reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-60 - Block Island Housing Board › Section 45-60-2. - Block Island housing trust fund.

§ 45-60-2. Block Island housing trust fund.
(a)
There is created a special designated account to be known as the “Block Island housing fund.” The fund shall be administered by the board and expenditures from the fund are made only to implement and effectuate the policies and purposes of this chapter. Funds shall consist of monies or in-kind donations from whatever source. These may include, but are not limited to, monies from the general treasury of the town, seasonal house rental taxes of no more than one percent (1%) of prevailing market rate, contributions from private or public sources, loans from private or financial institutions, grants, gifts or bequests.
(b)
No funds shall be transferred from the housing trust account for investment or any other purpose without prior approval by the housing trust board.
(c)
Unexpended balances and any earnings shall not revert to the town general fund but shall remain in the housing fund for use in accord with the purposes of this chapter.
History of Section.
P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-60 - Block Island Housing Board › Section 45-60-3. - General powers and duties of the board.

§ 45-60-3. General powers and duties of the board.
(a)
The board shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limitation, those general powers provided to a nonprofit corporation and including, without limiting the generality of the foregoing, the power to:
(1)
Upon application from an eligible applicant in a form prescribed by the board, provide funding in the form of grants, loans, loan guarantees, lines of credit, rental assistance or any other means determined to further the goals of the trust for eligible activities;
(2)
Enter into cooperative agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this state or town to carry out the purposes of this chapter;
(3)
Purchase, sell, build, develop or restore real estate, the objective of which is to create affordable year-round and seasonal housing in perpetuity;
(4)
Sell property to eligible applicants, such property may be deed-restricted such that affordability will remain in perpetuity;
(5)
Rent or lease real estate the board may own or lease from others;
(6)
Solicit bequests and accept donations;
(7)
The selling to or renting/leasing to applicants will be done in accordance with the provisions of the Rhode Island Fair Housing Practices Act, chapter 37 of title 34;
(8)
Collect taxes on behalf of the town of New Shoreham from those owners engaged in the business of renting, leasing, letting, or granting a license to use any seasonal rental in accordance with §§ 45-60-6 and 45-60-7, and the taxes so imposed shall be in addition to all other taxes imposed by law.
(b)
The board shall adopt reasonable rules and regulations governing the conduct of trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this chapter. All rules and regulations of the trust are subject to the approval of the town council.
(c)
All meetings of the housing board shall be open to the public except that this provision shall not be deemed to prevent holding of executive sessions, provided all votes are taken in public or closed meeting with recorded vote taken in accordance with chapter 46 of title 42, the Rhode Island open meetings law.
History of Section.
P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1; P.L. 2005, ch. 355, § 1; P.L. 2005, ch. 435, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-60 - Block Island Housing Board › Section 45-60-4. - Allocation system.

§ 45-60-4. Allocation system.
(a)
In determining the allocation of funds available for the purposes of this chapter, the board shall evaluate each proposal on the basis of the following criteria which may include, but not be limited to:
(1)
The need for a timely response to unpredictable circumstances or special opportunities to serve the purposes of this chapter;
(2)
The level of funding or other participation by private or public sources in the activity being considered for funding by the board;
(3)
What resources will be required in the future to sustain the project;
(4)
The long-term effect of proposed activity and the likelihood that the activity will result in the preservation of affordability in perpetuity;
(5)
The board’s allocation system shall include a method, defined by rule, that evaluates the need for, impact of, and quality of, activities proposed by applicants.
(b)
Affordable housing projects must result in units which remain affordable for the maximum time allowed by law; the housing board shall retain first right of refusal in the event of sale or transfer of such properties for which funds from this trust fund have been used.
History of Section.
P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-60 - Block Island Housing Board › Section 45-60-5. - Annual report.

§ 45-60-5. Annual report.
At the end of each fiscal year which is defined to begin on July 1 and continue through June 30 of each year, the board shall submit a report concerning its activities to the town council. More frequent reports may be given as requested. The report shall include, but not be limited to, the following:
(1)
A list and description of activities funded by the board during the preceding year;
(2)
A list of taxes and/or contributions received by the board, whatever their form or nature, and the source of the taxes and/or contributions, unless anonymity is a condition of a particular contribution. The record of individual payments shall be kept confidential, as are sales and income tax records;
(3)
A full report of the board’s activities;
(4)
Fund statements will be audited annually by a certified public accounting firm engaged by the housing board.
History of Section.
P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1; P.L. 2005, ch. 355, § 1; P.L. 2005, ch. 435, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-60 - Block Island Housing Board › Section 45-60-6. - Imposition of seasonal rental tax, rate, procedure, enforcement, exemptions. [Contingent effective date; see notes.]

§ 45-60-6. Imposition of seasonal rental tax, rate, procedure, enforcement, exemptions. [Contingent effective date; see notes.]
(a)
It is hereby declared to be the legislative intent that every owner is exercising a taxable privilege who engages in the business of renting, leasing, letting, or granting a license to use any living quarters or sleeping or housekeeping accommodations in, from, or a part of, or in connection with any seasonal rental. However, any owner who rents, leases, lets, or grants a license to others to use, occupy, or enter upon any living quarters or sleeping or housekeeping accommodations in seasonal rentals and who exclusively enters into a bona fide written agreement for continuous residence for longer than six (6) months in duration at such property is not exercising a taxable privilege. For the exercise of such taxable privilege, a tax is hereby levied in an amount equal to no more than one percent (1%) of the actual rent received for such seasonal rental by owner. Such tax shall apply to seasonal rental whether or not there is in connection with any of the same any dining rooms, cafes, or other places where meals or lunches are sold or served to guests. For purposes of this chapter “seasonal rental” shall mean any home or apartment rented for six (6) months or less.
(b)
The owner receiving the rent shall remit the tax to the town treasurer for deposit into the Block Island housing fund at the end of the rental season but no later than February 15th of the following year or at some other time as designated by the Block Island housing board.
(c)
The tax levied by this section shall not apply to, be imposed upon, or collected from any person who shall have entered into a bona fide written lease for longer than six (6) months in duration for continuous residence at any one seasonal rental.
(d)
The tax imposed by this section shall constitute a lien on the property on which the seasonal rental is located in the same manner as and shall be collectible as are liens authorized and imposed by chapter 9 of title 44.
History of Section.
P.L. 2005, ch. 355, § 2; P.L. 2005, ch. 435, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-60 - Block Island Housing Board › Section 45-60-7. - Collections of seasonal rental tax.

§ 45-60-7. Collections of seasonal rental tax.
(a)
When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such nonmonetary consideration.
(b)
The owner of the seasonal rental shall remit the tax to the town treasurer for deposit into the Block Island housing fund at the end of the rental season but no later than February 15th of the following year or at some other time as designated by the Block Island housing board.
(c)
The town treasurer shall keep records showing the amount of taxes collected, which records shall disclose the taxes collected from each owner of such seasonal rental. The records of individual payments shall be kept confidential, as are sales and income tax records.
(d)
The collections received by the town treasurer shall be deposited into the Block Island housing fund for use by the board as provided in this chapter.
(e)
The board shall promulgate such rules and shall prescribe and publish such forms as may be necessary to effectuate the purposes of this section including, but not limited to, procedures for collection, timing, due dates and mailing of tax notices. The board is authorized to establish audit procedures and to assess for delinquent taxes.
(f)
Any tax levied pursuant to this section shall be in addition to any other tax imposed pursuant to chapter 44-5-1 et seq., and in addition to all other taxes and fees and the consideration for the rental or lease.
History of Section.
P.L. 2005, ch. 355, § 2; P.L. 2005, ch. 435, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61 - Stormwater Management Districts › Section 45-61-1. - Short title.

§ 45-61-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Stormwater Management and Utility District Act of 2002.”
History of Section.
P.L. 2002, ch. 329, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61 - Stormwater Management Districts › Section 45-61-2. - Legislative findings.

§ 45-61-2. Legislative findings.
The general assembly hereby recognizes and declares that:
(1)
The general assembly finds that stormwater, when not properly controlled and treated, causes pollution of the waters of the state, threatens public health, and damages property. Stormwater carries pollutants and other material from the land — such as human and animal waste, oil, gasoline, grease, fertilizers, nutrients, and sediments — into rivers, streams, ponds, coves, drinking water aquifers, and Narragansett Bay. Stormwater reaches the state’s waters by streets, roads, lawns, and other means. As a result, public use of the natural resources of state for drinking water, swimming, fishing, shellfishing, and other forms of recreation is limited and in some cases prohibited.
(2)
The general assembly further finds that inattention to stormwater management results in erosion of soils and destruction of both public and private property, thereby putting public safety at risk and harming property values and uses, including agriculture and industry. Therefore, to help alleviate existing and future degradation of the state’s waters and the associated risks to public health and safety, and to comply with state and federal stormwater management requirements, stormwater conveyance systems must be maintained and improved. The state of Rhode Island is delegated by the United States Environmental Protection Agency to implement “Phase II” stormwater management regulations, which require municipalities and other persons to increase their capacity to control stormwater. The Department of Environmental Management’s Pollution Discharge Elimination System program has promulgated these regulations.
History of Section.
P.L. 2002, ch. 329, § 1; P.L. 2009, ch. 310, § 68.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61 - Stormwater Management Districts › Section 45-61-3. - Declaration of purpose.

§ 45-61-3. Declaration of purpose.
The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating stormwater management districts (SMD), the boundaries of which may include all or part of a city or town, as specified by such ordinance. Such ordinances shall be designated to eliminate and prevent the contamination of the state’s waters and to operate and maintain existing stormwater conveyance systems.
History of Section.
P.L. 2002, ch. 329, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61 - Stormwater Management Districts › Section 45-61-4. - Powers of councils.

§ 45-61-4. Powers of councils.
The city or town council of any city or town in the state, by itself or with other cities and towns, pursuant to chapter 43 of this title, and in accordance with the purposes of this chapter, are hereby authorized to adopt ordinances creating stormwater management districts, which will be empowered, pursuant to such ordinance, to:
(1)
Establish a fee system and raise funds for administration and operation of the district. The fee system shall be reasonable and equitable so that each contributor of runoff to the system shall pay to the extent to which runoff is contributed and the state shall be exempted from the fee system. However, the state department of transportation shall cooperate with the municipalities in the planning and implementation of wastewater management ordinances, including the providing of funds, if available, to match the fees collected by the municipalities annually;
(2)
Prepare long range stormwater management master plans;
(3)
Implement a stormwater management district in accordance with regulations and model ordinances promulgated under this chapter;
(4)
Retrofit existing structures to improve water quality or alleviate downstream flooding or erosion;
(5)
Properly maintain existing structures within the district;
(6)
Borrow for capital improvement projects by issuing bonds or notes of the city or town;
(7)
Hire personnel to carry out the functions of the districts;
(8)
Receive grants, loans or funding from state and federal water quality programs;
(9)
Grant credits to property owners who maintain retention and detention basins or other filtration structures on their property;
(10)
Make grants for implementation of stormwater management district plans;
(11)
Purchase, acquire, sell, transfer, or lease real or personal property;
(12)
Impose liens;
(13)
Levy fines and sanctions for noncompliance;
(14)
Provide for an appeals process;
(15)
Contract for services in order to carry out the function of the district.
History of Section.
P.L. 2002, ch. 329, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61.1 - Storm Drainage System Maintenance › Section 45-61.1-1. - Purposes.

§ 45-61.1-1. Purposes.
The purposes of this chapter are to:
(1)
Require, at a minimum, the annual inspection of and if necessary the annual cleaning and maintenance of storm drainage systems that are prone to flooding in order to reduce the risks of flooding and roadway degradation, and the deposition of sediments and associated pollutants into the state’s waterways;
(2)
Allow small municipal separate storm sewer systems in partnership with the department of transportation to designate storm drainage systems that are prone to flooding and would be subject to the requirements of this chapter;
(3)
Provide an opportunity for public input during the storm drainage designation process; and
(4)
Authorize the department of environmental management to adopt regulations, as necessary, to implement the provisions of this chapter.
History of Section.
P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61.1 - Storm Drainage System Maintenance › Section 45-61.1-2. - Storm drainage system inspection.

§ 45-61.1-2. Storm drainage system inspection.
(a)
Storm drainage systems are herein defined as catch basins, conveyance structures, and structural best management practices (BMPs) used for peak flow mitigation and runoff control/containment, water quality improvement and/or flood plain compensation.
(b)
In accordance with the findings of § 45-61-2 and the purposes of this chapter, all storm drainage systems that are part of a regulated small municipal separate storm sewer system (small MS4), as defined in department of environmental management Rule 31(a)(5)(i) of the RIPDES Regulations, shall be inspected at least once per year, except those storm drainage systems that are not designated by the owner or operator of a regulated small MS4 pursuant to subsection 45-61.1-3(b) as being prone to street flooding and/or contributing significantly to storm water management problems. Storm drainage systems prone to flooding or contributing significantly to storm water management problems shall be inspected at least once per year and maintained and cleaned as necessary in order to reduce the risks of flooding and ensure proper functioning of storm drain systems.
History of Section.
P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61.1 - Storm Drainage System Maintenance › Section 45-61.1-3. - Stormwater management plans.

§ 45-61.1-3. Stormwater management plans.
(a)
Pursuant to the United States Environmental Protection Agency regulations requiring a storm water management program plan for the “Phase II” stormwater management program, as defined in 40 CFR 122.34, a regulated small MS4 is required to prepare a storm water management program plan as a condition of its general Rhode Island Pollutant Discharge Elimination System (RIPDES) permit for small MS4s. In accordance with the provisions established in § 45-61.1-2, a regulated small MS4 with a general RIPDES permit is required to modify its storm water management program plan to provide for the annual inspection of designated storm drainage systems.
(b)
A regulated small MS4 shall designate on or before March 10, 2007, those storm drainage systems that are prone to street flooding and/or contribute significantly to storm water management problems. Such designation shall be included as part of the public notification and public input process defined in subsection (c) of this section.
(c)
A regulated small MS4 that modifies its storm water management program plan to implement the purposes of this chapter shall provide public notification of any such modifications and must provide an opportunity for public input at a public meeting prior to submitting the modifications to the department of environmental management on or before March 10, 2007; notice and meeting requirements herein set forth shall conform with the provisions of chapter 42-46 entitled “Open Meetings”.
(d)
Pursuant to the provisions of subsection 45-61.1-2(b), the first annual inspection(s) shall be completed no later than March 10, 2008.
History of Section.
P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61.1 - Storm Drainage System Maintenance › Section 45-61.1-4. - Department of environmental management.

§ 45-61.1-4. Department of environmental management.
The department is hereby authorized, as necessary, to modify the basic requirements of the general RIPDES permit for regulated small MS4s to implement the provisions contained in §§ 45-61.1-1 — 45-61.1-3. The department may amend its regulations, as necessary, to bring the general RIPDES permit program for regulated small MS4s into consistency with the requirements of this section.
History of Section.
P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61.2 - The Smart Development for a Cleaner Bay Act of 2007 › Section 45-61.2-1. - Findings.

§ 45-61.2-1. Findings.
(a)
The general assembly hereby recognizes and declares that:
(1)
Stormwater, when not properly controlled and treated, causes pollution of the waters of the state, threatens public health, and damages property. Stormwater carries pollutants into rivers, streams, ponds, coves, drinking water aquifers and Narragansett Bay;
(2)
Stormwater reaches the state’s waters by streets, roads, lawns and other means. As a result, public use of the state’s natural resources for drinking water, swimming, fishing, shellfishing and other forms of recreation is limited and in some cases prohibited;
(3)
Development often results in increased stormwater runoff by increasing the size and number of paved and other impervious surfaces within the state, and decreasing the amount of natural surface areas that naturally control stormwater runoff through natural filtration and groundwater recharge systems;
(4)
Rhode Island’s State Land Use Policies and Plan “Land Use 2025” predicts under the “Current Trend Scenario” that by 2025 an area comprising over one hundred eight thousand (108,000) acres, or sixteen percent (16%) of the state’s total area, could be developed with twenty (20) more years of building to current plans; and
(5)
Rhode Island’s stormwater design and installation standards manual has been developed to describe mandatory and suggested stormwater design and performance criteria for applicants to the department of environmental management (DEM), coastal resources management council (CRMC) and Rhode Island’s cities and towns.
(6)
To prevent the future degradation of the state’s waters the general assembly finds that Rhode Island should update the stormwater design and installation standards manual to implement comprehensive stormwater standards for development that will maintain natural hydrological systems and reduce pollution to the maximum extent possible by requiring the use of modern non-structural low impact design practices and techniques.
History of Section.
P.L. 2007, ch. 133, § 1; P.L. 2007, ch. 203, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-61.2 - The Smart Development for a Cleaner Bay Act of 2007 › Section 45-61.2-2. - Implementation.

§ 45-61.2-2. Implementation.
(a)
The department of environmental management (DEM), in conjunction with the coastal resources management council (CRMC) shall, by July 1, 2008, amend the Rhode Island stormwater design and installation standards manual. The changes shall include, but not be limited to, incorporation into existing regulatory programs that already include the review of stormwater impacts the following requirements:
(1)
Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;
(2)
Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and
(3)
Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable.
(b)
City and town ordinances and regulations may require compliance with the Rhode Island stormwater design and installation standards manual, as amended, for any development, redevelopment, or land disturbance.
History of Section.
P.L. 2007, ch. 133, § 1; P.L. 2007, ch. 203, § 1; P.L. 2009, ch. 310, § 69; P.L. 2012, ch. 219, § 1; P.L. 2012, ch. 228, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-1. - Legislative findings.

§ 45-62-1. Legislative findings.
The general assembly recognizes and declares that:
(1)
Many man-made dams in Rhode Island provide important values to local communities, including the protection of public safety and private property; the protection of drinking water supplies, recreational opportunities, and electrical supplies; the preservation and enhancement of scenic beauty; and the conservation of fish and wildlife resources.
(2)
In order to protect the values that dams provide, or mitigate the risk posed by dams that no longer serve any useful purpose, dams must be properly operated, maintained, repaired and/or removed.
(3)
The costs of properly operating, maintaining, repairing and/or removing dams are often significant and recurring in nature. In order to meet these costs, local communities should be able to form dam management districts as one of several financial tools available to them.
History of Section.
P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1; P.L. 2009, ch. 310, § 70.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-2. - Declaration of purpose.

§ 45-62-2. Declaration of purpose.
The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating dam management districts (“district”) for dams, the boundaries of which may include all or part of a city or town as specified by the ordinance. These ordinances shall be designed to prevent threats to public safety and public and private property caused by the failure or breach of dams and to protect the values associated with dams through the implementation of dam repairs, maintenance, management and/or removal. Dam management districts created pursuant to this chapter shall be bodies corporate and politic, having an existence separate and apart from the town or city and from the state, for the purpose of managing dams and providing for dam safety within the boundaries of the district.
History of Section.
P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-4. - Lien of district fees.

§ 45-62-4. Lien of district fees.
All fees and charges assessed against any person in any district pursuant to this chapter shall constitute a lien upon that person’s real estate in the district for the space of three (3) years after the assessment, and, if the real estate is not alienated, then until the fees are collected.
History of Section.
P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-5. - Indemnification.

§ 45-62-5. Indemnification.
Any elected or appointed district official, employee, or member of the district is entitled to all the rights and benefits of indemnification, as provided by § 45-15-16.
History of Section.
P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-5.1. - Immunity from civil liability.

§ 45-62-5.1. Immunity from civil liability.
Pascoag Reservoir Dam Management District created pursuant to this chapter shall be immune from civil liability for any tort committed upon any lake bed the Pascoag Reservoir Dam Management District may acquire, hold, use or lease pursuant to § 45-62-3.
History of Section.
P.L. 2012, ch. 269, § 1; P.L. 2012, ch. 280, § 1; P.L. 2020, ch. 79, art. 2, § 28.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-6. - Powers of department and responsibilities of dam owners retained.

§ 45-62-6. Powers of department and responsibilities of dam owners retained.
Nothing in this chapter shall be construed to affect the powers and duties of the department of environmental management, as they relate to dams, established pursuant to other provisions of law; nor shall this chapter be construed to affect the responsibilities of dam owners, established pursuant to chapter 19 of title 46, absent the establishment of a district.
History of Section.
P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-62 - Dam Management Districts › Section 45-62-7. - Exemption from real and personal property taxes.

§ 45-62-7. Exemption from real and personal property taxes.
The towns of Burriville and Glocester are authorized to enact ordinances which exempt from taxation real and personal property owned by a Dam Management District created pursuant to this chapter, said exemption to be limited to property that consists of the lake bed of the Pascoag Reservoir, also known as Echo Lake and property on which any dam, spillway and any appurtenant structures may be located as the same relate to the Pascoag Reservoir, also known as Echo Lake.
History of Section.
P.L. 2008, ch. 282, § 2; P.L. 2008, ch. 362, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-63 - Middletown Stormwater Control System › Section 45-63-1. - Legislative findings.

§ 45-63-1. Legislative findings.
The general assembly hereby recognizes and declares that:
(1)
A stormwater control system which provides for the collection, treatment, storage and disposal of stormwater provides benefits and services to all property within a municipality.
(2)
Such benefits include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazards to property and life resulting from stormwater run off, improvement in general health and welfare through reduction of undesirable stormwater conditions and improvement to the water quality in the stormwater and surface water systems and their receiving waters.
(3)
That portions of the town of Middletown do not have the benefit of stormwater control systems or the systems are antiquated and/or ineffective.
(4)
That construction of adequate stormwater control systems in areas of the town of Middletown not presently served by stormwater control systems would further the goals of reducing hazards to life and property through reduction of undesirable stormwater conditions, improvement to the water quality and improvement in general health and welfare.
(5)
That the town of Middletown desires to provide such stormwater control systems to areas in need of same.
(6)
That in order to provide such facilities the town is in need of a funding mechanism to help defray the cost of installation of same.
(7)
That it is the policy of the state of Rhode Island to empower and assist the local municipalities to meet the needs of residents, reduce hazards to life and property and improve water quality.
History of Section.
P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-63 - Middletown Stormwater Control System › Section 45-63-2. - Authorization.

§ 45-63-2. Authorization.
(a)
Subject to approval of the Rhode Island department of environmental management, where required by law or regulation, and where appropriate, to the approval of such other state and federal agencies having jurisdiction over the subject matter, the town of Middletown, is authorized and empowered to design, plan, permit, layout and construct, maintain and operate a stormwater control system facility inclusive, but not limited to, pipes, connections, catch basins, manholes, retention and/or detention basins, water quality ponds, swales, channels, pumps, holding tanks and such other facilities as may be reasonably necessary for the collection, treatment, storage and disposal of stormwater and for such purposes to take by eminent domain or otherwise acquire any lands, rights-of-way, or easements, public or private in said town necessary for accomplishing the purposes set forth in this chapter.
(b)
The design, permit, layout and construction of said stormwater control system shall be vested in the town council, subject to approval of the Rhode Island department of environmental management. The members of the town council and their duly authorized agents may enter upon property within the town to examine, inspect and survey same whenever necessary for the performance of their duties hereunder.
History of Section.
P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1; P.L. 2009, ch. 310, § 71.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-63 - Middletown Stormwater Control System › Section 45-63-4. - Exemptions from special assessment.

§ 45-63-4. Exemptions from special assessment.
The town council may, by ordinance, exempt from the payment of any and all assessments for the construction of stormwater control facilities hereunder, the land of any religious corporation on which are located buildings used solely for holding of religious services therein and all land in the town held by cemetery corporations and used solely for cemetery purposes.
History of Section.
P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-63 - Middletown Stormwater Control System › Section 45-63-5. - Adjustment of special assessment.

§ 45-63-5. Adjustment of special assessment.
Upon petition of the owner of a lot of land of irregular shape or which is unduly above or below grade or which for any other reason is deemed to be inequitably charged or assessed under this chapter, the town council may adjust the charge or assessment on such lot or exempt such lot from such charge or assessment.
History of Section.
P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-63 - Middletown Stormwater Control System › Section 45-63-6. - Stormwater control system in existing street.

§ 45-63-6. Stormwater control system in existing street.
Nothing herein shall be construed to require the town of Middletown to install any storm water control facilities in any existing street and installation of such facilities shall be in the discretion of the town council.
History of Section.
P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-64 - Master Fire Alarm Box Charges › Section 45-64-1. - Power to assess charges against users.

§ 45-64-1. Power to assess charges against users.
In addition to the powers, privileges, prerogatives, and authority that are now granted to each city and town and fire district, or any agency of a city or town and fire district, in connection with fire alarm master box systems of these municipalities, each city and town and fire district is authorized and empowered to enact ordinances assessing users of master alarm fire box systems of the fire departments of the cities and towns and fire district, a charge not to exceed five hundred dollars ($500) for the use of said systems in an amount that recovers the cost to the city or town and fire district of the service rendered to the users. In enacting this ordinance, any city or town and fire district may also provide that all unpaid charges shall be a lien upon the real estate of the users.
History of Section.
P.L. 2011, ch. 231, § 1; P.L. 2011, ch. 256, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-64 - Master Fire Alarm Box Charges › Section 45-64-2. - Adoption of implementing provisions.

§ 45-64-2. Adoption of implementing provisions.
Each city and town and fire district may, by ordinance, define the person or persons, firm, corporation, partnership, individual, assignee, trustee, or other person upon whom a charge is assessed, and may adopt any other ordinances, rules, or regulations that may be necessary to carry out the provisions of this chapter, and may impose a penalty or penalties for any violation of the ordinance, rule or regulation.
History of Section.
P.L. 2011, ch. 231, § 1; P.L. 2011, ch. 256, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-64 - Master Fire Alarm Box Charges › Section 45-64-3. - Severability.

§ 45-64-3. Severability.
If any part, subdivision, or section of this chapter is declared unconstitutional, the validity of the remaining parts shall not be affected.
History of Section.
P.L. 2011, ch. 231, § 1; P.L. 2011, ch. 256, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-1. - Short title.

§ 45-65-1. Short title.
This chapter shall be known as and may be cited as the “Pathway to Retirement Security for Locally Administered Pension Funds Act.”
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-2. - Purpose.

§ 45-65-2. Purpose.
The purpose of this chapter is to provide retirement security to current and retired municipal employees by codifying standards to promote the sustainability and longevity of pension plans established and administered by municipalities.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-3. - Legislative findings.

§ 45-65-3. Legislative findings.
It is the intention of the general assembly to begin the process of ensuring the sustainability of locally administered pension plans and to advance and maintain the long-term stability of such plans. The general assembly finds and declares that:
(1)
Rhode Island law authorizes and empowers municipalities to administer their own municipal pension plans; currently, there are thirty-six (36) such plans administered by twenty-four (24) municipalities.
(2)
According to a report by the Office of the Auditor General entitled Pension and OPEB Plans Administered by Rhode Island Municipalities (September 2011): “Many municipal pension plans are severely underfunded which presents the risk that sufficient funds will not be available to meet promised benefits to retirees. It also undermines the overall fiscal health of the plan’s sponsor.”
(3)
It is in the best interests of individual employees, taxpayers, municipalities and the state itself to maintain viable and sustainable municipal public pension plans. These interests include:
Preserving a level of pension benefits that is, over the long term, reasonable for current and retired municipal employees and affordable for taxpayers;
Avoiding significant and unanticipated retirement benefit reductions, which could cause an increase in poverty among retired municipal employees and a resulting strain on state social services;
Maintaining investments in infrastructure and education on the state and local levels in lieu of diverting critical resources to satisfy pension obligations;
Preventing the financial downgrade of municipalities by rating agencies as a result of unfunded pension obligations, which would make it more difficult to access the capital markets and increase the costs of borrowing;
Encouraging rating agencies, in recognition of the state’s proactive approach toward financial discipline, to take positive credit actions on Rhode Island municipal bonds; and
Creating a more stable and well-managed environment in Rhode Island to attract new businesses and maintain and expand existing businesses, which will diminish the uncertainty and fiscal instability that accompany uncontrolled pension obligations.
(4)
The first step in ensuring the viability and sustainability of local pension plans is to get an accurate analysis of the current condition and fiscal health of the individual plans.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-4. - Definitions.

§ 45-65-4. Definitions.
As used in this chapter the following terms shall have the following meanings:
(1)
“Actuarial experience study” means a report provided by an actuary that includes a recent discussion of plan experience, recommendations for actuarial assumptions and methods, and information about the actuarial impact of these recommendations on the liabilities and other key actuarial measures.
(2)
“Annual actuarial valuation study” means a valuation of a locally administered plan completed by an actuary, and a certification based on that valuation indicating whether such plan is or is not in critical status, on an annual basis.
(3)
“Critical status” means that, as determined by its actuary, as of the beginning of the plan year, a plan’s funded percentage for such plan year is less than sixty percent (60%).
(4)
“Locally administered plan” or “plan” means any defined benefit pension plan established by a municipality for its employees, other than: (a) A plan that is part of the Employees’ Retirement System of Rhode Island as defined in chapter 8 of title 36 or the Municipal Employees’ Retirement System of Rhode Island as defined in chapter 21 of this title; or (b) A plan established by a municipality that has filed for bankruptcy protection pursuant to chapter 9 of title 11 of the United States Code, a plan established by a municipality for which a receiver has been appointed pursuant to chapter 9 of this title or a plan established by a municipality for which a fiscal overseer has been appointed pursuant to chapter 9 of this title.
(5)
“Municipality” means any town or city in the State of Rhode Island, any city or town housing authority, fire, water, sewer district, regional school district or public building authority as established by chapter 14 of title 37.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-5. - Actuarial valuation methodology.

§ 45-65-5. Actuarial valuation methodology.
Actuarial methods used by the actuary in preparing an actuarial experience study or annual actuarial valuation shall be in compliance with accepted actuarial standards and applicable public pension accounting laws, rules and regulations. The actuary shall not, year to year, change actuarial methods for the sole purpose of achieving a more favorable funding or fiscal result. Any actuarial study shall be made by the actuary in good faith and in accordance with accepted actuarial standards.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-6. - Certification and notice requirements.

§ 45-65-6. Certification and notice requirements.
(1)
Every municipality that maintains a locally administered plan shall submit its initial annual actuarial valuation study to the study commission created herein under § 45-64-8 on or before April 1, 2012, and for each plan year ending on or after December 31, 2012, within six (6) months of completing such plan year. The initial actuarial experience study shall be submitted to the study commission on or before April 1, 2012, and subsequent actuarial experience studies must be submitted to the study commission no less frequently than once every three (3) years.
(2)
In any case in which an actuary certifies that a locally administered plan is in critical status for a plan year, the municipality administering such a plan shall, not later than thirty (30) business days following the certification, provide notification of the critical status to the participants and beneficiaries of the plan and to the general assembly, the governor, the general treasurer, the director of revenue, and the auditor general. The notification shall also be posted electronically on the general treasurer’s website. Within one hundred eighty (180) days of sending the critical status notice, the municipality shall submit to the study commission a reasonable alternative funding improvement plan to emerge from critical status.
(3)
The state shall reimburse every municipality for fifty percent (50%) of the cost of undertaking its annual actuarial valuation study, which is due on April 1, 2012.
(4)
Notwithstanding any other law to the contrary, the funding improvement plans and actuarial valuation studies submitted pursuant to this section shall be public records.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22; P.L. 2012, ch. 241, art. 16, § 3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-7. - Failure to comply.

§ 45-65-7. Failure to comply.
(1)
With respect to any municipality that fails to comply with the requirements of this chapter within the prescribed time, the general treasurer is authorized to withhold moneys due to the municipality from the state for any purpose other than education, including, but not limited to, municipal aid and other aid provided under §§ 45-13-5.1, 45-13-12, 44-34.1-2, 44-13-13, 44-18-18.1, 44-18-36.1(b) and 42-63.1-3.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-8. - Study commission.

§ 45-65-8. Study commission.
A study commission for locally administered plans shall be established to review existing legislation and pension plan administrative practices and to make recommendations for the improved security and funding of locally administered plans and other post-retirement benefit obligations of cities and towns. The commission shall consist of fourteen (14) members: the director of the department of revenue, or his or her designee; who shall be the chair, the auditor general, one member each representing the department of administration, the general treasurer, the League of Cities and Towns and the Rhode Island Public Expenditures Council, and three (3) members appointed by the governor representing municipal police, fire and non-public safety employees. In addition, the Speaker of the House and President of the State Senate shall each appoint one member to the commission and then shall jointly select and appoint one elected mayor from a city or town with a population greater than 50,000, one elected mayor from a city or town with a population less than 50,000 and one appointed town administrator.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-9. - Severability — Indispensable party.

§ 45-65-9. Severability — Indispensable party.
The holding of any section or sections or parts hereof to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof. The state shall be an indispensable party in any action contesting the validity of this chapter.
History of Section.
P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.