reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.7 - Reporting

Current through June 14, 2024
A. Monitoring Agents will report the
				  following information no less than annually to the Housing Resources
				  Commission:
1. The total number of
				  homeownership units in the Monitoring Agent's portfolio, by municipality as of
				  the end of the reporting period;
2.
				  The total number of rental units, other than Accessory Dwelling Units ("ADU")'s
				  in the Monitoring Agent's portfolio, by municipality as of the end of the
				  reporting period;
3. The total
				  number of ADUs in the Monitoring Agent's portfolio, by municipality as of the
				  end of the reporting period;
4. The
				  total number of resales on homeownership units transacted, by municipality,
				  during the reporting period;
5. The
				  total number, along with corresponding addresses and terms of affordability, of
				  newly developed homeownership units added to the Monitoring Agent's portfolio
				  during the reporting period;
6. The
				  total number, along with corresponding addresses and terms of affordability, of
				  newly developed rental units added to the Monitoring Agent's portfolio during
				  the reporting period;
7. The total
				  number, along with corresponding addresses and terms of affordability, of newly
				  developed ADUs added to the Monitoring Agent's portfolio during the reporting
				  period;
8. The number of units that
				  are currently not in compliance with their Affordable Housing Restriction, by
				  municipality, along with a narrative explanation of corrective actions taken by
				  the Monitoring Agent to date to resolve the noncompliance.
9. Units that currently are, or were during
				  the reporting period, in imminent danger of foreclosure, by municipality, along
				  with a narrative explanation of corrective actions taken by the Monitoring
				  Agent to date to resolve the noncompliance;
10. Fees collected by the Monitoring Agent
				  during the immediately preceding reporting period;
11. Updates regarding compliance of projects
				  within the Monitoring Agent's portfolio regarding compliance with the
				  applicable Affordable Housing Restriction;
12. Any other data requested by the
				  HRC.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.8 - Operating guidelines

Current through June 14, 2024
A. The HRC will
				  establish operating guidelines for approved qualified Monitoring Agents, which
				  may include standardized procedures, forms and fees, among other
				  guidelines.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.9 - Liberal Construction

Current through June 14, 2024
A. The terms and
				  provisions of this Part shall be liberally construed to permit the HRC to
				  effectuate the purposes of state law, goals, and policies.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.10 - Severability

Current through June 14, 2024
A. If a court of competent jurisdiction
				  invalidates any provision of these rules and regulations, the remaining rules
				  and regulations will not be affected. The invalidity of any section or
				  sections, or parts of any section or sections, shall not affect the validity of
				  the remainder of these rules and regulations.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.1 - Purpose

Current through June 14, 2024
These rules and regulations (the "Rules") are promulgated to set forth the principles, policies, and practices of the I-195 Redevelopment District Commission in providing financing pursuant to R.I. Gen. Laws Chapter 42-64.24, the I-195 Redevelopment Project Fund Act (the "Act").
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.2 - Authority

Current through June 14, 2024
A. These Rules are promulgated pursuant to R.I. Gen. Laws Chapter 42-64.24.
B. These Rules have been prepared in accordance with the requirements of the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.3 - Scope

Current through June 14, 2024
These Rules shall apply to the provision of financing from the I-195 Redevelopment Project Fund. Notwithstanding anything contained in these Rules to the contrary, the I-195 Redevelopment District Commission shall have and may exercise all general powers set forth in the Act that are necessary or convenient to effect its purposes, and these Rules shall be liberally construed so as to permit the I-195 Redevelopment District Commission to effectuate the purposes of the Act, the public interest, and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.4 - Severability

Current through June 14, 2024
If any provision of these Rules, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules shall not be affected thereby.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.6 - Funding Guidelines

Current through June 14, 2024
A. In the case of Applicants seeking I-195 Fund Financing for:
1. Capital Investment requirements for anchor institutions (as owners or building project tenants) or other catalytic project components that can be instrumental in achieving some or all of the economic development and quality of life goals for the I-195 Land that are set forth in Section   2     of the selection criteria contained in the Developer's Toolkit; or
2. filling project financing gaps for real estate projects, an Applicant must demonstrate in its Request for Financing that its Project satisfies at least one of these purposes in order to be eligible for I-195 Fund Financing, in addition to the following conditions:
a. A Project seeking I-195 Fund Financing must be located on the I-195 Land;
b. I-195 Fund Financing may only be used to finance Capital Investment or other Project Costs; and
c. If applicable, the Applicant will, at the discretion of the Commission, commit to applying for a tax stabilization agreement with the City of Providence for the Project.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.7 - Application

Current through June 14, 2024
A. An Applicant seeking I-195 Fund Financing for a Project must submit to the Commission and to the Executive Office of Commerce an application as described in the Developer's Toolkit. This requirement applies even if no part of the Applicant's Project is located on land within the jurisdiction of the Commission.
B. Simultaneous with or after submission of an application as described in the Developer's Toolkit, an Applicant seeking I-195 Fund Financing must submit to the Commission and the Executive Office of Commerce a Request for Financing, in a form prescribed by the Commission. The Commission expects that the information submitted by an Applicant in a Request for Financing will meet the standards of a prudent equity investor or senior or junior creditor seeking such information.
C. The Request for Financing shall contain the following information, in addition to any other information the Commission deems appropriate or necessary:
1. the amount of I-195 Fund Financing requested, and the form (debt, equity, grant) in which the I-195 Fund Financing is sought;
2. a schedule for the disbursement of the I-195 Fund Financing;
3. a detailed description of the Project's financing including a sources and uses of funds;
4. a list all federal, state, and local incentives, grants, tax credits or other aid (including a tax stabilization agreement with the City of Providence) that will or may be received or requested for the project, and the status of the application for each;
5. a detailed line item breakdown of Project Cost;
6. a demonstration that the Project satisfies at least one of the two purposes set forth in §
											1.7(C)(6)     of this Part, as more fully described below:
a. for an Applicant proposing an anchor institution or other catalytic project component, the Applicant must provide:
(1) a demonstration that the Project can be instrumental in achieving some or all of the economic development and quality of life goals for the I-195 Land that are set forth in Section   2     of the selection criteria contained in the Developer's Toolkit and
(2) a statement of need demonstrating why I-195 Fund Financing in the amount sought is necessary to bring the Project to fruition; or
b. for an Applicant seeking to fill a Project Financing Gap, the Applicant must provide:
(1) a demonstration of the Project Financing Gap, which shall include, but is not limited to, the submission of Project pro forma, and
(2) a certification from the Applicant's chief executive officer or equivalent officer that a Project Financing Gap exists on the Project.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.8 - Fees

Current through June 14, 2024
A. An Applicant shall be charged a one-time, non-refundable application fee by the Commission. The Commission shall annually publish a fee schedule on its website.
B. An Applicant may be required to pay to the Commission the full amount of direct fees and costs paid to third-parties by the Commission in relation to the consideration and/or approval of the Applicant's Request for Financing.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.9 - Review Process

Current through June 14, 2024
A. Each Request for Financing shall be reviewed by the Commission and, because the Secretary of Commerce must concur in the provision of any I-195 Fund Financing, by the Executive Office of Commerce as well.
B. Each Request for Financing shall be reviewed to confirm compliance with the Act and these Rules, and the Commission may reject any incomplete or deficient Request for Financing.
C. The Commission may require the submission of additional information in connection with any Request for Financing or the revision of a Request for Financing, and may permit the resubmission of a Request for Financing rejected as being incomplete or deficient.
D. Prior to approving financing for a Project that claims a Project Financing Gap, the Commission shall review the Request for Financing to determine if a Project Financing Gap exists. This review shall include testing the validity of the Applicant's financial information and assumptions through the use of financial models and, to the extent deemed necessary or desirable by the Commission, seeking input from third-party consultants.
E. The Commission may from time to time set deadlines for Requests for Financing. Such deadlines will be published on the Commission's web site.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.10 - Discretion and Judicial Review

Current through June 14, 2024
A. Neither the Commission nor the Secretary of Commerce shall have any obligation to make any award or grant any benefits under the Act or these Rules.
B. A review of a Request for Financing shall not constitute a "contested case" under the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-9, and no opportunity to object to a Request for Financing shall be afforded, nor shall judicial review be available from a decision rendered in connection with any Request for Financing.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.11 - Commission Approval

Current through June 14, 2024
A. No I-195 Fund Financing may be provided without approval of the Commission.
B. In considering whether to provide I-195 Fund Financing to a Project, the Commission may take into account, in consideration with other factors deemed relevant by the Commission:
1. the evaluation of the Applicant's pro forma and other financial information, including, but not limited, to the availability of third-party equity or debt capital commitments and the status of development cost estimates provided by contractors and service providers;
2. the Project's catalytic impact on development on or near the I-195 Land, including impact on private investment, employment, and state and local revenues, and other criteria set forth in Section   2     of the selection criteria contained in the Developer's Toolkit;
3. the Project's relationship to other existing or anticipated Projects located on or near the I-195 Land;
4. whether the Project furthers the purposes of R.I. Gen. Laws Chapter 42-64.14;
5. the risks of providing financing to the Project and any measures that mitigate such risks; and
6. whether there exists an opportunity for the State of Rhode Island or the Commission to recoup or receive a return on all or portion of I-195 Fund Financing provided to an Applicant.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.12 - Financing Agreement

Current through June 14, 2024
A. Upon approval of I-195 Fund Financing for an Applicant by the Commission, the Commission and the Applicant will enter into a Financing Agreement prior to the issuance of any I-195 Fund Financing to the Applicant.
B. In order to safeguard the expenditure of public funds and ensure that the disbursement of funds furthers the objectives of the Act, the Financing Agreement shall include, among others, the following terms:
1. the maximum amount of I-195 Fund Financing awarded;
2. a schedule for the disbursement of the I-195 Fund Financing;
3. a provision delineating the permissible uses of the I-195 Fund Financing provided;
4. reasonable evidence that the Applicant is in good standing with the Division of Taxation at the time of execution of the Financing Agreement, meaning that the:
a. the taxpayer is current on all outstanding filings and declared tax liabilities subject to audit;
b. the taxpayer and the Division of Taxation have a workout payment agreement or other settlement with respect to any known delinquent tax liability and the taxpayer is current on that workout payment agreement or settlement; or
c. the taxpayer has timely commenced or is engaged in an administrative or judicial proceeding concerning a tax liability the status of which would otherwise preclude the issuance of a letter of good standing from the Division of Taxation;
5. events of default and remedies including events, if any, that would trigger forfeiture, revocation and/or repayment of the I-195 Fund Financing provided;
6. indemnification, insurance and other customary protective requirements;
7. reporting requirements including, but not limited to, any requirements under the Act;
8. the imposition of such restrictions or covenants upon the Project as may be necessary to ensure continued compliance with the Act, the Rules, and any terms and conditions on the provision of I-195 Fund Financing that the Commission deems appropriate;
9. at the Commission's discretion, a provision requiring the Applicant to pay the Commission's reasonable attorneys' fees incurred in connection with the negotiation, execution and enforcement of the Financing Agreement; and
10. any other provisions the Commission deems appropriate.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.13 - Administration and Examination of Records

Current through June 14, 2024
The Commission may examine any books, papers, records or memoranda bearing upon the approval of any financing awarded under the Act, and may require the attendance of any person executing any application, report or other statement, or the attendance of any other person, and may examine such person under oath respecting any matter which the Commission deems pertinent or material in determining eligibility for financing sought under the Act.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.14 - Inspection Rights

Current through June 14, 2024
The Commission shall have the right to make an inspection and to enter upon any property that is the subject of a Request for Financing during the application process or term of any Financing Agreement to verify compliance with the Act, these Rules and such other conditions imposed in the Financing Agreement or by the Commission.
Rhode Island Code of Regulations › Title 865 - I-195 Commission › Chapter 10 - Administrative › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the I-195 Redevelopment Project Fund (865-RICR-10-00-1) › Section 865-RICR-10-00-1.15 - Land Acquisition, Public Infrastructure, and Public Facilities

Current through June 14, 2024
The provision of financing from the 195 Fund for any uses other than those set forth in R.I. Gen. Laws §§
										42-64.24-4(b)(1) and (2), including for the financing of land acquisition in areas adjacent to and proximate to the I-195 Land, including street rights of way and abandonment costs, or financing public infrastructure and public facilities to support or enhance development including, but not limited to, transportation, parks, greenways, performance venues, meeting facilities, community facilities, and public safety precincts, shall be done in accordance with the terms of the Act.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.1 - Purpose

Current through June 14, 2024
The State of Rhode Island and Providence Plantations, in an
								effort to create new high wage job opportunities in Rhode Island, to create new
								or renovated office, research and manufacturing space capacity in Rhode Island,
								to promote a vigorous and growing economy, to prevent economic stagnation, to
								encourage the creation of new job opportunities, to reduce the level of public
								assistance, and to increase revenues to the State and its municipalities, has
								developed an expedited permit review process, as set forth in R.I. Gen. Laws
								§
										42-117-1 et seq., for projects of critical economic concern. The purpose of these rules
								and regulations is to implement the requirements of R.I. Gen. Laws Chapter
								42-117 to provide a mechanism for business and industry to secure any necessary
								licenses or permits in an expeditious manner without waiving the lawful
								conditions of said licenses or permits.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.2 - Legal Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
								requirements and provisions of the Expedited Permit Process Act, R.I. Gen. Laws
								§
										42-117-1 et seq., and the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et
								seq.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.4 - Request for Authorization for Expedited Permit Review

Current through June 14, 2024
A. All requests for an Authorization shall be
							submitted to the Corporation, on application forms that may be obtained from
							the Corporation. Requests shall describe how the proposed Project will enhance,
							promote and encourage business, commerce and industry, stimulate jobs and
							relieve underemployment and unemployment in Rhode Island.
B. Each request for an Authorization shall be
							accompanied by
1. a completed application for
							a state agency permit;
2. a
							certification from such person applying for an Authorization and/or its
							tenant(s) reflecting the employment or development requirements set forth in
							these Regulations and evidence reasonably satisfactory to the Corporation that
							such requirements are reasonably anticipated to be achieved by the Project;
							and
3. plans reflecting the
							Project's conformance with §
											1.3(A)(7)     of
							this Part.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.5 - Procedure for Review

Current through June 14, 2024
A. The Board shall
							review the request for an Authorization at a regularly scheduled meeting,
							provided a completed application is received at least two weeks prior to a
							meeting, enabling the Expedited Permit Process Review Committee to review it
							and prepare a recommendation to the Board. The Expedited Permit Process Review
							Committee shall consist of:
1. A Deputy
							Director of the Rhode Island Commerce Corporation
2. A designated Rhode Island Commerce
							Corporation Project Manager
3.
							Rhode Island Commerce Corporation Corporate Counsel
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.6 - No Right to Review

Current through June 14, 2024
A review for an Authorization shall not constitute a
								"contested case" under the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-9.
								No opportunity to object to a request shall be afforded, nor shall judicial
								review be available from a decision rendered by the Board.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.7 - Reconsideration of Board Decision

Current through June 14, 2024
A. Any affected
							person may request in writing reconsideration of the Board's decision. Requests
							for reconsideration will be granted only where it can be demonstrated that
							there have been:
1. significant changes in the
							proposed project's ability to meet the criteria as set forth in §
											1.3(A)(7)     of
							this Part, or
2. significant
							changes in factors or circumstances relied upon by the Board in reaching its
							decision.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.8 - Validity of Authorization

Current through June 14, 2024
An Authorization shall be valid as to each and every state
								agency by which the Project must be licensed or permitted until the Project
								reaches its Operation stage, or two (2) years from the date of issuance, unless
								extended for an additional period of up two (2) years at the discretion of the
								Corporation's Executive Director. Upon written request to the Executive
								Director, the Corporation may, at its discretion, reissue a valid Authorization
								to a successor in interest, upon an affirmative finding by the Executive
								Director that the project continues to meet the criteria for
								authorization.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.9 - Rescission of Authorization

Current through June 14, 2024
A. The Corporation
							may, by majority vote of the Board, revoke any Authorization upon finding that:
1. The Project has been significantly altered
							in size, scope or impact since the Corporation's issuance of the Authorization;
							or
2. A state agency permit
							application has not been filed within three (3) months of the date of the
							Authorization's issuance.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.10 - Action by State Agency

Current through June 14, 2024
An Authorization may be filed with each and every state
								agency with licensing or permitting authority over a Project. The state agency
								shall give priority to the Project in the handling and processing of the
								application in accordance with R.I. Gen. Laws §
										42-117-6 so that within three (3) months of submission of a substantially complete
								application, the state agency must render a written report on the status of the
								application. The report shall contain information, which will enable the person
								to make a sound business decision as to whether to proceed with the
								application. The report shall be delivered to the applicant and the
								Corporation. If the applicant is not granted, then the state agency shall on
								the fourth, fifth, and sixth months of the anniversary of the submission render
								a written report on the status of the application. If at the end of the sixth
								month, a decision has not been rendered on the application, then, in addition
								to the applicant and the Corporation, a copy of the written report shall be
								delivered by the agency monthly thereafter to the Governor until a decision to
								accept or reject the application has been made.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.11 - Liberal Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
								shall be liberally construed to allow the Board and Corporation to effectuate
								the purposes of state laws, goals, and policies.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.12 - Performance

Current through June 14, 2024
An entity which has been granted a Certificate of Critical
								Economic Concern shall provide a report to the Rhode Island Commerce
								Corporation certifying that it has met the job projections, tax generation, and
								other provisions stated in the application which justified the approval of the
								Certificate, in accordance with the timeframe specified in the application.
								This report shall be made at the time of completion of the project, or, for
								phased projects, at the completion of each phase.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.13 - Penalties

Current through June 14, 2024
An entity failing to meet the jobs projections, tax
								generation, and other provisions state in the application that justified the
								approval of the Certificate shall be subject to a revocation of the Certificate
								and any other penalties permitted by law.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Expedited Permit Process (870-RICR-10-00-1) › Section 870-RICR-10-00-1.14 - Severability

Current through June 14, 2024
If a court of competent jurisdiction invalidates any
								provision of these rules and regulations, or their application to any local
								government unit or circumstance, the remaining rules and regulations will not
								be affected. The invalidity of any selection or sections, or parts of any
								section or sections, shall not affect the validity of the remainder of these
								rules and regulations.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 2 - Conduct of Public Hearings › Section 870-RICR-10-00-2.1 - Purpose

Current through June 14, 2024
To establish a defined set of procedures for the Rhode
					 Island Commerce Corporation for the conduct of Public
					 Hearings.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 2 - Conduct of Public Hearings › Section 870-RICR-10-00-2.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-2(a)(4).
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 2 - Conduct of Public Hearings › Section 870-RICR-10-00-2.3 - Definitions

Current through June 14, 2024
A. For the Purpose of this regulation:
1. "Corporation" means Rhode Island Commerce
				 Corporation
2. "Person" means any
				 individual, firm, business, corporation, association, partnership or other
				 group.
3. "Presiding official"
				 means the agent of the Corporation conducting the Public Hearing.
4. "Public hearing" means the convening of
				 persons and Corporation personnel for the purpose of obtaining public comment
				 on a matter inclusive of Proposed Rulemaking.
5. "Proposed rulemaking" means a proposed new
				 rule, proposed amendment to a rule or proposed repeal of a rule as noticed
				 pursuant to R.I. Gen. Laws §
											42-35-2.7.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 2 - Conduct of Public Hearings › Section 870-RICR-10-00-2.4 - Procedure for Conduct of Public Hearings

Current through June 14, 2024
A.
				 Convening of Public Hearing
1. Public Hearings
				 may be held at the election of the Corporation or as required by applicable
				 law.
2. Notice of Public Hearings
				 shall be issued in accordance with applicable law.
3. The Public Hearing shall be held at a time
				 and place designated by the Corporation.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 3 - Declaratory Order Petitions › Section 870-RICR-10-00-3.1 - Purpose

Current through June 14, 2024
This regulation states the requirements for submitting a
					 request for Declaratory Order under R.I. Gen. Laws §
										42-35-8(b), and the
					 procedure for its consideration and prompt disposition.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 3 - Declaratory Order Petitions › Section 870-RICR-10-00-3.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-8.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 3 - Declaratory Order Petitions › Section 870-RICR-10-00-3.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				 this regulation:
1. "Declaratory order" means
				 an order issued by the Corporation that:
a.
				 Interprets or applies a statute administered by the Corporation;
b. Clarifies whether a rule, guidance
				 document, or order issued by the Corporation applies to a Petitioner;
				 or
c.  Clarifies how a rule,
				 guidance document, or order issued by the Corporation applies to a
				 Petitioner.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 3 - Declaratory Order Petitions › Section 870-RICR-10-00-3.4 - Request for Declaratory Order: Form and Submission

Current through June 14, 2024
A. A request for Declaratory Order must be in
				 writing and include the following information:
1. The name and address of the
				 Petitioner;
2. A plain statement
				 identifying the statute, rule, guidance document, or order at issue;
3. A detailed statement of all facts relied
				 upon by the Petitioner;
4. A copy
				 of any and all documents relied upon by Petitioner; and
5. A plain statement requesting a Declaratory
				 Order, and further indicating whether Petitioner seeks:
a. An interpretation or application of a
				 statute administered by the Corporation;
b. Clarification as to whether a rule,
				 guidance document, or order issued by the Corporation applies to Petitioner;
				 and/or
c. Clarification as to how a
				 rule, guidance document, or order issued by the Corporation applies to
				 Petitioner.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 3 - Declaratory Order Petitions › Section 870-RICR-10-00-3.5 - Consideration and Disposition of Request for Declaratory Order

Current through June 14, 2024
A. The Corporation shall promptly consider
				 and respond to the request for Declaratory Order as provided in R.I. Gen. Laws
				 §
										42-35-8(c).
1. Issue a declaratory
				 order in response to the Petition. If the Corporation issues a Declaratory
				 Order, the Corporation shall include the names of all parties to the
				 proceeding, the facts on which it is based, and the reasons for the
				 Corporation's conclusion in the order. The Corporation may redact confidential
				 information in the order;
2.
				 Decline to issue a declaratory order. If the Corporation declines to issue a
				 Declaratory Order, the Corporation shall promptly notify the Petitioner in
				 writing of the decision and include a brief statement of the reasons for
				 declining; or
3. Schedule the
				 matter for further consideration. Should the Corporation schedule the matter
				 for further consideration, the Corporation shall notify Petitioner in writing
				 of the anticipated date on which the Corporation will grant or deny the request
				 for Declaratory Order.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules › Section 870-RICR-10-00-4.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to prescribe the form of
					 a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws §
										42-35-6 and the procedure for its submission, consideration, and
					 disposition.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules › Section 870-RICR-10-00-4.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-6.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules › Section 870-RICR-10-00-4.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				 this regulation:
1. "Corporation" means Rhode
				 Island Commerce Corporation.
2.
				 "Petition" means a request for the Promulgation of a Rule.
3. "Petitioner" means a person requesting the
				 promulgation of a rule.
4.
				 "Promulgate," with respect to a Rule, means the process of writing a new Rule,
				 or amending or repealing an existing Rule.
5. "Rule" means the whole or a part of an
				 agency statement of general applicability that implements, interprets, or
				 prescribes law or policy or the organization, procedure, or practice
				 requirements of an agency and has the force of law. The term includes the
				 amendment or repeal of an existing rule. The term is used interchangeably with
				 the term "regulation." The term does not include the exceptions listed in R.I.
				 Gen. Laws §
											42-35-1(19)(i)-(vi).
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules › Section 870-RICR-10-00-4.4 - Request for the Promulgation of a Rule

Current through June 14, 2024
A. A
				 request to Promulgate a Rule must be in writing and include the following
				 information:
1. The name and address of the
				 Petitioner;
2. A plain statement
				 identifying the rule or proposed new Rule at issue;
3. A detailed statement of all facts relied
				 upon by the Petitioner;
4. A plain
				 statement requesting the Promulgation of a Rule, and further indicating whether
				 Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.
a. In the case of a request for the repeal of
				 an existing Rule, the Petitioner shall identify the Rule by title and/or RICR
				 citation.
b. In the case of a
				 request for an amendment to an existing Rule, the Petitioner must identify with
				 specificity any proposed additions, deletions, or other amendments. New
				 proposed language must be clearly marked using underline formatting for
				 proposed insertions, and strikethrough formatting for proposed
				 deletions.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 10 - General › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules › Section 870-RICR-10-00-4.5 - Consideration and Disposition of Request for the Promulgation of a Rule

Current through June 14, 2024
A. The Corporation shall promptly consider
				 and respond to the request for the Promulgation of a Rule as provided in R.I.
				 Gen. Laws §
										42-35-6. Not later than thirty (30) days after the receipt of
				 the Petition by the Corporation, the Corporation shall either initiate
				 rulemaking; or deny the Petition and state its reason for the denial.
B. The Corporation may, at its discretion and
				 within the thirty (30) day period prescribed by statute:
1. Hold a hearing for further consideration
				 and discussion on the Petition; or
2. Request further information or documents
				 from the Petitioner necessary for the full evaluation of his or her
				 Petition.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 20 - Loans and Grants › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Renewable Energy Development Fund Programs › Section 870-RICR-20-00-1.1 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated and adopted
								pursuant to the requirements and provisions of R.I. Gen. Laws §§
										42-64-13.2;
								 39-2-1.2;
								and R.I. Gen. Laws Chapter 39-26.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 20 - Loans and Grants › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Renewable Energy Development Fund Programs › Section 870-RICR-20-00-1.2 - Purpose, Scope and Applicability

Current through June 14, 2024
A. The purpose and
							scope of the Renewable Energy Development Fund as set forth in R.I. Gen. Laws
							Chapter 42-64 are as follows:
1. To develop an
							integrated organizational structure to secure for the State of Rhode Island and
							its people the full benefits of cost-effective renewable energy development
							from diverse sources.
2. The Rhode
							Island Commerce Corporation ("RICC") shall, in the furtherance of its
							responsibilities to promote and encourage economic development, establish and
							administer a Renewable Energy Development Fund as provided for in R.I. Gen.
							Laws §
											39-26-7,
							may exercise the powers set forth in that chapter, as necessary or convenient
							to accomplish this purpose, and shall provide such administrative support as
							may be needed for the coordinated administration of the renewable energy
							standard as provided for in R.I. Gen. Laws Chapter 39-26 and the renewable
							energy program established by R.I. Gen. Laws §
											39-2-1.2.
3. The Corporation seeks to fulfill its legal
							obligations by providing and administering programs in seven (7) areas as part
							of the renewable energy fund:
a. Small-scale
							Solar
b.  Commercial
							Scale
c. Community
							Renewables
d. Pre-development
							Feasibility Studies
e. Early Stage
							Commercialization
f. Workforce
							Development
g. Brownfields
							Solar
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 20 - Loans and Grants › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Renewable Energy Development Fund Programs › Section 870-RICR-20-00-1.4 - Funding

Current through June 14, 2024
A. All Funds will be awarded and disbursed
							through solicitations except for workforce development, issued by the
							Corporation in the Program areas under §
										1.2     of this Part above. Workforce
							development funds will be awarded and disbursed through reimbursement funding
							after the completion period. Approximate release dates for each solicitation
							will be available on the Corporation's website at the start of each calendar
							year. All dates are subject to change depending on availability of funds and
							demand for each program. Each solicitation will specify the specific incentive
							level, detailed instructions on how to apply, program requirements, and the
							deadlines to apply.
B. In each
							calendar year, a maximum funding level cap of the REF's income will be
							available to eligible projects in each Program area. The Corporation, at its
							discretion, may choose to contribute more money to a particular program based
							on demand for a particular program, available funds, or other factors. The
							maximum funding level cap for the REF can be found on the RICC website under
							the REF section.
C. If the maximum
							funding level cap for all programs is not awarded during the calendar year,
							funds will roll over into the following calendar year.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 20 - Loans and Grants › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Renewable Energy Development Fund Programs › Section 870-RICR-20-00-1.5 - General Requirements

Current through June 14, 2024
A. Entities eligible
							to apply for REF programs shall submit a complete REF application. Applications
							shall be found on the Corporations website. Information for those programs that
							are established and implemented in partnership with the OER or other state
							agencies shall be found on the websites of the agencies involved.
B. Applications for programs listed under
							§
										1.2     of this Part will only be accepted during open solicitation periods.
							Solicitations and schedules for future solicitations can be found on the
							Corporation's website.
C.
							Incomplete applications will be returned to the applicant and will not be
							considered for approval until the Corporation receives a complete
							version.
D. All applicants seeking
							funding through the REF for renewable energy projects must install projects in
							Rhode Island and generate electricity for use in Rhode Island. Companies must
							also be registered to do business in Rhode Island to be eligible.
E. All applications must be for new projects.
							No projects underway or complete at the time of applying shall be eligible for
							funding unless approved otherwise. "Addon systems" to an existing
							interconnected project which received REF funding since January 2013 on the
							same meter will not be allowed.
F.
							Projects participating in the National Grid Renewable Energy Growth Program
							will not be eligible for the REF programs.
G. REF funding may be combined with Regional
							Greenhouse Gas Initiative (RGGI) funding programs and/or renewable energy
							funding programs administered by the Federal Government.
H. Award Process (excluding workforce
							development)
1. The Corporation board of
							directors may approve projects. The board may also delegate approval to the
							Corporation staff to the greatest extent permissible by law.
2. Award letters shall be sent to applicants
							after approval.
3. Contracts in a
							form acceptable to the Corporation shall be executed between the Corporation
							and the Applicant
4. Work may begin
							on Projects after the contract has been executed
5. All grants for construction projects will
							be paid in full after successful completion and inspection of the
							Project.
6. All loan disbursements
							will be made in manner that is mutually acceptable to the Corporation and the
							borrower as agreed to in the loan agreement.
7. The Corporation in its sole discretion may
							cancel an award if mutually agreeable terms cannot be met.
Rhode Island Code of Regulations › Title 870 - Rhode Island Commerce Corporation › Chapter 20 - Loans and Grants › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Renewable Energy Development Fund Programs › Section 870-RICR-20-00-1.6 - Small-Scale Solar

Current through June 14, 2024
A. Solicitations for
							funding:
1. Solicitations shall include all
							project requirements which are subject to change between funding
							periods.
2. Solicitations shall
							include all deadlines for application submission.
3. Funding will be issued in the form of
							grants