adverse action against a compact
privilege in that state issued to a PA through the procedures of this compact. The PA licensure
compact will alleviate burdens for military families by allowing active duty military personnel and
their spouses to obtain a compact privilege based on having an unrestricted license in good standing
from a participating state.
As used in this compact:
(1) “Adverse action” means any administrative, civil, equitable, or criminal action
permitted by a state’s laws which is imposed by a licensing board or other authority against a PA
license or license application or compact privilege such as license denial, censure, revocation,
suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
(2) “Compact privilege” means the authorization granted by a remote state to allow a
licensee from another participating state to practice as a PA to provide medical services and other
licensed activity to a patient located in the remote state under the remote state’s laws and
regulations.
(3) “Conviction” means a finding by a court that an individual is guilty of a felony or
misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by
the offender.
(4) “Criminal background check” means the submission of fingerprints or other biometric-
based information for a license applicant for the purpose of obtaining that applicant’s criminal
history record information, as defined in 28 C.F.R. § 20.3(d), from the state’s criminal history
record repository as defined in 28 C.F.R. § 20.3(f).
(5) “Data system” means the repository of information about licensees, including but not
limited to license status and adverse actions, which is created and administered under the terms of
this compact.
(6) “Executive committee” means a group of directors and ex-officio individuals elected
or appointed pursuant to § 5-54.1-7(f)(2).
(7) “Impaired practitioner” means a PA whose practice is adversely affected by health-
related condition(s) that impact their ability to practice.
(8) “Investigative information” means information, records, or documents received or
generated by a licensing board pursuant to an investigation.
(9) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the
laws and rules governing the practice of a PA in a state.
(10) “License” means current authorization by a state, other than authorization pursuant to
a compact privilege, for a PA to provide medical services, which would be unlawful without current
authorization.
(11) “Licensee” means an individual who holds a license from a state to provide medical
services as a PA.
(12) “Licensing board” means any state entity authorized to license and otherwise regulate
PAs.
(13) “Medical services” means health care services provided for the diagnosis, prevention,
treatment, cure or relief of a health condition, injury, or disease, as defined by a state’s laws and
regulations.
(14) “Model compact” means the model for the PA licensure compact on file with the
council of state governments or other entity as designated by the commission.
(15) “Participating state” means a state that has enacted this compact.
(16) “PA” means an individual who is licensed as a physician assistant in a state. For
purposes of this compact, any other title or status adopted by a state to replace the term “physician
assistant” shall be deemed synonymous with “physician assistant” and shall confer the same rights
and responsibilities to the licensee under the provisions of this compact at the time of its enactment.
(17) “PA licensure compact commission,” “compact commission,” or “commission”
means the national administrative body created pursuant to § 5-54.1-7(a) of this compact.
(18) “Qualifying license” means an unrestricted license issued by a participating state to
provide medical services as a PA.
(19) “Remote state” means a participating state where a licensee who is not licensed as a
PA is exercising or seeking to exercise the compact privilege.
(20) “Rule” means a regulation promulgated by an entity that has the force and effect of
law.
(21) “Significant investigative information” means investigative information that a
licensing board, after an inquiry or investigation that includes notification and an opportunity for
the PA to respond if required by state law, has reason to believe is not groundless and, if proven
true, would indicate more than a minor infraction.
(22) “State” means any formally recognized state, commonwealth, district, or territory of
the United States.
(a) To participate in this compact, a participating state shall:
(1) License PAs.
(2) Participate in the compact commission’s data system.
(3) Have a mechanism in place for receiving and investigating complaints against licensees
and license applicants.
(4) Notify the commission, in compliance with the terms of this compact and commission
rules, of any adverse action against a licensee or license applicant and the existence of significant
investigative information regarding a licensee or license applicant.
(5) Fully implement a criminal background check requirement, within a time frame
established by commission rule, by its licensing board receiving the results of a criminal
background check and reporting to the commission whether the license applicant has been granted
a license.
(6) Comply with the rules of the compact commission.
(7) Utilize passage of a recognized national exam such as the National Commission on
Certification of Physician Assistants (NCCPA) Physician Assistant National Certifying
Examination (PANCE) as a requirement for PA licensure.
(8) Grant the compact privilege to a holder of a qualifying license in a participating state.
(b) Nothing in this compact prohibits a participating state from charging a fee for granting
the compact privilege.
(a) To exercise the compact privilege, a licensee must:
(1) Have graduated from a PA program accredited by the Accreditation Review
Commission on Education for the Physician Assistant, Inc. or other programs authorized by
commission rule.
(2) Hold current NCCPA certification.
(3) Have no felony or misdemeanor conviction.
(4) Have never had a controlled substance license, permit, or registration suspended or
revoked by a state or by the United States Drug Enforcement Administration.
(5) Have a unique identifier as determined by commission rule.
(6) Hold a qualifying license.
(7) Have had no revocation of a license or limitation or restriction on any license currently
held due to an adverse action.
(8) If a licensee has had a limitation or restriction on a license or compact privilege due to
an adverse action, two (2) years must have elapsed from the date on which the license or compact
privilege is no longer limited or restricted due to the adverse action.
(9) If a compact privilege has been revoked or is limited or restricted in a participating state
for conduct that would not be a basis for disciplinary action in a participating state in which the
licensee is practicing or applying to practice under a compact privilege, that participating state shall
have the discretion not to consider such action as an adverse action requiring the denial or removal
of a compact privilege in that state.
(10) Notify the compact commission that the licensee is seeking the compact privilege in
a remote state.
(11) Meet any jurisprudence requirement of a remote state in which the licensee is seeking
to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence
requirement.
(12) Report to the commission any adverse action taken by a non-participating state within
thirty (30) days after the action is taken.
(b) The compact privilege is valid until the expiration or revocation of the qualifying
license unless terminated pursuant to an adverse action. The licensee must also comply with all of
the requirements of subsection (a) of this section to maintain the compact privilege in a remote
state. If the participating state takes adverse action against a qualifying license, the licensee shall
lose the compact privilege in any remote state in which the licensee has a compact privilege until
all of the following occur:
(1) The license is no longer limited or restricted; and
(2) Two (2) years have elapsed from the date on which the license is no longer limited or
restricted due to the adverse action.
(c) Once a restricted or limited license satisfies the requirements of subsection (b)(1) and
(b)(2) of this section, the licensee must meet the requirements of subsection (a) of this section to
obtain a compact privilege in any remote state.
(d) For each remote state in which a PA seeks authority to prescribe controlled substances,
the PA shall satisfy all requirements imposed by such state in granting or renewing such authority.
(a) Upon a licensee’s application for a compact privilege, the licensee shall identify to the
commission the participating state from which the licensee is applying, in accordance with
applicable rules adopted by the commission, and subject to the following requirements:
(1) When applying for a compact privilege, the licensee shall provide the commission with
the address of the licensee’s primary residence and thereafter shall immediately report to the
commission any change in the address of the licensee’s primary residence.
(2) When applying for a compact privilege, the licensee is required to consent to accept
service of process by mail at the licensee’s primary residence on file with the commission with
respect to any action brought against the licensee by the commission or a participating state,
including a subpoena, with respect to any action brought or investigation conducted by the
commission or a participating state.
(a) A participating state in which a licensee is licensed shall have exclusive power to
impose adverse action against the qualifying license issued by that participating state.
(b) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to do all of the following:
(1) Take adverse action against a PA’s compact privilege within that state to remove a
licensee’s compact privilege or take other action necessary under applicable law to protect the
health and safety of its citizens.
(2) Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board
in a participating state for the attendance and testimony of witnesses or the production of evidence
from another participating state shall be enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of the state in which the witnesses or
evidence are located.
(3) Notwithstanding subsection (b)(2) of this section, subpoenas may not be issued by a
participating state to gather evidence of conduct in another state that is lawful in that other state for
the purpose of taking adverse action against a licensee’s compact privilege or application for a
compact privilege in that participating state.
(4) Nothing in this compact authorizes a participating state to impose discipline against a
PA’s compact privilege or to deny an application for a compact privilege in that participating state
for the individual’s otherwise lawful practice in another state.
(c) For purposes of taking adverse action, the participating state which issued the qualifying
license shall give the same priority and effect to reported conduct received from any other
participating state as it would if the conduct had occurred within the participating state which issued
the qualifying license. In so doing, that participating state shall apply its own state laws to determine
appropriate action.
(d) A participating state, if otherwise permitted by state law, may recover from the affected
PA the costs of investigations and disposition of cases resulting from any adverse action taken
against that PA.
(e) A participating state may take adverse action based on the factual findings of a remote
state, provided that the participating state follows its own procedures for taking the adverse action.
(f) Joint investigations.
(1) In addition to the authority granted to a participating state by its respective state PA
laws and regulations or other applicable state law, any participating state may participate with other
participating states in joint investigations of licensees.
(2) Participating states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under this compact.
(g) If an adverse action is taken against a PA’s qualifying license, the PA’s compact
privilege in all remote states shall be deactivated until two (2) years have elapsed after all
restrictions have been removed from the state license. All disciplinary orders by the participating
state which issued the qualifying license that impose adverse action against a PA’s license shall
include a statement that the PA’s compact privilege is deactivated in all participating states during
the pendency of the order.
(h) If any participating state takes adverse action, it promptly shall notify the administrator
of the data system.
(a) The participating states hereby create and establish a joint government agency and
national administrative body known as the PA licensure compact commission. The commission is
an instrumentality of the compact states acting jointly and not an instrumentality of any one state.
The commission shall come into existence on or after the effective date of the compact as set forth
in § 5-54.1-11(a).
(b) Membership, voting, and meetings.
(1) Each participating state shall have and be limited to one delegate selected by that
participating state’s licensing board or, if the state has more than one licensing board, selected
collectively by the participating state’s licensing boards.
(2) The delegate shall be either:
(i) A current PA, physician or public member of a licensing board or PA
council/committee; or
(ii) An administrator of a licensing board.
(3) Any delegate may be removed or suspended from office as provided by the laws of the
state from which the delegate is appointed.
(4) The participating state licensing board shall fill any vacancy occurring in the
commission within sixty (60) days.
(5) Each delegate shall be entitled to one vote on all matters voted on by the commission
and shall otherwise have an opportunity to participate in the business and affairs of the commission.
A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may
provide for delegates’ participation in meetings by telecommunications, video conference, or other
means of communication.
(6) The commission shall meet at least once during each calendar year. Additional meetings
shall be held as set forth in this compact and the bylaws.
(7) The commission shall establish by rule a term of office for delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) Establish the fiscal year of the commission;
(3) Establish fees;
(4) Establish bylaws;
(5) Maintain its financial records in accordance with the bylaws;
(6) Meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
(7) Promulgate rules to facilitate and coordinate implementation and administration of this
compact. The rules shall have the force and effect of law and shall be binding in all participating
states;
(8) Bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state licensing board to sue or be sued under applicable law shall
not be affected;
(9) Purchase and maintain insurance and bonds;
(10) Borrow, accept, or contract for services of personnel including, but not limited to,
employees of a participating state;
(11) Hire employees and engage contractors, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out the purposes of this compact,
and establish the commission’s personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
(12) Accept any and all appropriate donations and grants of money, equipment, supplies,
materials and services, and receive, utilize and dispose of the same; provided that at all times the
commission shall avoid any appearance of impropriety or conflict of interest;
(13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve or use, any property, real, personal or mixed; provided that at all times the commission
shall avoid any appearance of impropriety;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property real, personal, or mixed;
(15) Establish a budget and make expenditures;
(16) Borrow money;
(17) Appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, and consumer representatives, and such other
interested persons as may be designated in this compact and the bylaws;
(18) Provide and receive information from, and cooperate with, law enforcement agencies;
(19) Elect a chair, vice chair, secretary and treasurer and such other officers of the
commission as provided in the commission’s bylaws;
(20) Reserve for itself, in addition to those reserved exclusively to the commission under
the compact, powers that the executive committee may not exercise;
(21) Approve or disapprove a state’s participation in the compact based upon its
determination as to whether the state’s compact legislation departs in a material manner from the
model compact language;
(22) Prepare and provide to the participating states an annual report; and
(23) Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of PA licensure and practice.
(d) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to this subsection shall be
open to the public. Notice of public meetings shall be posted on the commission’s website at least
thirty (30) days prior to the public meeting.
(2) Notwithstanding subsection (d)(1) of this section, the commission may convene a
public meeting by providing at least twenty-four (24) hours prior notice on the commission’s
website, and any other means as provided in the commission’s rules, for any of the reasons it may
dispense with notice of proposed rulemaking under § 5-54.1-9(l).
(3) The commission may convene in a closed, non-public meeting or non-public part of a
public meeting to receive legal advice or to discuss:
(i) Non-compliance of a participating state with its obligations under this compact;
(ii) The employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the commission’s internal personnel
practices and procedures;
(iii) Current, threatened, or reasonably anticipated litigation;
(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
(v) Accusing any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information that is privileged or
confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigative records compiled for law enforcement purposes;
(ix) Disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to this compact;
(x) Legal advice; or
(xi) Matters specifically exempted from disclosure by federal or participating states’
statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of
the meeting or the chair’s designee shall certify that the meeting or portion of the meeting may be
closed and shall reference each relevant exempting provision.
(5) The commission shall keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, including a description
of the views expressed. All documents considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject
to release by a majority vote of the commission or order of a court of competent jurisdiction.
(e) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each participating
state and may impose compact privilege fees on licensees of participating states to whom a compact
privilege is granted to cover the cost of the operations and activities of the commission and its staff,
which must be in a total amount sufficient to cover its annual budget as approved by the commission
each year for which revenue is not provided by other sources. The aggregate annual assessment
amount levied on participating states shall be allocated based upon a formula to be determined by
commission rule.
(i) A compact privilege expires when the licensee’s qualifying license in the participating
state from which the licensee applied for the compact privilege expires.
(ii) If the licensee terminates the qualifying license through which the licensee applied for
the compact privilege before its scheduled expiration, and the licensee has a qualifying license in
another participating state, the licensee shall inform the commission that it is changing to that
participating state the participating state through which it applies for a compact privilege and pay
to the commission any compact privilege fee required by commission rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of the participating
states, except by and with the authority of the participating state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the financial review and
accounting procedures established under its bylaws. All receipts and disbursements of funds
handled by the commission shall be subject to an annual financial review by a certified or licensed
public accountant, and the report of the financial review shall be included in and become part of
the annual report of the commission.
(f) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission
according to the terms of this compact and commission rules.
(2) The executive committee shall be composed of nine (9) members:
(i) Seven (7) voting members who are elected by the commission from the current
membership of the commission;
(ii) One ex-officio, nonvoting member from a recognized national PA professional
association; and
(iii) One ex-officio, nonvoting member from a recognized national PA certification
organization.
(3) The ex-officio members will be selected by their respective organizations.
(4) The commission may remove any member of the executive committee as provided in
its bylaws.
(5) The executive committee shall meet at least annually.
(6) The executive committee shall have the following duties and responsibilities:
(i) Recommend to the commission changes to the commission’s rules or bylaws, changes
to this compact legislation, fees to be paid by compact participating states such as annual dues, and
any commission compact fee charged to licensees for the compact privilege;
(ii) Ensure compact administration services are appropriately provided, contractual or
otherwise;
(iii) Prepare and recommend the budget;
(iv) Maintain financial records on behalf of the commission;
(v) Monitor compact compliance of participating states and provide compliance reports to
the commission.
(vi) Establish additional committees as necessary;
(vii) Exercise the powers and duties of the commission during the interim between
commission meetings, except for issuing proposed rulemaking or adopting commission rules or
bylaws, or exercising any other powers and duties exclusively reserved to the commission by the
commission’s rules; and
(viii) Perform other duties as provided in the commission’s rules or bylaws.
(7) All meetings of the executive committee at which it votes or plans to vote on matters
in exercising the powers and duties of the commission shall be open to the public and public notice
of such meetings shall be given as public meetings of the commission are given.
(8) The executive committee may convene in a closed, non-public meeting for the same
reasons that the commission may convene in a non-public meeting as set forth in subsection (d)(3)
of this section and shall announce the closed meeting as the commission is required to under
subsection (d)(4) of this section and keep minutes of the closed meeting as the commission is
required to under section subsection (d)(5) of this section.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees and representatives of the
commission shall be immune from suit and liability, both personally and in their official capacity,
for any claim for damage to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities; provided that nothing in this paragraph shall
be construed to protect any such person from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of that person. The procurement of
insurance of any type by the commission shall not in any way compromise or limit the immunity
granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and
representative of the commission in any civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the scope of commission employment,
duties, or responsibilities, or as determined by the commission that the person against whom the
claim is made had a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit
that person from retaining their own counsel at their own expense; and provided further, that the
actual or alleged act, error, or omission did not result from that person’s intentional or willful or
wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive
director, employee, and representative of the commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred within the scope of commission employment,
duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result
from the intentional or willful or wanton misconduct of that person.
(4) Venue is proper and judicial proceedings by or against the commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office of the
commission is located. The commission may waive venue and jurisdictional defenses in any
proceedings as authorized by commission rules.
(5) Nothing herein shall be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which shall be governed solely by any other applicable
state laws.
(6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions
for alleged acts of malpractice, professional misconduct, negligence, or other such civil action
pertaining to the practice of a PA. All such matters shall be determined exclusively by state law
other than this compact.
(7) Nothing in this compact shall be interpreted to waive or otherwise abrogate a
participating state’s state action immunity or state action affirmative defense with respect to
antitrust claims under 15 USC 1 et seq. (Sherman Act), as amended from time to time, 15 USC 12-
27 (Clayton Act), as amended from time to time, or any other state or federal antitrust or
anticompetitive law or regulation.
(8) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the
participating states or by the commission.
(a) The commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data and reporting system containing licensure, adverse action, and the
reporting of the existence of significant investigative information on all licensed PAs and applicants
denied a license in participating states.
(b) Notwithstanding any other state law to the contrary, a participating state shall submit a
uniform data set to the data system on all PAs to whom this compact is applicable (utilizing a
unique identifier) as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or compact privilege;
(4) Any denial of application for licensure, and the reason(s) for such denial, excluding the
reporting of any criminal history record information prohibited by section 5-54.1-13.1 of this
chapter or other state or federal law;
(5) The existence of significant investigative information; and
(6) Other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
(c) Significant investigative information pertaining to a licensee in any participating state
shall only be available to other participating states.
(d) The commission shall promptly notify all participating states of any adverse action
taken against a licensee or an individual applying for a license that has been reported to it. This
adverse action information shall be available to any other participating state.
(e) Participating states contributing information to the data system may, in accordance with
state or federal law, designate information that may not be shared with the public without the
express permission of the contributing state. Notwithstanding any such designation, such
information shall be reported to the commission through the data system.
(f) Any information submitted to the data system that is subsequently expunged pursuant
to federal law or the laws of the participating state contributing the information shall be removed
from the data system upon reporting of such by the participating state to the commission.
(g) The records and information provided to a participating state pursuant to this compact
or through the data system, when certified by the commission or an agent thereof, shall constitute
the authenticated business records of the commission, and shall be entitled to any associated
hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a
participating state.
3 5-54.1-10. Rulemaking.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Commission rules shall become binding as of the
date specified by the commission for each rule.
(b) The commission shall promulgate reasonable rules in order to effectively and efficiently
implement and administer this compact and achieve its purposes. A commission rule shall be
invalid and have not force or effect only if a court of competent jurisdiction holds that the rule is
invalid because the commission exercised its rulemaking authority in a manner that is beyond the
scope of the purposes of this compact, or the powers granted hereunder, or based upon another
applicable standard of review.
(c) The rules of the commission shall have the force of law in each participating state,
provided however that where the rules of the commission conflict with the laws of the participating
state that establish the medical services a PA may perform in the participating state, as held by a
court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the
extent of the conflict.
(d) If a majority of the legislatures of the participating states rejects a commission rule, by
enactment of a statute or resolution in the same manner used to adopt this compact within four (4)
years of the date of adoption of the rule, then such rule shall have no further force and effect in any
participating state or to any state applying to participate in the compact.
(e) Commission rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to promulgation and adoption of a final rule or rules by the commission, and at
least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon,
the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) To persons who have requested notice of the commission’s notices of proposed
rulemaking, and
(3) In such other way(s) as the commission may by rule specify.
(g) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing on the proposed rule and the proposed
time, date and location of the meeting in which the proposed rule will be considered and voted
upon;
(2) The text of the proposed rule and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person and the date
by which written comments must be received; and
(4) The manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing or provide any written comments.
(h) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
(i) If the hearing is to be held via electronic means, the commission shall publish the
mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall as directed in the notice of proposed
rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the
commission of their desire to appear and testify at the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment
a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording and the written comments, data,
facts, opinions, and arguments received in response to the proposed rulemaking shall be made
available to a person upon request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each
proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings
required by this section.
(j) Following the public hearing the commission shall consider all written and oral
comments timely received.
(k) The commission shall, by majority vote of all delegates, take final action on the
proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking
record and the full text of the rule.
(1) If adopted, the rule shall be posted on the commission’s website.
(2) The commission may adopt changes to the proposed rule provided the changes do not
enlarge the original purpose of the proposed rule.
(3) The commission shall provide on its website an explanation of the reasons for
substantive changes made to the proposed rule as well as reasons for substantive changes not made
that were recommended by commenters.
(4) The commission shall determine a reasonable effective date for the rule. Except for an
emergency as provided in subsection (l) of this section, the effective date of the rule shall be no
sooner than thirty (30) days after the commission issued the notice that it adopted the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt
an emergency rule with twenty-four (24) hours prior notice, without the opportunity for comment,
or hearing, provided that the usual rulemaking procedures provided in this compact and in this
section hall be retroactively applied to the rule as soon as reasonably possible, in no event later than
ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately by the commission in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or participating state funds;
(3) Meet a deadline for the promulgation of a commission rule that is established by federal
law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions
to a previously adopted commission rule for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted
on the website of the commission. The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be challenged only on grounds that the
revision results in a material change to a rule. A challenge shall be made as set forth in the notice
of revisions and delivered to the commission prior to the end of the notice period. If no challenge
is made, the revision will take effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the commission.
(n) No participating state’s rulemaking requirements shall apply under this compact.
(a) Oversight
(1) The executive and judicial branches of state government in each participating state shall
enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office of the
commission is located. The commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein
shall affect or limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact or the commission’s rules and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide the commission with
service of process shall render a judgment or order in such proceeding void as to the commission,
this compact, or commission rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a participating state has defaulted in the performance
of its obligations or responsibilities under this compact or the commission rules, the commission
shall provide written notice to the defaulting state and other participating states. The notice shall
describe the default, the proposed means of curing the default and any other action that the
commission may take and shall offer remedial training and specific technical assistance regarding
the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from
this compact upon an affirmative vote of a majority of the delegates of the participating states, and
all rights, privileges and benefits conferred by this compact upon such state may be terminated on
the effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
(3) Termination of participation in this compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given
by the commission to the governor, the majority and minority leaders of the defaulting state’s
legislature, and to the licensing board(s) of each of the participating states.
(4) A state that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that extend
beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default
or that has been terminated from this compact, unless agreed upon in writing between the
commission and the defaulting state.
(6) The defaulting state may appeal its termination from the compact by the commission
by petitioning the United States District Court for the District of Columbia or the federal district
where the commission has its principal offices. The prevailing member shall be awarded all costs
of such litigation, including reasonable attorney’s fees.
(7) Upon the termination of a state’s participation in the compact, the state shall
immediately provide notice to all licensees within that state of such termination:
(i) Licensees who have been granted a compact privilege in that state shall retain the
compact privilege for one hundred eighty (180) days following the effective date of such
termination.
(ii) Licensees who are licensed in that state who have been granted a compact privilege in
a participating state shall retain the compact privilege for one hundred eighty (180) days unless the
licensee also has a qualifying license in a participating state or obtains a qualifying license in a
participating state before the one hundred eighty (180) day-period ends, in which case the compact
privilege shall continue.
(c) Dispute resolution.
(1) Upon request by a participating state, the commission shall attempt to resolve disputes
related to this compact that arise among participating states and between participating and non
participating states.
(2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and rules of the commission.
(2) If compliance is not secured after all means to secure compliance have been exhausted,
by majority vote, the commission may initiate legal action in the United States District Court for
the District of Columbia or the federal district where the commission has its principal offices,
against a participating state in default to enforce compliance with the provisions of this compact
and the commission’s promulgated rules and bylaws. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
(e) Legal action against the commission.
(1) A participating state may initiate legal action against the commission in the United
States District Court for the District of Columbia or the federal district where the commission has
its principal offices to enforce compliance with the provisions of the compact and its rules. The
relief sought may include both injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable
attorney’s fees.
(2) No person other than a participating state shall enforce this compact against the
commission.
(a) This compact shall come into effect on the date on which this compact statute is enacted
into law in the seventh participating state.
(1) On or after the effective date of the compact, the commission shall convene and review
the enactment of each of the states that enacted the compact prior to the commission convening
(“charter participating states”) to determine if the statute enacted by each such charter participating
state is materially different than the model compact.
(i) A charter participating state whose enactment is found to be materially different from
the model compact shall be entitled to the default process set forth in § 5-54.1-10(b).
(ii) If any participating state later withdraws from the compact or its participation is
terminated, the commission shall remain in existence and the compact shall remain in effect even
if the number of participating states should be less than seven (7). Participating states enacting the
compact subsequent to the commission convening shall be subject to the process set forth in § 5-
54.1-7(c)(21) to determine if their enactments are materially different from the model compact and
whether they qualify for participation in the compact.
(2) Participating states enacting the compact subsequent to the seven (7) initial charter
participating states shall be subject to the process set forth in section § 5-54.1-7(c)(21) to determine
if their enactments are materially different from the model compact and whether they qualify for
participation in the compact.
3) All actions taken for the benefit of the commission or in furtherance of the purposes of
the administration of the compact prior to the effective date of the compact or the commission
coming into existence shall be considered to be actions of the commission unless specifically
repudiated by the commission.
(b) Any state that joins this compact shall be subject to the commission’s rules and bylaws
as they exist on the date on which this compact becomes law in that state. Any rule that has been
previously adopted by the commission shall have the full force and effect of law on the day this
compact becomes law in that state.
(c) Any participating state may withdraw from this compact by enacting a statute repealing
the same.
(1) A participating state’s withdrawal shall not take effect until one hundred eighty (180)
days after enactment of the repealing statute. During this one hundred eighty (180) day-period, all
compact privileges that were in effect in the withdrawing state and were granted to licensees
licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing
state is also licensed in another participating state or obtains a license in another participating state
within the one hundred eighty (180) days, the licensee’s compact privileges in other participating
states shall not be affected by the passage of the one hundred eighty (180) days.
(2) Withdrawal shall not affect the continuing requirement of the state licensing board(s)
of the withdrawing state to comply with the investigative, and adverse action reporting
requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing a state from this compact, the state shall
immediately provide notice of such withdrawal to all Licensees within that State. Such withdrawing
State shall continue to recognize all licenses granted pursuant to this compact for a minimum of
one hundred eighty (180) days after the date of such notice of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any PA
licensure agreement or other cooperative arrangement between participating states and between a
participating state and non-participating state that does not conflict with the provisions of this
compact.
(e) This compact may be amended by the participating states. No amendment to this
compact shall become effective and binding upon any participating state until it is enacted
materially in the same manner into the laws of all participating states as determined by the
commission.
(a) This compact and the commission’s rulemaking authority shall be liberally construed
so as to effectuate the purposes, and the implementation and administration of the compact.
Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be
construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or
provision of this compact is held by a court of competent jurisdiction to be contrary to the
constitution of any participating state, a state seeking participation in the compact, or of the United
States, or the applicability thereof to any government, agency, person or circumstance is held to be
unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person or circumstance shall not be
affected thereby.
(c) Notwithstanding subsection (b) of this section, the commission may deny a state’s
participation in the compact or, in accordance with the requirements of § 5-54.1-10(b), terminate a
participating state’s participation in the compact, if it determines that a constitutional requirement
of a participating state is, or would be with respect to a state seeking to participate in the compact,
a material departure from the compact. Otherwise, if this compact shall be held to be contrary to
the constitution of any participating state, the compact shall remain in full force and effect as to the
remaining participating states and in full force and effect as to the participating state affected as to
all severable matters.
(a) Nothing herein prevents the enforcement of any other law of a participating state that
is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with this compact are superseded to the
extent of the conflict.
(c) All agreements between the commission and the participating states are binding in
accordance with their terms.
(a) State and federal criminal history record information of an applicant for a PA license
9 may be used by the department of health or the board of licensure of physician assistants for the
purpose of screening the applicant.
b) State and federal criminal history record information of a licensed PA seeking an initial
compact privilege may be used by the department of health or the board of licensure of physician
assistants for the purpose of taking disciplinary action against the licensee.
(c) State and federal criminal history records information received by the Rhode Island
department of health or the board of licensure of physician assistants shall not be disseminated to
the Physician Assistant Licensure Compact Commission established under section 5-54.1-7 of this
chapter.
SECTION 7. Chapter 5-91 of the General Laws entitled "Interstate Medical Licensure
Compact" is hereby amended by adding thereto the following section:
5-91-26. Confidentiality of criminal history records information.
(a) State and federal criminal history records information received by the Rhode Island
department of health or the board of licensure of medical licensure and discipline shall not be
disseminated to the Interstate Medical Licensure Compact established under § 5-91-11 of this
chapter.
SECTION 8. Section 23-1-46.1 of the General Laws in Chapter 23-1 entitled "Department
of Health" is hereby repealed.
23-1-46.1. Psychiatry resource network account. [See Compiler’s Note.]
(a) There is created within the general fund a restricted receipt account to be known as the
“PRN account.” All money in the account shall be utilized by the department of health to effectuate
coverage for the following services: Existing Rhode Island lines including the PediPRN and
MomsPRN information lines together with any additional information line, referral service, or
hotline which is available to providers or residents in the state, and which is funded pursuant to
regulation adopted by the director of the department of health. Amounts collected pursuant to § 42-
7.4-3(a)(1)(iv) shall be deposited in the “PRN account.” The funds shall be used solely for the
purposes of the “PRN account,” and no other.
(b) Each year’s psychiatry resource network funding requirement in § 42-7.4-3(a)(1)(iv)
shall be the amount:
(1) Projected by the department of health for the services in subsection (a) of this section;
plus
(2) A ten percent (10%) contingency for unexpected expenses; and after
(3) Deduction for any projected carryover of excess funds from prior assessments.
(c) The department of health shall submit to the general assembly an annual report on the
program and costs related to the program, on or before February 1 of each year. The department
shall make available to each insurer required to make a contribution pursuant to § 42-7.4-3, upon
its request, detailed information regarding the programs described in subsection (a) of this section
and the costs related to those programs.
(d) The “PRN account” shall be exempt from the indirect costs recovery provisions of §
14 35-4-27.
SECTION 9. Chapter 23-1 of the General Laws entitled "Department of Health" is hereby
amended by adding thereto the following section:
23-1-46.2. Psychiatry resource network programs.
(a) The department of health shall manage any and all funds available to effectuate
coverage for the following services: Existing Rhode Island PediPRN and MomsPRN
teleconsultation information lines which are available to support pediatric, primary care, perinatal,
and other service providers in the state in providing appropriate and timely mental health care and
referrals to children perinatal patients, and mothers with mental health concerns.
23 SECTION 10. Sections 23-15-2, 23-15-4, 23-15-4.1, 23-15-4.2, 23-15-4.4, 23-15-5, 23-
15-6, 23-15-6.1, 23-15-10 and 23-15-11 of the General Laws in Chapter 23-15 entitled
"Determination of Need for New Healthcare Equipment and New Institutional Health Services" are
hereby amended to read as follows:
As used in this chapter:
(1) “Accessible or accessibility” means the ability of underserved populations to access
healthcare and as may be further defined in rules and regulations promulgated by the Rhode Island
state department of health
(1) (2) “Affected person” means and includes the person whose proposal is being reviewed,
or the applicant, healthcare facilities located within the state that provide institutional health
services, the state medical society, the state osteopathic society, those voluntary nonprofit area-
wide planning agencies that may be established in the state, the state budget office, the office of
health insurance commissioner, any hospital or medical service corporation organized under the
laws of the state, the statewide health coordinating council, contiguous health-systems agencies,
and those members of the public who are to be served by the proposed, new institutional health
services or new healthcare equipment.
(3) “Affordable” means the relative ability of the people of the state to pay for, or incur,
the cost, resulting from the proposed determination of need and as may be further defined in rules
and regulations promulgated by the Rhode Island state department of health.
(4) “Applicant” means the person who has submitted a request for a certificate of need
review and approval in accordance with this chapter.
(5) “Capital expenditure” means the total non-recurring expenditures for physical
improvements and the acquisition of existing buildings, land, and/or interests in land, including
costs associated therewith in excess of fifty million dollars ($50,000,000) and as may be further
defined in rules and regulations promulgated by the department. Further, beginning on July 1, 2026,
and each July 1 thereafter, the amount of the threshold shall be adjusted by the percentage increase
in the consumer price index for all urban consumers (CPI-U) as published by the United States
Department of Labor Statistics as of September 30 of the prior calendar year. Expenditures related
to electronic health and management information systems shall not be considered capital
expenditures for the purposes of this chapter.
(2) “Cost-impact analysis” means a written analysis of the effect that a proposal to offer or
develop new institutional health services or new healthcare equipment, if approved, will have on
healthcare costs and shall include any detail that may be prescribed by the state agency in rules and
regulations.
(6) "Department" means the Rhode Island department of health.
(3) (7) “Director” means the director of the Rhode Island state department of health.
(4) (8) (i) “Healthcare facility” means any institutional health-service provider, facility or
institution, place, building, agency, or portion of them, whether a partnership or corporation,
whether public or private, whether organized for profit or not, used, operated, or engaged in
providing healthcare services that are limited to hospitals (except with respect to hospitals whose
services are limited exclusively to behavioral health) , nursing facilities, home nursing-care
provider, home-care provider, hospice provider, inpatient rehabilitation hospital centers (including
drug and/or alcohol abuse treatment centers) , freestanding emergency-care facilities as defined in
§ 23-17-2 , certain facilities providing surgical treatment to patients not requiring hospitalization
(surgi-centers, multi-practice, physician ambulatory-surgery centers and multi-practice, podiatry
ambulatory-surgery centers), and facilities providing inpatient hospice care. Single-practice
physician or podiatry ambulatory-surgery centers (as defined in § 23-17-2(17), (18), respectively)
are exempt from the requirements of chapter 15 of this title; provided, however, that such
exemption shall not apply if a single-practice physician or podiatry ambulatory-surgery center is
established by a medical practice group (as defined in § 5-37-1) within two (2) years following the
formation of such medical practice group, when such medical practice group is formed by the
merger or consolidation of two (2) or more medical practice groups or the acquisition of one
medical practice group by another medical practice group. Medical spas as defined in chapter 105
of this title are exempt from the requirements of this chapter. The term “healthcare facility” does
not include Christian Science institutions (also known as Christian Science nursing facilities) listed
and certified by the Commission for Accreditation of Christian Science Nursing
Organizations/Facilities, Inc.
(ii) Any provider of hospice care who provides hospice care without charge shall be exempt
from the provisions of this chapter.
(5) (9) “Healthcare provider” means a person who is a direct provider of healthcare services
(including but not limited to licensed physicians, dentists, nurses, podiatrists, physician assistants,
or nurse practitioners) in that where the person’s primary current activity is the provision of
healthcare services for persons.
(6) (10) “Health services” means organized program components for preventive,
assessment, maintenance, diagnostic, treatment, and rehabilitative services provided in a healthcare
facility.
(7) (11) “Health services council” means the advisory body to the Rhode Island state
department of health established in accordance with chapter 17 of this title 13.1 of title 17 ,
appointed and empowered as provided to serve as the advisory body to the state agency department
in its review functions under this chapter.
(12) "Innovation" means the potential of the proposal to demonstrate or provide one or
more innovative approaches of methods for attaining a more cost effective and/or efficient
healthcare system as may be further defined in rules and regulations promulgated by the
department.
(8) (13) "Institutional health services" means health services provided in or through
healthcare facilities and includes the entities in or through that the which such services are provided.
(9) “New healthcare equipment” means any single piece of medical equipment (and any
components that constitute operational components of the piece of medical equipment) proposed
to be utilized in conjunction with the provision of services to patients or the public, the capital costs
of which would exceed two million two hundred fifty thousand dollars ($2,250,000); provided,
however, that the state agency shall exempt from review any application that proposes one-for-one
equipment replacement as defined in regulation. Further, beginning July 1, 2012, and each July
thereafter, the amount shall be adjusted by the percentage of increase in the consumer price index
for all urban consumers (CPI-U) as published by the United States Department of Labor Statistics
as of September 30 of the prior calendar year.
(10) (14) “New institutional health services” means and includes:
(i) Construction, development, or other establishment of a new healthcare facility.
(ii) Any capital expenditure as defined herein , except acquisitions of an existing healthcare
facility, that will not result in a change in the services or bed capacity of the healthcare facility by,
or on behalf of, an existing healthcare facility in excess of five million two hundred fifty thousand
dollars ($5,250,000) which is a capital expenditure including expenditures for predevelopment
activities; provided further, beginning July 1, 2012, and each July thereafter, the amount shall be
adjusted by the percentage of increase in the consumer price index for all urban consumers (CPI-
U) as published by the United States Department of Labor Statistics as of September 30 of the prior
calendar year .
(iii) Where a person makes an acquisition by, or on behalf of, a healthcare facility or health
maintenance organization under lease or comparable arrangement or through donation, which
would have required review if the acquisition had been by purchase, the acquisition shall be deemed
a capital expenditure subject to review.
(iv) Any capital expenditure that results in the addition of a health service or that changes
the bed capacity of a healthcare facility with respect to which the expenditure is made, except that
the state agency may exempt from review, by rules and regulations promulgated for this chapter,
any bed reclassifications made to licensed nursing facilities and annual increases in licensed bed
capacities of nursing facilities that do not exceed the greater of ten (10) beds or ten percent (10%)
of facility licensed bed capacity and for which the related capital expenditure does not exceed two
million dollars ($2,000,000).
(v) Any health service proposed to be offered to patients or the public by a healthcare
facility that was not offered on a regular basis in or through the facility within the twelve-month
(12) period prior to the time the service would be offered, and that increases operating expenses by
more than one million five hundred thousand dollars ($1,500,000), except that the state agency may
exempt from review, by rules and regulations promulgated for this chapter, any health service
involving reclassification of bed capacity made to licensed nursing facilities. Further, beginning
July 1, 2012, and each July thereafter, the amount shall be adjusted by the percentage of increase
in the consumer price index for all urban consumers (CPI-U) as published by the United States
Department of Labor Statistics as of September 30 of the prior calendar year.
(vi) (iv) Any new or expanded tertiary or specialty-care service in the following areas:
cardiac catheterization, open heart surgery, organ transplantation, particle accelerator-based
radiation therapy, and neonatal intensive care services. , regardless of capital expense or operating
expense, as defined by and listed in regulation, the list not to exceed a total of twelve (12) categories
of services at any one time and shall include full-body magnetic resonance imaging and
computerized axial tomography; provided, however, that the state agency shall exempt from review
any application that proposes one-for-one equipment replacement as defined by and listed in
regulation. Acquisition of full body magnetic resonance imaging and computerized axial
tomography shall not require a certificate-of-need review and approval by the state agency if
satisfactory evidence is provided to the state agency that it was acquired for under one million
dollars ($1,000,000) on or before January 1, 2010, and was in operation on or before July 1, 2010.
(11) (15) “Person” means any individual, trust or estate, partnership, corporation (including
associations, joint stock companies, limited liability corporations, and insurance companies), state
or political subdivision, or instrumentality of a state.
(12) “Predevelopment activities” means expenditures for architectural designs, plans,
working drawings, and specifications, site acquisition, professional consultations, preliminary
plans, studies, and surveys made in preparation for the offering of a new, institutional health
service.
(13) “State agency” means the Rhode Island state department of health.
(14) (16) “To develop” means to undertake those activities that, on their completion, will
result in the offering of a new, institutional health service or new healthcare equipment or the
incurring of a financial obligation, in relation to the offering of that service.
(15) (17) “To offer” means to hold oneself out as capable of providing, or as having the
means for the provision of, specified health services or healthcare equipment.
(a) No health care provider or health care facility person shall develop or offer new health
care equipment or new institutional health services in Rhode Island, the magnitude of which
exceeds the limits defined by this chapter, without prior review by the health services council and
approval by the state agency department ; except that review by the health services council may be
waived in the case of expeditious reviews conducted in accordance with § 23-15-5 , and except that
health maintenance organizations which fulfill criteria to be established in rules and regulations
promulgated by the state agency with the advice of the health services council shall be exempted
from the review and approval requirement established in this section upon approval by the state
agency of an application for exemption from the review and approval requirement established in
this section which contain any information that the state agency may require to determine if the
health maintenance organization meets the criteria .
(b) No approval shall be made without an adequate demonstration of need by the applicant
at the time and place and under the circumstances proposed , nor shall the approval be made without
a determination that a proposal for which need has been demonstrated is also affordable by the
people of the state.
(c) No approval of new institutional health services for the provision of health services to
inpatients shall be granted unless the written findings required in accordance with § 23-15-6(b)(6)
are made.
(d) (c) Applications for determination of need shall be filed with the state agency on a date
fixed by the state agency department together with plans and specifications and any other
appropriate data and information that the state agency department shall require by regulation , and
shall be considered in relation to each other no less than once a year . A duplicate copy of each
application together with all supporting documentation shall be kept on file by the state agency
department as a public record.
(e) (d) The health services council shall consider, but shall not be limited to, the following
in conducting reviews and determining need: In its recommendations to the department, the health
services council may assess criteria including, but not limited to, affordability, accessibility,
innovation and quality standards, as further defined in regulations adopted by the department.
(1) The relationship of the proposal to state health plans that may be formulated by the state
agency;
(2) The impact of approval or denial of the proposal on the future viability of the applicant
and of the providers of health services to a significant proportion of the population served or
proposed to be served by the applicant;
(3) The need that the population to be served by the proposed equipment or services has
for the equipment or services;
(4) The availability of alternative, less costly, or more effective methods of providing
services or equipment, including economies or improvements in service that could be derived from
feasible cooperative or shared services;
(5) The immediate and long term financial feasibility of the proposal, as well as the
probable impact of the proposal on the cost of, and charges for, health services of the applicant;
(6) The relationship of the services proposed to be provided to the existing health care
system of the state;
(7) The impact of the proposal on the quality of health care in the state and in the population
area to be served by the applicant;
(8) The availability of funds for capital and operating needs for the provision of the services
or equipment proposed to be offered;
(9) The cost of financing the proposal including the reasonableness of the interest rate, the
period of borrowing, and the equity of the applicant in the proposed new institutional health service
or new equipment;
(10) The relationship, including the organizational relationship of the services or
equipment proposed, to ancillary or support services;
(11) Special needs and circumstances of those entities which provide a substantial portion
of their services or resources, or both, to individuals not residing within the state;
(12) Special needs of entities such as medical and other health professional schools,
multidisciplinary clinics, and specialty centers; also, the special needs for and availability of
osteopathic facilities and services within the state;
(13) In the case of a construction project:
(i) The costs and methods of the proposed construction,
(ii) The probable impact of the construction project reviewed on the costs of providing
health services by the person proposing the construction project; and
(iii) The proposed availability and use of safe patient handling equipment in the new or
renovated space to be constructed.
(14) Those appropriate considerations that may be established in rules and regulations
promulgated by the state agency with the advice of the health services council;
(15) The potential of the proposal to demonstrate or provide one or more innovative
approaches or methods for attaining a more cost effective and/or efficient health care system;
(16) The relationship of the proposal to the need indicated in any requests for proposals
issued by the state agency;
(17) The input of the community to be served by the proposed equipment and services and
the people of the neighborhoods close to the health care facility who are impacted by the proposal;
(18) The relationship of the proposal to any long-range capital improvement plan of the
health care facility applicant.
(19) Cost impact statements forwarded pursuant to subsection 23-15-6(e).
(f) (e) In conducting its review, the health services council shall perform the following:
(1) Within one hundred and fifteen (115) days after initiating its review, which must be
commenced no later than thirty-one (31) days after the filing of an application, the health services
council shall determine as to each proposal whether the applicant has demonstrated need at the time
and place and under the circumstances proposed, and in doing so may apply the criteria and
standards set forth in subsection (e) of this section; provided however, that a determination of need
shall not alone be sufficient to warrant a recommendation to the state agency that a proposal should
be approved. Make recommendations to the department relative to approval or denial of the new
institutional health services or new healthcare equipment proposed. The director shall render , in
writing, his or her decision within five (5) ten (10) days of the determination of the health services
council.
(2) Prior to the conclusion of its review in accordance with § 23-15-6(e), the health services
council shall evaluate each proposal for which a determination of need has been established in
relation to other proposals, comparing proposals with each other, whether similar or not,
establishing priorities among the proposals for which need has been determined, and taking into
consideration the criteria and standards relating to relative need and affordability as set forth in
subsection (e) of this section and § 23-15-6(f).
(3) At the conclusion of its review, the health services council shall make recommendations
to the state agency relative to approval or denial of the new institutional health services or new
health care equipment proposed; provided that:
(i) The health services council shall recommend approval of only those proposals found to
be affordable in accordance with the provisions of § 23-15-6(f); and
(ii) If the state agency proposes to render a decision that is contrary to the recommendation
of the health services council, the state agency must render its reasons for doing so in writing.
(g) (f) Approval of new institutional health services or new health care equipment by the
state agency department shall be subject to conditions that may be prescribed by rules and
regulations developed by the state agency with the advice of the health services council, but those
conditions must relate to the considerations enumerated in subsection (e) and to considerations that
28 may be established in regulations in accordance with subsection (e)(14). may be subject to
conditions as necessary to promote affordability, accessibility, innovation, and quality standards.
(h) (g) The offering or developing of new institutional health services or health care
equipment by a health care facility without prior review by the health services council and approval
by the state agency department shall be grounds for the imposition of licensure sanctions on the
facility, including denial, suspension, revocation, or curtailment or for imposition of any monetary
fines that may be statutorily permitted by virtue of individual health care facility licensing statutes.
(i) (h) No government agency and no hospital or medical service corporation organized
under the laws of the state shall reimburse any health care facility or health care provider person
for the costs associated with offering or developing new institutional health services or new health
care equipment unless the health care facility or health care provider person has received the
approval of the state agency department in accordance with this chapter. Government agencies and
hospital and medical service corporations organized under the laws of the state shall, during budget
negotiations, hold health care facilities and health care providers accountable to operating
efficiencies claimed or projected in proposals which receive the approval of the state agency in
accordance with this chapter.
(j) (i) In addition, the state agency department shall not make grants to, enter into contracts
with, or recommend approval of the use of federal or state funds by any health care facility or health
care provider person which proceeds with the offering or developing of new institutional health
services or new health care equipment after disapproval by the state agency department .
Notwithstanding the requirements of any other provisions of any general or public laws,
capital expenditures by a health care facility that are not directly related to the provision of health
services as defined in this chapter , including, but not limited to, capital expenditures for parking
lots, billing computer systems, and telephone systems, shall not require a certificate of need review
and approval by the state agency.
Notwithstanding the requirements of any other provisions of any general or public laws,
capital expenditures by a health care facility related to research in basic biomedical or medical
research areas that are not directly related to the provision of clinical or patient care services shall
not require a certificate of need review and approval by the state agency department .
Notwithstanding the requirements of any other provisions of any general law or public
laws, voter approved state bond issues authorizing capital expenditures for state health care
facilities and all Rhode Island capital plan fund projects approved by the general assembly shall
not require a certificate of need review and approval by the state agency department .
(a) Any person who proposes to offer or develop new institutional health services or new
healthcare equipment for documented emergency needs; or for the purpose of eliminating or
preventing documented fire or safety hazards affecting the lives and health of patients or staff; or
for compliance with accreditation standards required for receipt of federal or state reimbursement;
or for any other purpose that the state agency may specify as may be further defined in rules and
regulations promulgated by the department , may apply for an expeditious review. The state agency
department may exercise its discretion in recommending approvals through an expeditious review ,
except that no new institutional health service or new healthcare equipment may be approved
through the expeditious review if provision of the new institutional health service or new healthcare
equipment is contra-indicated by the state health plan as may be formulated by the state agency .
Specific procedures for the conduct of expeditious reviews shall be promulgated in rules and
regulations adopted by the state agency department with the advice of the health services council.
(b) The decision of the state agency not to conduct an expeditious review shall be
reconsidered upon a written petition to the state agency, and the state agency shall be required to
respond to the written petition within ten (10) days stating whether expeditious review is granted.
If the request for reconsideration is denied, the state agency shall state the reasons in writing why
the expeditious request had been denied.
(c) The decision of the state agency in connection with an expeditious review shall be
rendered within thirty (30) days after the commencement of said review.
(d) Any healthcare facility that provides a service performed in another state and that is not
performed in the state of Rhode Island, or such service is performed in the state on a very limited
basis, shall be granted expeditious review upon request under this section, provided that such
service, among other things, has a clear effect on the timeliness, access, or quality of care and is
able to meet licensing standards.
(a) The state agency department , with the advice of the health services council, and in
accordance with the Administrative Procedures Act, chapter 35 of title 42, after public hearing
pursuant to reasonable notice, which notice shall include affected persons and healthcare facilities
located within the state that provide institutional health services , shall promulgate appropriate rules
and regulations that may be designated to further the accomplishment of the purposes of this chapter
including the formulation of procedures that may be particularly necessary for the conduct on of
reviews of particular types of new institutional health services or new health care equipment.
(b) Review procedures promulgated in accordance with subsection (a) shall include at least
the following, except that substitute procedures for the conduct of expeditious and accelerated
reviews may be promulgated by the state agency department in accordance with § 23-15-5:
(1) Provision that the state agency department established a process requiring potential
applicants to file a detailed letter of intent to submit an application at least forty-five (45) days prior
to the submission of an application and that the state agency shall undertake reviews in a timely
fashion no less often than twice a year and give written notification to affected persons of the
beginning of the review including the proposed schedule for the review , the period within which a
public meeting may be held, and the manner by which notification will be provided of the time and
place of any public meeting so held .
(2) Provision that no more than one hundred and twenty (120) days shall elapse between
initial notification of affected persons and the final decision of the state agency.
(3) (2) Provision that, if the state agency department fails to act upon an application within
the applicable period established in subsection (b)(2) § 23-15-4(e)(1) , the applicant may apply to
the superior court of Providence County to require the state agency department to act upon the
application.
(4) (3) Provision for review and comment by the health services council and comment by
any affected person , including but not limited to those parties defined in § 23-15-2(1) and the
department of business regulation, the department of behavioral healthcare, developmental
disabilities and hospitals, the department of human services, health maintenance organizations, and
the state professional standards review organization, on every application for the determination of
need.
(5) Provision that a public meeting may be held during the course of the state agency review
at which any person may have the opportunity to present testimony. Procedures for the conduct of
the public meeting shall be established in rules and regulations promulgated by the state agency
with the advice of the health services council.
(6) (4) (i) Provision for issuance of a written decision by the state agency department which
shall be based upon address and consider the findings and recommendations of the health services
council unless the state agency shall afford written justification for variance from that decision .
(ii) In the case of any proposed new institutional health service for the provision of health
services to inpatients, a state agency shall not make a finding that the proposed new institutional
health service is needed, unless it makes written findings recommendations as to:
(A) The efficiency and appropriateness of the use of existing inpatient facilities providing
inpatient services similar to those proposed;
(B) The capital and operating costs (and their potential impact on patient charges),
efficiency, and appropriateness of the proposed new institutional health services; and
(C) Makes each of the following findings in writing:
(I) That superior alternatives to inpatient services in terms of cost, efficiency, and
appropriateness do not exist and that the development of alternatives is not practicable;
(II) That, in the case of new construction, alternatives to new construction (e.g.,
modernization or sharing arrangements) have been considered and implemented to the maximum
extent practicable;
(III) That patients will experience serious problems in terms of costs, availability, or
accessibility, or any other problems that may be identified by the state agency, in obtaining inpatient
care of the type proposed in the absence of the proposed new service; and
(IV) That, in the case of a proposal for the addition of beds for the provision of skilled
nursing or intermediate care, the relationship of the addition to the plans of other agencies of the
state responsible for providing and financing long-term care (including home health services) has
been considered.
(7) (5) Provision for the distribution of the decision of the state agency department ,
including its findings and recommendations, to the applicant and to affected persons.
(8) (6) Provision that the state agency department may approve or disapprove in whole or
in part any application as submitted, but that the parties may mutually agree to a modification of
any element of an application as submitted, without requiring resubmission of the application.
(9) (7) (i) Provision that any person affected may request in writing reconsideration of a
state agency decision if the person:
(A) Presents significant relevant information not previously considered by the state agency;
(B) Demonstrates that there have been significant changes in factors or circumstances
relied upon by the state agency in reaching its decision;
(C) Demonstrates that the state agency has materially failed to follow its adopted
procedures in reaching its decision; or
(D) Provides any other basis for reconsideration that the state agency may have determined
by regulation to constitute good cause.
(ii) Procedures for reconsideration shall be established in regulations promulgated by the
state agency department with the advice of the health services council.
(10) (8) Provision that upon the request of any affected person, the decision of the state
agency to issue, deny, or withdraw a certificate of need or to grant or deny an exemption shall be
administratively reviewed under an appeals mechanism provided for in the rules and regulations of
the state agency, with the review to be conducted by a hearing officer appointed by the director of
health. The procedures for judicial review shall be in accordance with the provisions of § 42-35-
15. Provision for appeal by the applicant of the department's decision in accordance with § 42-35-
15.1(a).
(c) The state agency department shall publish at least annually a report of reviews of new
institutional health services and new health care equipment conducted, together with the findings
and decisions rendered in the course of the reviews. The reports shall be published on or about
4 February 1 of each year and shall contain evaluations of the prior year’s statutory changes where
feasible.
(d) All applications reviewed by the state agency department and all written materials
pertinent to state agency the department's review, including minutes of all health services council
meetings, shall be accessible to the public upon request.
(e) In the case or review of proposals by health care facilities who by contractual
agreement, chapter 19 of title 27, or other statute are required to adhere to an annual schedule of
budget or reimbursement determination to which the state is a party, the state budget office, the
office of the health insurance commissioner, and hospital service corporations organized under
chapter 19 of title 27 shall forward to the health services council within forty-five (45) days of the
initiation of the review of the proposals by the health services council under § 23-15-4(f)(1):
(1) A cost impact analysis of each proposal which analysis shall include, but not be limited
to, consideration of increases in operating expenses, per diem rates, health care insurance
premiums, and public expenditures; and
(2) Comments on acceptable interest rates and minimum equity contributions and/or
maximum debt to be incurred in financing needed proposals.
(f) The health services council shall not make a recommendation to the state agency that a
proposal be approved unless it is found that the proposal is affordable to the people of the state. In
determining whether or not a proposal is affordable, the health service council shall consider the
condition of the state’s economy, the statements of authorities and/or parties affected by the
proposals, and any other factors that it may deem appropriate.
Development of any new institutional health services or new health care equipment
approved by the state agency department must be initiated within one year two (2) years of the date
of the approval and may not exceed the maximum amount of capital expenditures specified in the
decision of the state agency without prior authorization of the state agency . The state agency
department , with the advice of the health services council, shall adopt procedures promulgate rules
and regulations for the review of the applicant’s failure to develop new institutional health services
or new health care equipment within the timeframe and capital limitation stipulated in this section,
and for the withdrawal of approval in the absence of a good faith effort to meet the stipulated
timeframe.
The state agency department shall require that any applicant for certificate of need submit
an application fee prior to requesting any review of matters pursuant to the requirements of this
chapter; except that health care facilities and equipment owned and operated by the state of Rhode
Island shall be exempt from this application fee requirement. The application fee shall be paid by
check made payable to the general treasurer. Except for applications that propose new or expanded
tertiary or specialty care services as defined in subdivision 23-15-2(10)(vi) § 23-15-2(14)(iv) ,
submission of any application filed in accordance with § 23-15-4(d) shall include an application
fee of five hundred dollars ($500) per application plus an amount equal to one quarter of one percent
(0.25%) of the total capital expenditure costs associated with the application. For an application
filed in accordance with the requirements of § 23-15-5 (Expeditious review), the application shall
include an application processing fee of seven hundred and fifty dollars ($750) per application plus
an amount equal to one quarter of one percent (0.25%) of the total capital expenditure costs
associated with the application. Applications that propose new or expanded tertiary or specialty
care services as defined in subdivision 23-15-2(10)(vi) § 23-15-2(14)(iv) , shall include an
application fee of ten thousand dollars ($10,000) plus an amount equal to one quarter of one percent
(0.25%) of the total capital expenditure costs associated with the application. Application fees shall
be non-refundable once the formal review of the application has commenced. All fees received
pursuant to this chapter shall be deposited in the general fund.
The state agency department may in effectuating the purposes of this chapter engage
experts or consultants including, but not limited to, actuaries, investment bankers, accountants,
attorneys, or industry analysts. Except for privileged or confidential communications between the
state agency department and engaged attorneys, all copies of final reports prepared by experts and
consultants, and all costs and expenses associated with the reports, shall be public. All costs and
expenses incurred under this provision shall be the responsibility of the applicant in an amount to
be determined by the director as he or she shall deem appropriate. No application made pursuant to
the requirements of this chapter shall be considered complete unless an agreement has been
executed with the director for the payment of all costs and expenses in accordance with this section.
The maximum cost and expense to an applicant for experts and/or consultants that may be required
by the state agency department shall be twenty thousand dollars ($20,000) fifty thousand dollars
($50,000) ; provided however, that the maximum amount shall be increased by regulations
promulgated by the state agency on or after January 1, 2008 annually by the most recently available
annual increase in the federal consumer price index as determined by the state agency department .
SECTION 11. Legislative findings. The general assembly finds and declares that:
(1) Birthing centers, including freestanding centers and hospital-operated birthing units,
play a critical role in ensuring safe, timely, and equitable access to maternal, perinatal, and newborn
care across Rhode Island.
(2) The closure or reduction of birthing centers has significant consequences for maternal
morbidity and mortality, newborn outcomes, emergency transport times, and regional healthcare
capacity.
(3) Rhode Island law does not require sufficient advance notice, public transparency, or
rigorous financial review before a birthing center is closed or its operations are significantly
reduced.
(4) Given ongoing consolidation within regional healthcare systems, it is essential that the
state receive complete and accurate financial information, including system-level data, to determine
whether a birthing center's closure is truly unavoidable.
(5) It is in the public interest to establish a strong review process requiring advance notice,
robust financial disclosure, community engagement, and independent analysis to protect Rhode
Island families, particularly in underserved and high-risk communities.
SECTION 12. Chapter 23-17.14 of the General Laws entitled "The Hospital Conversions
Act" is hereby amended by adding thereto the following section:
(a) For purposes of this section:
(1) "Applicant" means the birthing center submitting an application pursuant to subsection
(d) of this section.
(2) "Birthing center" means any freestanding birthing center licensed under chapter 17 of
title 23, and any birthing unit, maternity unit, perinatal unit, or labor-and-delivery service operated
by a hospital or healthcare facility.
(3) "Closure" means the permanent cessation of all birthing services at a birthing center.
(4) "Closure application" means the application required by subsection (d) of this section.
(5) "Discontinuation of services" means the cessation of any prenatal, perinatal,
postpartum, or birthing-related service or program offered by a birthing center without complete
closure of the facility.
(6) "Significant reduction" or "significantly reduced" means:
(i) A reduction of twenty-five percent (25%) or more in capacity or annual volume;
(ii) A reduction in operating hours by twenty-five percent (25%) or more;
(iii) Elimination of labor, delivery, or postpartum services; or
(iv) Any relocation of birthing-related services outside the municipality in which the
service is currently located.
(b) No birthing center shall be closed, terminated, relocated, or significantly reduced
without the prior written approval of the director of the department of health.
(c) A facility proposing closure or significant reduction of a birthing center shall file a
closure application with the director of the department of health no fewer than one hundred eighty
(180) days prior to the proposed effective closure date. Notice shall also be provided to:
(1) The city or town council within the municipality in which the birthing center is located;
(2) The birthing center's patients and personnel;
(3) The patient advocacy groups within the state that support maternal and child health;
(4) All local EMS agencies;
(5) Local and state media outlets by written publication; and
(6) The speaker of the house and the president of the senate.
(d) Prior to the discontinuation or significant reduction of services at a birthing center, its
controlling officers shall provide a closure application to the director of the department of health,
the contents of which shall be a considered public record and posted on the department of health's
website. The closure application shall include:
(1) An access impact assessment that details:
(i) The number of beds within the impacted birthing unit;
(ii) The number of existing patients within the impacted birthing unit;
(iii) The number of employees and staff within the impacted birthing unit;
(iv) Affected healthcare services for traditionally underserved populations;
(v) Affected healthcare services for the affected community; and
(vi) Other licensed birthing centers in the affected community and the distance of those
facilities to the applicant's birthing center.
(2) A detailed evaluation of:
(i) Annual deliveries, prenatal visits, postpartum care, and newborn services;
(ii) Impact on high-risk pregnancies, low-income families, and Medicaid members;
(iii) EMS transport impacts; and
(iv) Projected changes in maternal morbidity and newborn outcomes.
(3) A patient transition plan, including:
(i) Protocols for laboring patient transfers;
(ii) EMS and hospital coordination;
(iii) Continuity plans for prenatal patients beyond twenty (20) weeks gestation;
(iv) Transfer agreements with receiving hospitals or birthing centers; and
(v) Protocols for the storage of and access to medical records.
(4) Workforce plan, including detailed descriptions of:
(i) Staffing levels;
(ii) Proposed layoff or reassignment plans; and
(iii) Transition plans for licensed midwives, doulas, nurses, and obstetric clinicians.
(5) Financial justification, certified by a certified public accountant, including:
(i) Five (5) years of audited financial statements for the birthing center and operating
hospital, if applicable, parent health system, and all controlled affiliates, subsidiaries, and
management entities;
(ii) Detailed service-level financials, including, revenues, expenses, and margins, volume
trends, overhead allocation methodology, and documentation of any staffing cuts, resource
reductions, or underinvestment contributing to financial decline;
(iii) Five (5) year forward projection, including, break-even analyses, capital investment
needs, labor costs, and sensitivity analyses for multiple scenarios; and
(iv) Parent system financial capacity review, including, reserves and unrestricted funds,
cash on hand, investments and endowment holdings, executive compensation, and intercompany
transfers or management fees.
(6) Comparative analysis of at least three (3) alternatives to closure including, but not
limited to, shared staffing models, partnerships with community providers or regional systems,
cross-subsidization by the parent system, and/or redesign or modernization; and
(7) The applicant's controlling officers shall certify that neither the birthing center nor
parent system engaged in actions that materially contributed to financial instability including, but
not limited to, understaffing, reduction of capital investment, curtailment of marketing or referral
pathways, diversion of patients, and/or failure to pursue available external funding.
(e) The director of the department of health shall deny a closure application that fails to
satisfy the requirements of this section.
(f) An independent expert, selected by the department of health and paid for by the
applicant, shall evaluate sustainability, feasible restructuring alternatives, and pathways to avoid
closure or significant reduction of services.
(g)(1) Within sixty (60) days of receiving the notice required by subsection (c) of this
section, the director of the department of health shall hold a public hearing. The applicant's
controlling officers shall attend the public hearing and members of the public shall be permitted to
participate and offer testimony; the director of the department of health shall provide twenty-one
(21) days written notice on the department of health's website of the date, time, and location of the
public hearing.
(2) Within thirty (30) days of receiving a closure application that satisfies the requirements
of subsection (d) of this section, the director of the department of health shall hold a public hearing.
The applicant's controlling officers shall attend the public hearing and members of the public shall
be permitted to participate and offer testimony; the director of the department of health shall
provide twenty-one (21) days written notice on the department of health's website of the date, time,
and location of the public hearing.
(h) The director of the department of health shall not approve an application submitted
pursuant to subsection (d) of this section unless the applicant demonstrates, by clear and convincing
evidence, that:
(1) The birthing center cannot reasonably be sustained through restructuring, alternative
staffing models, or system-level financial support;
(2) No feasible alternatives exist that would maintain safe and accessible birthing services;
(3) Closure shall not exacerbate maternal, newborn, racial, economic, or geographic
disparities; and
(4) Adequate, timely, and safe birthing access shall remain for the affected population.
(i) Notwithstanding any other provision in the general laws, the director of the department
of health shall have the sole authority to review all applications submitted under this section and
shall issue a written decision within ninety (90) days of the public hearing that follows the
applicant's submission of the completed closure application. The decision of the director of the
department of health shall approve, deny, or approve with conditions, the closure application.
(j) The department of health shall not amend a facility license issued pursuant to chapter
17 of title 23 to remove a birthing center unless the requirements of this section have been fulfilled.
(k) Failure to comply with the requirements of this section shall subject the entity required
to comply with the provisions of this section to civil penalties not to exceed twenty-five thousand
dollars ($25,000) per violation. Each day of noncompliance shall constitute a separate violation.
(l) The department of health shall adopt rules and regulations to implement and enforce the
provisions of this section.
SECTION 13. Title 27 of the General Laws entitled "INSURANCE" is hereby amended
by adding thereto the following chapter:
CHAPTER 84
PHARMACY BENEFIT MANAGER TRANSPARENCY REPORTING AND STUDY ACT
This chapter shall be known and may be cited as the “Pharmacy Benefit Manager
Transparency Reporting and Study Act.”
As used in this chapter:
(1) "Aggregate retained rebate percentage" means the percentage of all rebates received
from a manufacturer or other entity to a pharmacy benefit manager for prescription drug utilization
which is not passed on to the pharmacy benefit manager’s health carrier clients. The percentage
shall be calculated for each health carrier for rebates in the prior calendar years as follows:
(i) The sum total dollar amount of rebates received from all pharmaceutical manufacturers
for all utilization of covered persons of a health carrier that was not passed through to the health
carrier;
(ii) Divided by the sum total dollar amount of all rebates received from all pharmaceutical
manufacturers for covered persons of a health carrier.
(2) "Health benefit plan" means a policy, contract, certificate or agreement offered or
issued by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of
healthcare services.
(3) "Health carrier" means an entity subject to the insurance laws and regulations of this
state, or subject to the jurisdiction of the health insurance commissioner, that contracts or offers to
contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of
the cost of healthcare services, including a health insurance company, a health maintenance
organization, a hospital and health services corporation, or any other entity providing a plan of
health insurance, health benefits or healthcare services.
(4) "Pharmacy benefit manager" means a person, business, or other entity that, pursuant to
a contract or under an employment relationship with a health carrier, a self-insurance plan, or other
third-party payer, either directly or through an intermediary, manages the prescription drug
coverage provided by the health carrier, self-insurance plan, or other third-party payer including,
but not limited to, the processing and payment of claims for prescription drugs, the performance of
drug utilization review, the processing of drug prior authorization requests, the adjudication of
appeals or grievances related to prescription drug coverage contracting with network pharmacies,
and controlling the cost of covered prescription drugs.
(5) "Rebates" means all price concessions paid by a manufacturer to a pharmacy benefit
manager or health carrier, including rebates, discounts, and other price concessions that are based
on actual or estimated utilization of a prescription drug. Rebates also include price concessions
based on the effectiveness of a drug as in a value-based or performance-based contract.
(6) "Spread pricing" means any amount charged or claimed by a pharmacy benefit manager
to a health carrier that is in excess of the amount the pharmacy benefit manager paid to the
pharmacy that filled the prescription.
(7) "Trade secrets" has the meaning found in § 6-41-1.
(a) Beginning March 1, 2027, and annually thereafter, each pharmacy benefit manager shall
submit a transparency report containing data from the prior calendar year to the health insurance
commissioner. The transparency report shall contain the following information:
(1) The aggregate amount of all rebates that the pharmacy benefit manager received from
all pharmaceutical manufacturers for all health carrier clients and for each health carrier client;
(2) The aggregate administrative fees that the pharmacy benefit manager received from all
manufacturers for all health carrier clients and for each health carrier client;
(3) The aggregate retained rebates that the pharmacy benefit manager received from all
pharmaceutical manufacturers and did not pass through to health carriers;
(4) The aggregate retained rebate percentage as defined in § 27-84-2;
(5) The highest, lowest, and mean aggregate retained rebate percentage for all health carrier
clients and for each health carrier client; and
(6) A response to a set of standard questions developed by the health insurance
commissioner regarding business practices including, but not limited to, rebate pass through
practices, spread pricing, pharmacy network development, and utilization management.
(b) A pharmacy benefit manager providing information under this section shall provide
complete information to the health insurance commissioner but may request that the health
insurance commissioner designate certain material as a trade secret with a factual and legal analysis
supporting such request. Disclosure, however, may be ordered by a court of this state for good
cause shown or made in a court filing.
(c) Within sixty (60) days of receipt of complete reports, the health insurance commissioner
shall publish the transparency report of each pharmacy benefit manager on the agency’s website in
a form and manner that does not violate state trade secrets law.
(d) The health insurance commissioner may impose administrative penalties in accordance
with § 42-14-16 for violations of this section.
(a) On or before October 1, 2027, the health insurance commissioner shall provide the
governor and the general assembly with an analysis of the reporting information furnished pursuant
to § 27-84-3. The report shall also include a review of the role of pharmacy benefit managers in the
structure and cost of health insurance, a review of approaches to pharmacy benefit manager
regulation in other states, and any recommended actions to improve the oversight of pharmacy
benefit managers doing business in Rhode Island.
(b) The health insurance commissioner may contract with actuaries and other subject
matter experts to assist the commissioner in conducting the study required under this section. The
actuaries and other experts shall serve under the direction of the health insurance commissioner.
Health insurance companies doing business in this state including, but not limited to, nonprofit
hospital service corporations and nonprofit medical service corporations established pursuant to
chapters 19 and 20 of title 27, and health maintenance organizations established pursuant to chapter
41 of title 27, shall bear the cost of these actuaries and subject matter experts according to a
schedule of their direct writing of health insurance in this state as determined by the health
insurance commissioner. The amount to be invoiced to and paid by the above-described health
insurance companies doing business in this state for the study conducted under this section shall
not exceed a total of one hundred seventy-five thousand dollars ($175,000).
The health insurance commissioner may promulgate rules and regulations as are necessary
to carry out and effectuate the provisions of this chapter.
Section 14. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human
Services", is hereby amended by adding thereto the following section:
" 42-7.2-21 Pharmacy Scope of Practice Report.
(a) On or before January 1, 2027, the executive office shall submit a report regarding issues
related to the expansion of pharmacists' scope of practice contained in the FY 2027 budget. The
report shall be prepared in consultation with the department of health and the office of the health
insurance commissioner and include analyses and recommendations relating to:
(1) Oversight;
(2) Payment parity;
(3) Network adequacy requirements;
(4) Necessary technology upgrades;
(5) Medicaid impacts including potential requirements such as State Plan Amendments and
managed care organization contracts;
(6) Commercial insurance impacts; and
(7) Alignment between Medicaid, commercial insurance, and insurance on the health
insurance marketplace.
(b) The report shall be submitted to the speaker of the house, president of the senate, chairs
of the house and senate finance committees, chairs of the house and senate health and human
services committees, and the governor.
SECTION 15. Section 42-7.4-3 of the General Laws in Chapter 42-7.4 entitled "The
Healthcare Services Funding Plan Act" is hereby amended to read as follows:
(a) Each insurer is required to pay the healthcare services funding contribution for each
contribution enrollee of the insurer at the time the contribution is calculated and paid, at the rate set
forth in this section.
(1) Beginning January 1, 2016, the secretary shall set the healthcare services funding
contribution each fiscal year in an amount equal to: (i) The child immunization funding requirement
described in § 23-1-46; plus (ii) The adult immunization funding requirement described in § 23-1-
46; plus (iii) The children’s health services funding requirement described in § 42-12-29; and all
as divided by (iv) The number of contribution enrollees of all insurers.
(2) The contribution set forth herein shall be in addition to any other fees or assessments
upon the insurer allowable by law.
(b) The contribution shall be paid by the insurer; provided, however, a person providing
health benefits coverage on a self-insurance basis that uses the services of a third-party
administrator shall not be required to make a contribution for a contribution enrollee where the
contribution on that enrollee has been or will be made by the third-party administrator.
(c) Beginning calendar year 2026, and sunsetting effective October 1, 2026, in addition to
the assessment collection pursuant to subsection (a), there shall be an additional amount assessed
pursuant to (i) and (ii), to support primary care and other critical healthcare programs totaling thirty
million dollars ($30,000,000) annualized , which shall be deposited as general revenues.
SECTION 16. Section 42-14.5-2.1 of the General Laws in Chapter 42-14.5 entitled "The
Rhode Island Health Care Reform Act of 2004 — Health Insurance Oversight" is hereby amended
to read as follows:
28 42-14.5-2.1. Definitions.
As used in this chapter:
(1) “Accountability standards” means measures including service processes, client and
population outcomes, practice standard compliance, and fiscal integrity of social and human service
providers on the individual contractual level and service type for all state contracts of the state or
any subdivision or agency to include, but not limited to, the department of children, youth and
families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH), the department of human services (DHS), the department of health (DOH), and
Medicaid. This may include mandatory reporting, consolidated, standardized reporting, audits
regardless of organizational tax status, and accountability dashboards of aforementioned state
departments or subdivisions that are regularly shared with the public.
(2) "Accountable care organization" means, for the purposes of § 42-14.5-3.2, a provider
organization contracted with one or more payers and held accountable for the quality of health care,
outcomes and total cost of care of an attributed commercial and/or Medicare population.
(3) "Accountable entity" means, for the purposes of § 42-14.5-3.2, a provider organization
contracted with one or more Rhode Island Medicaid insurers and held accountable for the quality
of health care, outcomes and total cost of care of an attributed Medicaid population.
(2) (4) “Executive Office of Health and Human Services (EOHHS)” means the department
that serves as “principal agency of the executive branch of state government” (§ 42-7.2-2)
responsible for managing the departments and offices of: health (RIDOH), human services (DHS),
healthy aging (OHA), veterans services (VETS), children, youth and families (DCYF), and
behavioral healthcare, developmental disabilities and hospitals (BHDDH). EOHHS is also
designated as the single state agency with authority to administer the Medicaid program in Rhode
Island.
(5) "Healthcare cost growth target" means the targeted annual per capita growth rate for
Rhode Island’s total healthcare spending, expressed as the percentage growth from the prior year’s
per capita spending.
(6) "Large provider entity" means a provider organization contracted with one or more
payers that, at a minimum, includes professional providers to whom patients can be attributed, and
that collectively, during any given calendar year, has at least sixty thousand (60,000) attributed
member months across payers in the commercial, Medicaid or Medicare market, enabling the
organization to participate in total cost of care contracts, even if it is not engaged in a total cost of
care contract as an Accountable Care Organization or a Medicaid Accountable Entity.
(7) "Market" means the highest level of categorization of the health insurance market and
shall include Medicare Fee-For-Service and Medicare Managed Care, collectively referred to as
the "Medicare market;" Medicaid Fee-for-Service and Medicaid Managed Care, collectively
referred to as the "Medicaid market;" and individual, self-insured, small and large group markets
and student health insurance, collectively referred to as the "commercial market."
(8) "Net cost of private health insurance" means the costs to Rhode Island residents
associated with the administration of private health insurance, including Medicare Managed Care
and Medicaid Managed Care. It is defined as the difference between health premiums earned and
benefits incurred, and consists of insurers’ costs of paying bills, advertising, sales commission and
other administrative costs, premium taxes, and profits (or contributions to reserves) or losses.
(9) "Payer" means any public payer, including Medicaid and Medicare; any health insurer
offering Medicaid Managed Care or Medicare Managed Care plans in Rhode Island; any
commercial health insurer, defined as an entity subject to the insurance laws and regulations of
Rhode Island, or subject to the jurisdiction of the health insurance commissioner, that contracts or
offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare
services including, without limitation, an insurance company offering accident and sickness
insurance, a health maintenance organization, a nonprofit hospital service corporation, a nonprofit
medical service corporation, and a nonprofit hospital and medical service corporation; and any
commercial health insurer that provides benefit administration for self-insured employers or labor
trusts, or both.
(10) "Pharmaceutical manufacturer" means any entity holding legal title to or possession
of a national drug code number issued by the federal Food and Drug Administration.
(11) "Pharmacy benefit manager" has the same meaning as defined in § 27-19-26.2.
(12) "Primary care expenditures" means all claims-based and non-claims-based payments
by commercial health insurers, Medicaid, and Medicare directly to a primary care practice or
accountable care organization for primary care services delivered to Rhode Island residents at a
primary care site of care, which shall include a primary care outpatient setting, federally qualified
health center, school-based health center, or via telehealth, but shall not include a third-party
telehealth vendor that does not contract with such sites of care to deliver services. A primary care
site of care also does not include urgent care centers or retail pharmacy clinics.
(3) (13) “Primary care services” means, for the purposes of reporting required under § 42-
14.5-3(t), professional services rendered by primary care providers at a primary care site of care,
including care management services performed in the context of team-based primary care.
(14) "Provider" has the same meaning as defined in §§ 27-18-1.1, 27-19-1, and 27-20-1.
(4) (15) “Rate review” means the process of reviewing and reporting of specific trending
factors that influence the cost of service that informs rate setting.
(5) (16) “Rate setting” means the process of establishing rates for social and human service
programs that are based on a thorough rate review process.
(6) (17) “Social and human service program” means a social, mental health, developmental
disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance
use disorder treatment, residential care, adult or adolescent day services, vocational, employment
and training, or aging service program or accommodations purchased by the state.
(7) (18) “Social and human service provider” means a provider of social and human service
programs pursuant to a contract with the state or any subdivision or agency to include, but not be
limited to, the department of children, youth and families (DCYF), the department of behavioral
healthcare, developmental disabilities and hospitals (BHDDH), the department of human services
(DHS), the department of health (DOH), and Medicaid.
(8) (19) “State government and the provider network” refers to the contractual relationship
between a state agency or subdivision of a state agency and private companies the state contracts
with to provide the network of mandated and discretionary social and human services.
(20) "Total healthcare expenditures" means the total medical expense incurred by Rhode
Island residents for all healthcare services for all payers reporting to the office of the health
insurance commissioner, inclusive of prescription drugs, plus their net cost of private health
insurance.
(21) "Total medical expense" means the sum of the allowed amount of total claims and
total non-claims spending paid to providers, inclusive of prescription drugs, incurred by Rhode
Island residents for all healthcare services.
SECTION 17. Chapter 42-14.5 of the General Laws entitled "The Rhode Island Health
Care Reform Act of 2004 — Health Insurance Oversight" is hereby amended by adding thereto the
following section:
(a) The health insurance commissioner shall establish a health spending accountability and
transparency program with the following goals that are designed to promote affordability and curb
healthcare spending growth in Rhode Island:
(1) Understand and create transparency around healthcare costs and the drivers of cost
growth;
(2) Create shared accountability for healthcare costs and cost growth among insurers,
providers, and government by measuring performance against a cost growth target tied to one or
more economic indicators; and
(3) Lessen the negative impact of rising healthcare costs on Rhode Island residents,
businesses, and government.
(b) The health insurance commissioner shall administer the health spending accountability
and transparency program and shall convene and chair the following advisory bodies to provide
input into the implementation of the program:
(1) An affordability advisory committee comprised of individuals without direct financial
interests in the healthcare system including, but not limited to, independent health policy experts,
consumers or consumer representatives, employers or employer representatives, and
representatives of organized labor. The affordability advisory committee shall consist of eight (8)
members, as follows:
(i) Two (2) independent health policy expert members shall be appointed by the governor;
(ii) One consumer representative and one employer or organized labor representative shall
be appointed by the president of the senate;
(iii) One consumer representative and one employer or organized labor representative shall
be appointed by the speaker of the house;
(iv) The secretary of health and human services or their designee; and
(v) The health insurance commissioner or their designee;
(2) A stakeholder advisory council that includes, but shall not be limited to, representatives
of hospitals, health insurers, providers, and pharmaceutical manufacturers, in addition to
independent health policy experts, consumers or consumer representatives, employers or employer
representatives, and representatives of organized labor, all of whom shall be appointed by the health
insurance commissioner.
(c) For calendar years 2026 and 2027, the health insurance commissioner shall establish
the annual healthcare cost growth targets pursuant to the 2023 Compact to Reduce the Growth in
Healthcare Costs while Improving Healthcare Access, Equity, Patient Experience, and Quality in
Rhode Island.
(d) Not later than July 1, 2027, and every three (3) years thereafter, the health insurance
commissioner shall establish annual healthcare cost growth targets for the succeeding three (3)
calendar years for payers and large provider entities. In developing the healthcare cost growth
targets, the commissioner shall minimally consider:
(1) Historical and forecasted changes in median household income in the state;
(2) The growth rate of potential gross state product;
(3) The most recent annual report prepared by the health insurance commissioner, pursuant
to subsection (g) of this section;
(4) Recommendations from the affordability advisory committee and stakeholder advisory
council established pursuant to subsections (b)(1) and (b)(2) of this section, including any
information and analyses used to inform such recommendations.
(e) Not later than July 1, 2027, and every five (5) years thereafter, the health insurance
commissioner, in collaboration with the executive office of health and human services, shall
establish annual all-payer primary care investment targets for the succeeding five (5) calendar
years. In developing the all-payer primary care investment targets, the commissioner shall consider
recommendations from the affordability advisory committee and stakeholder advisory council
pursuant to subsections (b)(1) and (b)(2) of this section.
(f) The health insurance commissioner shall establish requirements for payers to report data
and other information necessary to calculate and monitor healthcare cost growth; evaluate
performance against the healthcare cost growth target established under subsections (c) and (d) of
this section; evaluate performance against the all-payer primary care investment target established
under subsection (e) of this section; and measure quality, public health, and health equity
performance, as defined by the health insurance commissioner. Such data shall include but not be
limited to:
(1) Total and per capita healthcare expenditures;
(2) Total and per capita medical expenses;
(3) Net cost of private health insurance;
(4) Primary care expenditures;
(5) Quality performance data from the office of the health insurance commissioner’s
aligned measure set, as designated by the health insurance commissioner, with input from a
workgroup with expertise in quality measure alignment convened by the health insurance
commissioner; and
(6) Performance on a set of public health and accountability measures, as designated by the
health insurance commissioner, with input from the executive office of health and human services,
the department of health, and a workgroup with expertise in public health convened by the health
insurance commissioner.
(g) The health insurance commissioner shall publish an annual report on healthcare
spending and quality in Rhode Island which includes, but is not limited to, the following:
(1) Total and per capita healthcare spending trends at the statewide, insurance market,
individual payer, and large provider entity levels, including performance against the cost growth
target at each of these levels;
(2) Net cost of private health insurance by insurance market and payer;
(3) Primary care spending as a percentage of total medical expenses and annual primary
care spending growth, including progress toward meeting the all-payer primary care investment
target established in subsection (e) of this section;
(4) An analysis of the drivers of healthcare spending growth by service category, as well
as the relative contribution of utilization and price on the rate of growth, using data from the All-
Payer Claims Database;
(5) Performance on select quality measures from the health insurance commissioner
commissioner’s aligned measure set, pursuant to subsection (f)(5) of this section;
(6) Performance on a set of public health and accountability measures pursuant to
subsection (f)(6) of this section;
(7) Status of ongoing performance improvement plans, results of performance
improvement plans completed during the prior performance year, and any penalties imposed due
to non-compliance with developing or implementing a performance improvement plan pursuant to
subsection (i) of this section; and
(8) Recommendations for policy changes that may include, but not be limited to, strategies
to improve affordability for Rhode Island residents, control healthcare spending growth while
maintaining high standards for quality health care, and improve the oversight, performance and
efficiency of Rhode Island’s healthcare system.
(h)(1) The health insurance commissioner shall convene an annual public hearing
following the release of the annual report required pursuant to subsection (g) of this section. Such
public hearing shall involve an examination of:
(i) The report most recently prepared by the health insurance commissioner pursuant to
subsection (g) of this section;
(ii) The expenditures of provider entities and payers including, but not limited to,
healthcare cost trends, primary care spending as a percentage of total medical expenses, and the
factors contributing to such costs and expenditures; and
(iii) Any other matters that the health insurance commissioner deems relevant for the
purposes of this section.
(2) The health insurance commissioner may require any payer or provider entity that, for
the performance year, is found to have exceeded the healthcare cost growth target or has failed to
meet the all-payer primary care investment target, to participate in such hearing. The health
insurance commissioner may further require any payer, provider entity, or other entity including,
but not limited to, a pharmaceutical manufacturer or pharmacy benefit manager, that is found to
have significantly contributed to healthcare spending growth in the state, as determined by the
commissioner, to participate in such hearing. Each payer, provider entity, or other entity that is
required to participate in such hearing shall provide testimony on issues identified by the health
insurance commissioner and provide additional information on actions taken to reduce such payer’s
or entity’s contribution to future statewide healthcare spending or to increase such payer’s or
provider entity’s primary care spending as a percentage of total medical expenses.
(3) The health insurance commissioner shall allow representatives from consumer groups,
employers, organized labor, community organizations, members of the public, and other interested
parties to provide testimony as part of the annual public hearing.
(i)(1) The health insurance commissioner may require any commercial health insurer or
large provider entity that has commercial market spending growth that exceeds the healthcare cost
growth target in any two (2) out of three (3) performance years to develop and implement a
performance improvement plan. For the purposes of requiring a performance improvement plan, a
large provider entity must have at least one hundred twenty thousand (120,000) attributed member
months across commercial health insurers.
(2) A performance improvement plan must:
(i) Identify key spending drivers and include concrete strategies and steps a large provider
entity or commercial health insurer will take to address such spending drivers;
(ii) Identify an appropriate timeline for implementation, including a timeframe by which
the large provider entity or commercial health insurer will be subject to an evaluation by the health
insurance commissioner; and
(iii) Have clear measurements of success. The commissioner may provide guidance,
feedback, and additional recommendations to a commercial health insurer or large provider entity
in developing a performance improvement plan.
(3) The health insurance commissioner shall review and approve, modify, or reject all
performance improvement plans.
(4) The health insurance commissioner shall monitor implementation throughout the
duration of the performance improvement plan to assess compliance with the performance
improvement plan’s terms and shall determine at the conclusion of the performance improvement
plan whether the entity has adequately addressed the targeted spending drivers.
(5) Prior to requiring a commercial health insurer or large provider entity to develop or
implement a performance improvement plan pursuant to this subsection, the health insurance
commissioner shall provide the affected entity with:
(i) Written notice of the determination that the entity is subject to a performance
improvement plan requirement;
(ii) The data, methodology, calculations, and performance measures relied upon by the
commissioner in making such determination; and
(iii) A reasonable opportunity to submit written comments, supporting documentation, and
any other information relevant to the determination for consideration by the commissioner.
(6) The commissioner shall review and consider any information submitted pursuant to
subsection (5)(iii) of this section prior to issuing a final determination requiring a performance
improvement plan.
(7) If the health insurance commissioner determines that the performance improvement
plan does not adequately meet the requirements in subsection (i)(2) of this section, or that an entity
has failed to comply with the terms of the performance improvement plan pursuant to subsection
(i)(4), the commissioner may impose a financial penalty on the commercial health insurer or large
provider entity. The health insurance commissioner shall develop criteria for imposing the financial
penalty based on factors that include, but are not limited to:
(i) The degree to which the large provider entity or commercial health insurer exceeded the
target;
(ii) The size of the large provider entity or commercial health insurer entity;
(iii) The good faith efforts of the large provider entity or commercial health insurer to
address healthcare spending growth; and
(iv) The financial condition of the large provider entity or commercial health insurer,
according to criteria adopted by the health insurance commissioner.
(8) Prior to the imposition of any financial penalty pursuant to subsection (i)(7) of this
section, the affected commercial health insurer or large provider entity shall be afforded an
administrative hearing conducted pursuant to chapter 35 of title 42. Following such hearing, the
commissioner shall issue a written final decision setting forth findings of fact and conclusions of
law. Any final decision imposing a financial penalty shall be subject to judicial review pursuant to
(9) The total cost of the health insurance commissioner’s review of a performance
improvement plan pursuant to subsection (i)(3) of this section, monitoring implementation of a
performance improvement plan pursuant to subsection (i)(4) of this section, and determination of
compliance with a performance improvement plan pursuant to subsection (i)(4) of this section shall
be borne by the commercial health insurer or large provider entity subject to the performance
improvement plan, according to parameters defined by the health insurance commissioner.
(j) The health insurance commissioner may establish data sharing agreements with the
executive office of health and human services, department of health, and any other identified state
agency to meet the requirements of this section and ensure a comprehensive view of healthcare
spending trends.
(k) The health insurance commissioner shall adopt a schedule of civil penalties determined
by the severity of the violation for:
(1) Any payer that fails to submit required data, submits incomplete data, or otherwise
obstructs data reporting pursuant to subsection (f) of this section; and
(2) Any payer, provider, or other entity that fails to comply with the health insurance
commissioner’s request to provide testimony during the annual public hearing pursuant to
subsection (h) of this section.
SECTION 18. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby amended by adding thereto the following chapter:
CHAPTER 157.2
RHODE ISLAND MARKETPLACE AFFORDABILITY PROGRAM ACT OF 2026
(a) This chapter shall be known and may be cited as the "Rhode Island Marketplace
Affordability Program Act of 2026."
(b) The purpose of this chapter is to create a state affordability program to reduce health
insurance premiums for low- and moderate-income consumers enrolled in health insurance
coverage through the Rhode Island health benefit exchange.
13 42-157.2-2. Definitions.
As used in this chapter:
(1) "Exchange" means the Rhode Island health benefit exchange established within the
department of administration by § 42-157-1.
(2) "Health insurance coverage" has the same meaning as set forth in § 27-18.5-2.
(3) "Individual market" has the same meaning as set forth in § 27-18.5-2.
(4) “Insurer” has the same meaning as set forth in § 42-157-2.
(5) "Program" means the Rhode Island individual market affordability program established
21 by § 42-157.2-3.
(6) "State" means the State of Rhode Island.
(a) The exchange is authorized to establish and administer a state-based affordability
program, to be known as the Rhode Island individual market affordability program.
(b) The program is intended to mitigate the impact of high and rising healthcare costs for
low- and middle-income Rhode Islanders who purchase health insurance coverage through the
exchange.
(c) The program may provide state-based subsidies to individuals enrolled in health
insurance coverage through the exchange to make health insurance coverage more accessible and
affordable for individuals and households.
(a) State-based subsidy amounts shall be based on annual affordability percentages,
following the methodology established by the exchange under § 42-157.2-5.
(b) Any state-based subsidy provided by the program will be remitted by the exchange to
the insurer selected by the eligible enrollee.
(c) A state-based subsidy provided by the program shall be provided only to a Rhode Island
resident who is determined eligible by the exchange for the federal premium tax credit authorized
under § 36B of the Internal Revenue Code and enrolled in health insurance coverage through the
exchange.
(1) A state-based subsidy may also be provided by the program to a Rhode Island resident
whose household income exceeds the limit set forth under § 36B of the Internal Revenue Code but
meets all other eligibility criteria for the federal premium tax credit authorized under § 36B of the
Internal Revenue Code, and is enrolled in health insurance coverage through the exchange.
(a) Subject to appropriation, the exchange shall adopt by September 30, and may amend,
annual affordability percentages for each upcoming coverage year to implement this chapter.
(b) Methodology for determining annual affordability percentages shall be set forth in
regulations promulgated by the exchange, consistent with the purposes of this chapter. The
exchange shall utilize this methodology to develop the annual affordability percentages.
(c) Annual affordability percentages, and any amendments thereto, shall be adopted by the
exchange after a duly noticed public meeting with advice from the exchange advisory board
established under § 42-157-7.
(1) The affordability percentages adopted for a coverage year shall be based on funds
appropriated for the fiscal year that includes the first six (6) months of that coverage year to the
program for that coverage year and consistent with the parameters specified in § 42-157.2-4.
(i) All unexpended or unencumbered balances of appropriations at the end of any fiscal
year shall be reappropriated to the following fiscal year and made immediately available for same
purposes as the former appropriations.
(2) The exchange shall provide appropriate opportunities for stakeholders and the public
to consult in the adoption of the affordability percentages.
(3) The affordability percentages shall be tailored to maximize impact, targeting premium
assistance to enrollees based on their income and premium burden after accounting for other federal
and state assistance.
(i) For the year beginning January 1, 2027, the affordability percentages shall prioritize
households with incomes below two hundred percent (200%) of the federal poverty level.
(a) The exchange may promulgate regulations as necessary to carry out the purposes of this
chapter.
(b) The requirements of chapter 35 of title 42 (the "administrative procedures act") shall
apply for any rules or regulations established or issued by the exchange pursuant to this chapter,
except for the first implementation year of the program established under this chapter.
(1) For the first implementation year, the exchange shall provide opportunities for
stakeholders and the public to provide input. This shall include, but is not limited to:
(i) A duly noticed public meeting with advice from the exchange advisory board
established under § 42-157-7;
(ii) A thirty (30) day public comment period; and
(iii) Presentation by the exchange to the public of accompanying explanatory
documentation outlining any proposed regulatory adoption, any significant changes thereto, and
the rationale for those decisions.
(a) This chapter shall not be construed to create an entitlement, medical assistance, or
public assistance program of any kind, to appropriate any funds, to require the general assembly to
appropriate any funds, or to increase or decrease taxes owed by a taxpayer.
(b) In construing this chapter, the regulations promulgated by the exchange pursuant to §
42-157-14 shall apply to the extent those regulations do not conflict with this chapter or regulations
promulgated by the exchange pursuant to § 42-157.2-6(a).
The provisions of this chapter are severable, and if any provision hereof shall be held
invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances.
SECTION 19. Section 42-166-2 of the General Laws in Chapter 42-166 entitled "The
Ladders to Licensure Program" is hereby amended to read as follows:
Any appropriated funds shall be used to provide grants to three (3) or four (4) at least two
(2) grantee partnerships, consisting of multiple private sector health and human services employer
organizations and education grantee partnerships (with at least one focused on behavioral health
and one focused on nursing). Employers will be required to contribute a twenty-five percent (25%)
in-kind match and a ten percent (10%) cash match.
SECTION 20. This article shall take effect upon passage.
=======
art.013/5/013/4/013/3/013/2/013/1
=======
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2026
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
this act, the following general revenue amounts are hereby appropriated out of any money in the
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2026.
The amounts identified for federal funds and restricted receipts shall be made available pursuant to
§ 35-4-22 and chapter 41 of title 42. For the purposes and functions hereinafter mentioned, the state
controller is hereby authorized and directed to draw the state controller’s orders upon the general
treasurer for the payment of such sums or such portions thereof as may be required from time to
time upon receipt by the state controller of properly authenticated vouchers.
11
FY 2026
FY 2026
FY 2026
12
Enacted
Change
FINAL
13
Administration
14
Central Management
15
General Revenues
4,359,358
(364,055)
3,995,303
16
Federal Funds
17
Federal Funds
33,000,000
(26,168,445)
6,831,555
18
Federal Funds – State Fiscal Recovery Fund
19
Community Learning Center Programming
20
Support Grant
0
2,000,000
2,000,000
21
Municipal Public Safety Infrastructure
0
4,400,236
4,400,236
22
Public Health Response Warehouse Support
0
1,000,562
1,000,562
23
Restricted Receipts
193,701
0
193,701
24
Total - Central Management
37,553,059
(19,131,702)
18,421,357
25
Legal Services
26
General Revenues
2,872,990
(92,294)
2,780,696
27
Accounts and Control
28
General Revenues
5,804,845
214,013
6,018,858
29
Restricted Receipts - OPEB Board Administration
150,959
23,575
174,534
30
Restricted Receipts - Grants Management
1 Administration
2,540,109
(1,385,873)
1,154,236
2 Total - Accounts and Control
8,495,913
(1,148,285)
7,347,628
3 Office of Management and Budget
4 General Revenues
11,000,012
(726,931)
10,273,081
5 Federal Funds
6 Federal Funds
151,689
(1,097)
150,592
7 Federal Funds – Capital Projects Fund
8 CPF Administration
530,582
922,803
1,453,385
9 Federal Funds – State Fiscal Recovery Fund
10 Pandemic Recovery Office
1,436,547
(211,894)
1,224,653
11 Restricted Receipts
300,000
0
300,000
12 Other Funds
1,242,011
(71,378)
1,170,633
13 Total - Office of Management and Budget
14,660,841
(88,497)
14,572,344
14 Purchasing
15 General Revenues
4,008,986
(170,228)
3,838,758
16 Restricted Receipts
1,262,987
511,718
1,774,705
17 Other Funds
636,500
10,265
646,765
18 Total - Purchasing
5,908,473
351,755
6,260,228
19 Human Resources
20 General Revenues
889,580
86,675
976,255
21 Personnel Appeal Board
22 General Revenues
160,838
(9,891)
150,947
23 Information Technology
24 General Revenues
1,838,147
222,030
2,060,177
Of this amount, $1,360,177 is provided for the state match for the State and Local
Cybersecurity Grant Program. Provided further that any unexpended or unencumbered balances
as of June 30, 2026 are hereby reappropriated to the following fiscal year.
Federal Funds – State Fiscal Recovery Fund
29 ERP Implementation Support
0
563,506
563,506
30 Restricted Receipts
1,162,424
34,969,669
36,132,093
31 Total - Information Technology
3,000,571
35,755,205
38,755,776
32 Library and Information Services
33 General Revenues
2,143,053
18,188
2,161,241
34 Federal Funds
1,617,500
(5,765)
1,611,735
1
Restricted Receipts
6,990
0
6,990
2
Total - Library and Information Services
3,767,543
12,423
3,779,966
3
Planning
4
General Revenues
1,222,229
(68,716)
1,153,513
5
Federal Funds
3,050
(3,050)
0
6
Restricted Receipts
50,000
0
50,000
7
Other Funds
8
Air Quality Modeling
24,000
0
24,000
9
Federal Highway - PL Systems Planning
3,821,438
(34,123)
3,787,315
10
State Transportation Planning Match
504,926
150,794
655,720
11
FTA - Metro Planning Grant
1,525,830
22,142
1,547,972
12
Total - Planning
7,151,473
67,047
7,218,520
13
General
14
General Revenues
15
Miscellaneous Grants/Payments
811,678
0
811,678
16
Torts Court Awards
1,750,000
(250,000)
1,500,000
17
Wrongful Conviction Awards
1,000,000
(1,000,000)
0
18
Resource Sharing and State Library Aid
12,095,022
0
12,095,022
19
Library Construction Aid
2,115,628
0
2,115,628
20
Hospital Financing Support Debt Service Reserve
21
Fund (Pursuant to P.L. 2026, Ch. 1)
0
18,000,000
18,000,000
22
Federal Funds- Capital Projects Fund
23
Community Learning Center Municipal
24
Grant Program
0
70,765,063
70,765,063
25
Restricted Receipts
1,113,557
482,443
1,596,000
26
Other Funds
27
Rhode Island Capital Plan Funds
28
Security Measures State Buildings
700,000
48,142
748,142
29
Cranston Street Armory
600,000
(500,000)
100,000
30
State House Renovations
1,759,000
4,058,137
5,817,137
31
Zambarano Buildings and Campus
4,500,000
18,775,952
23,275,952
32
Replacement of Fueling Tanks
430,000
1,061,480
1,491,480
33
Environmental Compliance
225,000
475,605
700,605
34
Big River Management Area
797,000
649,895
1,446,895
1
Shepard Building Upgrades
2,805,000
1,663,020
4,468,020
2
RI Convention Center Authority
2,800,000
0
2,800,000
3
Pastore Center Power Plant
2,000,000
552,612
2,552,612
4
DoIT Enterprise Operations Center
5,550,000
(1,382,995)
4,167,005
5
Cannon Building
150,000
47,658
197,658
6
Old State House
600,000
1,179,347
1,779,347
7
State Office Building
500,000
600,111
1,100,111
8
State Office Reorganization & Relocation
750,000
1,012,964
1,762,964
9
William Powers Building
2,500,000
2,300,453
4,800,453
10
Pastore Center Non-Hospital Buildings Asset
11
Protection
7,750,000
11,069,333
18,819,333
12
Washington County Government Center
100,000
27,311
127,311
13
Chapin Health Laboratory
100,000
100,655
200,655
14
560 Jefferson Blvd Asset Protection
2,050,000
(203,580)
1,846,420
15
Arrigan Center
200,000
94,888
294,888
16
Civic Center
3,800,000
0
3,800,000
17
Veterans Auditorium
380,000
0
380,000
18
Pastore Center Hospital Buildings Asset
19
Protection
1,000,000
988,418
1,988,418
20
Pastore Campus Infrastructure
15,000,000
19,227,222
34,227,222
21
Community Facilities Asset Protection
225,000
490,380
715,380
22
Medical Examiners - New Facility
50,000
1,742,038
1,792,038
23
Group Home Replacement & Rehabilitation
5,000,000
1,984,225
6,984,225
24
Expo Center
500,000
922,590
1,422,590
25
Group Homes Consolidation
5,350,000
1,780,051
7,130,051
26
Accessibility - Facility Renovations
0
420,686
420,686
27
BHDDH Group Homes
0
139,769
139,769
28
Hospital Reorganization
0
12,175,644
12,175,644
29
Pastore Center Buildings Demolition
0
5,545,540
5,545,540
30
Statewide Facility Master Plan
0
545,258
545,258
31
State Land Use Planning Study
0
250,000
250,000
32
Zambarano LTAC Hospital
0
6,439,929
6,439,929
33
Total - General
87,056,885
182,280,244
269,337,129
34
Debt Service Payments
1 General Revenues
178,801,286
(13,260,160)
165,541,126
2 Other Funds
3 Transportation Debt Service
32,982,697
(330,710)
32,651,987
4 Investment Receipts - Bond Funds
100,000
0
100,000
5 Total - Debt Service Payments
211,883,983
(13,590,870)
198,293,113
6 Rhode Island Health Benefits Exchange
7 General Revenues
1,889,227
(776,000)
1,113,227
8 Federal Funds
10,758,473
(1,203,479)
9,554,994
9 Restricted Receipts
17,298,973
4,055,119
21,354,092
10 Total - Rhode Island Health Benefits
11 Exchange
29,946,673
2,075,640
32,022,313
12 Division of Equity, Diversity & Inclusion
13 General Revenues
2,308,469
(492,065)
1,816,404
14 Other Funds
108,978
174
109,152
15 Total - Division of Equity, Diversity &
16 Inclusion
2,417,447
(491,891)
1,925,556
17 Capital Asset Management and Maintenance
18 General Revenues
10,990,302
98,234
11,088,536
19 Federal Funds
0
750,000
750,000
20 Total - Capital Asset Management and Maintenance 10,990,302
848,234
11,838,536
21 Statewide Personnel and Operations
22 FEMA Contingency Reserve
23 General Revenues 2,500,000
(559,909)
1,940,091
24 Primary Care Health Assessment State Cost
25 General Revenues 750,000
(750,000)
0
26 Federal Funds 100,500
(100,500)
0
27 Restricted Receipts 44,575
(44,575)
0
28 Other Funds 477,295
(477,295)
0
29 Total - Statewide Personnel and Operations 3,872,370
(1,932,279)
1,940,091
30 Grand Total - Administration 430,628,941
184,991,514
615,620,455
31 Office of Energy Resources
32 General Revenues 0
275,313
275,313
Provided that $56,111 is allocated to support the electric bicycle rebate program and
$219,202 is for the electric leaf blower rebate program. Provided further that unexpended or
unencumbered balances as of June 30, 2026 are hereby reappropriated to the following fiscal year.
2 Federal Funds
3 Federal Funds
31,554,214
(15,716,395)
15,837,819
4 Federal Funds – State Fiscal Recovery Fund
5 Electric Heat Pump Grant Program
0
697,440
697,440
6 Restricted Receipts
39,089,028
(1,384,204)
37,704,824
7 Other Funds
8 National Electric Vehicle Infrastructure Formula
9 Program
4,668,785
2,401,355
7,070,140
10 Rhode Island Capital Plan Funds
11 Energy Efficiency Improvements
1,000,000
0
1,000,000
12 Grand Total – Office of Energy Resources
76,312,027
(13,726,491)
62,585,536
13 Business Regulation
14 Central Management
15 General Revenues
4,360,810
(417,655)
3,943,155
16 Restricted Receipts
39,014
0
39,014
17 Total - Central Management
4,399,824
(417,655)
3,982,169
18 Banking Regulation
19 General Revenues
2,107,972
(68,694)
2,039,278
20 Restricted Receipts
50,000
50,000
100,000
21 Total - Banking Regulation
2,157,972
(18,694)
2,139,278
22 Securities Regulation
23 General Revenues
1,000,863
(5,105)
995,758
24 Insurance Regulation
25 General Revenues
5,125,539
5,773
5,131,312
26 Restricted Receipts
1,617,538
800,000
2,417,538
27 Total - Insurance Regulation
6,743,077
805,773
7,548,850
28 Office of the Health Insurance Commissioner
29 General Revenues
3,107,152
(75,848)
3,031,304
30 Federal Funds
31 Federal Funds
439,300
90,000
529,300
32 Rural Health Transformation Program
0
414,675
414,675
33 Restricted Receipts
603,592
(7,267)
596,325
34 Total - Office of the Health Insurance
1 Commissioner
4,150,044
421,560
4,571,604
2 Board of Accountancy
3 General Revenues
5,490
0
5,490
4 Commercial Licensing and Gaming and Athletics Licensing
5 General Revenues
1,268,739
95,957
1,364,696
6 Restricted Receipts
1,045,581
201,906
1,247,487
7 Total - Commercial Licensing and Gaming and Athletics
8 Licensing
2,314,320
297,863
2,612,183
9 Building, Design and Fire Professionals
10 General Revenues
8,793,216
242,341
9,035,557
11 Federal Funds
346,788
(2,500)
344,288
12 Restricted Receipts
2,130,377
310,041
2,440,418
13 Other Funds
14 Quonset Development Corporation
52,983
14,323
67,306
15 Rhode Island Capital Plan Funds
16 Fire Academy Expansion
7,000,000
839,925
7,839,925
17 Total - Building, Design and Fire
18 Professionals
18,323,364
1,404,130
19,727,494
19 Grand Total - Business Regulation
39,094,954
2,487,872
41,582,826
20 RI Cannabis Control Commission
21 Restricted Receipts
7,303,563
(17,033)
7,286,530
22 Executive Office of Commerce
23 Central Management
24 General Revenues
2,369,982
16,871
2,386,853
25 Quasi-Public Appropriations
26 General Revenues
27 Rhode Island Commerce Corporation
8,506,041
0
8,506,041
28 Airport Impact Aid
1,010,036
0
1,010,036
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2025
at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island commerce
corporation shall make an impact payment to the towns or cities in which the airport is located
based on this calculation. Each community upon which any part of the above airports is located
shall receive at least $25,000.
4 STAC Research Alliance
900,000
0
900,000
5 Innovative Matching Grants/Internships
1,000,000
0
1,000,000
6 I-195 Redevelopment District Commission
1,245,050
0
1,245,050
7 Polaris Manufacturing Grant
500,000
0
500,000
8 East Providence Waterfront Commission
50,000
0
50,000
9 Urban Ventures
140,000
0
140,000
10 Chafee Center at Bryant
476,200
0
476,200
11 Blackstone Valley Visitor Center
75,000
0
75,000
12 Industrial Recreational Building Authority
13 Obligations
105,094
0
105,094
14 Federal Funds – State Fiscal Recovery Fund
15 Port of Davisville
0
279
279
16 Other Funds
17 Rhode Island Capital Plan Funds
18 I-195 Redevelopment District Commission
700,000
34,602
734,602
19 I-195 Park Improvements
1,100,000
1,374,643
2,474,643
20 Quonset Infrastructure
2,500,000
0
2,500,000
21 PFAS Mitigation at Quonset Business Park
1,000,000
0
1,000,000
22 Total - Quasi-Public Appropriations
19,307,421
1,409,524
20,716,945
23 Economic Development Initiatives Fund
24 General Revenues
25 Rebuild RI Tax Credit Fund
10,085,000
0
10,085,000
26 Destination Marketing
1,400,000
0
1,400,000
27 RI Innovation Ecosystem
250,000
0
250,000
28 Federal Funds
29 Federal Funds
20,000,000
(19,305,563)
694,437
30 Federal Funds – State Fiscal Recovery Fund
31 Assistance to Impacted Industries
0
1,341,963
1,341,963
32 Total - Economic Development Initiatives
33 Fund
31,735,000
(17,963,600)
13,771,400
34 Commerce Programs
1 General Revenues
2 Wavemaker Fellowship
2,566,621
0
2,566,621
3 Air Service Development Fund
2,728,800
0
2,728,800
4 Main Street RI Streetscape Improvement Fund
125,000
0
125,000
5 Federal Funds
6 Federal Funds – Capital Projects Fund
7 Broadband
0
24,644,868
24,644,868
8 Federal Funds – State Fiscal Recovery Fund
9 Bioscience Investments
0
24,189,278
24,189,278
10 Total - Commerce Programs
5,420,421
48,834,146
54,254,567
11 Grand Total - Executive Office of
12 Commerce
58,832,824
32,296,941
91,129,765
13 Housing
14 General Revenues
6,464,465
502,660
6,967,125
15 Provided that $100,000 shall support Sojourner House’s supportive housing and rapid
16 rehousing activities.
17 Federal Funds
18 Federal Funds
15,596,037
6,060,779
21,656,816
19 Federal Funds – State Fiscal Recovery Fund
20 Homelessness Assistance Program
0
9,010,861
9,010,861
21 Development of Affordable Housing
0
40,002,001
40,002,001
22 Home Repair and Community Revitalization
0
9,738,194
9,738,194
23 Homelessness Infrastructure
0
4,185,576
4,185,576
24 Housing Related Infrastructure
0
1,927,964
1,927,964
25 Municipal Homelessness Support Initiative
0
719,104
719,104
26 Municipal Planning
0
1,658,224
1,658,224
27 Predevelopment and Capacity Building
0
41,192
41,192
28 Site Acquisition
0
900
900
29 Proactive Housing Development
0
700,000
700,000
30 Statewide Housing Plan
0
1,017,513
1,017,513
31 Targeted Housing Development
0
18,001,903
18,001,903
32 Workforce Housing
0
8,325,097
8,325,097
33 Restricted Receipts
23,018,954
16,789,136
39,808,090
34 Grand Total - Housing
45,079,456
118,681,104
163,760,560
1 Labor and Training
2 Central Management
3 General Revenues 1,661,890
(209,450)
1,452,440
4 Restricted Receipts 488,494
(71,995)
416,499
5 Total - Central Management 2,150,384
(281,445)
1,868,939
6 Workforce Development Services
7 General Revenues 878,758
1,105
879,863
8 Federal Funds 19,112,629
1,528,002
20,640,631
9 Other Funds 0
41,336
41,336
10 Total - Workforce Development Services 19,991,387
1,570,443
21,561,830
11 Workforce Regulation and Safety
12 General Revenues 5,347,291
65,466
5,412,757
13 Income Support
14 General Revenues 3,684,566
199,291
3,883,857
15 Federal Funds
16 Federal Funds 22,883,898
534,009
23,417,907
17 Federal Funds – State Fiscal Recovery Fund
18 Unemployment Insurance Trust Fund Contribution 0
1,196
1,196
19 Restricted Receipts 4,635,586
549,819
5,185,405
20 Other Funds
21 Temporary Disability Insurance Fund 287,480,146
966,971
288,447,117
22 Employment Security Fund 249,200,000
19,200,000
268,400,000
23 Total - Income Support 567,884,196
21,451,286
589,335,482
24 Injured Workers Services
25 Restricted Receipts 11,233,092
1,189,330
12,422,422
26 Labor Relations Board
27 General Revenues 556,737
75,807
632,544
28 Governor’s Workforce Board
29 General Revenues 6,050,000
565,780
6,615,780
Provided that $600,000 of these funds shall be used for enhanced training for direct care
and support services staff to improve resident quality of care and address the changing health care
needs of nursing facility residents due to higher acuity and increased cognitive impairments
pursuant to § 23-17.5-36.
Federal Funds
1 Rural Health Transformation Program
0
361,584
361,584
2 Federal Funds – State Fiscal Recovery Fund
3 Enhanced Real Jobs
0
65,508
65,508
4 Restricted Receipts
19,054,596
1,610,479
20,665,075
Provided that at least $150,000 of these funds shall be used to provide hospitality industry
workforce training grants including, but not limited to, certified food and alcohol safety training
programs offered in multiple languages.
8 Total - Governor’s Workforce Board
25,104,596
2,603,351
27,707,947
9 Grand Total - Labor and Training
632,267,683
26,674,238
658,941,921
10 Department of Revenue
11 Director of Revenue
12 General Revenues
3,168,518
(239,886)
2,928,632
13 Office of Revenue Analysis
14 General Revenues
1,173,041
30,757
1,203,798
15 Lottery Division
16 Other Funds
17 Other Funds
448,042,227
(14,705,340)
433,336,887
18 Rhode Island Capital Plan Funds
19 Lottery Building Enhancements
0
756,319
756,319
20 Total - Lottery Division
448,042,227
(13,949,021)
434,093,206
21 Municipal Finance
22 General Revenues
2,045,839
(41,494)
2,004,345
23 Taxation
24 General Revenues
38,331,490
(242,921)
38,088,569
25 Restricted Receipts
4,660,479
(2,899,352)
1,761,127
26 Other Funds
27 Motor Fuel Tax Evasion
175,000
0
175,000
28 Total - Taxation
43,166,969
(3,142,273)
40,024,696
29 Registry of Motor Vehicles
30 General Revenues
35,374,576
1,419,872
36,794,448
31 Federal Funds
493,061
(93,061)
400,000
32 Restricted Receipts
5,429,330
200,000
5,629,330
33 Total - Registry of Motor Vehicles
41,296,967
1,526,811
42,823,778
34 State Aid
1 General Revenues
2 Distressed Communities Relief Fund
14,884,458
0
14,884,458
3 Payment in Lieu of Tax Exempt Properties
51,317,647
0
51,317,647
4 Motor Vehicle Excise Tax Payments
239,547,419
2,817
239,550,236
5 Property Revaluation Program
712,390
0
712,390
6 Tangible Tax Exemption Program
25,903,228
5,241
25,908,469
7 Restricted Receipts
995,120
129,880
1,125,000
8 Total - State Aid
333,360,262
137,938
333,498,200
9 Collections
10 General Revenues
994,263
81,979
1,076,242
11 Grand Total - Revenue
873,248,086
(15,595,189)
857,652,897
12 Legislature
13 General Revenues
58,734,623
8,425,979
67,160,602
14 Restricted Receipts
2,690,297
48,607
2,738,904
15 Grand Total - Legislature
61,424,920
8,474,586
69,899,506
16 Lieutenant Governor
17 General Revenues
1,519,219
13,043
1,532,262
18 Secretary of State
19 Administration
20 General Revenues
5,975,167
190,914
6,166,081
Provided that $100,000 be allocated to support the Rhode Island Council for the
Humanities for grant making to civic and cultural organizations, and $50,000 to support Rhode
Island’s participation in the We the People Civics Challenge.
24 Corporations
25 General Revenues
2,913,879
(234,144)
2,679,735
26 State Archives
27 General Revenues
356,659
97,534
454,193
28 Restricted Receipts
404,790
(18,631)
386,159
29 Other Funds
30 Rhode Island Capital Plan Funds
31 Rhode Island Archives and History Center
0
60,000
60,000
32 Total - State Archives
761,449
138,903
900,352
33 Elections and Civics
34 General Revenues
2,107,040
(350,018)
1,757,022
1 Federal Funds
2,000,000
0
2,000,000
2 Total - Elections and Civics
4,107,040
(350,018)
3,757,022
3 State Library
4 General Revenues
668,263
(5,695)
662,568
Provided that $125,000 be allocated to support the Rhode Island Historical Society and
$18,000 be allocated to support the Newport Historical Society, pursuant to §§ 29-2-1 and 29-2-2,
and $25,000 be allocated to support the Rhode Island Black Heritage Society.
8 Office of Public Information
9 General Revenues
840,724
(11,441)
829,283
10 Receipted Receipts
25,000
0
25,000
11 Total - Office of Public Information
865,724
(11,441)
854,283
12 Grand Total - Secretary of State
15,291,522
(271,481)
15,020,041
13 General Treasurer
14 Treasury
15 General Revenues
3,665,773
786,537
4,452,310
Provided that unexpended or unencumbered balances for the Medical Debt Relief program
as of June 30, 2026 are hereby reappropriated to the following fiscal year.
18 Federal Funds
365,134
(3,358)
361,776
19 Other Funds
20 Temporary Disability Insurance Fund
246,415
(526)
245,889
21 Tuition Savings Program - Administration
388,916
(16,292)
372,624
22 Total - Treasury
4,666,238
766,361
5,432,599
23 State Retirement System
24 Restricted Receipts
25 Admin Expenses - State Retirement System
13,193,967
(23,242)
13,170,725
26 Retirement - Treasury Investment Operations
2,846,571
191,370
3,037,941
27 Defined Contribution - Administration
277,654
(19,151)
258,503
28 Total - State Retirement System
16,318,192
148,977
16,467,169
29 Unclaimed Property
30 Restricted Receipts
3,338,043
32,855
3,370,898
31 Crime Victim Compensation
32 General Revenues
934,450
504
934,954
33 Federal Funds
467,993
0
467,993
34 Restricted Receipts
250,000
(29,751)
220,249
1 Total - Crime Victim Compensation
1,652,443
(29,247)
1,623,196
2 Grand Total - General Treasurer
25,974,916
918,946
26,893,862
3 Board of Elections
4 General Revenues
4,474,931
506,347
4,981,278
5 Rhode Island Ethics Commission
6 General Revenues
2,419,632
40,783
2,460,415
7 Office of Governor
8 General Revenues
9 General Revenues
9,184,918
34,593
9,219,511
10 Contingency Fund
150,000
0
150,000
11 Grand Total - Office of Governor
9,334,918
34,593
9,369,511
12 Commission for Human Rights
13 General Revenues
2,249,158
36,699
2,285,857
14 Federal Funds
523,529
(25,306)
498,223
15 Grand Total - Commission for Human Rights
2,772,687
11,393
2,784,080
16 Public Utilities Commission
17 Federal Funds
753,555
17,552
771,107
18 Restricted Receipts
14,754,719
142,294
14,897,013
19 Grand Total - Public Utilities Commission
15,508,274
159,846
15,668,120
20 Executive Office of Health and Human Services
21 Central Management
22 General Revenues
23 General Revenues
32,413,726
496,315
32,910,041
Provided that of this amount, $900,000 will be for Mobile Response and Stabilization
Services for uninsured and underinsured child and youth and cover services and costs not otherwise
reimbursed. Also $500,000 is for Thundermist’s Family Residency Program contingent upon
receiving federal funds and $150,000 will be for an Olmstead Plan Coordinator.
H.R. 1 Preventive Health Care Provider Access Fund 0 1,000,000 1,000,000
Provided that funding is to be made available to health care providers ineligible for federal
Medicaid reimbursement pursuant to Section 71113 of P.L. 119-21. Any unspent funds are
automatically reappropriated to fiscal year 2027.
32 All-Payer Claims Database
509,950
31,160
541,110
33 Health System Planning and Oversight
777,260
(82,610)
694,650
34 Medicaid Enterprise System
1,873,838
(1,134,991)
738,847
1 Medicaid Management Information System
6,064,700
1,462,975
7,527,675
2 Unified Health Infrastructure Project
22,368,654
(7,286,326)
15,082,328
3 Federal Funds
4 Federal Funds
70,793,907
5,655,677
76,449,584
5 All-Payer Claims Database
10,212,239
(2,718,244)
7,493,995
6 Health System Planning and Oversight
153,750
1,583,250
1,737,000
7 Medicaid Enterprise System
12,364,541
(5,714,922)
6,649,619
8 Medicaid Management Information System
19,566,585
7,657,041
27,223,626
9 Rural Health Transformation Program
0
5,649,573
5,649,573
10 Unified Health Infrastructure Project
56,336,615
(853,219)
55,483,396
Provided that of this amount, $960,784 shall be for statewide interagency initiatives to
implement and support the community engagement requirements of the federal reconciliation bill
known as H.R. 1, to be developed and administered in coordination with the Department of Human
Services and the Department of Labor and Training, to the extent compliance with guidance from
Centers for Medicare & Medicaid Services.
Federal Funds - State Fiscal Recovery Fund
17 Certified Community Behavioral Health Clinics
205,295
1,703,127
1,908,422
18 Restricted Receipts
19 Restricted Receipts
15,463,598
16,310,181
31,773,779
20 Unified Health Infrastructure Project
0
7,587,139
7,587,139
21 Total - Central Management
249,104,658
31,346,126
280,450,784
22 Medical Assistance
23 General Revenues
24 Managed Care
464,278,305
(12,453,741)
451,824,564
25 Hospitals
136,238,010
428,323
136,666,333
26 Nursing Facilities
204,266,507
(10,382,507)
193,884,000
27 Home and Community Based Services
125,703,952
984,048
126,688,000
28 Other Services
160,879,834
(27,090,071)
133,789,763
29 Pharmacy
100,069,654
(5,298,975)
94,770,679
30 Rhody Health
234,976,854
33,466,840
268,443,694
31 Federal Funds
32 Managed Care
653,184,013
(15,008,577)
638,175,436
33 Hospitals
285,888,183
(6,154,515)
279,733,668
34 Nursing Facilities
273,055,474
(13,939,474)
259,116,000
1 Home and Community Based Services
168,075,434
1,236,566
169,312,000
2 Other Services
796,373,214
(50,318,972)
746,054,242
3 Pharmacy
4,130,346
(3,701,025)
429,321
4 Rhody Health
326,578,917
45,060,790
371,639,707
5 Other Programs
32,611,481
12,788,519
45,400,000
6 Restricted Receipts
11,021,948
(3,649,355)
7,372,593
7 Total - Medical Assistance
3,977,332,126
(54,032,126)
3,923,300,000
8 Grand Total – Executive Office of Health
9 and Human Services
4,226,436,784
(22,686,000)
4,203,750,784
10 Children, Youth and Families
11 Central Management
12 General Revenues
17,937,159
2,411,228
20,348,387
The director of the department of children, youth and families shall provide to the speaker
of the house and president of the senate at least every ninety (90) days beginning September 30,
2025, a report on the process to maintain accreditation in accordance with § 42-72-5.3. The report
shall, at minimum, provide data regarding recruitment and retention efforts, including maintaining
a diverse workforce, documentation of newly filled and vacated positions, and progress in reducing
worker caseloads.
It shall also contain the number of filled full-time equivalent positions compared to the
department’s authorization and disaggregated by job classification, and as compared to the staffing
recommended in the October 1, 2020 accreditation plan that was funded beginning in the fiscal
year 2022 budget. The report shall also include information on turnover assumptions, expressed
as funded positions compared to filled and authorized.
24 Federal Funds
25 Federal Funds
15,237,654
6,321,923
21,559,577
26 Federal Funds – State Fiscal Recovery Fund
27 Provider Workforce Stabilization
0
257,093
257,093
28 Total - Central Management
33,174,813
8,990,244
42,165,057
29 Children's Behavioral Health Services
30 General Revenues
7,109,636
1,963,945
9,073,581
31 Federal Funds
32 Federal Funds
8,824,070
(440,778)
8,383,292
33 Federal Funds – State Fiscal Recovery Fund
34 Psychiatric Residential Treatment Facility
0
225,495
225,495
1 Residential Treatment Facility
0
6,335,635
6,335,635
2 Total - Children's Behavioral Health Services
15,933,706
8,084,297
24,018,003
3 Youth Development Services
4 General Revenues
25,678,366
1,811,657
27,490,023
5 Federal Funds
647,931
9,493
657,424
6 Restricted Receipts
1,500
(1,500)
0
7 Other Funds
8 Rhode Island Capital Plan Funds
9 Training School Asset Protection
250,000
323,459
573,459
10 Residential Treatment Facilities
11,000,000
9,168,000
20,168,000
11 Psychiatric Residential Treatment Facility
12 Modifications
0
6,335,635
6,335,635
13 Total - Youth Development Services
37,577,797
17,646,744
55,224,541
14 Child Welfare
15 General Revenues
211,849,897
(3,194,805)
208,655,092
16 Federal Funds
93,910,710
(3,525,445)
90,385,265
17 Restricted Receipts
1,743,471
127,133
1,870,604
18 Total - Child Welfare
307,504,078
(6,593,117)
300,910,961
19 Higher Education Incentive Grants
20 General Revenues
200,000
0
200,000
Provided that these funds and any unexpended or unencumbered previous years’ funding
are to be used exclusively to fund awards to eligible youth.
Grand Total - Children, Youth and
Families 394,390,394 28,128,168 422,518,562
Health
Central Management
General Revenues
General Revenues 2,588,732 (588,634) 2,000,098
Of this amount, $50,000 is to support the Gloria Gemma Breast Cancer Resource
Foundation and the organization’s new survivorship and well-being center in Lincoln, RI.
31 Psychiatry Resource Network
750,000
123
750,123
32 Primary Care Training Sites Program
2,000,000
502,422
2,502,422
Provided that unexpended or unencumbered balances as of June 30, 2026 are hereby
reappropriated to the following fiscal year.
1 Federal Funds
4,884,431
853,865
5,738,296
2 Restricted Receipts
22,233,391
5,787,392
28,020,783
Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
in this line item that are derived from grants authorized under The Coronavirus Preparedness and
Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the
Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021
(P.L. 117-2), are hereby subject to the review and prior approval of the director of management and
budget. No obligation or expenditure of these funds shall take place without such approval.
11 Total - Central Management
32,456,554
6,555,168
39,011,722
12 Community Health and Equity
13 General Revenues
2,051,358
718
2,052,076
14 Federal Funds
88,096,432
1,442,680
89,539,112
15 Restricted Receipts
67,695,968
(14,858,963)
52,837,005
16 Total - Community Health and Equity
157,843,758
(13,415,565)
144,428,193
17 Environmental Health
18 General Revenues
6,836,896
403,097
7,239,993
19 Federal Funds
14,433,189
(843,484)
13,589,705
20 Restricted Receipts
1,104,785
53,291
1,158,076
21 Total - Environmental Health
22,374,870
(387,096)
21,987,774
22 Health Laboratories
23 General Revenues
9,514,520
1,265,129
10,779,649
24 Federal Funds
2,666,663
225,700
2,892,363
25 Other Funds
26 Rhode Island Capital Plan Funds
27 Health Laboratories & Medical Examiner
28 Equipment
400,000
550,736
950,736
29 New Health Laboratory Building
8,363,883
6,742,388
15,106,271
30 Total - Health Laboratories
20,945,066
8,783,953
29,729,019
31 State Medical Examiners
32 General Revenues
4,521,784
(322,864)
4,198,920
33 Federal Funds
67,325
0
67,325
34 Total – State Medical Examiners
4,589,109
(322,864)
4,266,245
1 Healthcare Quality and Safety
2 General Revenues
7,868,321
183,160
8,051,481
3 Federal Funds
6,746,561
788,639
7,535,200
4 Restricted Receipts
1,199,564
(152,271)
1,047,293
5 Total – Healthcare Quality and Safety
15,814,446
819,528
16,633,974
6 Policy, Information and Communications
7 General Revenues
2,785,613
(139,025)
2,646,588
Provided that $200,000 of this amount and its corresponding federal match is used for loan
repayment assistance specifically for primary care physicians and pediatricians through the Health
Professional Loan Repayment Program authorized by § 23-14.1.
11 Federal Funds
12 Federal Funds
5,593,898
145,097
5,738,995
13 Rural Health Transformation Program
0
2,345,713
2,345,713
14 Restricted Receipts
842,433
(42,630)
799,803
15 Total - Policy, Information and
16 Communications
9,221,944
2,309,155
11,531,099
17 Emergency Preparedness and Infectious Disease
18 General Revenues
1,907,851
(164,678)
1,743,173
19 Federal Funds
15,196,529
1,691,217
16,887,746
20 Total – Emergency Preparedness and
21 Infectious Disease
17,104,380
1,526,539
18,630,919
22 COVID-19
23 Federal Funds
24 Federal Funds
15,176,647
2,384,012
17,560,659
25 Federal Funds – State Fiscal Recovery Fund
26 COVID-19 Operational Support
0
229,342
229,342
27 Total – COVID-19
15,176,647
2,613,354
17,790,001
28 Grand Total - Health
295,526,774
8,482,172
304,008,946
29 Human Services
30 Central Management
31 General Revenues
8,050,831
(1,391,873)
6,658,958
Of this amount, $400,000 is to support the domestic violence prevention fund to provide
direct services through the Coalition Against Domestic Violence, $25,000 for the Center for
Southeast Asians, $450,000 to support Project Reach activities provided by the RI Alliance of Boys
and Girls Clubs, $300,000 is for outreach and supportive services through Day One, $950,000 is
for food collection and distribution through the Rhode Island Community Food Bank, $500,000 for
services provided to the homeless at Crossroads Rhode Island, $600,000 for the Community Action
Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy,
$200,000 to provide operational support to the United Way’s 211 system, $125,000 is to support
services provided to the immigrant and refugee population through Higher Ground International,
$50,000 is for services provided to refugees through the Refugee Dream Center and $150,000 for
the Substance Use and Mental Health Leadership Council of RI.
The director of the department of human services shall provide to the speaker of the house,
president of the senate, and chairs of the house and senate finance committees at least every sixty
(60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer
serving staff. The report shall include: documentation of newly filled and vacated positions,
including lateral transfers, position titles, civil service information, including numbers of eligible
and available candidates, plans for future testing and numbers of eligible and available candidates
resulting from such testing, impacts on caseload backlogs and call center wait times, as well as
other pertinent information as determined by the director.
17
Federal Funds
8,064,314
452,931
8,517,245
18 Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs.
19 Restricted Receipts
300,000
1,060,207
1,360,207
20 Total - Central Management
16,415,145
121,265
16,536,410
21 Child Support Enforcement
22 General Revenues
4,390,046
110,877
4,500,923
23 Federal Funds
10,229,053
(1,475,268)
8,753,785
24 Restricted Receipts
3,816,099
391,310
4,207,409
25 Total - Child Support Enforcement
18,435,198
(973,081)
17,462,117
26 Individual and Family Support
27 General Revenues
35,143,366
(581,136)
34,562,230
28 Federal Funds
29 Federal Funds
128,579,088
10,789,211
139,368,299
30 Federal Funds – State Fiscal Recovery Fund
31 Child Care Support
0
1,004,309
1,004,309
32 Restricted Receipts
115,000
0
115,000
33 Other Funds
34 Rhode Island Capital Plan Funds
1 Blind Vending Facilities
165,000
0
165,000
2 Total - Individual and Family Support
164,002,454
11,212,384
175,214,838
3 Office of Veterans Services
4 General Revenues
33,499,864
(538,599)
32,961,265
Of this amount, $200,000 is to provide support services through veterans’ organizations,
$50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services
Officers (VSO) program through the Veterans of Foreign Wars.
8 Federal Funds
15,752,830
1,624,289
17,377,119
9 Restricted Receipts
1,725,342
(393,921)
1,331,421
10 Other Funds
11 Rhode Island Capital Plan Funds
12 Veterans Home Asset Protection
665,000
442,224
1,107,224
13 Veterans Memorial Cemetery Asset Protection
300,000
415,003
715,003
14 Total - Office of Veterans Services
51,943,036
1,548,996
53,492,032
15 Health Care Eligibility
16 General Revenues
10,511,087
513,511
11,024,598
17 Federal Funds
16,662,419
309,990
16,972,409
18 Total - Health Care Eligibility
27,173,506
823,501
27,997,007
19 Supplemental Security Income Program
20 General Revenues
16,680,780
30,300
16,711,080
21 Rhode Island Works
22 General Revenues
9,891,538
(10,142)
9,881,396
23 Federal Funds
109,225,738
(19,764,474)
89,461,264
24 Total - Rhode Island Works
119,117,276
(19,774,616)
99,342,660
25 Other Programs
26 General Revenues
2,231,840
3,748,198
5,980,038
27 Federal Funds
28 Federal Funds
382,432,873
(36,822,408)
345,610,465
29 Federal Funds – State Fiscal Recovery Fund
30 Retail SNAP Incentives Pilot Program
0
1,350
1,350
31 Restricted Receipts
8,000
350,000
358,000
32 Total - Other Programs
384,672,713
(32,722,860)
351,949,853
33 Office of Healthy Aging
34 General Revenues
15,623,340
(734,103)
14,889,237
Of this amount, $325,000 is to provide elder services, including respite, through the
Diocese of Providence; $40,000 is for ombudsman services provided by the Alliance for Long
Term Care in accordance with chapter 66.7 of title 42; and $1,600,000 is for Senior Services
Support and $730,000 is for elderly nutrition, of which $680,000 is for Meals on Wheels.
Federal Funds 19,011,572 (626,688) 18,384,884
Restricted Receipts 46,200 138,068 184,268
Other Funds
Intermodal Surface Transportation Fund 4,267,406 19,460 4,286,866
The Office shall reimburse the Rhode Island public transit authority for the elderly/disabled
transportation program expenses no later than fifteen (15) days of the authority’s submission of a
request for payment.
12 Total - Office of Healthy Aging 38,948,518 (1,203,263) 37,745,255
13 Grand Total - Human Services 837,388,626 (40,937,374) 796,451,252
Behavioral Healthcare, Developmental Disabilities and Hospitals
Central Management
General Revenues 8,058,892 2,105,705 10,164,597
Federal Funds 2,631,491 (829,069) 1,802,422
Restricted Receipts 559,071 1,186,952 1,746,023
19 Total - Central Management 11,249,454 2,463,588 13,713,042
Services for the Developmentally Disabled
General Revenues 218,735,702 5,318,262 224,053,964
Provided that of this general revenue funding, an amount certified by the department shall
be expended on certain community-based department of behavioral healthcare, developmental
disabilities and hospitals (BHDDH) developmental disability private provider and self-directed
consumer direct care service worker raises and associated payroll costs as authorized by BHDDH
and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree
Addendum. Any increase for direct support staff and residential or other community-based setting
must first receive the approval of BHDDH.
Provided further that of this general revenue funding, $928,200 shall be expended on a
Transformation Fund to be used for I/DD integrated day activities and supported employment
services, or which a total of $650,000 shall be expended specifically on those who self-direct for
creation of regional service advisement models and pool of substitute staff. All unexpended or
unencumbered balances of this designation at the end of the fiscal year shall be reappropriated to
the ensuing fiscal year and made immediately available for the same purpose.
1 Federal Funds 286,950,145 2,998,425 289,948,570
Provided that of this federal funding, an amount certified by the department shall be
expended on certain community-based department of behavioral healthcare, developmental
disabilities and hospitals (BHDDH) developmental disability private provider and self-directed
consumer direct care service worker raises and associated payroll costs as authorized by BHDDH
and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree
Addendum. Any increase for direct support staff and residential or other community-based setting
must first receive the approval of BHDDH.
Provided further that of this federal funding, $371,800 shall be expended on a
Transformation Fund to be used for I/DD integrated day activities and supported employment
services. All unexpended or unencumbered balances of this designation at the end of the fiscal year
shall be reappropriated to the ensuing fiscal year and made immediately available for the same
13 purpose.
14 Restricted Receipts
1,300,866
711,700
2,012,566
15 Other Funds
16 Rhode Island Capital Plan Funds
17 DD Residential Support
100,000
195,618
295,618
18 Total - Services for the Developmentally
19 Disabled
507,086,713
9,224,005
516,310,718
20 Behavioral Healthcare Services
21 General Revenues
4,817,486
397,689
5,215,175
22 Federal Funds
23 Federal Funds
32,467,553
3,856,223
36,323,776
Provided that $250,000 from Social Services Block Grant funds is awarded to The
Providence Center to coordinate with Oasis Wellness and Recovery Center for its support and
services program offered to individuals with behavioral health issues.
27 Rural Health Transformation Program
0
452,647
452,647
28 Federal Funds – State Fiscal Recovery Fund
29 9-8-8 Hotline
1,800,000
612,677
2,412,677
30 Crisis Intervention Trainings
0
1,217,506
1,217,506
31 Restricted Receipts
5,416,046
10,563,831
15,979,877
Provided that $450,000 $486,850 from the opioid stewardship fund is distributed equally
to the seven regional substance abuse prevention task forces to fund priorities determined by each
Task Force.
1 Total - Behavioral Healthcare Services
44,501,085
17,100,573
61,601,658
2 Hospital and Community Rehabilitative Services
3 General Revenues
53,723,206
10,266,909
63,990,115
4 Federal Funds
61,515,889
(11,466,581)
50,049,308
5 Restricted Receipts
4,634,700
889,515
5,524,215
6 Other Funds
7 Rhode Island Capital Plan Funds
8 Hospital Equipment
300,000
312,311
612,311
9 Total - Hospital and Community Rehabilitative
10 Services
120,173,795
2,154
120,175,949
11 State of RI Psychiatric Hospital
12 General Revenues
33,443,552
443,890
33,887,442
13 Restricted Receipts
144,000
0
144,000
14 Other Funds
15 Rhode Island Capital Plan Funds
16 RISPH Equipment
100,000
0
100,000
17 Total - State of RI Psychiatric Hospital
33,687,552
443,890
34,131,442
18 Grand Total - Behavioral Healthcare,
19 Developmental Disabilities and Hospitals
716,698,599
29,234,210
745,932,809
20 Office of the Child Advocate
21 General Revenues
2,264,613
(79,603)
2,185,010
22 Commission on the Deaf and Hard of Hearing
23 General Revenues
786,233
(18,570)
767,663
24 Restricted Receipts
142,921
66,368
209,289
25 Grand Total - Comm. On Deaf and
26 Hard-of-Hearing
929,154
47,798
976,952
27 Governor’s Commission on Disabilities
28 General Revenues
29 General Revenues
870,754
24,087
894,841
30 Livable Home Modification Grant Program
515,278
585,533
1,100,811
Provided that this will be used for home modification and accessibility enhancements to
construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
This will be in consultation with the executive office of health and human services. All unexpended
or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the ensuing fiscal
year, and made immediately available for the same purpose.
2 Federal Funds
340,067
25
340,092
3 Restricted Receipts
79,943
(12,753)
67,190
4 Grand Total - Governor’s Commission
5 on Disabilities
1,806,042
596,892
2,402,934
6 Office of the Mental Health Advocate
7 General Revenues
1,117,164
(184,723)
932,441
8 Elementary and Secondary Education
9 Administration of the Comprehensive Education Strategy
10
General Revenues
34,222,798
4,978,723
39,201,521
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
Hospital pursuant to § 16-7-20; $395,000 be allocated to support child opportunity zones through
agreements with the department of elementary and secondary education to strengthen education,
health and social services for students and their families as a strategy to accelerate student
achievement; $450,000 and 3.0 full-time equivalent positions be allocated to support a special
education function to facilitate individualized education program (IEP) and 504 services; and
further provided that $130,000 be allocated to City Year for the Whole School Whole Child
Program, which provides individualized support to at-risk students ; and further provided that all
unexpended or unencumbered balances as of June 30, 2026, relating to the Learn365RI program
are hereby reappropriated to the following fiscal year.
Provided further that of this amount, $1,860,000 is allocated toward a special education
settlement to provide compensatory special education services, related administrative costs, and
attorneys’ fees pursuant to a legal settlement authorized by the Rhode Island board of education,
of which all unexpended or unencumbered balances at the end of the fiscal year shall be
reappropriated to the ensuing fiscal year and made immediately available for the same purpose until
the requirements of the settlement agreement have been satisfied.
Federal Funds
Federal Funds 255,593,813 15,223,355 270,817,168
Provided that $684,000 from the department’s administrative share of Individuals with
Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to
support the Rhode Island Vision Education and Services Program.
32 Rural Health Transformation Program
0
1,051,421
1,051,421
33 Federal Funds – State Fiscal Recovery Fund
34 Adult Education Providers
128,373
1,410,989
1,539,362
1
Out of School Time Education Providers
0
2,047,238
2,047,238
2
Restricted Receipts
3
Restricted Receipts
1,724,551
410,348
2,134,899
4
HRIC Adult Education Grants
3,500,000
0
3,500,000
5
Total - Admin. of the Comprehensive Ed.
6
Strategy
295,169,535
25,122,074
320,291,609
7
Davies Career and Technical School
8
General Revenues
18,532,152
951,765
19,483,917
9
Federal Funds
924,285
312,154
1,236,439
10
Restricted Receipts
5,471,394
151,212
5,622,606
11
Other Funds
12
Rhode Island Capital Plan Funds
13
Davies School HVAC
50,000
151,286
201,286
14
Davies School Asset Protection
750,000
149,614
899,614
15
Davies School Healthcare Classroom
16
Renovations
6,911,727
(6,911,727)
0
17
Davies School Wing Renovation
34,515,423
(25,892,838)
8,622,585
18
Total - Davies Career and Technical School
67,154,981
(31,088,534)
36,066,447
19
RI School for the Deaf
20
General Revenues
8,809,938
19,673
8,829,611
21
Federal Funds
271,830
(46,465)
225,365
22
Restricted Receipts
1,097,000
505,000
1,602,000
23
Other Funds
24
Rhode Island Capital Plan Funds
25
School for the Deaf Asset Protection
100,000
311,780
411,780
26
Total - RI School for the Deaf
10,278,768
789,988
11,068,756
27
Metropolitan Career and Technical School
28
General Revenues
12,966,926
0
12,966,926
29
Other Funds
30
Rhode Island Capital Plan Funds
31
MET School Asset Protection
250,000
1,971,348
2,221,348
32
Total - Metropolitan Career and Technical
33
School
13,216,926
1,971,348
15,188,274
34
Education Aid
1 General Revenues 1,272,230,353 42,542 1,272,272,895
Provided that the criteria for the allocation of early childhood funds shall prioritize pre-
kindergarten seats and classrooms for four-year-olds whose family income is at or below one
hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
with higher concentrations of low performing schools.
6 Restricted Receipts
38,952,936
9,630,716
48,583,652
7 Total - Education Aid
1,311,183,289
9,673,258
1,320,856,547
8 Central Falls School District
9 General Revenues
54,567,882
0
54,567,882
10 School Construction Aid
11 General Revenues
12 School Housing Aid
119,887,755
(5,868,581)
114,019,174
13 Teachers' Retirement
14 General Revenues
137,991,006
(4,390,928)
133,600,078
15 Grand Total - Elementary and Secondary
16 Education
2,009,450,142
(3,791,375)
2,005,658,767
17 Public Higher Education
18 Office of Postsecondary Commissioner
19 General Revenues
33,322,291
(449,285)
32,873,006
Provided that $455,000 shall be allocated to Onward We Learn pursuant to § 16-70-5,
$75,000 shall be allocated to Best Buddies Rhode Island to support its programs for children with
developmental and intellectual disabilities. It is also provided that $7,367,460 $7,536,773 shall be
allocated to the Rhode Island promise scholarship program; $151,410 shall be used to support
Rhode Island’s membership in the New England Board of Higher Education; $5,476,723
$4,971,825 shall be allocated to the Rhode Island hope scholarship program; and $100,000 shall be
allocated to the Rhode Island School for Progressive Education to support access to higher
education opportunities for teachers of color.
Federal Funds
29 Federal Funds
5,582,208
(212,342)
5,369,866
30 Guaranty Agency Administration
60,000
0
60,000
31 Federal Funds - State Fiscal Recovery Fund
32 Fresh Start Scholarship
0
1,199,287
1,199,287
33 RI Reconnect
0
4,600,385
4,600,385
34 RIC Cybersecurity Center
0
475,006
475,006
1 Restricted Receipts
2 Restricted Receipts
8,383,189
(65,235)
8,317,954
3 Tuition Savings Program - Scholarships
4 and Grants
3,400,000
0
3,400,000
5 Other Funds
6 Nursing Education Center - Operating
3,295,810
69,836
3,365,646
7 Rhode Island Capital Plan Funds
8 WEC Expansion - Annex Site
1,220,000
(820,000)
400,000
9 Total - Office of Postsecondary
10 Commissioner
55,263,498
4,797,652
60,061,150
11 University of Rhode Island
12 General Revenues
13 General Revenues
115,308,021
(68,907)
115,239,114
Provided that in order to leverage federal funding and support economic development,
$700,000 shall be allocated to the small business development center, $125,000 shall be allocated
to the Institute for Labor Studies & Research, $50,000 shall be allocated to Special Olympics Rhode
Island to support its mission of providing athletic opportunities for individuals with intellectual and
developmental disabilities, and $874,069 shall be used to support programming related to career
readiness, career placement, internships, and work-based learning.
20 Debt Service
31,526,482
3,228,750
34,755,232
21 RI State Forensics Laboratory
1,803,420
0
1,803,420
22 Other Funds
23 University and College Funds
847,374,010
(1,497,801)
845,876,209
24 Debt - Dining Services
781,957
4,070
786,027
25 Debt - Education and General
5,076,811
(700)
5,076,111
26 Debt - Health Services
16,032
(50)
15,982
27 Debt - Housing Loan Funds
13,863,455
24,359
13,887,814
28 Debt - Memorial Union
758,853
1,792
760,645
29 Debt - Ryan Center
2,888,322
(511,944)
2,376,378
30 Debt - Parking Authority
889,077
(79,798)
809,279
31 URI Restricted Debt Service - Energy
32 Conservation
536,169
0
536,169
33 URI Debt Service - Energy Conservation
1,956,906
0
1,956,906
34 Rhode Island Capital Plan Funds
1 Asset Protection
14,606,536
3,313,057
17,919,593
2 Mechanical, Electric, and Plumbing
3 Improvements
7,293,838
(1,989,199)
5,304,639
4 Fire Protection Academic Buildings
1,641,903
1,789,836
3,431,739
5 Bay Campus
8,146,722
(43,200)
8,103,522
6 Athletics Complex
33,942,707
3,377,715
37,320,422
7 Provided that total Rhode Island capital plan funds provide no more than 80.0 percent of
8 the total project.
9 Stormwater Management
4,252,678
(1,048,324)
3,204,354
10 PFAS Removal Water Treatment Plant
13,759,400
(13,509,400)
250,000
11 Campus Accessibility
2,300,000
0
2,300,000
12 Building Envelope Improvements
3,000,000
0
3,000,000
13 Total - University of Rhode Island
1,111,723,299
(7,009,744)
1,104,713,555
Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as
of June 30, 2026 relating to the university of Rhode Island are hereby reappropriated to fiscal year
2027.
Rhode Island College
General Revenues
19
General Revenues
70,714,722
(95,387)
70,619,335
20 Provided that $464,377 shall be used to support programming related to career readiness, career
21 placement, internships, and work-based learning.
22 Debt Service
7,933,336
796,740
8,730,076
23 Rhode Island Vision Education and Services
24 Program
1,800,000
0
1,800,000
25 Other Funds
26 University and College Funds
120,309,539
5,949,928
126,259,467
27 Debt - Education and General
1,478,585
(762,376)
716,209
28 Debt - Student Union
212,200
0
212,200
29 Debt - G.O. Debt Service
1,585,353
0
1,585,353
30 Debt - Energy Conservation
762,375
0
762,375
31 Rhode Island Capital Plan Funds
32 Asset Protection
5,950,000
5,136,325
11,086,325
33 Infrastructure Modernization
5,675,000
6,172,208
11,847,208
34 Phase IV: Whipple Hall
0
500,000
500,000
1 Total - Rhode Island College 216,421,110 17,697,438 234,118,548
Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as
of June 30, 2026, relating to Rhode Island college are hereby reappropriated to fiscal year 2027.
Community College of Rhode Island
General Revenues
6 General Revenues 63,740,346 555,615 64,295,961
Provided that $391,175 shall be used to support programming related to career readiness,
career placement, internships, and work-based learning.
9 Debt Service
1,097,898
(5,760)
1,092,138
10 Restricted Receipts
953,442
15,333
968,775
11 Other Funds
12 University and College Funds
114,885,691
4,564,291
119,449,982
13 Rhode Island Capital Plan Funds
14 Asset Protection
3,469,452
1,222,758
4,692,210
15 Data, Cabling, and Power Infrastructure
5,750,000
(5,000,000)
750,000
16 Flanagan Campus Renovations
3,200,000
(1,700,000)
1,500,000
17 CCRI Renovation and Modernization
18 Phase I
15,000,000
(1,250,000)
13,750,000
19 CCRI Renovation and Modernization
20 Phase II - IV
6,100,000
(5,600,000)
500,000
21 CCRI Accessibility Improvements
290,000
10,000
300,000
22 Total - Community College of RI
214,486,829
(7,187,763)
207,299,066
Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as
of June 30, 2026, relating to the community college of Rhode Island are hereby reappropriated to
fiscal year 2027.
26 Grand Total - Public Higher Education
1,597,894,736
8,297,583
1,606,192,319
27 RI State Council on the Arts
28 General Revenues
29 Operating Support
1,224,685
1,443
1,226,128
30 Grants
1,190,000
0
1,190,000
31 Provided that $400,000 be provided to support the operational costs of WaterFire
32 Providence art installations.
33 Federal Funds
1,022,711
70,862
1,093,573
34 Restricted Receipts
115,058
(115,058)
0
1 Other Funds
2 Art for Public Facilities
690,000
11,000
701,000
3 Grand Total - RI State Council on the Arts
4,242,454
(31,753)
4,210,701
4 RI Atomic Energy Commission
5 General Revenues
1,278,282
3,909
1,282,191
6 Federal Funds
0
7,936
7,936
7 Restricted Receipts
25,036
10,000
35,036
8 Other Funds
9 URI Sponsored Research
361,177
(33,093)
328,084
10 Rhode Island Capital Plan Funds
11 Asset Protection
50,000
7,966
57,966
12 Grand Total - RI Atomic Energy
13 Commission
1,714,495
(3,282)
1,711,213
14 RI Historical Preservation and Heritage Commission
15
General Revenues
1,969,751
(152,718)
1,817,033
Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions.
18 Federal Funds
822,451
(15,198)
807,253
19 Restricted Receipts
511,827
0
511,827
20 Other Funds
21 RIDOT Project Review
144,602
(4,202)
140,400
22 Rhode Island Capital Plan Funds
23 Archaeological Collection Facility
0
50,000
50,000
24 Grand Total - RI Historical Preservation and
25 Heritage Comm.
3,448,631
(122,118)
3,326,513
26 Attorney General
27 Criminal
28 General Revenues
23,147,524
643,171
23,790,695
29 Federal Funds
3,404,012
(215,563)
3,188,449
30 Restricted Receipts
2,096,085
(143,314)
1,952,771
31 Total - Criminal
28,647,621
284,294
28,931,915
32 Civil
33 General Revenues
7,301,706
(856,568)
6,445,138
34 Federal Funds
100,000
25,553
125,553
1
Restricted Receipts
4,724,238
49,076
4,773,314
2
Total - Civil
12,125,944
(781,939)
11,344,005
3
Bureau of Criminal Identification
4
General Revenues
2,440,742
26,983
2,467,725
5
Federal Funds
64,547
(30,000)
34,547
6
Restricted Receipts
1,329,498
607,284
1,936,782
7
Total - Bureau of Criminal Identification
3,834,787
604,267
4,439,054
8
General
9
General Revenues
5,354,455
331,878
5,686,333
10
Other Funds
11
Rhode Island Capital Plan Funds
12
Building Renovations and Repairs
2,525,000
(2,525,000)
0
13
Total - General
7,879,455
(2,193,122)
5,686,333
14
Grand Total - Attorney General
52,487,807
(2,086,500)
50,401,307
15
Corrections
16
Central Management
17
General Revenues
24,875,748
765,443
25,641,191
18
Federal Funds
0
177,680
177,680
19
Total – Central Management
24,875,748
943,123
25,818,871
20
Parole Board
21
General Revenues
1,673,257
(61,155)
1,612,102
22
Custody and Security
23
General Revenues
182,260,831
1,315,196
183,576,027
24
Federal Funds
1,371,846
200,245
1,572,091
25
Other Funds
26
Rhode Island Capital Plan Funds
27
Intake Service Center HVAC
27,818,335
(19,277,223)
8,541,112
28
Total - Custody and Security
211,451,012
(17,761,782)
193,689,230
29
Institutional Support
30
General Revenues
40,099,600
1,123,674
41,223,274
31
Other Funds
32
Rhode Island Capital Plan Funds
33
Asset Protection
8,277,650
2,100,000
10,377,650
34
Correctional Facilities – Renovations
3,179,677
(3,179,677)
0
1 Total - Institutional Support 51,556,927 43,997 51,600,924
Institutional Based Rehab/Population Management
General Revenues 15,027,101 (468,665) 14,558,436
Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
discharge planning.
The director of the department of corrections shall provide to the speaker of the house and
president of the senate at least every ninety (90) days beginning September 1, 2022, a report on
efforts to modernize the correctional industries program. The report shall, at minimum, provide
data on the past ninety (90) days regarding program participation; changes made in programming
to more closely align with industry needs; new or terminated partnerships with employers,
nonprofits, and advocacy groups; current program expenses and revenues; and the employment
status of all persons on the day of discharge from department care who participated in the
13 correctional industries program.
14 Federal Funds
386,256
391,550
777,806
15 Restricted Receipts
1,300,000
193,379
1,493,379
16 Total - Institutional Based Rehab/Population
17 Mgt.
16,713,357
116,264
16,829,621
18 Healthcare Services
19 General Revenues
37,051,880
3,124,127
40,176,007
20 Community Corrections
21 General Revenues
23,026,186
(316,473)
22,709,713
22 Federal Funds
0
47,814
47,814
23 Restricted Receipts
3,091
(604)
2,487
24 Total - Community Corrections
23,029,277
(269,263)
22,760,014
25 Grand Total - Corrections
366,351,458
(13,864,689)
352,486,769
26 Judiciary
27 Supreme Court
28 General Revenues
29 General Revenues
36,665,481
1,811,372
38,476,853
Provided however, that no more than $1,430,073 in combined total shall be offset to the
public defender’s office, the attorney general’s office, the department of corrections, the department
of children, youth and families, and the department of public safety for square-footage occupancy
costs in public courthouses and further provided that $500,000 be allocated to the Rhode Island
Coalition Against Domestic Violence for the domestic abuse court advocacy project pursuant to §
12-29-7 and that $90,000 be allocated to Rhode Island Legal Services, Inc. to provide housing and
2 eviction defense to indigent individuals.
3 Defense of Indigents
7,875,432
(20,000)
7,855,432
4 Federal Funds
205,395
(74,085)
131,310
5 Restricted Receipts
4,312,243
(59,477)
4,252,766
6 Other Funds
7 Rhode Island Capital Plan Funds
8 Judicial Complexes - HVAC
500,000
5,885
505,885
9 Judicial Complexes Asset Protection
1,500,000
22,618
1,522,618
10 Judicial Complexes Fan Coil Unit
11 Replacements
500,000
3,082
503,082
12 Garrahy Courthouse Restoration
1,125,000
18,183
1,143,183
13 Total - Supreme Court
52,683,551
1,707,578
54,391,129
14 Judicial Tenure and Discipline
15 General Revenues
188,686
89
188,775
16 Superior Court
17 General Revenues
30,216,228
66,823
30,283,051
18 Restricted Receipts
325,000
0
325,000
19 Total - Superior Court
30,541,228
66,823
30,608,051
20 Family Court
21 General Revenues
29,167,951
66,679
29,234,630
22 Federal Funds
5,392,549
(421,847)
4,970,702
23 Total - Family Court
34,560,500
(355,168)
34,205,332
24 District Court
25 General Revenues
17,697,776
73,018
17,770,794
26 Federal Funds
696,951
(374,123)
322,828
27 Restricted Receipts
60,000
0
60,000
28 Total - District Court
18,454,727
(301,105)
18,153,622
29 Traffic Tribunal
30 General Revenues
11,704,985
36,532
11,741,517
31 Workers' Compensation Court
32 Restricted Receipts
11,090,756
(7,217)
11,083,539
33 Grand Total - Judiciary
159,224,433
1,147,532
160,371,965
34 Military Staff
1 General Revenues
3,424,058
84,034
3,508,092
2 Federal Funds
28,982,412
38,849,854
67,832,266
3 Restricted Receipts
4 RI Military Family Relief Fund
55,000
0
55,000
5 RING Counterdrug Program
11,000
0
11,000
6 Other Funds
7 Rhode Island Capital Plan Funds
8 Aviation Readiness Center
4,538,673
(4,020,059)
518,614
9 Asset Protection
2,564,675
(192,808)
2,371,867
10 Quonset Airport Runway Reconstruction
446,663
380,922
827,585
11 Counter-Drug Training Facility
1,025,250
1,558,558
2,583,808
12 Squadron Ops Facility (Air Guard)
600,000
0
600,000
13 Quonset Air National Guard HQ Facility
0
1,893,948
1,893,948
14 Grand Total - Military Staff
41,647,731
38,554,449
80,202,180
15 Public Safety
16 Central Management
17 General Revenues
1,899,154
9,487,402
11,386,556
Provided that $400,000 $558,089 shall be allocated to support the Family Service of Rhode
Island’s GO Team program of on-scene support to children who are victims of violence and other
traumas. It is also provided that $9,047,396 shall be allocated as the state contribution for the
statewide body-worn camera program, subject to all program and reporting rules, regulations,
policies, and guidelines prescribed in the Rhode Island General Laws. Notwithstanding the
provision of § 35-3-15 of the general laws, all unexpended or unencumbered balances as of June
30, 2026 from this appropriation are hereby reappropriated to fiscal year 2027.
25 Federal Funds
26 Federal Funds
18,479,969
(4,076,435)
14,403,534
27 Federal Funds – State Fiscal Recovery Fund
28 Support for Survivors of Domestic Violence
29,753
4,501,250
4,531,003
29 Restricted Receipts
738,584
220,244
958,828
30 Total - Central Management
21,147,460
10,132,461
31,279,921
31 E-911 Emergency Telephone System
32 Restricted Receipts
10,730,138
243,942
10,974,080
33 Security Services
34 General Revenues
33,685,555
(2,679,484)
31,006,071
1 Municipal Police Training Academy
2 General Revenues
349,440
16,020
365,460
3 Federal Funds
417,455
71,773
489,228
4 Total - Municipal Police Training Academy
766,895
87,793
854,688
5 State Police
6 General Revenues
96,907,970
1,632,633
98,540,603
7 Federal Funds
8,126,146
2,732,983
10,859,129
8 Restricted Receipts
2,845,158
0
2,845,158
9 Other Funds
10 Airport Corporation Assistance
151,310
(540)
150,770
11 Road Construction Reimbursement
3,355,100
2,200,000
5,555,100
12 Weight and Measurement Reimbursement
402,401
226,281
628,682
13 Rhode Island Capital Plan Funds
14 DPS Asset Protection
1,205,000
1,911,587
3,116,587
15 Southern Barracks
16,750,000
12,243,957
28,993,957
16 Training Academy Upgrades
1,550,000
325,148
1,875,148
17 Statewide Communications System Network
245,048
0
245,048
18 Total - State Police
131,538,133
21,272,049
152,810,182
19 Grand Total - Public Safety
197,868,181
29,056,761
226,924,942
20 Office of Public Defender
21 General Revenues
18,178,679
11,095
18,189,774
22 Federal Funds
85,035
0
85,035
23 Grand Total - Office of Public Defender
18,263,714
11,095
18,274,809
24 Emergency Management Agency
25 General Revenues
7,457,256
186,926
7,644,182
Provided that of this general revenue amount, $250,000 is to be used to cover security
expenses incurred by state agencies associated with the FIFA 2026 World Cup that would not be
reimbursed by other available funding sources. All unexpended or unencumbered balances of this
designation, as of June 30, 2026, shall be reappropriated to the ensuing fiscal year and made
30 immediately available for the same purpose.
31 Federal Funds
34,906,616
12,840,348
47,746,964
32 Restricted Receipts
428,308
213,109
641,417
33 Other Funds
34 Rhode Island Capital Plan Funds
1 RI Statewide Communications Infrastructure
315,404
85,162
400,566
2 RI Statewide Communications Network Tower
550,000
0
550,000
3 State Emergency Ops Center
0
64,000
64,000
4 Grand Total - Emergency Management
5 Agency
43,657,584
13,389,545
57,047,129
6 Environmental Management
7 Office of the Director
8 General Revenues
9,446,875
(127,764)
9,319,111
Of this general revenue amount, $180,000 is appropriated to the conservation districts and
$100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a
11 veterinarian at the Wildlife Clinic of Rhode Island.
12 Federal Funds
354,975
329,383
684,358
13 Restricted Receipts
5,930,220
1,150,812
7,081,032
14 Total - Office of the Director
15,732,070
1,352,431
17,084,501
15 Natural Resources
16 General Revenues
32,325,750
1,619,333
33,945,083
Provided that of this general revenue amount, $150,000 is to be used for marine mammal
response activities in conjunction with matching federal funds.
19 Federal Funds
31,528,201
264,097
31,792,298
20 Restricted Receipts
6,185,022
721,371
6,906,393
21 Other Funds
22 DOT Recreational Projects
762,000
26,547
788,547
23 Blackstone Bike Path Design
1,000,000
0
1,000,000
24 Rhode Island Capital Plan Funds
25 Dam Repair
6,815,000
(6,422,589)
392,411
26 Fort Adams Rehabilitation
500,000
216,595
716,595
27 Port of Galilee
20,500,000
(5,779,101)
14,720,899
28 Newport Pier Upgrades
500,000
(385,000)
115,000
29 Recreation Facilities Asset Protection
750,000
0
750,000
30 Recreational Facilities Improvements
2,900,000
4,735,607
7,635,607
31 Natural Resources Office and Visitor's Center
1,836,709
(1,602,632)
234,077
32 Fish & Wildlife Maintenance Facilities
200,000
19,291
219,291
33 Marine Infrastructure/Pier Development
700,000
752,413
1,452,413
34 Total - Natural Resources
106,502,682
(5,834,068)
100,668,614
1
Environmental Protection
2
General Revenues
16,607,743
219,983
16,827,726
3
Federal Funds
12,825,343
2,885,397
15,710,740
4
Restricted Receipts
12,660,382
62,782
12,723,164
5
Other Funds
6
Transportation MOU
95,967
(35,866)
60,101
7
Total - Environmental Protection
42,189,435
3,132,296
45,321,731
8
Grand Total - Environmental Management
164,424,187
(1,349,341)
163,074,846
9
Coastal Resources Management Council
10
General Revenues
3,904,812
269,201
4,174,013
11
Federal Funds
3,331,166
(222,509)
3,108,657
12
Restricted Receipts
624,768
(288,957)
335,811
13
Other Funds
14
Rhode Island Capital Plan Funds
15
South Coast Restoration Project
7,000,000
0
7,000,000
16
Pawcatuck Resiliency Elevation Study
0
50,000
50,000
17
Grand Total - Coastal Resources Mgmt.
18
Council
14,860,746
(192,265)
14,668,481
19
Transportation
20
Central Management
21
Federal Funds
13,777,360
91,840
13,869,200
22
Other Funds
23
Gasoline Tax
9,004,830
(1,279,968)
7,724,862
24
Total - Central Management
22,782,190
(1,188,128)
21,594,062
25
Management and Budget
26
Other Funds
27
Gasoline Tax
3,839,065
1,635,875
5,474,940
28
Infrastructure Engineering
29
Federal Funds
30
Federal Funds
460,804,783
107,101,455
567,906,238
31
Federal Funds – State Fiscal Recovery Fund
32
Municipal Roads Grant Program
0
11,421,717
11,421,717
33
Washington Bridge Project
0
16,895,328
16,895,328
34
Restricted Receipts
6,066,037
(4,166,072)
1,899,965
1 Other Funds
2 Gasoline Tax 88,272,135 (7,045,921) 81,226,214
Provided that of this amount, $6,500,000 is appropriated to the Municipal Roads Grant
Program known as RhodeRestore to provide funding to municipalities for the construction and
maintenance of roads, sidewalks, and bridges. Provided that twenty-five percent (25%) of the funds
shall be distributed equally to each city and town, and seventy-five percent (75%) shall be allocated
proportionally based on each municipality’s share of municipally maintained road miles, as
determined by the most recent data available from the Rhode Island department of transportation.
Provided further that each municipality is required to provide a sixty-seven percent (67%) match.
Provided that of this amount, sufficient funds from the Rhode Island public transit
authority’s share of gasoline tax proceeds shall be allocated to the state paratransit program,
including the expansion pilot program known as ride anywhere to ensure statewide paratransit
services are maintained.
14 Land Sale Revenue
6,239,422
(135,005)
6,104,417
15 Tolling Revenue
10,000,000
(10,000,000)
0
16 Rhode Island Capital Plan Funds
17 Highway Improvement Program
115,617,814
(2,047,814)
113,570,000
18 Bike Path Asset Protection
400,000
0
400,000
19 RIPTA - Land and Buildings
6,905,927
(3,773,544)
3,132,383
20 RIPTA - Pawtucket/Central Falls Bus Hub
21 Passenger Facility
1,500,000
690,534
2,190,534
22 RIPTA - Providence High-Capacity Transit
23 Corridor Study
90,000
103,368
193,368
24 RIPTA - Kingston Station Mobility Hub
0
300,000
300,000
25 RIPTA - Pawtucket Bus Hub
0
126,000
126,000
26 Total - Infrastructure Engineering
695,896,118
109,470,046
805,366,164
27 Infrastructure Maintenance
28 Other Funds
29 Gasoline Tax
41,781,096
13,287,722
55,068,818
The department of transportation will establish a municipal roadway database, which will
include information concerning the name, condition, length, roadway infrastructure, and pedestrian
features of each municipal roadway, updated annually by municipalities. The database will serve
as a comprehensive and transparent list of municipal roadway conditions.
Rhode Island Highway Maintenance
1 Account
114,037,366
190,370,938
304,408,304
2 Rhode Island Capital Plan Funds
3 Maintenance Capital Equipment Replacement
1,800,000
1,858,569
3,658,569
4 Maintenance Facilities Improvements
859,756
362,407
1,222,163
5 Welcome Center
150,000
397,183
547,183
6 Salt Storage Facilities
1,150,000
(36,338)
1,113,662
7 Train Station Asset Protection
500,000
1,024,237
1,524,237
8 Total - Infrastructure Maintenance
160,278,218
207,264,718
367,542,936
9 Grand Total - Transportation
882,795,591
317,182,511 1,199,978,102
10 Statewide Totals
11 General Revenues
5,809,363,121
28,143,725 5,837,506,846
12 Federal Funds
5,108,485,986
346,082,639 5,454,568,625
13 Restricted Receipts
458,544,467
91,837,535 550,382,002
14 Other Funds
2,959,985,019
268,416,806 3,228,401,825
15 Statewide Grand Total
14,336,378,593
734,480,705 15,070,859,298
SECTION 2. Each line appearing in section 1 of this article shall constitute an
appropriation.
SECTION 3. The general assembly authorizes the state controller to establish the internal
service accounts shown below, and no other, to finance and account for the operations of state
agencies that provide services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
a businesslike manner; promote efficient use of services by making agencies pay the full costs
associated with providing the services; and allocate the costs of central administrative services
across all fund types, so that federal and other non-general fund programs share in the costs of
general government support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the following
expenditure limitations:
Account Expenditure Limit
29 FY 2026 FY 2026 FY 2026
Enacted Change FINAL
State Assessed Fringe Benefit Internal
Service Fund 37,255,808 94,704 37,350,512
Administration Central Utilities Internal
Service Fund 30,366,642 0 30,366,642
1 State Central Mail Internal Service Fund
9,020,425
(835)
9,019,590
2 State Telecommunications Internal
3 Service Fund
3,426,061
3,173
3,429,234
4 State Automotive Fleet Internal Service Fund
21,610,397
14,815
21,625,212
5 Surplus Property Internal Service Fund
44,789
0
44,789
6 Health Insurance Internal Service Fund
272,933,573
69,971,421
342,904,994
7 Other Post-Employment Benefits Fund
63,854,008
(23,438,854)
40,415,154
8 Capitol Police Internal Service Fund
1,659,403
188,969
1,848,372
9 Corrections Central Distribution Center
10 Internal Service Fund
8,679,440
79,813
8,759,253
11 Correctional Industries Internal Service Fund
8,477,292
52,361
8,529,653
12 Secretary of State Record Center Internal
13 Service Fund
1,231,684
(76,237)
1,155,447
14 Human Resources Internal Service Fund
18,711,878
(233,544)
18,478,334
15 DCAMM Facilities Internal Service Fund
40,492,965
40,486
40,533,451
16 Information Technology Internal
17 Service Fund
70,587,805
102,554
70,690,359
SECTION 4. Departments and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
not include limited period positions or, seasonal or intermittent positions whose scheduled period
of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
do they include individuals engaged in training, the completion of which is a prerequisite of
employment. Provided, however, that the governor or designee, speaker of the house of
representatives or designee, and the president of the senate or designee may authorize an adjustment
to any limitation. Prior to the authorization, the state budget officer shall make a detailed written
recommendation to the governor, the speaker of the house, and the president of the senate. A copy
of the recommendation and authorization to adjust shall be transmitted to the chairman of the house
finance committee, senate finance committee, the house fiscal advisor, and the senate fiscal advisor.
State employees whose funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with the term limited to the availability of non-state
general revenue funding source.
FY 2026 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 684.6 683.6
Provided that no more than 434.1 of the total authorization would be limited to positions
that support internal service fund programs.
4 Office of Energy Resources
17.0
5 Business Regulation
155.0 157.0
6 Rhode Island Cannabis Control Commission
26.0
7 Executive Office of Commerce
5.0
8 Housing
38.0
9 Labor and Training
461.7
10 Revenue
605.5
11 Legislature
298.5
12 Office of the Lieutenant Governor
8.0
13 Office of the Secretary of State
62.0
14 Office of the General Treasurer
92.0
15 Board of Elections
13.0
16 Rhode Island Ethics Commission
12.0
17 Office of the Governor
45.0
18 Commission for Human Rights
15.0
19 Public Utilities Commission
57.0
20 Executive Office of Health and Human Services
243.0 248.0
21 Children, Youth and Families
713.5 719.5
22 Health
572.6
23 Human Services
779.0 789.0
24 Office of Veterans Services
267.0
25 Office of Healthy Aging
33.0
26 Behavioral Healthcare, Developmental Disabilities and Hospitals
1,223.4 1,225.4
Provided that 18.0 of the total authorization would be limited to independent facilitators
positions to comply with the Consent Decree Addendum.
Office of the Child Advocate 13.0
Commission on the Deaf and Hard of Hearing 4.0
Governor’s Commission on Disabilities 5.0
Office of the Mental Health Advocate 6.0
Elementary and Secondary Education 156.1
Provided that 3.0 of the total authorization would be available only for positions that are
supported by the healthy environments advance learning grant at the school building authority.
School for the Deaf 61.0
Davies Career and Technical School 125.0
Office of Postsecondary Commissioner 48.0
Provided that 1.0 of the total authorization would be available only for positions that are
supported by third-party funds, 12.0 would be available only for positions at the state’s higher
education centers located in Woonsocket and Westerly, 10.0 would be available only for positions
at the nursing education center, and 9.0 would be available for the longitudinal data systems
program.
University of Rhode Island 2,671.0
Provided that 378.8 of the total authorization would be available only for positions that are
supported by third-party funds, and 424.5 would be available only for positions that support
auxiliary operations .
Rhode Island College 949.2
Provided that 76.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Community College of Rhode Island 849.1
Provided that 89.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island State Council on the Arts 10.0
RI Atomic Energy Commission 8.6
Historical Preservation and Heritage Commission 15.6
Office of the Attorney General 268.1
Corrections 1,461.0
Judicial 749.3
Military Staff 93.0
Emergency Management Agency 38.0
Public Safety 634.0 635.0
Office of the Public Defender 104.0
Environmental Management 439.0
Coastal Resources Management Council 32.0
Transportation 755.0
Total 15,921.8 15,946.8
No agency or department may employ contracted employee services where contract
employees would work under state employee supervisors without determination of need by the
director of administration acting upon positive recommendations by the budget officer and the
personnel administrator and fifteen (15) days after a public hearing.
Nor may any agency or department contract for services replacing work done by state
employees at that time without determination of need by the director of administration acting upon
the positive recommendations of the state budget officer and the personnel administrator and thirty
(30) days after a public hearing.
SECTION 5. The appropriations from federal funds contained in section 1 shall not be
construed to mean any federal funds or assistance appropriated, authorized, allocated or
apportioned to the State of Rhode Island from the state fiscal recovery fund and capital projects
fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2026
except for those instances specifically designated.
The State fiscal recovery fund and capital projects fund appropriations herein shall be made
in support of the following projects:
Federal Funds - State Fiscal Recovery Fund
Department of Administration (DOA)
DOA- Pandemic Recovery Office. These funds shall be allocated to finance the pandemic
recovery office established within the department of administration.
DOA - Public Health Response Warehouse Support. These funds shall be allocated to the
proper storage of PPE and other necessary COVID-19 response related supplies.
DOA - Community Learning Center Programming Support Grant. These funds shall be
distributed to municipalities that have approved community learning center projects under the
coronavirus capital projects fund community learning center municipal grant program. An equal
amount of funding will be allocated to each approved community learning center project that
reaches substantial completion as defined by the U.S. Department of Treasury by October 31, 2026.
Municipalities with projects that do not reach substantial completion as defined by the U.S.
Department of Treasury by October 31, 2026, shall return their funding no later than November 15,
2026, for redistribution among other qualified community learning centers. These funds must be
used to support the establishment of U.S. Department of the Treasury compliant health monitoring,
work, and or education programming that will take place in a community learning center.
DOA - Municipal Public Safety Infrastructure. These funds shall be used to provide
matching support to cities and towns to make significant public safety facilities infrastructure
improvements including new construction. Funding priority shall be based on project readiness and
limited to those for which the total costs exceed $1.0 million. Matching funds to any municipality
will be limited to $5.0 million for projects that serve a regional purpose and $1.0 million for others.
DOA - ERP Implementation Support. These funds shall be used to support the
implementation of a new cloud-based enterprise resource platform for the State of Rhode Island to
more efficiently and strategically administer human resources, payroll, and finance operations.
Office of Energy Resources (OER)
OER - Electric Heat Pump Grant Program. These funds shall support a grant program
within the office of energy resources to assist homeowners and small-to-mid-size business owners
with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on
families in environmental justice communities, minority-owned businesses, and community
organizations who otherwise cannot afford this technology. The office of energy resources shall
report to the speaker of the house and senate president no later than April 1 of each year the results
of this program, including but not limited to, the number of grants issued; amount of each grant and
the average grant amount; and the expected cumulative carbon emissions reductions associated
with heat pumps that received a grant.
Department of Labor and Training (DLT)
DLT - Enhanced Real Jobs. These funds shall support the real jobs Rhode Island program
in the development of job partnerships, connecting industry employers adversely impacted by the
pandemic to individuals enrolled in workforce training programs.
DLT - Unemployment Insurance Trust Fund Contribution. The director of labor and
training shall allocate these appropriations to the employment security fund prior to determining
the experience rate for each eligible employer for calendar year 2023.
Executive Office of Commerce (EOC)
EOC - Bioscience Investments. These funds shall support a program to invest in the
biosciences industry in Rhode Island in conjunction with the Rhode Island life science hub as
established in chapter 99 of title 23. This program will include, but is not limited to, the
development of one or more wet lab incubator spaces in collaboration with industry partners; the
creation of a fund that will support wrap-around services to aid in the commercialization of
technology and business development, growth of the biosciences talent pipeline, and support for
staff to implement the bioscience investments initiative.
EOC - Assistance to Impacted Industries. These funds shall be allocated to provide
assistance to the tourism, hospitality, and events industries for outdoor and public space capital
improvements and event programming.
Executive Office of Housing
Housing - Development of Affordable Housing. These funds shall expand a program at the
Rhode Island housing and mortgage finance corporation to provide additional investments in (1)
the development of affordable housing units in conjunction with general obligation bond funds and
other sources of available financing according to guidelines approved by the coordinating
committee of the housing resources commission or (2) site acquisition and predevelopment
expenses for affordable housing. Of this amount, ten million dollars ($10,000,000) shall be
available to Rhode Island housing and mortgage finance corporation to establish a pilot program
that shall direct funds to support low income public housing through project-based rental assistance
vouchers and financing for pre-development, improvement, and housing production costs. Within
six (6) months, any money available for the pilot that is not yet allocated to viable projects, or
which has been awarded to public housing authorities which are unable to demonstrate substantial
completion of all work within eighteen (18) months of receipt of any such funds, shall be returned
to this program and no longer be included in the pilot. Determination of viability and substantial
completion under the pilot shall be at the sole discretion of the secretary of housing.
Housing - Targeted Housing Development. These funds shall create a program at the
department of housing to develop housing in targeted areas and/or priority projects. Of this overall
program, twenty-two million dollars ($22,000,000) shall be allocated into a priority project fund
that advances the following categories: permanent supportive housing, housing dedicated to
vulnerable populations, individuals transitioning out of state care, and extremely low-income
Rhode Islanders. Of this overall program, four million dollars ($4,000,000) shall be allocated to
support the development of transit-oriented housing as approved by the secretary of housing.
Housing - Site Acquisition. These funds shall be allocated to the Rhode Island housing and
mortgage finance corporation toward the acquisition of properties for redevelopment as affordable
and supportive housing to finance projects that include requirements for deed restrictions not less
than thirty (30) years, and a non-recourse structure.
Housing - Workforce Housing. These funds shall be allocated to the Rhode Island housing
and mortgage finance corporation to support a program to increase the housing supply for families
earning up to 120 percent of area median income.
Housing - Home Repair and Community Revitalization. These funds shall expand the
acquisition and revitalization program administered by the Rhode Island housing and mortgage
finance corporation to finance the acquisition and redevelopment of blighted properties to increase
the number of commercial and community spaces in disproportionately impacted communities and
or to increase the development of affordable housing. Residential development will serve
households earning no more than 80 percent of area median income. Commercial and community
spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the
residents are low-and moderate-income persons. Of this amount, four million five hundred
thousand dollars ($4,500,000) will support critical home repairs within the same communities.
Housing - Predevelopment and Capacity Building. These funds shall support a program to
increase contract staffing capacity to administer proposed affordable housing projects. These funds
will support research and data analysis, stakeholder engagement, and the expansion of services for
people experiencing homelessness.
Housing - Municipal Planning. Of these funds, one million three hundred thousand dollars
($1,300,000) shall support a housing development-focused municipal fellows program within the
department of housing and one million dollars ($1,000,000) shall support municipalities to study
and implement zoning changes that up-zone or otherwise enable additional housing development
in proximity to transit.
Housing - Homelessness Assistance Program. These funds shall support a program to
expand housing navigation, behavioral health, and stabilization services to address pandemic-
related homelessness. The program will support services for people transitioning from
homelessness to housing, including individuals transitioning out of the adult correctional
institutions.
Housing - Homelessness Infrastructure. These funds shall be used to support a program to
respond to and prevent homelessness, including but not limited to, acquisition or construction of
temporary or permanent shelter and other housing solutions and stabilization programs.
Housing - Municipal Homelessness Support Initiative. These funds shall be used to support
a program to award grants to cities and towns for public safety expenses and other municipal
services that support individuals and families experiencing homelessness.
Housing - Proactive Housing Development. These funds shall be used to support the
creation, staffing, and initial activities of a proactive development subsidiary of the Rhode Island
housing and mortgage finance corporation, established pursuant to § 42-55-5.1.
Housing - Housing Related Infrastructure. These funds shall be allocated to the Rhode
Island infrastructure bank as established in chapter 12.2 of title 46 to support physical infrastructure
that is necessary to produce additional housing. All expenditures made with these funds must be
for the pre-development and development of site-related infrastructure for housing that meets
affordable housing pricing and/or income criteria and other criteria established by the department
of housing.
Housing - Statewide Housing Plan. These funds shall be allocated to the development of a
statewide comprehensive housing plan to assess current and future housing needs, consider barriers
to home ownership and affordability, and identify services needed for increased investments toward
disproportionately impacted individuals and communities. These funds shall be used to support
municipal planning efforts to identify and cultivate viable sites and housing projects.
Quonset Development Corporation (QDC)
QDC - Port of Davisville. These funds shall be allocated to expand a program developing
port infrastructure and services at the Port of Davisville in Quonset in accordance with the
corporation’s master plan.
Executive Office of Health and Human Services (EOHHS)
EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a
program to support certified community behavioral health clinics to bolster behavioral health
supports, medical screening and monitoring, and social services to particularly vulnerable
populations in response to a rise in mental health needs during the public health emergency.
Department of Children, Youth and Families (DCYF)
DCYF - Provider Workforce Stabilization. These funds shall be allocated to support
workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care
and supporting care staff of contracted service providers.
DCYF - Psychiatric Treatment Facility. These funds shall be allocated to expand existing
psychiatric residential treatment facility capacity to provide intensive residential treatment options
for adolescent girls and young women who face severe and complex behavioral health challenges.
Any funds that are unexpended shall be allocated to the construction of intensive residential
treatment facilities that will provide female youth in Rhode Island more placement options to
receive appropriate care for their individual levels of need.
Department of Health (DOH)
DOH - COVID-19 Operational Support. These funds shall be allocated to continue
COVID-19 mitigation activities at the department of health and to address the public health impacts
of the pandemic in Rhode Island.
Department of Human Services (DHS)
DHS - Child Care Support. To address the adverse impact the pandemic has had on the
child care sector, the funds allocated to this program will provide retention bonuses for direct-care
staff at child care centers and licensed family providers in response to pandemic-related staffing
shortages and start up and technical assistance grants for family child care providers. Retention
bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.
The director of the department of human services and the director of the department of children,
youth and families may waive any fees otherwise assessed upon child care provider applicants who
have been awarded the family child care provider incentive grant. The allocation to this program
will also support quality improvements, the creation of a workforce registry, and additional funds
for educational opportunities for direct care staff.
DHS - SNAP Retail Incentive Pilot. The funds allocated to the Supplemental Nutritional
Assistance Program (SNAP) Retail Incentive Pilot shall be used to reimburse the expenditures
made from general revenue prior to January 1, 2025, in support of the Rhode Island Eat Well, Be
Well Rewards Program. The Rhode Island Eat Well, Be Well Rewards Program is the first and
only statewide retail SNAP incentive program in the United States and provides SNAP recipients
an additional fifty cents ($0.50) for every one dollar ($1.00) of SNAP benefits spent on eligible
fresh fruit and vegetable purchases, up to twenty-five dollars ($25).
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
(BHDDH)
BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-
health related calls reported by police departments, these funds shall be allocated to the crisis
intervention training program to provide training every three years for law enforcement as well as
continuing education opportunities.
BHDDH – 9-8-8 Hotline. These funds shall be allocated for the creation and operation of
a 9-8-8 hotline to maintain compliance with the National Suicide Hotline Designation Act of 2020
and the Federal Communications Commission-adopted rules to assure that all citizens receive a
consistent level of 9-8-8 and crisis behavioral health services.
Rhode Island Department of Elementary and Secondary Education (ELSEC)
RIDE - Adult Education Providers. These funds shall be directly distributed through the
office of adult education to nonprofit adult education providers to expand access to educational
programs and literary services.
RIDE - Out of School Time Education Providers. These funds shall be directly distributed
through the office of student, community and academic supports to expand access to educational
programs.
Office of Postsecondary Commissioner (OPC)
OPC - RI Reconnect. These funds shall support a program to improve postsecondary
degree and credential attainment among working-age Rhode Islanders. The program will assist
students in addressing barriers to education completion, particularly among communities of color
and lower socio-economic strata. A portion of these funds will be used to address barriers to the
attainment of teacher certification as a second language education teacher, grades PK-12, and as an
all grades special education teacher.
OPC - RIC Cybersecurity Center. These funds shall support the establishment of the
institute for cybersecurity and emerging technologies at Rhode Island College, which will provide
certificate, baccalaureate, and master’s level courses with focuses on research and developing
highly skilled cybersecurity professionals. Funding shall be appropriated through the office of
postsecondary commissioner.
OPC - Fresh Start Scholarship. These funds shall support a program to provide scholarships
to adult students with some college credits, but no degree, with a focus on students who dropped-
out of the community college of Rhode Island. This program will target students who are not
meeting satisfactory academic progress requirements, which makes them ineligible for federal
financial assistance.
Department of Public Safety (DPS)
DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest
in the nonprofit community to provide additional housing, clinical and mental health services to
victims of domestic violence and sexual assault. This includes increased investments for therapy
and counseling, housing assistance, job training, relocation aid and case management.
Department of Transportation (DOT)
DOT - Municipal Roads Grant Program. These funds shall support a program to distribute
grants with a required local match for the replacement, rehabilitation, preservation, and
maintenance of existing roads, sidewalks, and bridges. These funds shall be distributed equally to
each city and town provided that each municipality is required to provide a sixty-seven percent
(67%) match.
DOT - Washington Bridge Project. These funds shall support the non-federal share or
matching requirement on federal funds for priority transportation projects, including but not limited
to the Washington Bridge project.
Federal Funds - Capital Projects Fund
Department of Administration (DOA)
DOA - CPF Administration. These funds shall be allocated to the department of
administration to oversee the implementation of the capital projects fund award from the American
Rescue Plan Act.
DOA - Community Learning Center Municipal Grant Program. These funds shall be
allocated to a program for cities and towns that renovate or build a community learning center that
meets the work, education, and health monitoring requirements identified by the U.S. Department
of the Treasury.
Executive Office of Commerce (EOC)
EOC - Broadband. These funds shall be allocated to the executive office of commerce to
invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The
secretary of commerce, in partnership with the director of business regulation, will run a series of
requests for proposals for broadband infrastructure projects, providing funds to municipalities,
public housing authorities, business cooperatives and local internet service providers for projects
targeted at those underserved by the current infrastructure using the evidentiary bases authorized
by the United States department of the treasury for the capital projects fund. These funds shall be
used in accordance with the statewide broadband strategic plan and may not be obligated nor
expended prior to its submission in accordance with the requirements of the Rhode Island
broadband development program set forth in chapter 162 of title 42.
SECTION 6. Notwithstanding any general laws to the contrary, the department of revenue
shall transfer to the state controller by June 30, 2026, the sum of five million dollars ($5,000,000)
from the Marijuana Trust Fund restricted receipt account.
SECTION 7. Notwithstanding any general laws to the contrary, the state controller shall
transfer the sum of twenty-four million dollars ($24,000,000) to the supplemental state budget
reserve account by June 30, 2026.
SECTION 8. This article shall take effect upon passage.
=======
art.014/1/012/1
=======
RELATING TO EFFECTIVE DATE
SECTION 1. This act shall take effect as of July 1, 2026, except as otherwise provided
herein.
SECTION 2. The article shall take effect upon passage.