37-1-1. Acceptance by director of administration — Report to general assembly.

Whenever any grant, devise, bequest, donation, gift, or assignment of money, bonds, or choses in action, or any property, real or personal, shall be made to this state, the director of administration is hereby authorized, if he or she shall deem it for the best interests of the state, to receive and accept the same so that the right and title to the same shall pass to this state; and those bonds, notes, or choses in action, or the proceeds thereof, and all other property, or thing of value, so received by the state, shall be reported by the governor to the general assembly.

History of Section. P.L. 1909, ch. 448, § 1; P.L. 1910, ch. 527, § 1; G.L. 1923, ch. 20, § 7; G.L. 1938, ch. 6, § 7; G.L. 1956, § 37-1-1 ; P.L. 1989, ch. 126, art. 22, § 1.

37-2-1. Purchasing agent — Appointment — Duties.

Within the department of administration there shall be a purchasing agent who shall be appointed by the chief purchasing officer with the approval of the governor, and who shall now and hereafter be in the classified service of the state. The purchasing agent shall exercise the powers and duties as set forth in this chapter.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-2. General provisions.

1. This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
2. The underlying purposes and policies of this chapter are to:
   1. Simplify, clarify, and modernize the law governing purchasing by the state of Rhode Island and its local public agencies;
   2. Permit the continued development of purchasing policies and practices;
   3. Make as consistent as possible the purchasing laws among the various states;
   4. Provide for increased public confidence in the procedures followed in public procurement;
   5. Insure the fair and equitable treatment of all persons who deal with the procurement system of the state;
   6. Provide increased economy in state and public agency procurement activities by fostering effective competition;
   7. Provide safeguards for the maintenance of a procurement system of quality, integrity and highest ethical standards; and
   8. Ensure that a public agency, acting through its existing internal purchasing function, adheres to the general principles, policies and practices enumerated herein.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-3. Supplemental general principles of law — Obligation of good faith.

1. Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code, Title 6A, the law merchant, and the law of contracts, including, but not limited to, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy, shall supplement these provisions.
2. Every contract or duty under this chapter shall impose upon both parts the obligation of good faith in its performance and/or enforcement. “Good faith” shall mean honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-4. Applicability.

This chapter shall apply to every expenditure of public funds by any state governmental entity except as otherwise provided by law, by this state, or a public agency under any contract or like business agreement, excepting only those contracts or like business agreements where the state purchases goods or services from its political subdivisions or other governmental entities. It shall also apply to the disposal of state supplies. Nothing in this chapter or in the regulations promulgated hereunder shall prevent any state governmental entity from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement except where such terms and conditions may conflict with requirements of law, including, but not limited to, the provisions of this chapter regarding competitive procurement.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-5. Severability — Construction against implicit repealer.

1. If any provision of this chapter or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are declared to be severable.
2. Since this chapter is a general act intended to provide model coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-6. Determinations.

Every determination required by this chapter shall be in writing and based upon written findings of fact by the public official making the determination. These determinations and written findings shall be retained in an official contract file in the office of the chief purchasing office, the using agency, or public agency administering the contract.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-7. Definitions.

The words defined in this section have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections, or provision:

1. “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.
2. “Change order” means a written authorization signed by the purchasing agent directing or allowing the contractor to proceed with changes, alterations, or modifications to the terms, conditions, or scope of work on a previously awarded contract.
3. “Chief purchasing officer” shall mean: (i) For a state agency, the director of the department of administration, and (ii) For a public agency, the executive director or the chief operational officer of the agency.
4. “Construction” means the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the state of Rhode Island in the usual course of their jobs.
5. “Contract” means all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; purchase orders; and construction management contracts. It also includes supplemental agreements with respect to any of the foregoing. “Contract” does not include labor contracts with employees of state agencies.
6. “Contract amendment” means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It includes bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.
7. “Contractor” means any person having a contract with a governmental body.
8. “Data” means recorded information, regardless of form or characteristic.
9. “Designee” means a duly authorized representative of a person holding a superior position.
10. “Employee” means an individual drawing a salary from a state governmental entity.
11. “State governmental entity” means any entity created as a legislative body or a public or state agency by the general assembly or constitution of this state, except for municipal, regional, or county governmental entities.
12. “May” means permissive.
13. “Negotiation” means contracting by either the method set forth in § 37-2-19 , 37-2-20 , or 37-2-21 .
14. “Person” means any business, individual, organization, or group of individuals.
15. “Procurement” means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction item, including a description of requirements, selection and solicitation of sources, preparation, and award of contract, and all phases of contract administration.
16. “Public agency” shall mean the Rhode Island industrial recreational building authority, the Rhode Island commerce corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the Howard development corporation, the water resources board corporate, the Rhode Island health and education building corporation, the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water quality management district commission, the Rhode Island telecommunications authority, the convention center authority, the Channel 36 foundation, the Rhode Island lottery commission their successors and assigns, any other body corporate and politic which has been or will be created or established within this state excepting cities and towns, the university of Rhode Island board of trustees for all purchases that are funded by restricted, sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that are funded by restricted, sponsored, or auxiliary monies.
17. “Purchase request” or “purchase requisition” means that document whereby a using agency requests that a contract be entered into to obtain goods and/or services for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation of suggested sources of supply, and information supplied for the making of any written determination and finding required by § 37-2-6 .
18. “Purchasing agency” means any state governmental entity which is authorized by this chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to contract on its own behalf rather than through the central contracting authority of the chief purchasing officer.
19. “Purchasing agent” means any person authorized by a governmental entity in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect to contracts. The term also includes an authorized representative acting within the limits of authority. “Purchasing agent” also means the person appointed in accordance with § 37-2-1 .
20. “Services” means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports that are merely incidental to the required performance of services. “Services” does not include labor contracts with employees of state agencies.
21. “Shall” means imperative.
22. “State” means the state of Rhode Island and any of its departments or agencies and public agencies.
23. “Supplemental agreement” means any contract modification which is accomplished by the mutual action of the parties.
24. “Supplies” means all property, including, but not limited to, leases of real property, printing, and insurance, except land or permanent interest in land.
25. “Using agency” means any state governmental entity which utilizes any supplies, services, or construction purchased under this chapter.
26. As used in § 37-2-59 , “architect” or “engineer” services means those professional services within the scope of practice of architecture, professional engineering, or registered land surveying pertaining to construction, as defined by the laws of this state. “Consultant” means any person with whom the state and/or a public agency has a contract which contract provides for the person to give direction or information as regards a particular area of knowledge in which the person is a specialist and/or has expertise.
27. For purposes of §§ 37-2-62 — 37-2-70 , “directors” means those members of a public agency appointed pursuant to a statute who comprise the governing authority of the board, commission, authority, and/or corporation.
28. “State agency” means any department, commission, council, board, bureau, committee, institution, or other governmental entity of the executive or judicial branch of this state not otherwise established as a body corporate and politic, and includes, without limitation, the council on postsecondary education except for purchases which are funded by restricted, sponsored, or auxiliary moneys, the university of Rhode Island board of trustees except for all purchases which are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and secondary education.
29. “Governmental entity” means any department, commission, council, board, bureau, committee, institution, legislative body, agency, or government corporation of the executive, legislative, or judicial branches of state, federal, and/or local governments.
30. “Construction management at-risk” or “construction management at-risk services” or “construction management at-risk delivery method” is a construction method wherein a construction manager at-risk provides a range of preconstruction services and construction management services which may include cost estimation and consultation regarding the design of the building project, the preparation and coordination of bid packages, scheduling, cost control, and value engineering, acting as the general contractor during the construction, detailing the trade contractor scope of work, holding the trade contracts and other contracts, evaluating trade contractors and subcontractors, and providing management and construction services, all at a guaranteed maximum price, which shall represent the maximum amount to be paid by the using agency for the building project, including the cost of work, the general conditions, and the fee payable to the construction management at-risk firm.
31. “Construction manager at-risk” or “construction management at-risk firm” is a person or business experienced in construction that has the ability to evaluate and to implement drawings and specifications as they affect time, cost and quality of construction and the ability to coordinate and deliver the construction of the project within a guaranteed maximum price, which shall represent the maximum amount to be paid by the using agency for the building project, including the cost of the work, the general conditions, and the fee payable to the construction management at-risk firm. The construction manager at-risk provides consultation services during the preconstruction and construction phases of the project. The project engineer, architect, or owner’s program manager may not serve as the construction manager at-risk.
32. “Owner’s program manager” shall be an entity engaged to provide project management services on behalf of a state agency for the construction and supervision of the construction of a building project. The owner’s program manager acts as the owner’s agent in all aspects of the construction project, including, but not limited to, architectural programming, planning, design, construction, and the selection and procurement of an appropriate construction delivery method. The owner’s program manager shall have at least seven (7) years’ experience in the construction and supervision of construction of buildings of similar size and complexity. The owner’s program manager shall not have been employed during the preceding year by the design firm, the construction firm, and/or the subcontractors associated with the project.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1996, ch. 127, § 1; P.L. 1996, ch. 128, § 1; P.L. 1998, ch. 31, art. 1, § 16; P.L. 1999, ch. 31, art. 1, § 15; P.L. 1999, ch. 367, § 1; P.L. 2000, ch. 55, art. 1, § 15; P.L. 2000, ch. 180, § 1; P.L. 2001, ch. 77, art. 1, § 15; P.L. 2008, ch. 457, § 1; P.L. 2011, ch. 336, § 1; P.L. 2011, ch. 385, § 1; P.L. 2015, ch. 141, art. 7, § 15; P.L. 2019, ch. 88, art. 9, § 12; P.L. 2020, ch. 13, § 1; P.L. 2020, ch. 18, § 1.

37-2-8. Rhode Island foodstuffs.

When foodstuffs of good quality grown or produced in Rhode Island by Rhode Island farmers are available, the purchasing agent is directed to purchase those foodstuffs at the prevailing market prices when any of those foodstuffs are required by the state institutions.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-9. Authority and duties of the chief purchasing officer.

1. The chief purchasing officer shall have power and authority over, and may, except as otherwise expressly provided in this chapter, adopt regulations pursuant to § 42-35-2 and consistent with this chapter governing the purchasing, management, and control of any and all supplies, services, construction, and other items required to be purchased by the state. The chief purchasing officer shall consider and decide matters of policy with regard to state procurement. The chief purchasing officer shall have the power of review with respect to the implementation of regulations and policy determinations.
2. Regulations shall be adopted governing the following:
   1. Conditions and procedures for delegations of purchasing authority;
   2. Prequalification, suspension, debarment, and reinstatement of prospective bidders;
   3. Small purchase procedures;
   4. Conditions and procedures for the purchase of perishables and items for resale;
   5. Conditions and procedures for the use of source selection methods authorized by this chapter including emergency purchases;
   6. Opening and rejection of bids or offers, consideration of alternate bids, and waiver of informalities in offers;
   7. Confidentiality of technical data and trade secrets information submitted by actual or prospective bidders or offerors;
   8. Partial, progressive, and multiple awards;
   9. Supervision of storerooms and inventories, including determination of appropriate stock levels and the management, transfer, sale, or other disposal of state owned property;
   10. Definitions and classes of contractual services and procedures for acquiring them;
   11. To sell, trade, or otherwise dispose of surplus supplies and services for the state;
   12. To exercise general supervision and control over all warehouses, storerooms, stores, and all inventories of supplies, services, and construction belonging to the state;
   13. To establish and maintain programs for the development and use of purchasing specifications, and for the inspection, testing, and acceptance of supplies, services, and construction;
   14. To develop a program which involves and/or utilizes small business and small disadvantaged business as contractors;
   15. To develop standards of conduct which supplement the provisions of chapter 14 of title 36, as amended, for personnel involved in the state of Rhode Island purchasing process;
   16. For all contracts for supplies and services exceeding ten thousand dollars ($10,000), contractors must comply with the requirements of federal executive order no. 11246, as amended, § 28-5.1-10 , and other regulations as issued by the purchasing agent, and administered by the state equal opportunity office of the department of administration. Failure to comply will be considered a substantial breach of the contract subject to penalties prescribed in the regulations.
3. The chief purchasing officer may adopt such other regulations as deemed advisable to carry out the purposes of this chapter.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-9.1. Bidder registration fee.

The chief purchasing officer may adopt regulations to establish an annual fee, of not less than twenty-five dollars ($25.00), which shall be paid by all potential bidders requesting to subscribe to solicitation mailings for public bids for specific types of supplies, services, and construction during a fiscal year, and may waive that fee for Rhode Island firms. Additionally, the chief purchasing agent officer may delegate to the purchasing agent the authority to waive that fee for an individual solicitation and to include unregistered bidders in the solicitation in the interest of expanding competition. Nothing herein shall prevent any interested party from submitting a bid in response to any solicitation of which they become aware.

History of Section. P.L. 1993, ch. 138, art. 75, § 1.

37-2-10. Distribution of procurement activities.

The chief purchasing officer may provide for the distribution of the department’s procurement activities and functions among the various divisions within the department.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-11. Authority and duties of the purchasing agent.

The purchasing agent shall have the following authority and responsibilities:

1. To serve as the central procurement and contracting agency of the state;
2. To recommend regulations, rules, and procedures to the chief purchasing officer; and
3. To purchase or otherwise acquire, or, with the approval of the chief purchasing officer, to delegate the purchase and acquisition of all supplies, services, and construction for the state.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-12. Centralization of the procurement authority.

1. All rights, powers, duties, and authority relating to the procurement of supplies, services, and construction, and the management, control, warehousing, sale, and disposal of supplies, services, and construction now vested in or exercised by any state agency under the several statutes relating thereto are hereby transferred to the chief purchasing officer as provided in this chapter, subject to the provisions of § 37-2-54 . A public agency does not have to utilize the centralized purchasing of the state but the public agency, through its existing internal purchasing function, shall adhere to the general principles, policies and practices set forth in this chapter.
2. The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and collect from state contractors, listed on master-price agreements, a statewide contract administrative fee not to exceed one percent (1%) of the total value of the annual spend against a contract awarded to a state contractor. All statewide contract administrative fees collected pursuant to this subsection shall be deposited into a restricted-receipt account within the general fund designated as the “division of purchases administrative-fee account” and shall be used for the purposes of implementing technology for the submission and processing of bids, online vendor registration, bid notification, and other costs related to state procurement. On or before January 15, 2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall file a report with the governor, the speaker of the house, and the president of the senate detailing:
   1. The total amount of funds collected and deposited into the division of purchases administrative-fee account for the most recently completed fiscal year;
   2. The account balance as of the date of the report;
   3. An itemization of all expenditures and other uses of said funds from said account for the most recently completed fiscal year; and
   4. An annual evaluation as to the appropriateness of the amount of the contract administrative fee on master-price agreements.
3. Subject to the approval of the director of the department of administration, the state controller is authorized to offset any currently recorded outstanding liability on the part of developmental disability organizations (DDOs) to repay previously authorized startup capital advances against the proceeds from the sale of group homes within a fiscal year prior to any sale proceeds being deposited into the information technology investment fund.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2017, ch. 302, art. 7, § 11.

37-2-13. Procurement regulations.

1. Within sixty (60) days after July 1, 1989, the chief purchasing officer shall promulgate the initial state purchasing regulations in accordance with current policies and procedures. The initial regulations may be promulgated on an interim basis and shall be promulgated on a final basis in accordance with chapter 35 of title 42.
2. All additions, deletions, or other modifications of the final purchasing regulations issued pursuant to subsection (a) of this section shall be promulgated by the chief purchasing officer in accordance with any applicable provisions of this chapter and chapter 35 of title 42.
3. The chief purchasing officer shall not delegate his or her power to issue the state purchasing regulations under subsections (a) and (b) of this section to any other person or agency and no state purchasing regulations shall be issued except as approved by the chief purchasing officer.
4. No state purchasing regulation shall change in any way a contract commitment by the state nor of a contractor to the state which was in existence on the effective date of the regulation.
5. The provisions of state purchasing regulations promulgated as authorized herein shall be considered to be incorporated by operation of law in all state contracts.
6. Contract provisions and contracts entered into in violation of regulations shall be void ab initio.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-14. Relationship with user agencies.

The purchasing agent shall maintain a close and cooperative relationship with the using agencies of the state. Any using agency may at any time make recommendations concerning procurement to the purchasing agent.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-15. Source selection and contract formation — Statutory provisions.

As used in this chapter unless the context in which they are used clearly requires a different meaning:

1. “Cost-reimbursement contract” shall mean a contract under which the state reimburses the contractor for those contract costs, within a stated ceiling, which are allowable and allocable in accordance with cost principles (as provided in § 37-2-43 ), and a fixed fee, if any.
2. “Established catalogue price” shall mean the price included in the most current catalogue, price list, schedule, or other form that:
   1. Is regularly maintained by the manufacturer or vendor of an item;
   2. Is either published or otherwise available for inspection by customers;
   3. States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item; and
   4. States prices which are obtained from the most recent industry wide publications and informational journals if any.
3. “Evaluated bid price” shall mean the dollar amount of a bid, after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, and residual value.
4. “Invitation for bids” shall mean all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in §§ 37-2-18 and 37-2-18 .1.
5. “Request for proposals” shall mean all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this chapter.
6. “Responsible bidder or offeror” shall mean a qualified bidder or offeror who has the capability in all respects, including financial responsibility, to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
7. “Responsive bidder or offeror” shall mean a person who has submitted a bid or offer which conforms in all material respects to the invitation for bids or proposals, so that all bidders or offerors may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.
8. “Request for qualifications” shall mean all documents, whether attached or incorporated by reference, utilized for soliciting qualifications of offerors prior to or during the solicitation of bids or proposals.
9. “Reverse Auction” shall mean a bid competition where the lowest responsive and responsible bidder wins the auction.
10. “Auctioneer” shall mean a business or organization that conducts an electronic reverse auction.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2005, ch. 296, § 1.

37-2-16. [Reserved.]

37-2-17. Method of source selection.

Except for purchases solicited pursuant to the provisions for small purchases set forth in § 37-2-22 , all state contracts and purchases shall be solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in § 37-2-17.1 . Except as otherwise authorized by law, all state contracts shall be awarded by:

1. Competitive sealed offers, pursuant to § 37-2-18 ;
2. Competitive negotiation, pursuant to §§ 37-2-19 and 37-2-20 ;
3. Noncompetitive negotiation, pursuant to § 37-2-21 ;
4. Small purchase procedures, pursuant to § 37-2-22 ; or
5. Reverse auctions, pursuant to § 37-2-18.1 .

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1; P.L. 1996, ch. 279, § 2; P.L. 1999, ch. 367, § 1; P.L. 2005, ch. 296, § 1.

37-2-17.1. Rhode Island vendor information program (RIVIP).

1. The chief purchasing officer is directed to institute an electronic vendor information program which shall enable all invitations for bid and requests for a proposal to be accessed electronically by all potential vendors. This program is to be readily accessible through public access stations located at the following locations:
   1. One Capitol Hill, Providence, Rhode Island;
   2. City hall, town hall or public library of each of the thirty-nine (39) cities and towns in the state.
2. Further, the vendor information program shall be accessible to potential vendors through means of computer modem.
3. The chief purchasing officer may contract with auctioneers as defined in § 37-2-15(10) to conduct electronic reverse auctions, provided that notification of the opportunity to participate in the auction is posted on the RIVIP in accordance with the requirements of § 37-2-25.1 .

History of Section. P.L. 1994, ch. 137, § 2; P.L. 1996, ch. 279, § 2; P.L. 2005, ch. 296, § 1.

37-2-17.2. Utilization of department of administration Rhode Island vendor information program (RIVIP).

All public agencies as defined by § 37-2-7(16) shall utilize the RIVIP established by the chief purchasing officer for state agencies (director of the department of administration) to implement the requirements of §§ 37-2-17 and 37-2-17.1 . The director of administration shall be authorized to assess prorated charges to public agencies to offset costs for acquisition of equipment, computer and other development, consultant services, installation of equipment, software, communications lines, initial and ongoing training and outreach, maintenance and any other costs of implementing and operating the department of administration RIVIP.

History of Section. P.L. 1996, ch. 279, § 3.

37-2-18. Competitive sealed bidding.

1. Contracts exceeding the amount provided by § 37-2-22 shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable or that the best value for the state may be obtained by using an electronic reverse auction as set forth in § 37-2-18.1 . Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether:
   1. Specifications can be prepared that permit award on the basis of either the lowest bid price or the lowest evaluated bid price; and
   2. The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.
2. The invitation for bids shall state whether the award shall be made on the basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available. All documents submitted in response to the bid proposal are public pursuant to chapter 38-2 upon opening of the bids. The invitation for bids shall state that each bidder must submit a copy of their bid proposal to be available for public inspection upon the opening of the bids. The burden to identify and withhold from the public copy that is released at the bid opening any trade secrets, commercial or financial information, or other information the bidder deems not subject to public disclosure pursuant to chapter 38-2, the Access to Public Records Act, shall rest with the bidder submitting the bid proposal.
3. Unless the invitations for bid are accessible under the provisions as provided in § 37-2-17.1 , public notice of the invitation for bids shall be given a sufficient time prior to the date set forth therein for the opening of bids. Public notice may include publication in a newspaper of general circulation in the state as determined by the purchasing agent not less than seven (7) days nor more than twenty-eight (28) days before the date set for the opening of the bids. The purchasing agent may make a written determination that the twenty-eight (28) day limitation needs to be waived. The written determination shall state the reason why the twenty-eight (28) day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.
4. Bids shall be opened and read aloud publicly at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection.
5. The chief purchasing officer shall adopt and file regulations governing the bidding of highway and bridge construction projects in the state not later than December 31, 2011.
6. Immediately subsequent to the opening of the bids, the copies of bid documents submitted pursuant to subsection 37-2-18(b) shall be made available for inspection by the public. Any objection to any bid on the grounds that it is nonresponsive to the invitation for bids must be filed with the purchasing agent within five (5) business days of the opening of the bids. The purchasing agent shall issue a written determination as to whether the subject bid is nonresponsive addressing each assertion in the objection and shall provide a copy of the determination to the objector and all those who submitted bids at least seven (7) business days prior to the award of the contract. If a bid is nonresponsive to the requirements in the invitation to bid, the bid is invalid and the purchasing agent shall reject the bid. The purchasing agent shall have no discretion to waive any requirements in the invitation to bid which are identified as mandatory. Nothing in this section shall be construed to interfere with or invalidate the results of the due diligence conducted by the division of purchasing to determine whether bids are responsive and responsible.
7. Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid that were not made public pursuant to subsection 37-2-18(e) shall be made available and open to public inspection, pursuant to chapter 38-2, the Access to Public Records Act, and retained in the bid file. The copy of the bid proposal provided pursuant to subsection 37-2-18(b) shall be retained until the bid is awarded.
8. The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or responsive bid price.
9. Correction or withdrawal of bids may be allowed only to the extent permitted by regulations issued by the chief purchasing officer.
10. As of January 1, 2011, this section shall apply to contracts greater than one million dollars ($1,000,000); on January 1, 2012 for all contracts greater than seven hundred fifty thousand dollars ($750,000); on January 1, 2013 for all contracts greater than five hundred thousand dollars ($500,000); and on January 1, 2014 for all contracts awarded pursuant to this section.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1; P.L. 1999, ch. 367, § 1; P.L. 2005, ch. 296, § 1; P.L. 2010, ch. 221, § 1; P.L. 2011, ch. 342, § 1; P.L. 2011, ch. 384, § 1.

37-2-18.1. Reverse auctions.

1. Contracts exceeding the amount provided by § 37-2-22 may be awarded by electronic reverse auctions when it is determined in writing by the chief purchasing officer that the state will obtain a better value with this method than with a competitive sealed bid process. Factors to be considered in determining whether electronic reverse auctions shall be utilized shall include:
   1. Whether specifications can be prepared that permit electronic posting of bid solicitations and secure receipt of electronic bids; and
   2. The cost for preparing and executing the auction; and
   3. Whether conditions are such that the commodities or services to be purchased are appropriately competitive.
2. All reverse auctions shall be conducted electronically using real-time, on-line bidding procedures. These procedures shall include the following:
   1. Participation as a bidder shall be subject to a prequalification process conducted in accordance with the provisions of § 37-2-25.1 .
   2. The solicitation shall designate both an opening date and time and a closing date and time. The closing date and time may be dependent on a variable or variables specified in the solicitation. At the opening date and time, the auctioneer shall begin accepting real-time, on-line bids. The solicitation shall remain open until the closing date and time.
   3. Following receipt of the first bid after the opening date and time, all bid prices shall be posted electronically to the internet and updated on a real-time basis. At any time before the closing date and time, a bidder may offer a lower bid than the lowest bid of any bidder, including his own. A bidder’s lowest bid shall supersede any prior higher bid offered by that bidder. Bid prices may not be increased at any time after the opening date and time. All bids shall be binding and may not be withdrawn. If a price entered by the bidder is in error, the bidder must correct the bid within the time period and manner specified in the solicitation.
   4. The invitation for bids shall state that the award shall be made on the basis of the lowest responsive bid price.
3. The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or responsive bid price.
4. Subsequent to the awarding of the contract, all documents pertinent to the awarding of the contract shall be made available and open to the public inspection and retained in the bid file.

History of Section. P.L. 2005, ch. 296, § 2.

37-2-18.2. Exemption from competitive bidding.

The three (3) public institutions of higher education (the University of Rhode Island, Rhode Island College and the Community College of Rhode Island) shall be exempt from the competitive bidding process provisions of this chapter for research or research related activity funded with federal funds or other third-party funds subject to rules and regulations promulgated by the board of governors for higher education.

History of Section. P.L. 2006, ch. 265, § 1; P.L. 2006, ch. 548, § 1.

37-2-19. Competitive negotiation.

1. When, under regulations issued by the chief purchasing officer, the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in §§ 37-2-21 and 37-2-22 , a contract may be awarded by competitive negotiation.
2. Adequate public notice of the request for proposals to be negotiated shall be given in the same manner as provided in § 37-2-18(c) .
3. The request for proposals shall indicate the relative importance of price and other evaluation factors.
4. Written or oral discussions may be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. All oral discussions conducted with responsible offerors who submit proposals shall be memorialized in writing and all such writings shall be deemed public record at the time the contract is awarded and shall be made available for public inspection. Discussions shall not disclose any information derived from proposals submitted by competing offerors.
5. An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. Discussions need not be conducted if the purchasing agent makes a written determination concerning one or more of the following:
   1. With respect to prices, where the prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;
   2. Where time of delivery or performance will not permit discussions; or
   3. Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that an award may be made on the basis of the initial offers.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2008, ch. 458, § 1.

37-2-20. Negotiations after unsuccessful competitive sealed bidding.

1. In the event that all bids submitted pursuant to competitive sealed bidding under § 37-2-18 result in bid prices in excess of the funds available for the purchase and the chief purchasing officer determines in writing:
   1. That there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder, and
   2. The best interest of the state will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 37-2-18 , then a negotiated award may be made as set forth in subsection (b) or (d) of this section.
2. Where there is more than one bidder, competitive negotiations, pursuant to § 37-2-19 , shall be conducted with the three (3) (or two (2) if there are only two (2)) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Competitive negotiations shall be conducted under the following restrictions:
   1. If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions; and
   2. A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.
3. Contracts may be competitively negotiated when it is determined in writing by the purchasing agent that the bid prices received by competitive sealed bidding were not independently reached in open competition, and for which:
   1. Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and
   2. The negotiated price is lower than the lowest rejected bid by any competitive bidder; and
   3. The negotiated price is the lowest negotiated price offered by a competitive offeror.
4. When, after competitive sealed bidding, it is determined in writing that there is only one responsive and responsible bidder, a negotiated award may be made with the bidder subject to the provisions of § 37-2-28 .

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-21. Noncompetitive procurements.

1. Sole source.  A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the chief purchasing officer or purchasing agent, determines, in writing, that there is only one source for the required supply, service, or construction item.
2. Emergency.  Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in the regulations; provided, that the emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency, and for the selection of the particular contractor, shall be included in the contract file.
3. Noncompetitive negotiation after competitive solicitation.  Contracts issued under procedures set forth in §§ 37-2-19 , 37-2-20 and 37-2-59 — 37-2-72 may be negotiated with the successful vendor(s) subject to the provisions of § 37-2-28 . A written determination of the basis for the negotiated contract and supporting the negotiated price, shall be included in the contract file.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-22. Small purchases.

Procurements, not to exceed an aggregate amount of ten thousand dollars ($10,000) for construction and five thousand dollars ($5,000) for all other purchases may be made in accordance with small purchase regulations promulgated by the chief purchasing officer. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1; P.L. 1999, ch. 367, § 1.

37-2-23. Cancellation of invitation for bids and requests for proposals.

An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, if it is determined, in writing, that the cancellation or rejection is taken in the best interest of the state and approved by the chief purchasing officer.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-24. Responsibilities of bidders and offerors.

1. A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the chief purchasing officer.
2. A reasonable inquiry to determine the financial strength and responsibility of a business which is a bidder or offeror shall be conducted. The failure of a bidder or offeror to promptly supply information in connection with the inquiry, including, but not limited to, financial statements and business references, shall be grounds for a determination of nonresponsibility with respect to that bidder or offeror.
3. Said financial analysis may include the review of the business by a nationally recognized commercial credit reporting bureau. A consistent policy for ordering credit bureau reports shall be developed and approved by the chief purchasing officer.
4. Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the division of state purchasing or the purchasing agency administering the contract without prior written consent of the bidder or offeror.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1994, ch. 137, § 1.

37-2-25. Prequalification of contractors — General.

The chief purchasing officer may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors of the supplies, services, and construction shall include but need not be limited to prequalified contractors. Prequalification shall not foreclose a written determination:

1. Between the time of the bid opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible; or
2. That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-25.1. Prequalification of vendors for electronic reverse auctions.

1. Potential bidders shall be prequalified for participation in each electronic auction.
2. A request for qualifications shall be issued stating the intent to conduct a reverse auction in accordance with the provisions of § 37-2-18.1 . The request for qualifications shall identify the goods and services to be purchased and the criteria to be used to determine how many and/or which bidders will be selected to participate in the reverse auction. All requests for qualifications shall be solicited through utilization of the Rhode Island Vendor Information Program (RIVIP) as set forth in § 37-2-17.1 .
3. Participants shall be selected based on the criteria set forth in the request for qualifications, including agreement to any terms, conditions or other requirements of the solicitation. Written or oral discussions may be conducted with all responsible vendors determined in writing to be reasonably susceptible of being selected for award.
4. Prior to the execution of the auction potential bidders shall be required to receive instruction on the use of the selected electronic bidding procedure. Only bidders who successfully complete the training phase of prequalification shall be permitted to participate in the electronic reverse auction specified in the request for qualifications.

History of Section. P.L. 2005, ch. 296, § 2.

37-2-26. Prequalification of contractors — Roads — Department of transportation.

Prequalification for a contractor who bids on road work for the department of transportation shall be as follows:

1. A list of equipment in his or her possession and which he or she proposes to use on the contract if awarded to him or her.
2. The name and qualifications of his or her superintendent or supervisory personnel to be assigned to the major features of the work.
3. His or her financial references and an original copy of his or her current financial statement.
4. 1. The successful contractor is required to submit to the Rhode Island department of transportation for approval, executed contract agreement(s) between the contractor and the qualified DBE to be utilized during the performance of the work.
   2. Prior to submitting the above, any subcontractor and/or supplier must first receive subcontract approval by the Rhode Island department of transportation.
5. 1. Provide the number of proposed trainees to be trained in each classification and training programs as stated in the required contract provisions for federal aid projects (training special provisions page 15 par. 3).
   2. The above requirement will be submitted to the Rhode Island department of transportation external equal employment opportunity office for approval.
6. The name of the individual who will act as the equal employment opportunity officer for this company.
7. Four (4) copies on the company’s letterhead of certification of nondiscrimination in equal employment opportunity.
8. The successful contractor shall provide the names of proposed subcontractors and the phase and extent of the work which they will perform. If any have not performed similar work for this state, supply experience records for similar types of work performed elsewhere.
9. Copies of letters directly from the contractor’s bonding and insurance companies indicating their willingness to furnish the required bonds and insurance.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1997, ch. 326, § 158.

37-2-27. Prequalification — Construction management.

A person who bids on a construction management contract shall provide the following information, which information shall constitute the prequalifications for a construction management contract.

1. Firm history.
   1. Name of the firm.
   2. Location of principal and branch offices.
   3. Length of time in business.
   4. Firm ownership structure.
   5. Annual construction management volume for each of the past five (5) years including number of projects and total construction volume.
2. Personnel.
   1. Total number of the firm’s personnel, other than secretarial/clerical, by professional or skill group.
   2. Outside firms which will be used to provide such services as estimating, value engineering analysis, scheduling, or computer services.
3. Experience.
   1. Projects which the firm has constructed during the past five (5) years, including, those where the firm has served as construction manager including the project name and address, year completed, type of project, construction cost and reference.
4. Project staffing.
   1. The firm’s proposed management staff for the project including an organizational chart identifying the firm’s key staff members and showing how each staff member interacts with other staff members assigned to the project.
   2. Detailed resume for each key staff member which summarizes education, professional registration, professional society membership, construction experience, and construction management project experience.
5. Services.
   1. Scope of preconstruction phase services, including how those services are provided, with specific attention to the first budget estimate, methods of cost control, scheduling, value engineering, and the method of reporting project status and schedule position.
   2. Scope of construction phase services and how those services are to be provided.
   3. The firm’s method of working with the project architects, engineers, consultants, and other planning team members.
   4. The firm’s method of coordinating the efforts of the various trade contractors.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-27.1. Procurement of construction manager at-risk services — Written determination.

1. Prior to procuring construction manager at-risk services, the chief purchasing officer must sign a written determination documenting the following:
   1. That in accordance with the factors set forth in subsection (c) below, the general contractor method of construction management as provided under § 37-2-18 is not practicable for the construction of the project or will not result in the best value for the state;
   2. That the using agency has clearly identified in writing why the use of construction management at-risk method of construction management as defined under § 37-2-7(30) is appropriate for the building project;
   3. That the building project has an estimated construction value of five million dollars ($5,000,000) or more;
   4. That the using agency has in place written procedures to ensure fairness in competition, evaluation, and reporting of results at every stage in the procurement process;
   5. That the using agency has the capacity, a detailed plan, and procedures in place to effectively procure and manage construction management at-risk services for the project and has procured the services of a qualified owner’s program manager for the project, as set forth in § 37-2-7(32) ; and
   6. That the using agency has a detailed, written plan with clearly identified procedures to monitor and approve all reimbursable costs for the project. The chief purchasing officer shall file copies of the written determination with the president of the senate, the speaker of the house, the senate fiscal advisor and the house fiscal advisor no later than three (3) business days after executing the written determination.
2. Except for subsection (d) of this section, notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, the chief executive officer of a public corporation as defined in § 35-20-5(4) , or the chief executive officer of a public agency as defined in § 37-2-7(16) ,  prior to procuring construction manager at-risk services, shall sign a written determination documenting the following:
   1. That in accordance with the factors set forth in subsection (c) below,  the general contractor method of construction management is not practicable for the construction of the project or will not result in the best value for the public corporation or the public agency;
   2. Why the use of construction management at-risk method of construction management is appropriate for the building project;
   3. That the building project has an estimated construction value of five million dollars ($5,000,000) or more;
   4. That the public corporation or public agency has in place written procedures to ensure fairness in competition, evaluation, and reporting of results at every stage in the procurement process;
   5. That the public corporation or public agency has the capacity, a detailed plan, and procedures in place to effectively procure and manage construction management at-risk services for the project and has procured the services of a qualified owner’s program manager for the project as set forth in § 37-2-7(32) ; and
   6. That there is a detailed, written plan with clearly identified procedures to monitor and approve all reimbursable costs for the project. The chief executive officer shall file copies of the written determination with the president of the senate, the speaker of the house, the senate fiscal advisor, and the house fiscal advisor no later than three (3) business days after executing the written determination.
3. When evaluating the procurement of construction manager at-risk services, the factors that may be considered in determining whether the general contractor method of construction management is not practicable or will not result in the best value for the state, public corporation, or public agency shall include:
   1. Whether specifications can be prepared that permit award on the basis of either the lowest bid or the lowest-evaluated bid price;
   2. Whether the available sources, the time and place of performance, and other relevant circumstances exist as are appropriate for the use of competitive sealed bidding;
   3. The complexity of the project, including the existing or proposed infrastructure or structures, required demolition or abatement, adjacency to other structures or abutters, site constraints, building systems, uniqueness of design elements, or environmental implications;
   4. The size, scope, and estimated cost of the project;
   5. The adequacy of available documentation regarding the existing site, buildings, or structures; abutter infrastructure, buildings, or structures; or other documentation of as-built conditions;
   6. Phasing or logistical challenges arising out of the need to maintain existing occupancy, continue existing operations, provide phased occupancy, or achieve more favorable project financing terms;
   7. The anticipated impact of fast-tracked design and construction on project cost or schedule;
   8. Potential to achieve optimal minority or woman business enterprise or other subcontractor or vendor participation required in accordance with any applicable state or federal laws;
   9. The amount and type of financing available for the project, including whether the budget is fixed and the source of funding, for example, general or special appropriation, federal assistance monies, general obligation bonds or revenue bonds;
   10. The administration or implementation of procedures required to comply with applicable regulations or statutes; and
   11. Mitigating the potential claims against the state arising from the inherent risks associated with factors noted in subdivisions (3) through (10) of this subsection.
4. The provisions of §§ 37-2-27.1 through 37-2-27.5 shall not apply to highway or heavy construction projects that are procured by either the Rhode Island department of transportation, a public corporation, a public agency, or any city or town in Rhode Island.

History of Section. P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 1.

37-2-27.2. Procurement of construction manager at-risk services — Owner’s program manager.

1. In order to bring the experience and knowledge necessary to maximize the benefits of the construction manager at-risk method of construction management, a using agency shall procure an owner’s program manager as set forth in § 37-2-7(32) prior to procuring a construction manager at-risk. The owner’s program manager shall have at least seven (7) years experience in the construction and supervision of the construction of buildings of similar size and complexity. The owner’s program manager shall not have been employed during the preceding year by the design firm, the construction management at-risk firm, and/or the subcontractors associated with the project.
2. Notwithstanding any other provision of this section or of the general or public laws to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in § 35-20-5(4) and public agencies as defined in § 37-2-7(16) , shall be subject to and shall comply with the terms of this section.

History of Section. P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 1.

37-2-27.3. Procurement of construction manager at-risk services — Technical review committee.

1. When procuring construction manager at-risk services for a using agency, other than a public corporation or a public agency, a technical review committee shall be appointed by the chief purchasing officer to evaluate the statements of qualifications, performance data, and cost proposals submitted and any other relevant information. The technical review committee shall be comprised of five (5) members with one member from the division of legal services at the department of administration; one member from the department of administration with experience in the construction of capital projects; one member from the division of purchases; and no more than two (2) members from the using agency. The using agency’s owner’s program manager shall advise and assist the technical review committee as necessary. The members of a technical review committee of a public corporation or a public agency shall be determined in accordance with their own policies and procedures.
2. Prior to opening the cost or pricing data, the technical review committee shall prequalify at least two (2) firms as professionally and technically qualified. If unable to prequalify two (2) firms, then the technical review committee may either re-advertise the request for proposals or may recommend to the chief purchasing officer that the general contractor method of construction management be utilized on the project. If the technical review committee is unable to prequalify at least two (2) firms after the second advertising of the request for proposals for construction manager at-risk services, then the chief purchasing officer shall require the using agency to utilize the general contractor method of construction management for the project.
3. The department of administration’s division of capital projects, in conjunction with the division of purchases, shall assist the using agency in drafting the request for proposals used to procure the construction manager at-risk services, provided that such assistance is not mandatory for a public corporation or a public agency which may develop the request for proposals without such assistance.
   1. If federal restrictions do not prohibit the consideration of cost in the selection process, then the request for proposals shall require that the proposals submitted itemize the following:
      1. The fee for pre-construction services;
      2. The fee for construction services with the profit and overhead separately itemized; and
      3. The estimated cost of the general conditions.
   2. The request for proposals shall include a standardized contract for construction manager at-risk services in a form acceptable to the chief purchasing officer. Firms responding to the request for proposals shall submit proposed changes to the contract language in writing as part of their proposal. The technical review committee shall consider the favorability to the state of any proposed changes to the standardized contract as a criteria for evaluating and ranking the firms.
   3. The technical review subcommittee may conduct written or oral negotiations concerning proposed changes to the standardized contract with all offerors determined in writing to be reasonably susceptible to being selected for award. Any negotiations conducted must be clearly memorialized through the detailed documentation of the decisions made and the reasons for those decisions.
   4. The technical review committee shall submit its written recommendations of eligible construction management at-risk firms to the chief purchasing officer.
   5. The chief purchasing officer shall issue a written determination selecting a construction management at-risk firm for the project that includes findings that all the terms of the proposed contract are fair and reasonable to the state.
   6. The construction management at-risk firm selected for the project may not be reimbursed or paid for any services provided prior to the execution of the contract by the chief purchasing officer, a representative of the using agency, and a representative of the construction manager at-risk firm and the issuance of a purchase order.
4. The chief purchasing officer shall negotiate the guaranteed, maximum price as an amendment to the contract executed pursuant to subsection (c) of this section when the design documents are no less than sixty percent (60%) complete. The guaranteed, maximum price shall represent the maximum amount to be paid by the using agency for the building project, including the cost of the work, the general conditions, and the fee payable to the construction management at-risk firm.
   1. The guaranteed maximum price shall itemize:
      1. The amount of any construction manager at-risk contingency;
      2. The amount of the general conditions;
      3. Any fees, including fees incurred prior to the guaranteed maximum price;
      4. Each allowance with a statement of its basis;
      5. A breakdown of costs by trade;
      6. The dates for substantial and final completion upon which the guaranteed, maximum price is based;
      7. A schedule of applicable alternates and the unit prices; and
      8. The drawings, specifications, and other information on which the price is based.
   2. The chief purchasing officer shall issue a written determination that all the terms of the guaranteed, maximum price amendment are fair and reasonable to the state.
   3. The project may not proceed to the construction phase without the execution of the guaranteed, maximum-price amendment to the contract by the chief purchasing officer, a representative of the using agency, and a representative of the construction management at-risk firm and issuance of an approved change order; provided, nevertheless, the chief purchasing officer may authorize the commencement of preliminary investigatory, site, or other construction if the chief purchasing officer issues a written determination that such preliminary construction is advantageous to, and in the best interest of, the state, public corporation, or public agency, and the remaining requirements for the commencement of construction set forth above are satisfied as it relates to the proposed preliminary construction.
   4. If the chief purchasing officer is unable to obtain a guaranteed, maximum-price amendment that is fair and reasonable to the state or if the construction management at-risk firm is unable to provide all necessary bonds within ten (10) days of the execution of the amendment, then the chief purchasing officer may terminate the construction management at-risk contract and:
      1. Negotiate a new construction management at-risk contract and guaranteed, maximum-price agreement with the next-most qualified construction management at-risk firm as determined by the technical review committee; or
      2. Order that the project shall be completed through the utilization of the general contractor method of construction management.
5. No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the construction management at-risk contract.

History of Section. P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 1.

37-2-27.4. Procurement of construction manager at-risk services — Bidding of subcontracts.

1. In order to promote transparency and the fair and equitable treatment of all persons who deal with the procurement system, when using the construction manager at-risk method of construction management on a project, subcontractors, equipment, and material purchases shall be procured pursuant to the following:
   1. All potential vendors shall be prequalified as responsible bidders or offerors as defined in § 37-2-15(6) ;
   2. The construction management at-risk firm shall be provided with access to the Rhode Island Vendor Information Program (“RIVIP”) and/or the relevant portion of the program or information thereon in such direct or indirect manner as the director of the department of administration may determine for the purpose of issuing solicitations to pre-qualified vendors for subcontracts, equipment, and materials  necessary for the project. The construction manager at-risk shall use the RIVIP for solicitation of bids for all subcontractors, equipment, and material necessary for the project;
   3. All bids shall be opened in public at the time and place designated in the solicitation for bids and each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection;
   4. The construction manager at-risk shall evaluate the bid proposals and conduct further negotiations with vendors where appropriate;
   5. Prior to the awarding of a project-related contract by the construction manager at-risk, the using agency shall provide its written approval;
   6. The construction manager at-risk shall award all project-related contracts with reasonable promptness after approval by the using agency.
2. When using the construction manager at-risk method of construction management, all subcontract work, equipment, and material purchases shall be memorialized by the construction management at-risk firm and the using agency through detailed documentation of the decisions made and the reasons for those decisions.
3. All bid documents, bid abstracts, and documents referring to the bid process shall be public in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act. The burden to identify trade secrets, commercial or financial information, or other records not subject to public disclosure pursuant to chapter 2 of title 38 shall rest with the bidder or offeror.

   Any person or entity denied the right to inspect records may appeal the denial in accordance with the provisions of chapter 2 of title 38, the Access to Public Records Act.

4. No provision of this section is intended to require a party to breach a contract disclosed to the using agency and executed prior to the award of the construction management at-risk contract.

History of Section. P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch. 357, § 1; P.L. 2014, ch. 400, § 1.

37-2-27.5. Procurement of construction manager at-risk services — Public records.

1. All documents related to a construction project delivered through a construction manager at-risk, including, but not limited to, design documents, construction documents, bid documents, financial documents and contract documents, shall be considered public records and be made available for public inspection in accordance with chapter 38-2, entitled the Access to Public Records Act. Information may only be withheld from public inspection if the construction manager at-risk firm or the relevant subcontractor specifically states in writing a description of the data or materials to be protected and the reasons why protection is necessary, and if the chief purchasing officer determines through a written determination that the records are not public pursuant to chapter 38-2 access to public records law. The burden to identify trade secrets, commercial or financial information, or other information not subject to public disclosure pursuant to chapter 38-2 shall rest with the construction manager at-risk or the relevant subcontractor. Any person or entity denied the right to inspect records may appeal the denial in accordance with chapter 38-2, the Access to Public Records law.
2. Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subdivision 35-20-5(4) and quasi-public agencies, shall be subject to and shall comply with the terms of this section.

History of Section. P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2.

37-2-28. Cost or pricing data.

1. A contractor shall submit cost or pricing data and shall certify that, to the best of his or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of:
   1. The pricing of any negotiated contract where the total contract price is expected to exceed fifty thousand dollars ($50,000); or
   2. The pricing of any change order or contract modification which is expected to exceed twenty-five thousand dollars ($25,000), or such lesser amount in either instance as may be prescribed by the purchasing agent and approved by the budget office.
2. Any contract, change, or modification thereto, under which a certificate is required, shall contain a provision that the price to the state, including profit or fee, shall be adjusted to exclude any significant sums by which the purchasing agent finds that the price was increased because the contractor furnished cost or pricing data, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current.
3. The requirements of this section need not be applied to contracts where the price negotiated is based on adequate price competition, established catalogue or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation, or in exceptional cases where it is determined, in writing, by the chief purchasing officer that the requirements of this section may be waived, and the reasons for that waiver are stated in writing.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-29. Cost plus a percentage of cost.

The cost plus a percentage of cost type of contract shall not be used.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-30. Cost reimbursement contracts.

1. No contract providing for the reimbursement of the contractor’s cost plus a fixed fee, hereinafter referred to as a cost reimbursement contract, may be made under § 37-2-19 , 37-2-20 , or 37-2-21 unless it is determined, in writing, by the chief purchasing officer that the contract is likely to be less costly to the state than any other type of contract, or that it is impracticable to obtain supplies or services of the kind or quality required except under a cost reimbursement contract.
2. Each contractor under a cost reimbursement type contract shall obtain consent, as provided for in the contract, before entering into:
   1. A cost reimbursement type subcontract; or
   2. Any other type of subcontract involving more than ten thousand dollars ($10,000) or ten percent (10%) of the estimated cost of the prime contract.
3. All cost reimbursement type contracts shall contain a provision that only costs recognized as allowable, in accordance with cost principles set forth in regulations issued pursuant to § 37-2-42 , will be reimbursable.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-31. Use of other types of contracts.

Subject to the limitations of §§ 37-2-29 and 37-2-30 , any type of contract which will promote the best interests of the state may be used.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-32. Approval of accounting system.

Except with respect to firm fixed price type contracts, no contract type shall be used unless it has been determined in writing that the proposed contractor’s accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated and that the contractor’s accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-33. Multi-year contracts.

1. Unless otherwise provided in the statute making appropriations therefor, multi-year contracts for supplies and services may be entered into for periods extending beyond the end of the fiscal year in which the contract was made, if funds for the first fiscal year of the contemplated contract are available at the time of contracting and the contract states that payment and performance obligations for succeeding fiscal years shall be subject to the availability of funds therefor.
2. Prior to the utilization of a contract as described in subsection (a) of this section, it shall be determined, in writing, by the chief purchasing officer:
   1. That estimated requirements cover the period of the contract, are reasonably firm, and continuing; and
   2. That the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economics in state procurement.
3. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent year of a contract as described in subsection (a) of this section, the contract for the subsequent year may be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from:
   1. Appropriations currently available for performance of the contract;
   2. Appropriations currently available for procurement of similar supplies or services and not otherwise obligated; or
   3. Appropriations made specifically for the payment of cancellation costs.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-34. Right to inspect facilities — Right to audit.

1. The department of administration may inspect the plant, or place of business of a contractor, or any subcontractor under any contract awarded or to be awarded by the state.
2. The department of administration may audit the books and records of any person who has submitted cost or pricing data under § 37-2-27 at any time until the period of record retention as set forth in subsection (c) of this section expires. The right to audit hereunder shall only extend to those books and records reasonably connected with cost or pricing data submitted under § 37-2-27 and the books and records shall be maintained by the contractor or subcontractor for the period specified in subsection (c) of this section.
3. The department of administration or auditor general shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this subsection shall not limit the right to audit as set forth in subsection (b) of this section. The books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-35. Finality of determinations.

The determinations required by §§ 37-2-19(a) , (b), (c) and (f); 37-2-20(a) , (b) and (c); 37-2-21 ; 37-2-22 ; 37-2-24(a) ; 37-2-27(3) ; 37-2-30(a) ; and 37-2-52(c) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-36. Reporting of suspected collusive bidding or negotiations.

1. When for any reason collusion is suspected among any bidders or offerors, a written notice of the facts giving rise to the suspicion shall be transmitted to the attorney general.
2. All documents involved in any procurement in which collusion is suspected shall be retained until the attorney general gives notice that they may be released, and all those documents shall be made available to the attorney general or his or her designee upon request.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-37. Report of procurement actions taken under §§ 37-2-21 and 37-2-22.

1. A summary shall be compiled annually by the purchasing agent, within ninety (90) days following the close of the fiscal year, of contracts made under §§ 37-2-21 and 37-2-22 during that preceding fiscal year. The summary shall:
   1. Name each contractor; and
   2. State the amount and type of each contract.
2. All documentation of contracts made under §§ 37-2-21 and 37-2-22 shall be retained for a period of five (5) years and made available for public inspection.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-38. Issuance of specifications.

1. The chief purchasing officer shall have responsibility for issuing and maintaining all standard specifications for supplies, services, and construction required by the state. Among its duties, it shall, to the greatest extent practicable:
   1. Prepare and issue standard specifications for supplies, services, and construction commonly required by the state;
   2. Revise all standard specifications to conform to all technical and scientific advances pertaining to the supplies, services, and construction described in those specifications, and to reflect changes in the state’s requirements and user agencies; and
   3. Establish guidelines for drafting specifications.
2. All specifications shall be drafted so as to maximize, to the extent practicable, competition in fulfillment of the state’s requirements.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-38.1. Certification by building commissioner.

The state controller shall order no payment to any person on account of any contract for any construction which is subject to the state building code, unless and until the state building commissioner has certified to the state controller in writing that:

1. All permits required under § 23-27.3-113.1 for the construction for which such payment has been requested have been issued and are valid; and
2. The state building commissioner has, pursuant to § 23-27.3-113.3.1 , verified that all construction work for which payment has been requested and which state law requires to be performed by licensed persons has been performed by persons so licensed.

History of Section. P.L. 1992, ch. 323, § 1.

37-2-39. Responsibility for selection of methods of construction contracting management.

The chief purchasing officer shall issue regulations providing for as many alternative methods of management of construction contracting as he or she may determine to be feasible, setting forth criteria to be used in determining which method of management of construction is to be used for a particular project, and granting to the purchasing agent, or the purchasing agency responsible for carrying out the construction project, the discretion to select the appropriate method of construction contracting for a particular project, provided, however, that the chief purchasing officer shall execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of management of construction contracting in each instance.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-40. Bid security.

1. Bidder security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the state to exceed fifty thousand dollars ($50,000). Bidder’s security shall be a bond provided by a surety company authorized to do business in this state, or the equivalent in cash, in a form satisfactory to the state. Nothing herein prevents the requirement of bonds on construction contracts under fifty thousand dollars ($50,000) when the circumstances warrant.
2. Bidder’s security shall be in an amount equal to at least five percent (5%) of the amount of the bid.
3. When the invitation for bids requires that bidder security be provided, noncompliance requires that the bid be rejected; provided, however, that the chief purchasing officer may set forth by regulations exceptions to this requirement in the event of substantial compliance.
4. After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids; provided, that, if a bidder is permitted to withdraw his or her bid before award because of a mistake in the bid as allowed by law or regulation, no action shall be had against the bidder or the bidder’s surety.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-41. Contractors’ bonds.

The provisions of chapters 12 and 13 of this title requiring contractors to furnish performance bonds and labor and material payment bonds shall apply to all construction contracts awarded under this chapter. Waiver of the bonding requirements contained in chapters 12 and 13 of this title is expressly prohibited.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2009, ch. 354, § 1.

37-2-42. Price adjustments.

1. For all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, the chief purchasing officer shall specify clauses providing for adjustments to contract terms and conditions where there has been:
   1. A unilaterally ordered change by the state;
   2. A site condition differing from that indicated in the contract except for turnkey contracts or negotiated contracts when appropriate written findings of fact have been made;
   3. Variation in the estimated quantities in a contract providing for estimated quantities; or
   4. A unilateral suspension of work by the state.
2. In addition, there shall also be specified for inclusion in all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, a clause providing that a contract may be terminated for default, or upon written determination which sets forth the excuses for nonperformance. Further, the contract shall provide for liquidated damages when appropriate and as specified in the contract schedule with excuses for nonperformance specifically provided for therein.
3. The above specified clauses and conditions required for inclusion in all construction contracts expected to exceed fifty thousand dollars ($50,000) in price shall be available for optional use in other construction contracts.
4. In addition, there shall also be included in all contracts which are expected to exceed fifty thousand dollars ($50,000), a clause providing for the termination of the contract because of unreasonable delay in the performance thereof, and further providing for liquidated damages and for reimbursement for any monies expended by the state for the completion of the work specified by the terms of the contract.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-43. Contract clauses and their administration.

1. The chief purchasing officer is authorized to issue regulations permitting or requiring the insertion, in contracts for the procurement of supplies or services, of appropriate clauses to enable the chief purchasing officer to effect desired changes and modifications to those contracts.
2. The chief purchasing officer shall issue regulations relating to the termination of contracts for the procurement of supplies or services in the event of (1) default of the contractor, or (2) upon notification to said chief purchasing officer by the director of the department of environmental management that there has been a final adjudication or other resolution, as a result of which a fine of five thousand dollars ($5,000) or more has been imposed, that a contractor has violated any state law or regulation pertaining to the protection of fresh water wetlands (chapter 1 of title 2), coastal wetlands, (chapter 23 of title 46), air quality (chapter 23 of title 23), water quality (chapter 12 of title 46), the installation of individual sewage disposal systems (chapter 17.1 of title 42), the handling and/or disposal of solid waste (chapter 19 of title 23) or hazardous waste (chapter 19.1 of title 23), whether or not such violation has any relation to the contract to be terminated.
3. The chief purchasing officer shall issue regulations relating to the termination of contracts for the procurement of supplies or services for the convenience of the contractor, and/or the state.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1998, ch. 461, § 1.

37-2-44. Cost and pricing principles — Regulations required.

The chief purchasing officer shall issue regulations setting forth cost principles which shall be used:

1. As guidelines in the negotiation of:
   1. Estimated costs of fixed prices when the absence of open marker competition precludes the use of competitive sealed bidding;
   2. Adjustments for state-directed changes or modifications in contract performances; and
   3. Settlements of contracts which have been terminated.
2. To determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs; and
3. As appropriate in any other situation where the determination of the estimated or the incurred costs of performing contracts may be required.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-45. Supply disposition process.

The chief purchasing officer shall sell or otherwise dispose of all property of the state which is not needed, or has become unsuitable for public use, or would be more suitably consistent with the public interest for some other use, as determined by the chief purchasing officer. The disposal of real property shall be subject to the approval of the state properties committee and pursuant to the provisions of chapter 7 of this title. The determination of the chief purchasing officer shall be set forth in an order and shall be reached only after review of a written request by the agency desiring to dispose of the property. The request shall describe the property and state the reasons why the agency believes disposal should be effected. All instruments, required by law to be recorded, which convey any interest in any of the real property so disposed of shall be executed and signed by the acquiring authority pursuant to the provisions of chapter 7 of this title.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-46. Authority to resolve contract and breach of contract controversies.

Prior to the institution of arbitration or litigation concerning any contract, claim, or controversy, the chief purchasing officer is authorized, subject to any limitations or conditions imposed by regulations, to settle, compromise, pay, or otherwise adjust the claim, by or against, or controversy with a contractor relating to a contract entered into by the department of administration on behalf of the state or any state agency, including a claim or controversy based on contract, mistake, misrepresentation, or other cause for contract modification or rescission, but excluding any claim or controversy involving penalties or forfeitures prescribed by statute or regulation where an official other than the chief purchasing officer is specifically authorized to settle or determine the controversy.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-47. Failure to render timely decisions.

This section shall apply to a claim or controversy arising under contracts between the state and its contractors. If the claim or controversy is not resolved by mutual agreement, the chief purchasing officer or his or her designee, shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the contractor. If the chief purchasing officer does not issue a written decision within thirty (30) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the contractor may proceed as if an adverse decision had been received.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-48. Arbitration.

The provisions of chapter 16 of this title shall apply to all contracts awarded under this chapter.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-49. Disputes and appeals procedure.

1. Section 37-2-48 shall apply only to contracts that are not arbitrable under the provisions of chapter 16 of this title.
2. Any person, firm, or corporation having a lawfully authorized written contract with the state at the time of or after January 1, 1990 may bring an action against the state on the contract, including, but not limited to, actions either for breach of contract, enforcement of contract, or both. Any claim shall be commenced in superior court within three (3) years from the date of completion specified in the contract and shall be tried by the court sitting without a jury. The case shall receive a priority position on the calendar. All defenses in law or equity, except the defense of governmental immunity, shall be preserved to the state.
3. The court shall enter its findings as a judgment of the court and the judgment shall have the same effect and be enforceable as any other judgment of the court in civil cases, subject to the provisions of this chapter.
4. Appeals may be taken to the supreme court under the same conditions and under the same practice as appeals are taken from judgments in civil cases rendered by the superior court.
5. If damages awarded on any contract claim under this section exceed the original amount of the contract, the excess shall be limited to an amount which is equal to the amount of the original contract.
6. No person, firm, or corporation shall be permitted more than one money recovery upon a claim for the enforcement of or for breach of contract with the state.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-50. Settlement of dispute.

1. The first five hundred thousand dollars ($500,000) of any arbitration award or superior court judgment against the state awarding damages on a contract claim under the provisions of this chapter shall be a necessary governmental expense. Payment shall be approved by the chief purchasing officer and paid by the state treasurer out of the general fund upon warrants drawn by the chief purchasing officer. Appropriations for these judgments shall be continued appropriations.
2. The governor shall request an appropriation from the next regular session of the general assembly for the purpose of satisfying all awards and judgments granted during the preceding two (2) fiscal years which are not satisfied under subsection (a) of this section.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-51. Decision presumed to be correct.

The decision of any official, board, agent, or other person appointed by the state concerning any controversy arising under or in connection with the solicitation or award of a contract shall be entitled to a presumption of correctness. The decision shall not be disturbed unless it was: procured by fraud; in violation of constitutional or statutory provisions; in excess of the statutory authority of the agency; made upon unlawful procedure; affected by other error or law; clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; arbitrary; capricious; characterized by an abuse of discretion; or clearly unwarranted exercise of discretion.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1997, ch. 326, § 158.

37-2-52. Authority to resolve protests.

1. The chief purchasing officer or his or her designee shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a contract.
2. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a protest with the chief purchasing officer. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after the aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.
3. The chief purchasing officer shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-53. Written determination for continuation of the procurement.

In the event of a protest timely filed under § 37-2-52(b) , the state shall not proceed further with the solicitation or award involved until the chief purchasing officer makes a written and adequately supported determination that continuation of the procurement is necessary to protect a substantial interest of the state.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-54. Chief purchasing officer — Purchases.

1. The chief purchasing officer, except as otherwise provided by law, shall purchase, or delegate and control the purchase of, the combined requirements of all spending agencies of the state including, but not limited to, interests in real property, contractual services, rentals of all types, supplies, materials, equipment, and services, except that competitive bids may not be required:
   1. For contractual services where no competition exists such as sewage treatment, water, and other public utility services;
   2. When, in the judgment of the department of administration, food, clothing, equipment, supplies, or other materials to be used in laboratory and experimental studies can be purchased otherwise to the best advantage of the state;
   3. When instructional materials are available from only one source;
   4. Where rates are fixed by law or ordinance;
   5. For library books;
   6. For commercial items that are purchased for resale;
   7. For professional, technical, or artistic services;
   8. For all other commodities, equipment, and services which, in the reasonable discretion of the chief purchasing officer, are available from only one source;
   9. For interests in real property.
   10. For works of art for museum and public display;
   11. For published books, maps, periodicals, newspaper or journal subscriptions, and technical pamphlets;
   12. For licenses for use of proprietary or patented systems; and
   13. For services of visiting speakers, professors, performing artists, and expert witnesses.
2. Nothing in this section shall deprive the chief purchasing officer from negotiating with vendors who maintain a general service administration price agreement with the United States of America or any agency thereof or other governmental entities, provided, however, that no contract executed under this provision shall authorize a price higher than is contained in the contract between the general service administration and the vendor affected.
3. The department of administration shall have supervision over all purchases by the various spending agencies, except as otherwise provided by law, and shall prescribe rules and regulations to govern purchasing by or for all spending agencies, subject to the approval of the chief purchasing officer; and shall publish a manual of procedures to be distributed to agencies and to be revised upon issuance of amendments to the procedures. No purchase or contract shall be binding on the state or any agency thereof unless approved by the department or made under general regulations which the chief purchasing officer may prescribe.
4. The chief purchasing officer shall adopt regulations to require agencies to take and maintain inventories of plant and equipment. The department of administration shall conduct periodic physical audits of inventories.
5. The department of administration shall require all agencies to furnish an estimate of specific needs for supplies, materials, and equipment to be purchased by competitive bidding for the purpose of permitting scheduling of purchasing in large volume. It shall establish and enforce schedules for purchasing supplies, materials, and equipment. In addition, all agencies shall submit to the department of administration, prior to the beginning of each fiscal year, an estimate of all needs for supplies, materials, and equipment during that year which will have to be acquired through competitive bidding.
6. The director of the department of administration shall have the power: to transfer between departments; to salvage; to exchange; and to condemn supplies and equipment.
7. Unless the chief purchasing officer deems it is in the best interest of the state to proceed otherwise, all property (including any interest in real property) shall be sold either by invitation of sealed bids or by public auction; provided, however, that the selling price of any interest in real property shall not be less than the appraised value thereof as determined by the department of administration or the department of transportation for the requirements of that department.
8. Subject to the provisions of this chapter, the chief purchasing officer shall purchase, or otherwise acquire, all real property determined to be needed for state use, upon the approval of the state properties committee as to the determination of need and as to the action of purchase or other acquisition, provided that the amount paid shall not exceed the appraised value as determined by the department of transportation (for such requirements of that department) or value set by eminent domain procedure.
9. The department of administration shall maintain records of all purchases and sales made under its authority and shall make periodic summary reports of all transactions to the chief purchasing officer, the governor, and the general assembly. The chief purchasing officer shall also report trends in costs and prices, including savings realized through improved practices, to the governor and general assembly.
10. The chief purchasing officer shall attempt in every practicable way to insure that the state is supplying its real needs at the lowest possible cost. Further, to assure that the lowest possible cost is achieved, the chief purchasing officer may enter into cooperative purchasing agreements with other governmental entities.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-55. Imprest fund.

1. Subject to the provisions of this chapter, any budget unit, when provided for by appropriation or when authorized by the department of administration, may establish one or more imprest cash funds for the purpose of making disbursements requiring prompt cash outlay and to carry out the provisions of this chapter. The state treasurer, upon warrants of the chief purchasing officer based upon a requisition from the head of the budget unit, shall pay to the head of that budget unit the amount necessary to establish an imprest fund.
2. A custodian shall be designated by the head of the budget unit and certified by the department of administration after appropriate instruction and testing as qualified to administer the fund. The custodian shall, as often as may be necessary to replenish the fund and at least once each month, file with the chief purchasing officer a schedule of the disbursements from the fund, accompanied by appropriate vouchers and statements of indebtedness therefor approved by the head of the budget unit, and by a certificate as to the condition of the fund. The amount of the total of the approved voucher shall be paid to the custodian of the fund on the warrant of the chief purchasing officer and the amount shall be devoted to reimbursement of the fund. Any question relative to the amount to be allowed in any imprest cash fund, the expenditure thereof, the accounting therefor, and the repayment thereof to the state treasurer, shall be determined by the chief purchasing officer.
3. The agency head shall be responsible for expenditures authorized from those funds and the custodian shall be responsible for administration of the fund. Each agency head and custodian shall be separately bonded in the amount by which the total authorization for the fund exceeds the state blanket bond for those officials.
4. A post-audit of each imprest fund shall be conducted.
5. Each imprest fund shall lapse with the appropriation on which it is based, but may be reestablished by appropriation for the next ensuing year or when authorized by the chief purchasing officer.
6. Where work is done on public projects by the state through the use of its own personnel or facilities, in whole or in part, which work is not subject to the provisions of law for competitive bidding, the budget unit having that work performed may, when authorized by the chief purchasing officer, establish an imprest cash fund for the purpose of defraying the expenses of the proposed project, which fund shall not exceed at any time an amount equal to twenty-five percent (25%) of the anticipated total cost of the project.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-56. Purchasing for municipalities and regional school districts.

Any municipality or regional school district of the state may participate in state master price agreement contracts for the purchase of materials, supplies, services and equipment entered into by the purchasing agent, provided, however, that the contractor is willing, when requested by the municipality or school district, to extend the terms and conditions of the contract and that the municipality or school district will be responsible for payment directly to the vendor under each purchase contract. Unless a state contract is the result of an intergovernmental cooperative purchase contract to which a municipality or school district is a party, the purchasing agent shall not compel a successful bidder to extend the same terms and conditions to a municipality or school district. However, the purchasing agent may, in the interest of obtaining better pricing on behalf of the state and local entities, solicit offers based upon anticipated master price agreement utilization by municipalities and school districts.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2010, ch. 23, art. 13, § 6.

37-2-56.1. Repealed.

History of Section. P.L. 2011, ch. 151, art. 27, § 1; Repealed by P.L. 2011, ch. 392, § 1, effective July 13, 2011.

37-2-57. Repealed.

History of Section. P.L. 1989, ch. 526, § 2; Repealed by P.L. 1999, ch. 367, § 4, effective July 2, 1999.

37-2-58. Review of threshold amounts.

At least every three (3) years, the chief purchasing officer shall review the prevailing costs of labor and materials and may make recommendations to the next regular session of the general assembly for the revision of the then current threshold amounts contained in this chapter as justified by intervening changes in the cost of labor and materials.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-59. Professional services — Architectural, engineering, and consultant services — Committee.

1. It shall be the policy of this state to publicly announce requirements for architectural, engineering, and consultants services, which are reasonably estimated to exceed twenty thousand dollars ($20,000), and to negotiate contracts for such professional services on the basis of demonstrated competence and qualifications and at fair and reasonable prices.
2. Except for architectural, engineering and consultant services which can be solicited and awarded in accordance with the requirements for competitive sealed offers set forth in §§ 37-2-18 — 37-2-19 of this chapter, a selection committee shall select persons or firms to render such professional services. For state agency contracts, the committee shall consist of the following individuals: the purchasing agent, or his or her designee, as chairman; a representative of the user agency; and a public member, appointed by the governor, subject to the advice and consent of the senate, who shall represent the interests of the general public. The governor may appoint an alternate public member, subject to advice and consent of the senate, who shall represent the interests of the general public who shall serve in the absence of the public member. The term of the public member shall be concurrent with that of the governor. Three (3) members, one being the purchasing agent or his or her designee, shall constitute a quorum. A quorum must be present to conduct business.
3. The procurement of auditing and accounting services shall continue to be subject to the provisions of §§ 22-13-6 and 35-7-13 .

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2008, ch. 255, § 1; P.L. 2008, ch. 450, § 1.

37-2-59.1. Selection of professionals with place of business located in Rhode Island.

The state of Rhode Island has a large number of architectural, engineering, and consulting firms well qualified in their fields of endeavor. In instances where contracts are entirely supported by state funds, it is in the best interest of the state pursuant to the provisions of §§ 37-2-59 — 37-2-69 that all other things being equal, the services of these qualified and capable professionals with offices in Rhode Island, or secondly those professionals who propose a joint venture with a Rhode Island firm, be utilized.

History of Section. P.L. 1995, ch. 83, § 1.

37-2-60. Public announcement of needed architectural, engineering, and consultant services.

The chief purchasing officer shall give public notice of the need for architectural, engineering, or consultant services which are reasonably estimated to exceed twenty thousand dollars ($20,000). The public notice shall be published sufficiently in advance of the date when responses must be received in order that interested parties have an adequate opportunity to submit a statement of qualifications and performance data. The notice shall contain a brief statement of the services required, describe the project, and specify how a solicitation containing specific information on the project may be obtained. The notice shall be published in a newspaper of general circulation in the state and in any other publications as in the judgment of the committee shall be desirable.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-61. Solicitation.

1. A solicitation shall be prepared which describes the state’s and/or public agency’s requirements and sets forth the evaluation criteria. It shall be distributed to interested persons.
2. For services reasonably estimated to exceed twenty thousand dollars ($20,000), the committee may require an informational conference be held which describes the criteria to be used in evaluating the statement of qualification, performance data, and selection of firms. Criteria shall include, but are not limited to:
   1. Competence to perform the services as reflected by technical training and education; general experience; experience in providing the required services; and the qualifications and competence of persons who would be assigned to perform the services;
   2. Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously;
   3. Past performance as reflected by the evaluation of private persons and officials of other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines; and
   4. The proposed approach to the project, where applicable.
3. The scope of work shall be discussed and further defined at the bidder’s conference, including on-site visits, if appropriate.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-62. Evaluation of qualifications and performance data.

1. The committee shall evaluate:
   1. Statements that may be submitted in response to the solicitation of architectural, engineering, or consultant services; and
   2. Statements of qualifications and performance data, if their submission was required.
2. All statements and statements of qualifications and performance data shall be evaluated in light of the criteria set forth in the solicitation for architectural, engineering, or consultant services.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-63. Selection of firms for discussion with chief purchasing officer — Final selection.

1. The committee shall select no more than three (3) firms (or two (2) firms, if only two (2) apply) evaluated as being professionally and technically qualified. The firms selected, if still interested in providing the services, may be required to make a representative available to the chief purchasing officer or his or her designee at such time and place as he or she shall determine, to provide such further information as he or she may require.
2. The chief purchasing officer or his or her designee shall negotiate with the highest qualified firm for a contract for architectural, engineering, or consultant services for state departments and agencies at compensation which the chief purchasing officer determines to be fair and reasonable to the state. In making the determination, the chief purchasing officer shall take into account the professional competence of the offerors, the technical merits of the offerors, and the price for which the services are to be rendered. The chief purchasing officer shall be responsible for the final selection of the providers of architectural, engineering or consultant services and shall so inform the purchasing agent.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-64. Professional services — Architectural and engineering services — Public agency.

It shall be the policy of public agencies to publicly announce requirements for architectural and engineering services, which are reasonably estimated to exceed twenty thousand dollars ($20,000), and to negotiate contracts for those professional services on the basis of demonstrated competence and qualifications and at fair and reasonable prices.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-65. Public announcement of needed architectural, engineering or consultant services — Public agency.

The purchasing officer of the public agency shall give public notice of the need for architectural, engineering, or consultant services which are reasonably estimated to exceed twenty thousand dollars ($20,000). The public notice shall be published sufficiently in advance of the date when responses must be received in order that interested parties have an adequate opportunity to submit a statement of qualifications and performance data. The notice shall contain a brief statement of the services required, describe the project, and specify how a solicitation containing specific information on the project may be obtained. The notice shall be published in a newspaper of general circulation in the state and in such other publications as in the judgment of the committee shall be desirable.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-66. Solicitation — Public agency.

1. A solicitation shall be prepared which describes the public agency’s requirements and sets forth the evaluation criteria. It shall be distributed to interested persons.
2. For services reasonably estimated to exceed twenty thousand dollars ($20,000), the committee may require an informational conference be held which describes the criteria to be used in evaluating the statement of qualification, performance data, and selection of firms. Criteria shall include, but is not limited to:
   1. Competence to perform the services as reflected by technical training and education; general experience; experience in providing the required services; and the qualifications and competence of persons who would be assigned to perform the services;
   2. Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously;
   3. Past performance as reflected by the evaluation of private persons and officials of other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines; and
   4. The proposed approach to the project, where applicable.
3. The scope of work shall be discussed and further defined at the bidder’s conference, including on-site visits, if appropriate.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-67. Evaluation of qualifications and performance data.

1. The chief purchasing officer shall evaluate:
   1. Statements that may be submitted in response to the solicitation of architectural or engineering services; and
   2. Statements of qualifications and performance data, if their submission was required.
2. All statements and statements of qualifications and performance data shall be evaluated in light of the criteria set forth in the solicitation for architectural, engineering, or consultant services.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-68. Final selection — Public agency — Directors.

1. The chief purchasing officer shall select no more than (3) firms (or two (2) if only two (2) apply) evaluated as being professionally and technically qualified. The firms selected, if still interested in providing the services, shall make a representative available to the directors of the public agency at such time and place as they shall determine, to provide such further information as they may require.
2. The directors of the public agency shall negotiate with the highest qualified firm for a contract for architectural, engineering, or consultant services for the public agency at compensation which the directors determine to be fair and reasonable to the public agency. In making the determination, the directors shall take into account the professional competence of the offerors, the technical merits of the offerors, and the price for which the services are to be rendered. The directors of the public agency shall be responsible for the final selection of the providers of architectural, engineering, or consultant services.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-69. Provision of architectural, engineering, or consultant services not exceeding twenty thousand dollars.

1. State agencies.  (1) For every state project requiring architectural or engineering services, the fees for which are not reasonably expected to exceed twenty thousand dollars ($20,000), the state agency shall forward to the chief purchasing officer a request for those services through the state purchasing office. (2) For every state agency project requiring consultant services, the fees for which are not reasonably expected to exceed twenty thousand dollars ($20,000), the state agency shall forward to the chief purchasing officer a request for such services through the state purchasing office with a proposed scope of work and, if possible, the names of three recommended qualified contractors, along with a written evaluation of the qualifications of each potential contractor. (3) The purchasing agent shall request offers from potential contractors in writing and shall notify potential contractors that any contract resulting from such solicitation shall not exceed a total value of twenty thousand dollars ($20,000), including change orders. (4) The chief purchasing officer shall be responsible for the final selection of a qualified architectural, engineering, or consultant firm for the project and shall so inform the purchasing agent. The chief purchasing officer shall use the criteria set forth in § 37-2-61 in making that determination. The determination shall be justified in writing.
2. Public agencies.  For every public agency project requiring architectural, engineering, or consultant services, the fees for which are not reasonably expected to exceed twenty thousand dollars ($20,000), the public agency chief operating officer shall be responsible for the final selection of a qualified architectural, engineering, or consultant firm for the project. The public agency chief operating officer shall notify the board of directors of the public agency of that selection. The public agency chief operating officer shall use the criteria set forth in § 37-2-66 in making the determination. That determination shall be justified in writing.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-70. Professional services — Legal.

1. Before a state governmental entity procures the services of an attorney, a state agency shall demonstrate to the satisfaction of the chief purchasing officer or a public agency shall demonstrate to the satisfaction of the directors of the public agency the following:
   1. The need for the services, including the scope of the services to be performed;
   2. That no legal personnel employed by the state on a full-time basis is available to perform those services;
   3. That funding is available, indicating from which sources the funding is to be provided;
   4. That attorneys to be engaged meet the following minimum requirements:
      1. Appropriate professional licensing;
      2. Competence to perform those services as reflected by formal training and education, general experience, experience in providing the required services, and the qualifications and competence of persons who would be assigned to perform the services; and
      3. Ability to perform the services as reflected by workload and availability of adequate personnel, equipment, and facilities to perform the services expeditiously.
2. The attorney shall enter into a letter of engagement with the state. The letter of engagement shall state the rate of compensation, the scope of the services to be performed for the compensation, and provision for the payment of expenses incurred in connection with legal services. The letter of engagement shall certify that the rate of compensation does not exceed the rate of compensation charged by counsel to his or her preferred public or private clients. A letter of engagement shall not be for more than one year.
3. Nothing herein shall prevent the issuance of a public solicitation of requests for qualifications or the conduct of pricing negotiations prior to contract award. All requests for qualifications shall be solicited through utilization of the Rhode Island vendor information program (RIVIP) as set forth in § 37-2-17.1 .
4. Each state department and each state government entity which procures the services of an attorney who is not an employee of that department or body shall, on or before March 1 of each year, prepare and submit to the director of the department of administration an annual report of outside legal services, which report shall identify and set forth:
   1. The name, firm, affiliation, and address of each attorney or law firm retained by the department or entity during the previous calendar year and/or of each attorney or law firm to whom the department or entity paid any fees or other payments during the previous calendar year;
   2. The amount of all fees or other payments from public funds made by the department or entity to any such attorney or law firm during the previous calendar year.
5. The director of the department of administration shall annually compile all annual reports of outside legal services and present them, together with an executive summary thereof, to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the senate and house committees on finance, not later than May 1 of each year.

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1; P.L. 2007, ch. 422, § 1.

37-2-71. Repealed.

History of Section. P.L. 1989, ch. 526, § 2; Repealed by P.L. 1999, ch. 367, § 4, effective July 2, 1999.

37-2-72. Professional services — Medical and dental consultant services.

1. Before a state governmental entity procures the services of an individual consulting physician or dentist, it shall demonstrate to the satisfaction of the chief purchasing officer the following:
   1. The need for the services, including the scope of the services to be performed;
   2. That no medical or dental personnel employed by the state on a full-time basis is available to perform the services;
   3. That funding is available, indicating from which sources the funding is to be provided; and
   4. That medical or dental consultants to be engaged meet the following minimum requirements:
      1. Appropriate professional license or certification; and
      2. Competence to perform the services as reflected by formal training and education, general experience, and experience in providing the required services.
2. Medical or dental services which are not provided by individual consulting physicians and dentists shall be obtained through competitive solicitation procedures where service providers shall demonstrate that they possess appropriate professional licenses or certifications and competence to perform the services — as reflected by formal training and education, general experience and experience in providing the required services.
3. Nothing herein shall prevent the issuance of a public solicitation of requests for qualifications or the conduct of pricing negotiations prior to contract award. All requests for qualifications shall be solicited through utilization of the Rhode Island vendor information program (RIVIP) as set forth in § 37-2-17.1 .

History of Section. P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.

37-2-73. Purchasing of pest control services — Effect of an order by the director of environmental management.

Upon receipt of an order from the director of environmental management pursuant to § 23-25-28(a)(1) , the purchasing agent shall take such steps as are necessary to insure that the named business or commercial applicator shall not be eligible to receive state contracts for pest control services for the duration of the period enumerated in the director’s order.

History of Section. P.L. 1989, ch. 526, § 2.

37-2-74. Printing, binding, advertising, and election expenses.

All printing, binding, advertising, and election expenses in connection with all primaries and elections, advertising Rhode Island, and all legislative printing, including the printing of the public laws and acts and resolves, shall be purchased by the secretary of state and in respect to those purchases, the department of state shall be exempt from the requirements of this chapter which relate to the function of purchasing.

History of Section. P.L. 1989, ch. 224, § 2.

37-2-75. Prohibition against the use of lead based paints.

When purchasing paint products or contracting or subcontracting for painting, construction, improvement, completion, or repair of any public building, any public road, any public bridge, or any public construction, all governmental bodies and public agencies, as defined by §§ 37-2-7(11) and 37-2-7(16) , shall be prohibited from the use of lead based paint.

History of Section. P.L. 1993, ch. 382, § 2.

37-2-76. State purchase of recycled products.

1. The state shall, through its purchasing policy and practice, affirmatively promote the use of recycled products. The department of administration in conjunction with the department of environmental management shall, through regulations, establish a time table requiring increased utilization by the state of recycled products. In January of each year, the department of administration shall report to the general assembly the state’s progress in utilizing recycled products materials and supplies for the preceding twelve (12) months.
2. With respect to office paper products, at least fifty percent (50%) of the expenditure for office paper products purchased by the state of Rhode Island, its agencies, and departments, shall be recycled paper products by fiscal year 1995.
3. The department of administration in conjunction with the department of environmental management shall annually establish comprehensive technical specifications based on research by the department of environmental management for the recycled products, materials, and supplies to be purchased by the state under this section. These specifications shall include the minimum performance and quality attributes as well as minimum preconsumer and post-consumer content.
4. The director of the department of administration, acting as chief purchasing officer of the state, shall direct that all subsequent purchases of the subject recycled products, materials, and supplies by the state, its agencies, and departments shall meet the source certification of pre-consumer and/or post-consumer content standards established under subsection (c) of this section.
5. Subsequent discovery by the state, its agencies, or departments that products delivered by vendors to the state as “recycled products” do not satisfy the specifications of “recycled” content stated in the award, shall be grounds for the return of all discrepant goods, refunding of all money paid, termination of all outstanding contracts and orders, and at the discretion of the chief purchasing officer suspension of the vendor’s involvement in state procurement for a period of up to twenty-four (24) months.

History of Section. P.L. 1993, ch. 402, § 2.

37-2-76.1. Additional definitions.

For the purposes of § 37-2-76 :

1. “Office paper products” means any paper used by the state for the purpose of writing, printing, copying, and/or typing, including, but not limited to, computer, bond, xerographic, forms and/or duplicator paper, envelopes, business cards, index cards, and writing pads, either white or colored.
2. “Post-consumer content” means those materials generated by a business or consumer which have served their intended end uses and which have been separated or diverted from solid waste. Printer’s waste, lathe wastes, and other wastes generated during production of an end product and undistributed finished products are not “post-consumer content”.
3. “Preconsumer content” means any material generated during any steps in the production of an end product, but does not include any waste material or by product that can be reused or has been normally reused within the same plant or another plant of the same parent company.
4. “Recycled product” shall mean a product containing preconsumer content and post-consumer content.

History of Section. P.L. 1993, ch. 402, § 2.

37-2-77. International Trade Agreements — Procurement rules — General Assembly approval.

1. As used in this section, “International Trade Agreement” means a trade agreement between the federal government and a foreign country to which the state, at the request of the federal government, is a party. International Trade Agreement does not include a trade agreement between the state and a foreign country to which the federal government is not a party.
2. Except as provided in subsection (c) of this section, state officials, including the governor, may not:
   1. Commit the state to the government procurement rules of an “International Trade Agreement”; or
   2. Give consent to the federal government to commit the state to the government procurement rules of an International Trade Agreement.
3. The governor may commit the state or give consent to the federal government to commit the state to the government procurement rules of an International Trade Agreement only if the general assembly enacts legislation that explicitly authorizes the governor to commit the state or give consent to the federal government to commit the state to the government procurement rules of a specific International Trade Agreement.
4. Any consent that a state official, including the governor, has given for the state to be committed by the government procurement rules of any International Trade Agreement on or before the effective date of this section [June 23, 2006] is declared invalid and the state is not committed by the government procurement rules of any International Trade Agreement for which a state official, including the governor, has given consent for the state to be committed to on or before the effective date of this section [June 23, 2006].

History of Section. P.L. 2006, ch. 171, § 1; P.L. 2006, ch. 647, § 1.

37-2-78. Severability.

If any part or provision of this chapter or the application of any part or provision to any person, entity, or circumstances is judged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part of or provision of or application directly involved in the controversy in which the judgment has been rendered and shall not affect or impair the validity of the remainder of this law or its application to other persons, entities, or circumstances.

History of Section. P.L. 2006, ch. 171, § 1; P.L. 2006, ch. 647, § 1.

37-2-79. Establishment of the Rhode Island Strategic Purchasing Advisory Commission.

In order to provide a means of collaboration between the state, cities/towns and school committees a permanent advisory commission is established named the “Rhode Island Strategic Purchasing Advisory Commission.” This Advisory Commission will consist of nine (9) members including: (1) the state purchasing agent or his or her designee, who will serve as chair, (2) a designee of the board of regents of the Rhode Island department of elementary and secondary education, (3) a designee of the board of governors of higher education, (4) a designee of the Rhode Island School Committees Association, (5) a designee of the Rhode Island League of Cities and Towns, (6) a designee of the Association of School Business Officials, (7) a designee of the Rhode Island Municipal Purchasing Agents Association, (8) a designee of the Rhode Island economic development corporation and, (9) a designee of the state budget officer.

History of Section. P.L. 2006, ch. 246, art. 38, § 22.

37-2-80. Selection of vendors and services with place of business located in Rhode Island.

The State of Rhode Island has a large number of well-qualified vendors and service-oriented businesses. In instances where contracts are entirely supported by state funds and two (2) or more vendors or service providers are judged to be equal on all other factors, the chief purchasing officer shall select a vendor or service provider whose headquarters or primary place of business is located within the state or secondly select those entities that propose a joint venture with a vendor or service provider whose headquarters or primary place of business is within the state.

This section shall not apply to contracts that are financed in part or in their entirety by the federal government, including, but not limited to, contracts supported by the Federal Highway Administration (FHA), the Federal Railroad Administration (FRA), the Federal Aviation Administration (FAA) or the Environmental Protection Agency (EPA).

History of Section. P.L. 2010, ch. 243, § 1; P.L. 2010, ch. 250, § 1.

37-2-81. Authority to conduct state and national background checks for vendors with access to federal tax information.

1. Definitions.  As used in this section, the following terms shall be defined as follows:
   1. “Access,” shall mean the direct and indirect use, contact, handling or viewing of federal tax information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood or extent of such access or whether the access is intentional or inadvertent.
   2. “Agency” or “state agency,” shall mean a Rhode Island state department within the executive branch.
   3. “Agency head” shall mean the director or designee of a state department for which the vendor is providing services.
   4. “Division” shall mean the division of purchases.
   5. “Federal tax information” or “FTI” shall mean:
      1. Federal tax returns or information created or derived from federal tax returns that is in an agency’s possession or control, which is covered by the confidentiality protections of the Internal Revenue Code and subject to 26 U.S.C. § 6103(p)(4) safeguarding requirements, including oversight by the Internal Revenue Service (“IRS”); and is received directly from the IRS or obtained through an authorized secondary source, such as the Social Security Administration (SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and
      2. Shall not include federal tax returns or information created or derived from federal tax returns received directly from taxpayers or other third-parties.
   6. “Vendor” shall mean any individual, firm, corporation, partnership or other corporate entity, including employees, subcontractors, who are performing services for the state and has access, as defined herein, to FTI.
2. The agency head shall require a vendor to complete a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of a vendor’s employees and subcontractors if the services to the state require or include, or may require or include, access to FTI. This requirement for a vendor shall be incorporated by reference into the vendor’s agreement with the state. No new vendor employee or subcontractor who has or may have access to FTI shall perform services for the State until the person is deemed suitable by the agency head. Existing vendor employees and subcontractors, as of September 1, 2019, shall complete the background check requirement within a reasonable time as approved by the agency head.
3. The national fingerprint-based criminal background check shall be facilitated through the Rhode Island office of the attorney general or other law enforcement authorized agency, using the same criteria established under § 36-3-16 for applicants and current state employees. The information shall be forwarded to the Federal Bureau of Investigation (FBI) for a national criminal history check, according to the policies, procedures, and/or regulations established by the office of the attorney general or other law enforcement authorized agency. The office of the attorney general or other law enforcement authorized agency may disseminate the results of the national criminal background checks to the Department of Administration and/or the agency head where the services are being provided.
4. Reciprocity.  Nothing herein shall prevent the agency head, at his or her discretion, from accepting a recent national fingerprint-based criminal background check for a vendor related to FTI access conducted in another suitable jurisdiction.
5. The agency head may receive criminal offender record information to the extent required by federal law and the results of checks of national criminal history information databases under Public Law 92-544. Upon receipt of the results of state and national criminal background checks, the agency head shall treat the information as non-public and exempt from disclosure in accordance with the Rhode Island access to public records act, § 38-2-2(4)(B) . Information acquired by any agency in the background check process pursuant to this section shall be used solely for the purpose of making a determination as to the suitability of a vendor in a position which requires or includes, or may require or include, access to FTI.
6. The state shall not be responsible for any fees charged through the office attorney general, other law enforcement authorized agency or other jurisdiction to conduct the state and national background check for vendor.
7. A vendor who refuses to comply with the fingerprint-based background check requirement shall be considered unsuitable for services requiring or involving, or which may require or involve, access to FTI. Refusal to comply by the vendor may result in termination of the contract with the State and/or other procurement sanctions if appropriate. Nothing herein shall prevent the vendor from replacing an employee or subcontractor who refuses to comply with this requirement, subject to written approval by the agency head.
8. Upon receipt of the results of a state and national criminal background check for the vendor the agency head shall review the results and determine the suitability of the person with regard to service in a position requiring or involving, or which may require or involve, access to FTI. In making a determination of suitability, the agency head may consider mitigating factors relevant to the vendor’s scope of work and the nature of any disqualifying offense. Unsuitability of a vendor may result in termination of the contract with the state and/or a requirement that the vendor replace the employee or subcontractor, with a suitable person, subject to written approval by the agency head.
9. If the office of the attorney general or other law enforcement authorized agency receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the subject person shall be responsible for resolving any issues in other jurisdictions causing an incomplete background check. The vendor shall immediately notify the state in writing the name and circumstances of any employees or subcontractors who have received an incomplete background check. Failure to establish suitability of a vendor employee, subcontractor or other agent may result in termination of the contract with the state and/or a requirement that the vendor replace the employee, subcontractor or other agent with a suitable person, subject to written approval by the agency head.
10. Nothing in this section shall limit or preclude an agency’s right to carry on a background investigation of a vendor using other authorized means.
11. The department of administration is hereby authorized to promulgate and adopt regulations necessary to carry out this section.
12. The judicial branch is hereby authorized to comply with the provisions herein related to vendors working on behalf of the judiciary receiving access to FTI.

History of Section. P.L. 2019, ch. 88, art. 3, § 7.

37-2.1-1. Short title.

This chapter shall be known and may be cited as the “Steel Products Procurement Act.”

History of Section. P.L. 1979, ch. 299, § 1.

37-2.1-2. Purpose.

1. This chapter shall be deemed to be an exercise of the police powers of the state for the protection of the health, safety, and general welfare of the people of the state.
2. It is hereby determined by the general assembly of Rhode Island and declared as a matter of legislative findings that:
   1. The United States is one of the leading countries in the production and use of steel and its allied products;
   2. The use of steel products constitutes a major industry of the United States and, as such, provides the jobs and family incomes of millions of people in the United States;
   3. The taxes paid to Rhode Island and the United States by employers and employees engaged in the production and sale of steel products are one of the largest single sources of public revenues in this country;
   4. It has for many years been the policy of the state to aid and support the development and expansion of industry in the United States in order to foster the economic well-being of the state and its people; and
   5. The economy, general welfare, and national security of the United States are inseparably related to the preservation and development of the steel industry in the United States.
3. The general assembly therefore declares it to be the policy of the state that all public officers and agencies should, at all times, aid and promote the development of the steel industry of the United States in order to stimulate and improve the economic well-being of the state and its people.

History of Section. P.L. 1979, ch. 299, § 1.

37-2.1-3. Purchase of steel and steel products.

1. Every public agency shall require that every contract document for the construction, reconstruction, alteration, repair, improvement, or maintenance of public works contain a provision that if any steel products are to be used or supplied in the performance of the contract only steel products as herein defined shall be used or supplied in the performance of the contract or any subcontracts thereunder.
2. This section shall not apply in any case where the head of the public agency, in writing, determines that steel products as herein defined are not produced in or readily available in the United States or that the steel products shall not exceed fifteen percent (15%) of the costs of any other steel products obtainable nationally or internationally.

History of Section. P.L. 1979, ch. 299, § 1.

37-2.1-4. Payment.

No public agency shall authorize, provide for, or make any payments to any person under any contract containing the provision required by § 37-2.1-3 unless the public agency is satisfied that the person has fully complied with that provision. Any payments made to any person by any public agency which should not have been made, as a result of this section, shall be recoverable directly from the contractor or subcontractor who did not comply with § 37-2.1-3 by either the public agency or the attorney general upon suit filed in the court of any county.

History of Section. P.L. 1979, ch. 299, § 1.

37-2.1-5. Definitions.

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

1. “Person” means natural persons as well as corporations, partnerships, business units, and associations;
2. “Public agency” means any and all other public bodies, authorities, officers, agencies, or instrumentalities, whether exercising a governmental or proprietary function;
   1. The state and its departments, boards, commissions and agencies;
   2. Cities, towns, school districts, and any other governmental unit or district; or
   3. Any and all other public bodies, authorities, officers, agencies, or instrumentalities, whether exercising a governmental or proprietary function;
3. “Public works” means steel to construct, frame or reinforce any public structure, building, highway, waterway, street, bridge, transit system, airport, or other betterment, work, or improvement, whether of a permanent or temporary nature, and whether for governmental or proprietary use;
4. “Steel products” means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of these operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process; and
5. “United States” means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.

History of Section. P.L. 1979, ch. 299, § 1.

37-2.2-1. Short title and purpose.

This chapter shall be known as the “Disability Business Enterprises Act.” The purpose of this chapter is to carry out the state’s policy of supporting the fullest possible participation of small disadvantaged businesses owned and controlled by persons with disabilities in state funded and state directed public construction, public projects, and in state purchases of goods and services. This includes assisting disadvantaged disability businesses throughout the life of contracts in which they participate.

History of Section. P.L. 1987, ch. 438, § 1; P.L. 1992, ch. 176, § 1; P.L. 1997, ch. 150, § 12; P.L. 2004, ch. 257, § 1; P.L. 2004, ch. 353, § 1; P.L. 2012, ch. 210, § 1; P.L. 2012, ch. 245, § 1.

37-2.2-2. Definitions.

As used in this chapter, the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

1. “Persons with disabilities” or “person with a disability” shall mean any individual who has a physical or mental impairment which constitutes a substantial barrier to employment as certified by the department of human services or the department of behavioral healthcare, developmental disabilities and hospitals.
2. “Small disadvantaged businesses owned and controlled by persons with disabilities” shall mean small business concern, which is at least fifty-one percent (51%) owned by one or more person(s) with disabilities or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more disabled person, whose management and daily business operations are controlled by one or more person(s) with disabilities, and have fifty or fewer employees.
3. “A physical or mental impairment” shall mean any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

History of Section. P.L. 1987, ch. 438, § 1; P.L. 1992, ch. 176, § 1; P.L. 1997, ch. 150, § 12; P.L. 1998, ch. 354, § 1; P.L. 2004, ch. 257, § 1; P.L. 2004, ch. 353, § 1; P.L. 2011, ch. 363, § 34; P.L. 2012, ch. 210, § 1; P.L. 2012, ch. 245, § 1; P.L. 2013, ch. 501, § 101.

37-2.2-3. Repealed.

History of Section. P.L. 1987, ch. 438, § 1; P.L. 1996, ch. 268, § 1; P.L. 1997, ch. 150, § 12; P.L. 1998, ch. 354, § 1; P.L. 2004, ch. 257, § 1; P.L. 2004, ch. 353, § 1; Repealed by P.L. 2012, ch. 210, § 2, effective June 12, 2012; Repealed by P.L. 2012, ch. 245, § 2, effective June 14, 2012.

37-2.2-3.1. Policy and applicability.

1. It is the policy of the state of Rhode Island that small disadvantaged disability businesses shall have the maximum opportunity to participate in the performance of procurements and projects as outlined in this chapter. This chapter shall apply to any and all state purchasing, including, but not limited to, the procurement of goods and services, construction projects, or contracts funded in whole or in part by state funds, or funds which, in accordance with a federal grant or otherwise, the state expends or administers or in which the state is a signatory to the construction contract.
2. The director of administration, in consultation with the governor’s commission on disabilities, is authorized and directed to establish rules and regulation formulas for awarding contracts to small disadvantaged businesses owned and controlled by persons with disabilities in the procurement of goods, services, construction projects, or contracts funded in whole or in part by state funds, in accordance with § 37-2-9(b)(14) on or before January 1, 2013.

History of Section. P.L. 1992, ch. 176, § 1; P.L. 1997, ch. 150, § 12; P.L. 1997, ch. 326, § 159; P.L. 2004, ch. 257, § 1; P.L. 2004, ch. 353, § 1; P.L. 2011, ch. 363, § 34; P.L. 2012, ch. 210, § 1; P.L. 2012, ch. 245, § 1.

37-2.2-4. Disability business enterprise committee — Membership — Duties.

1. There is hereby established within the governor’s commission on disabilities a committee, consisting of seven (7) persons, to be known as the disability business enterprise committee.
2. The committee, shall consist of the director of the department of human services or his or her designee; the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee; the chief executive officer of the Rhode Island commerce corporation or his or her designee; the director of administration or his or her designee; and three (3) persons with disabilities appointed by the chairperson of the governor’s commission on disabilities. All members of the committee shall serve without compensation. Of the number appointed originally under this chapter, one-third (1/3) shall be appointed for a term of one year; one-third (1/3) shall be appointed for a term of two (2) years; and one-third (1/3) shall be appointed for a term of three (3) years. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The chairperson of the governor’s commission on disabilities or his or her designee shall serve as chairperson of the committee. The members of the committee shall elect a vice chairperson and other officers as are necessary from amongst themselves annually.
3. The governor’s commission on disabilities shall promulgate such rules and regulations, in accordance with the Administrative Procedures Act, chapter 35 of title 42, as are necessary and proper to ensure responsible management, operation, oversight of the committee, and ensure that all businesses referred to in § 37-2.2-3.1 meet all applicable government regulations and standards, including those of the United States department of labor, the state department of human services, and the chief purchasing officer with regard to developing a program which involves small disadvantaged businesses as contractors, § 37-2-9(b)(14) .
4. The committee shall establish a procedure to certify small disadvantaged disability businesses that qualify under § 37-2.2-3.1 and submit a list of the certified small disadvantaged disability businesses and the products and services provided by them to the chief purchasing officer at least once a year. The chief purchasing officer shall utilize that procurement list in the program which involves small disadvantaged businesses as contractors established by § 37-2-9(b)(14) .

History of Section. P.L. 1987, ch. 438, § 1; P.L. 1992, ch. 176, § 1; P.L. 1996, ch. 268, § 1; P.L. 1997, ch. 150, § 12; P.L. 1997, ch. 326, § 159; P.L. 2004, ch. 257, § 1; P.L. 2004, ch. 353, § 1; P.L. 2011, ch. 363, § 34; P.L. 2012, ch. 210, § 1; P.L. 2012, ch. 245, § 1.

37-2.2-5. Nonapplicability to road and highway construction businesses.

Notwithstanding anything to the contrary, the provisions of this chapter shall not apply to any business whose primary business is road or highway construction.

History of Section. P.L. 2004, ch. 257, § 2; P.L. 2004, ch. 353, § 2.

37-2.3-1. Short title.

This chapter shall be known and may be cited as the “Government Oversight and Fiscal Accountability Review Act.”

History of Section. P.L. 2006, ch. 172, § 1; P.L. 2006, ch. 646, § 1.

37-2.3-2. Legislative intent.

The legislature finds and declares that using private contractors to provide public services normally provided by public employees does not always promote the public interest. To ensure that citizens of this state receive high quality public services at low costs, with due regard for the taxpayers of this state, and the service recipients, the legislature finds it necessary to ensure that access to public information guaranteed by the access to public records act is not in any way hindered by the fact that public services are provided by private contractors.

History of Section. P.L. 2006, ch. 172, § 1; P.L. 2006, ch. 646, § 1.

37-2.3-3. Definitions.

As used in this chapter, the following terms shall have the following meanings:

1. “Agency” includes any executive office, department, division, board, commission, or other office or officer in the executive branch of the government.
2. “Person” includes an individual, institution, federal, state, or local governmental entity, or any other public or private entity.
3. “Private contractor employee” includes a worker directly employed by a private contractor, as defined in this section, as well as an employee of a subcontractor or an independent contractor that provides supplies or services to a private contractor.
4. “Privatization or privatization contract” means an agreement or combination or series of agreements by which a non-governmental person or entity agrees with an agency to provide services expected to result in a fiscal year expenditure of at least one hundred fifty thousand dollars ($150,000), which would contract services which are substantially similar to and in replacement of work normally performed by an employee of an agency.

   “Privatization” or “privatization contract” excludes:

   1. Contracts resulting from an emergency procurement;
   2. Contracts with a term of one hundred eighty (180) days or less on a non-recurring basis;
   3. Contracts to provide highly specialized or technical services not normally provided by state employees;
   4. Any subsequent contract which renews or rebids a privatization contract that was subject to the provisions of this statute after its enactment; and
   5. An agreement to provide legal services or management consulting services.
5. “Privatization contractor” is any vendor, contractor, consultant, subcontractor, independent contractor or private business owner that contracts with a state agency to perform services in accordance with the definition of a “privatization contract.”
6. “Services” includes, with respect to a private contractor, all aspects of the provision of services provided by a private contractor pursuant to a privatization contract, or any services provided by a subcontractor of a private contractor.

History of Section. P.L. 2006, ch. 172, § 1; P.L. 2006, ch. 646, § 1; P.L. 2008, ch. 121, § 3; P.L. 2008, ch. 139, § 3; P.L. 2011, ch. 363, § 35; P.L. 2014, ch. 145, art. 9, § 3.

37-2.3-4. Fiscal monitoring of privatization contracts.

Each private contractor shall file a copy of each executed subcontract or amendment to the subcontract with the agency, which shall maintain the subcontract or amendment as a public record, as defined in the access to public records act.

1. Audits.  Privatization contracts shall be subject to audit or review, as defined by the American Institute of Certified Public Accountants, by the office of the auditor general at the discretion of the auditor general. Any audit or review shall be conducted in compliance with generally accepted auditing standards.
2. Access.  All privatization contracts shall include a contract provision specifying language that provides public access to the complete contract.
3. Fiscal accountability.  As part of the budgetary process, each state agency shall include in their submitted budget request a listing of all privatization contracts for the prior, current and subsequent fiscal years. For the prior fiscal year, the listing shall include the name of each contractor; a description of the services provided; the amount expended for the fiscal year; the positions employed by title, if applicable; and the hourly wage paid by position, if applicable. For the current and upcoming fiscal years, the listing shall include the name of each contractor, if known at the time the listing is prepared; a description of the services to be provided; the amount budgeted for the contract in each fiscal year; the positions to be employed by title, if known and applicable; and the hourly wage to be paid by position, if known and applicable. Positions shall be reflected as full-time equivalent positions. The listings shall be published annually online at the state’s transparency portal or an equivalent website, available for public inspection, no later than December 1 of each year.

History of Section. P.L. 2006, ch. 172, § 1; P.L. 2006, ch. 646, § 1; P.L. 2014, ch. 145, art. 9, § 3.

37-2.4-1. Definitions.

The words defined in this section have the meanings set forth below whenever they appear in this chapter, unless context in which they are used clearly requires a different meaning or a different definition as prescribed for a particular section, group of sections, or provision:

1. “Board” means the habilitation procurement board created under this section;
2. “Habilitation facility” means a program that is operated primarily for the purpose of the employment and training of persons with a disability by a government agency or a qualified organization licensed by the State of Rhode Island providing vocational rehabilitation to support people with disabilities and:
   1. Maintains an employment ratio of at least forty percent (40%) of the program employees under the procurement contract in question have severe disabilities;
   2. Complies with any applicable occupational health and safety standards prescribed by the United States Department of Labor or is a supported employment program approved by the state of Rhode Island office of rehabilitation services;
   3. Has its principal place of business in Rhode Island;
   4. Produces any goods provided under this section in Rhode Island; and
   5. The services provided, in accordance with the provisions of this chapter, are provided by individuals with the majority being domiciled residents of the state of Rhode Island.
3. “Person with a disability” means any individual who has a severe physical or mental impairment that constitutes a substantial barrier to employment, as certified by the department of human services or the department of behavioral healthcare, developmental disabilities and hospitals.

History of Section. P.L. 2011, ch. 244, § 1; P.L. 2011, ch. 261, § 1; P.L. 2014, ch. 414, § 1; P.L. 2014, ch. 451, § 1.

37-2.4-2. Habilitation procurement board.

1. There is created the habilitation procurement board within the division of purchasing and general services of the department of administration. The board shall be composed of the following five (5) members:
   1. The chief purchasing officer as defined in subdivision 37-2-7(3) or his/her designee;
   2. The director of the department of behavioral healthcare, developmental disabilities and hospitals created under title 40.1 or his/her designee;
   3. The director of the department of human services created under title 40 or his/her designee;
   4. A person with a disability who shall be appointed to a three (3) year term by the governor with the advice and consent of the senate;
   5. A representative of the private business community who shall be appointed to a three (3) year term by the governor with the advice and consent of the senate;
2. The board shall meet, as needed, to facilitate the procurement of goods and services from habilitation facilities by a public procurement unit under this chapter by:
   1. Identifying goods and services that are available from habilitation facilities according to the requirements under subsections 37-2.4-3 (a), (b) and (c);
   2. Helping to ensure that the goods and services are provided at reasonable quality and delivery levels;
   3. Recommending to the chief purchasing officer prices in accordance with subdivision 37-2.4-3 (a)(3) for goods and services that are identified in subdivision (b)(1) of this section;
   4. Developing, maintaining, and recommending to the chief purchasing officer a preferred procurement contract list of goods and services identified and priced under subdivisions (b)(1) and (2) of this section;
   5. Reviewing bids received by a habilitation facility and making a recommendation of contract award to the chief purchasing officer, the awarding authority that will issue the final purchase order and renew specified contracts for set contract times, without competitive bidding, for the purchase of goods and services as provided for in § 37-2.4-3; and
   6. Collecting and reporting program data.
3. The provisions of subsection 37-2.4-2(b) and subdivision 37-2.4-3(1) are an exception to the procurement provisions under this chapter.
4. If two (2) or more certified habilitation facilities bid on the solicitation of services, the purchasing agent, as defined in subdivision 37-2-7(19) , of the state agency shall award a contract to one of the certified habilitation facility based on a competitive price determination.
5. The board is authorized to create advisory committees to assist it in the performance of the board’s responsibilities.

History of Section. P.L. 2011, ch. 244, § 1; P.L. 2011, ch. 261, § 1.

37-2.4-3. Purchasing.

1. This section shall not apply with respect to the procurement of any commodity which is available for procurement from an entity established pursuant to chapter 7 of title 13 (“Prisoner Made Goods”) or chapter 9 of title 40 (“Services for People who are Blind or Visually Impaired”) and as provided under subsection (e) of this section and notwithstanding any provision in this chapter or the general or public laws to the contrary, any state agency shall purchase goods and services produced by a habilitation facility using the preferred procurement contract list approved pursuant to § 37-2.4-2(b)(3) providing that:
   1. The goods or services offered for sale by a habilitation facility reasonably conform to the needs and specifications of the public procurement unit;
   2. The habilitation facility can supply the goods or services within a reasonable time; and
   3. The price of the goods or services is reasonably competitive with the cost of procuring the goods or services from another source.
2. If there is no price agreement in place that a state agency plans to use, a price can be negotiated between the habilitation facility that can meet the specifications of the board. The board will make a recommendation to the director of administration.
3. Existing multi-year contracts can continue through their term. New multi-year requirements for services must follow the process for purchasing from the habilitation facility.
4. Each habilitation facility:
   1. May submit a price for a product or service to the board at any time and not necessarily in response to a request for bids; and
   2. Shall certify on any bid it submits to the board or to a public procurement unit under this section that is claiming a preference under this section.
5. During a fiscal year, the requirement for a public procurement unit to purchase goods and services produced by a habilitation facility under the preferred procurement list under subsections (a), (b), and (c) of this section does not apply if the division of purchasing and general services determines that the total amount of procurement contracts with habilitation facilities has reached three million dollars ($3,000,000) for that fiscal year. The total amount of procurement contracts can be changed with a recommendation by the board and approval from the director of administration.
6. Any state agency that has awarded a solicitation for goods and services to a certified habilitation facility shall, before the expiration of the term of the contract, renegotiate a fair and reasonable price for the services with the certified habilitation facility that has performed the services for the state agency. The state agency is not permitted to solicit new bids for the product or service unless one of the following occurs:
   1. The certified habilitation facility no longer wishes to perform the services for the state agency;
   2. The state agency decides to perform the services internally and hires employees who will be employees of the state to perform the services;
   3. The state agency no longer needs the service that was provided by the habilitation facility;
   4. The habilitation facility has not met the requirements for the services offered; or
   5. The habilitation facility and the state agency are unable to agree to fair and reasonable terms of a new contract for the habilitation facility’s services during the negotiation process.
7. Any state agency that has awarded a solicitation for services to a certified habilitation facility shall report to the board regarding the progress of the solicitation once a year.

History of Section. P.L. 2011, ch. 244, § 1; P.L. 2011, ch. 261, § 1; P.L. 2012, ch. 415, § 7.

37-2.5-1. Legislative findings.

It is hereby found by the general assembly as follows:

1. In imposing sanctions on Iran, the United States Congress and the President of the United States have determined that the illicit nuclear activities of Iran, combined with its development of unconventional weapons and ballistic missiles, and its support of international terrorism, represent a serious threat to the security of the United States and its allies around the world.
2. The International Atomic Energy Agency has repeatedly called attention to Iran’s unlawful nuclear activities, and as a result, the United Nations Security Council has adopted four (4) rounds of sanctions designed to compel the government of Iran to cease those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Nuclear Non-Proliferation Treaty.
3. The human rights situation in Iran has steadily deteriorated since the fraudulent elections of 2009, as evidenced by the brutal repression, torture, murder and arbitrary detention of peaceful protestors, dissidents and minorities.
4. On July 1, 2010, President Obama signed into law the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which expressly authorizes state and local governments to prevent investment in, including prohibiting entry into or renewing contracts with, companies operating in Iran and includes provisions that preclude companies that do business in Iran from contracting with the United States government.
5. It is the intention of the general assembly to implement this authority granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.
6. There are moral and reputational reasons for state and local governments to not engage in business with foreign companies that have business activities benefiting foreign states, such as Iran, that pursue illegal nuclear programs, support acts of terrorism and commit violations of human rights.
7. Short-term economic profits cannot be a justification to circumvent even in spirit those international sanctions designed to thwart Iran from developing nuclear weapons.
8. The concerns of this general assembly regarding Iran are strictly the result of the actions of the government of Iran and should not be construed as enmity toward the Iranian people.

History of Section. P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.

37-2.5-2. Definitions.

1. As used in this act, the following definitions shall apply:
   1. “Energy sector” of Iran means activities to develop, invest in, explore, refine, transfer, purchase or sell petroleum, gasoline, or other refined petroleum products, or natural gas, liquefied natural gas resources or nuclear power in Iran.
   2. “Financial institution” means the term as used in Section 14 of the Iran Sanctions Act of 1996, Section 14 of Pub.L.104-172 (50 U.S.C. 1701 note), as amended.
   3. “Iran” means the government of Iran, and includes the territory of Iran and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the government of Iran claims sovereignty, sovereign rights, or jurisdiction, provided that the government of Iran exercises partial or total control over the area or derives a benefit from economic activity in the area pursuant to international arrangements.
   4. “Person or entity” means any of the following:
      1. A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group;
      2. Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. § 262r(c)(3), as amended; or
      3. Any parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (i) or (ii).
   5. “State” means the state of Rhode Island and any of its departments or agencies and public agencies, including, but not limited to, any commission, council, board, bureau, committee, institution, or other governmental entity of the executive or judicial branch of this state and the general assembly and any office, board, bureau or commission within or created by the legislative branch.
   6. “Treasurer” means the general treasurer or the department of treasury.
2. For the purposes of this act, a person engages in investment activities in Iran, if:
   1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
   2. The person is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for forty five (45) days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created pursuant to § 37-2.5-3(b) as a person engaging in investment activities in Iran as described in § 37-2.5-3(a) .
3. The treasurer shall adopt regulations that reduce the amounts provided for in this subsection if the treasurer determines that such change is permitted or required under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as amended.

History of Section. P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.

37-2.5-3. Certain persons, entities prohibited from bidding on certain public contracts, maintenance of list.

1. A person or entity that, at the time of bid or proposal for a new contract or renewal of an existing contract, is identified on a list created pursuant to subsection (b) as a person or entity engaging in investment activities in Iran as described in § 37-2.5-2(b) , shall be ineligible to, and shall not, bid on, submit a proposal for, or enter into or renew, a contract with the state for goods or services.
2. Within ninety (90) days of the effective date of this act, the treasurer shall, using credible information available to the public, develop a list of persons or entities it determines engage in investment activities in Iran as described in § 37-2.5-2(b) .
3. The treasurer shall update the list annually.
4. Before finalizing an initial list pursuant to subsection (b) or an updated list pursuant to subsection (c) of this section, the treasurer shall do the following before a person or entity is included on the list:
   1. Provide ninety (90) days written notice of its intent to include the person or entity on the list. The notice shall inform the person or entity that inclusion on the list would make the person or entity ineligible to bid on, submit a proposal for, or enter into or renew, a contract for goods or services with the state; and
   2. Provide a person or entity with an opportunity to comment in writing that it is not engaged in investment activities in Iran. If the person or entity demonstrates to the treasurer that the person or entity is not engaged in investment activities in Iran as described in § 37-2.5-2(b) , the person or entity shall not be included on the list, unless the person or entity is otherwise ineligible to bid on a contract as described in § 37-2.5-5(a)(3) .
   3. The treasurer shall make every effort to avoid erroneously including a person or entity on the list.

History of Section. P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.

37-2.5-4. Certification required.

1. The state shall require a person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract to certify, at the time the bid is submitted or the contract is renewed, that the person or entity is not identified on a list created pursuant to § 37-2.5-3(b) as a person or entity engaging in investment activities in Iran described in § 37-2.5-2(b) .
2. The certification required shall be executed on behalf of the applicable person or entity, by an authorized officer or representative of the person or entity.
3. In the event that a person or entity is unable to make the certification required because it or one of its parents, subsidiaries, or affiliates, as defined in § 37-2.5-2(a)(4) , has engaged in one or more of the activities specified in § 37-2.5-2(b) , the person or entity shall provide to the state, prior to the deadline for delivery of such certification, a detailed and precise description of such activities, such description to be provided under penalty of perjury.
4. The certifications provided under subsection (a) of this section and disclosures provided under subsection (c) of this section shall be disclosed to the public.

History of Section. P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.

37-2.5-5. False certification — Penalties.

1. If the treasurer determines, using credible information available to the public and after providing ninety (90) days written notice and an opportunity to comment in writing for the person or entity to demonstrate that it is not engaged in investment activities in Iran, that the person or entity has submitted a false certification pursuant to § 37-2.5-4 , and the person or entity fails to demonstrate to the treasurer that the person or entity has ceased its engagement in the investment activities in Iran within ninety (90) days after the determination of a false certification, the following shall apply:
   1. Pursuant to an action under subsection (b) of this section, a civil penalty in an amount that is equal to the greater of one million dollars ($1,000,000) or twice the amount of the contract for which the false certification was made;
   2. Termination of an existing contract with the state as deemed appropriate by the state; and
   3. Ineligibility to bid on a contract for a period of three (3) years from the date of the determination that the person or entity submitted the false certification.
2. The treasurer shall report to the attorney general the name of the person or entity that the state determines has submitted a false certification under § 37-2.5-4 , together with its information as to the false certification, and the attorney general shall determine whether to bring a civil action against the person or entity to collect the penalty described in subdivision (a)(1). Only one civil action against the person or entity to collect the penalty described in subdivision (a)(1) may be brought for a false certification on a contract. A civil action to collect such penalty shall commence within three (3) years from the date the certification is made.

History of Section. P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.

37-2.5-6. Written notice to Attorney General.

The governor shall submit to the attorney general of the United States a written notice describing this act within thirty (30) days after its effective date.

History of Section. P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.

37-2.6-1. Short title.

This chapter shall be known and may be cited as the “Anti-Discrimination in State Contracts Act.”

History of Section. P.L. 2016, ch. 477, § 1.

37-2.6-2. Definitions.

1. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section as follows:
   1. “Boycott” means to blacklist, divest from, sanction, or otherwise refuse to deal with a person, firm, or entity, or a public entity of a foreign state, when the action is based on race, color, religion, gender, or nationality of the targeted person, firm, entity, or public entity of a foreign state. Boycott does not include:
      1. A decision based on a bona fide business or economic reasons;
      2. A boycott against a public entity of a foreign state when the boycott is applied in a nondiscriminatory manner; and
      3. Boycotts or divestments of particular jurisdictions that are specifically authorized or required by federal law or state law.
   2. “Public entity” means the state, or any political subdivisions of the state, including, but not limited to, any of its agencies, departments, institutions, or school districts.
   3. A “jurisdiction with whom the state can enjoy open trade” means states that are members of the World Trade Organization.

History of Section. P.L. 2016, ch. 477, § 1.

37-2.6-3. Discrimination in state contracts prohibited.

A public entity shall not enter into a contract with a business to acquire or dispose of supplies, services, information technology, or construction unless the contract includes a representation that the business is not currently engaged in, and an agreement that the business will not during the duration of the contract engage in, the boycott of any person, firm, or entity based in, or doing business with, a jurisdiction with whom the state can enjoy open trade, and/or the boycott of any public agencies, entities, or instrumentalities of the jurisdiction with whom the state can enjoy open trade.

History of Section. P.L. 2016, ch. 477, § 1.

37-2.6-4. Applicability and exemptions.

This section shall not apply if a business fails to meet the requirements of § 37-2.6-3 , but contracts to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business. And provided further, this section shall not apply to contracts with a total potential value of less than ten thousand dollars ($10,000).

History of Section. P.L. 2016, ch. 477, § 1.

37-3-1 — 37-3-9. Repealed.

History of Section. P.L. 1945, ch. 1606, §§ 1-3; P.L. 1948, ch. 1988, § 1; G.L. 1956 § 37-3-1 — 37-3-8; P.L. 1977, ch. 162, § 1; Repealed by P.L. 1992, ch. 420, § 1, effective July 1, 1992.

37-3.1-1 — 37-3.1-4. Repealed.

History of Section. Former §§ 37-3.1-1 — 37-3.1-4 (P.L. 1974, ch. 40, § 1; P.L. 1975, ch. 169, § 1) were repealed by P.L. 1975, ch. 249, § 2.

37-3.2-1. Definitions.

As used in this chapter, the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

1. “Quonset Point buildings” means the buildings at the site of Quonset Point naval air station in the town of North Kingstown and situated on the reverter real property, or the surplus real property, including, without being limited to, the following: buildings number 1, 2, 16, 17, 60, 151, 374, 375, 406, 483, 484, 488, 536, 537, DG12 and DT38.
2. “Reverter real property” means that real property more fully described in P.L. 1939, ch. 696, together with all later additions or accretions thereto resulting from filling in or otherwise, title to which has reverted or will revert to the state pursuant to the provisions of P.L. 1939, ch. 696.
3. “Reverter personal property” means the personal property (which may include any of the Quonset Point buildings to the extent that they are deemed to be personal property) located on the reverter real property.
4. “Surplus real property” means such real property as shall be transferred, assigned, or conveyed to the state by the United States pursuant to the provisions of § 13 (g) of the surplus property act of 1944, 50 U.S.C. App. § 1622 (g), or pursuant to the provisions of any other applicable law of the United States.
5. “Surplus personal property” means such personal property, in addition to the reverter personal property, as shall be transferred, assigned, or conveyed to the state by the United States pursuant to the provisions of § 13 (g) of the surplus property act of 1944 or pursuant to the provisions of any other applicable law of the United States.

History of Section. P.L. 1975, ch. 249, § 1.

37-3.2-2. Acquisition of title to property.

Notwithstanding any special or general law to the contrary, the governor is authorized, empowered, and directed, with the approval of the state properties committee, to acquire, in the name of the state of Rhode Island, from the United States, title to the reverter personal property, the surplus real property, the surplus personal property, and the real and personal property located at the naval construction battalion center in the village of Davisville, town of North Kingstown, and the real and personal property located at the naval complex in the county of Newport.

History of Section. P.L. 1975, ch. 249, § 1.

37-3.2-3. Lease of property.

1. The governor is authorized, empowered, and directed, with the approval of the state properties committee to enter into an agreement or agreements to lease, and then to lease, not more than approximately one hundred seventy-five (175) acres of land comprising part of the reverter real property and part of the surplus real property, together with the Quonset Point buildings and all other improvements on the real property, and any of the reverter personal property and the surplus personal property located on the real property or in those buildings or related to the use and occupation thereof, to electric boat division of general dynamics corporation, a Delaware corporation, for an initial term and one or more renewal terms not exceeding, in the aggregate, thirty (30) years and for rents and upon other terms, conditions, and agreements, including provisions with respect to arbitration of disputes, for other consideration, and with powers to assign, mortgage, or otherwise dispose of the leasehold estate, as the governor and the state properties committee shall approve.
2. If the Rhode Island economic development corporation, or any subsidiary corporation thereof, (the same being hereinafter referred to as “the corporation”) shall acquire title to any of the reverter real property, the reverter personal property, the surplus real property, the surplus personal property, or any other personal property, then, to that extent, the corporation shall be authorized and empowered, with the approval of the state properties committee, to enter into an agreement or agreements to lease, and then to lease (or, as to Rhode Island port authority and economic development corporation, to sublease through any subsidiary corporation thereof) not more than approximately one hundred seventy-five (175) acres of the land comprising part of the reverter real property and part of the surplus real property, together with the Quonset Point buildings and all other improvements on that real property, and any of the reverter personal property and the surplus personal property located on the real property or in the buildings or related to the use and occupation thereof, and any other personal property which it may acquire, to electric boat division of general dynamics corporation, a Delaware corporation, for an initial term and one or more renewal terms not exceeding, in the aggregate, thirty (30) years and for rents and upon other terms, conditions, and agreements, for other consideration, and with such powers to assign, mortgage, or otherwise dispose of the leasehold estate, as the corporation and the state properties committee shall approve.

History of Section. P.L. 1975, ch. 249, § 1; P.L. 1976, ch. 277, § 8.

37-3.2-4. Management of leased property.

If the governor shall enter into an agreement or agreements to lease, or a lease, with electric boat division of general dynamics corporation, a Delaware corporation, pursuant to the authority hereinbefore conferred upon him or her, he or she shall further be authorized and empowered, with the approval of the state properties committee, to engage the Rhode Island economic development corporation, or any subsidiary corporation thereof, to manage for and on behalf of the state any property which shall be subject to an agreement or agreements to lease, or a lease, and, as agent of the state, to discharge the state’s responsibilities under that agreement or lease and exercise all authorities conferred upon the state thereby, upon the terms and conditions as the governor and the state properties committee shall approve.

History of Section. P.L. 1975, ch. 249, § 1.

37-3.2-5. Transfer of property.

The governor is authorized, empowered, and directed, with the approval of the state properties committee, to transfer, assign, and convey to the Rhode Island economic development corporation, or any subsidiary corporation thereof, any part or all of the property which is subject to an agreement or agreements to lease, or a lease, or which is intended to be subject to an agreement, agreements, or lease, all in accordance with the provisions of this chapter, upon such terms and conditions, and for such consideration, as the governor and the state properties committee shall approve, the property thereafter to be used or disposed of by the corporation in accordance with the provisions of this chapter and its corporate purposes. The authority herein granted to the governor shall be in addition to any other authority conferred upon him or her by law.

History of Section. P.L. 1975, ch. 249, § 1.

37-3.2-6. State authorized to sue or be sued.

The state is authorized to sue, and consents to be sued, in its own name in connection with any of the foregoing.

History of Section. P.L. 1975, ch. 249, § 1.

37-3.2-7. Certain prior transactions ratified.

The execution and delivery by the governor, with the approval of the state properties committee, of a certain “instrument of severance and transfer of interests” dated November 11, 1975, and the execution and delivery by Quonset Point land corporation, a subsidiary public corporation of the Rhode Island economic development corporation, of a certain “instrument of severance” dated November 14, 1976, is hereby approved, ratified, and confirmed in all respects.

History of Section. P.L. 1976, ch. 277, § 9; P.L. 1977, ch. 115, § 1.

37-4-1. Maintenance and repair.

Maintenance and repair of automotive equipment of the state, not otherwise or specifically assigned to any other department or agency by law, shall be vested in the department of administration, provided, however, that the maintenance and repair of motor vehicles used by the department of human services shall be vested in the department of human services.

History of Section. P.L. 1939, ch. 660, § 109; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 37-4-1 .

37-4-2. Automotive equipment fund established.

The general treasurer is hereby authorized and directed to establish an account to be known as the “automotive equipment fund,” which shall be administered in accordance with the provisions of this chapter.

History of Section. P.L. 1945, ch. 1643, § 1; G.L. 1956, § 37-4-2 .

37-4-3. Transfers from motor equipment service rotary fund.

From time to time, as the governor shall direct, there shall be transferred to the automotive equipment fund such portions of the surplus then remaining in the motor equipment service rotary fund previously established by executive order.

History of Section. P.L. 1945, ch. 1643, § 2; G.L. 1956, § 37-4-3 .

37-4-4. Purchase of equipment.

Within the limitation of the amounts available in the automotive equipment fund, the director of administration may from time to time provide for the replacement of outworn automotive equipment, and/or the purchase of new or used automobiles, trucks, and other equipment in the state auto pool.

History of Section. P.L. 1945, ch. 1643, § 3; P.L. 1946, ch. 1764, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 37-4-4 .

37-4-5. Disbursements from fund.

The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment from the automotive equipment fund of such sums as may from time to time be required under the provisions of this chapter, upon receipt by him or her of proper vouchers approved by the director of administration.

History of Section. P.L. 1945, ch. 1643, § 4; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 37-4-5 .

37-4-6. Insurance coverage.

The state of Rhode Island shall be required to provide insurance coverage on all motor vehicles owned by the state and operated by the employees of the state of Rhode Island in the sum of one hundred thousand dollars ($100,000) per person for personal injury, three hundred thousand dollars ($300,000) per accident, and twenty thousand dollars ($20,000) for property damage.

History of Section. P.L. 1960, ch. 135, § 1.

37-5-1. Roads subject to supervision of department.

The department and director of transportation shall enforce the provisions of chapters 8 and 10 of title 24, all other provisions of the general laws and public laws relating to the care and maintenance of highways, roads, freeways, and bridges by the state, including the construction, reconstruction, care, and maintenance of park roads and parkways previously performed by the department of agriculture and conservation, and roads and driveways on the grounds of the university of Rhode Island, the Rhode Island college, the several state institutions, and other state property, unless otherwise provided by law.

History of Section. P.L. 1939, ch. 660, § 102; impl. am. P.L. 1951, ch. 2686, § 1; G.L. 1956, § 37-5-1 ; impl. am. P.L. 1959, ch. 44.

37-5-2. Maintenance and construction of roads — Regulation of use — Cooperation with other agencies.

1. The department shall maintain and construct highways, roads, freeways, bridges, and incidental structures, and shall make rules and regulations regarding the use of highways, roads, freeways, bridges, and structures. The department shall cooperate with the several cities and towns in the construction of highways, roads, freeways, and bridges, and with the federal government on federal aid projects. Whenever a public utility files an application with the department for permission to excavate a state maintained road in order to extend its service, the department shall send a notice by certified mail to the town or city clerk of the municipality in which the excavation is to take place.
2. Any contractor hired by the department to perform work shall notify a city or town that a subcontractor has been hired by the contractor to perform work in that city or town. The notification shall include the name and address of each contractor and subcontractor.

History of Section. P.L. 1939, ch. 660, § 103; G.L. 1956, § 37-5-2 ; P.L. 1995, ch. 93, § 1; P.L. 1995, ch. 296, § 1.

37-5-3. Airports and aeronautics.

The department and director shall have supervision over the state airport at Hillsgrove, such other airports and landing fields as may be constructed or operated by the state, and all other aeronautics within the state, and shall enforce the provisions of chapters 2 and 4 of title 1.

History of Section. P.L. 1939, ch. 660, § 106; P.L. 1940, ch. 851, § 10; G.L. 1956, § 37-5-3 .

37-5-4. State piers — Cooperation in river and harbor development.

The department and director shall have jurisdiction over state pier no. 1 at Providence, state pier no. 2 at Pawtucket, and state piers no. 3 and no. 4 in the town of Narragansett. The department shall also cooperate with federal authorities in connection with river and harbor development; and shall also carry on all duties in connection with the opening of breachways in the several salt ponds of the state and for this purpose shall cooperate with federal authorities in connection with the breachways.

History of Section. P.L. 1939, ch. 660, § 107; G.L. 1956, § 37-5-4 .

37-5-5. Repealed.

History of Section. P.L. 1939, ch. 660, § 108; G.L. 1956, § 37-5-5 ; Repealed by P.L. 2015, ch. 141, art. 15, § 4, effective June 30, 2015.

37-5-6. Emergency public works powers.

The department and director shall exercise and perform all the powers, duties, and functions now or formerly exercised or performed by the emergency public works commission, with the exception of the award of contracts for new buildings, which contracts shall be awarded by the department of administration, and the emergency public works commission is hereby abolished.

History of Section. P.L. 1939, ch. 660, § 110; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-5-6 .

37-5-7. Commuter parking facilities.

The department and director are authorized to plan, construct, and maintain, or to enter into agreements with federal, state, or local governmental agencies in connection with commuter parking facilities at locations which would encourage the use of mass transportation and reduce peak traffic demands on highway systems. The provisions of the agreements may be carried out by the director with other governmental agencies as necessity, convenience, or economy requires. The director shall have authority to enter into agreements with federal agencies for federal financial aid and to do any and all other acts and things necessary or desirable to take advantage of the financial aid. Contracts for the construction shall be carried out in the manner provided by law for public works. The director may acquire in the name of the state such real property as is necessary to construct and maintain commuter parking facilities in the same manner and with like powers as authorized and exercised by the director in acquiring real property for state highway purposes in accordance with chapter 6 of title 37.

History of Section. P.L. 1970, ch. 52, § 1.

37-5-7.1. Parking cash-out programs.

1. Each employer of fifty (50) persons or more, located within one-quarter (1/4) of a mile of Rhode Island public transit service who provides a parking subsidy to employees, shall offer a parking cash-out program. “Parking cash-out program” means an employer-funded program under which an employer offers to provide a RIPTA monthly transit pass to an employee instead of the parking subsidy that the employer would otherwise pay to provide the employee with a parking space.
2. A parking cash-out program may include a requirement that employee participants certify that they will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that employees not complying with the guidelines will no longer be eligible for the parking cash-out program.
3. As used in this section, the following terms have the following meanings:
   1. “Employee” means an employee of an employer subject to this section;
   2. “Parking subsidy” means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.
4. Subsection (a) shall not apply to any employer who, on or before August 1, 2003, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease.
5. It is the intent of the general assembly, in enacting this section, that cash-out requirements shall apply only to employers who can reduce, without penalty, the number of paid parking spaces they maintain for the use of their employees and instead provide their employees the monthly transit pass described in this section.
6. Any city or town in which a commercial development will implement a parking cash-out program may grant to that development an appropriate reduction in the parking requirements otherwise in effect for new development. At the request of an existing commercial development that has implemented a parking cash-out program, the city or town may grant an appropriate reduction in the parking requirements otherwise applicable, based on the demonstrated reduced need for parking, and the space no longer needed for parking purposes may be used for other appropriate purposes.

History of Section. P.L. 2004, ch. 285, § 1; P.L. 2004, ch. 315, § 1.

37-5-8. Transfer of certain interstate route 195 property.

1. Findings.  The State of Rhode Island, in accordance with that certain United States Federal Highway Administration Record of Decision entitled “Record of Decision, Improvements to Interstate Route 195, Providence, Rhode Island, FHWA-RI-EIS-93-01-F, January 14, 1997” is relocating and improving certain portions of interstate route 195 traversing through portions of the city of Providence. In connection with such highway relocation, certain parcels of land within the city of Providence will become available for beneficial reuse. It is found and declared that:
   1. The relocation of interstate route 195 within the city of Providence will result in the creation of surplus parcels of land available for sale and commercial, institutional and residential development and beneficial reuse, including without limitation to support or encourage workforce development, education and training, and the growth of “knowledge based” jobs and industries such as research and development, life sciences, media technologies, entrepreneurship and business management, design, hospitality, software design and application, and a variety of other uses consistent with a knowledge based economy;
   2. The city of Providence comprehensive plan and various other studies, plans and reports that are a matter of public record support the use of portions of the city of Providence’s jewelry district and portions of the surplus land created by the relocation of interstate route 195 for development that is benefited by close proximity to universities, hospitals, and medical schools for the development with and by such institutions of facilities (including without limitation a hotel and/or conference center and academic, medical, research and development, commercial, residential, and parking facilities) to support the growth of a knowledge based economy;
   3. The sale or lease of such surplus parcels of land at fair market value, and the re-use and development of such parcels will be beneficial to the city of Providence and the state and advantageous to the public interest; and
   4. The surplus parcels of land, together with all improvements thereon, that will be created by the relocation of interstate route 195 are sometimes collectively referred to herein as the “I-195 Surplus Land” which land is identified in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis” prepared by CKS Architecture & Urban Design dated 2009,” and such term means those certain tracts or parcels of land situated in the city of Providence, county of Providence, State of Rhode Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1” =20´, Bryant Associates, Inc., Engineers-Surveyors-Construction Managers, Lincoln, RI., Maguire Group, Inc., Architects/Engineers/Planners, Providence, RI,” bounded and described as follows:
      1. Area I

         That certain parcel of land, with all improvements thereon, situated easterly of Interstate Route No. 95, southwesterly of Chestnut Street and northwesterly of Hoppin Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

         Beginning at a point on the southeasterly street line of Pine Street at the westerly corner of land owned now or formerly by Johnson & Wales University;

         Thence S 54(21´ 39" E along the northwesterly State Freeway Line established by State Highway Plat No. 1074A a distance of ninety-four and eighty-one one-hundredths (94.81) feet to a point;

         Thence S 54(21´ 39" E along said State Freeway Line a distance of nineteen and twenty one-hundredths (19.20) feet to a point, the two previous courses running along land owned now or formerly by Johnson & Wales University;

         Thence in a general northeasterly direction along a non-tangent curve deflecting to the left, said curve having a radius of four-hundred twenty-three and zero one-hundredths (423.00) feet, subtended by a central angle of 14(38´ 19" for an arc length of one-hundred eight and seven one-hundredths (108.07) feet, a chord bearing of N 53(54´ 03" E and a chord length of one-hundred seven and seventy-eight one-hundredths (107.78) feet to a spiral curve,

         Thence in a general northeasterly direction along said spiral curve having a radius of four-hundred twenty-three and zero one-hundredths (423.00) feet, a Theta angle of 09(50´ 57" for a spiral length of one-hundred forty-five and forty-three one-hundredths (145.43) feet to a point of tangency; said spiral curve running along the northwesterly State Freeway Line established by State Highway Plat No. 1233;

         Thence N 36(43´ 57" E a distance of sixty-one and ninety one-hundredths (61.90) feet to a point;

         Thence N 54(17´ 18" W a distance of four and eighty-seven one-hundredths (4.87) feet to a point;

         Thence N 29(26´ 59" E a distance of two-hundred ninety-five and ninety-one one-hundredths (295.91) feet to a point;

         Thence N 59(31´ 58" W a distance of fifty-seven and zero one-hundredths (57.00) feet to a point,

         Thence N 56(27´ 36" E a distance of one-hundred eighty-six and fifty-seven one-hundredths (186.57) feet to a point on the southwesterly street line of Chestnut Street, the three previous courses running along the northwesterly State Freeway Line established by State Highway Plat No. 900,

         Thence S 59(38´ 32" E along said southwesterly street line of Chestnut Street a distance of one-hundred ninety-seven and thirty-five one-hundredths (197.35) feet to a point;

         Thence in a general southwesterly direction along a curve deflecting to the left, said curve having a radius of five-hundred ninety and zero one-hundredths (590.00) feet, subtended by a central angle of 14(02´ 58" for an arc length of one-hundred forty-four and sixty-seven one-hundredths (144.67) feet, a chord bearing of S 47(40´ 44" W and a chord length of one-hundred forty-four and thirty-one one-hundredths (144.31) feet to a point;

         Thence S 32(34´ 31" W a distance of eighty and ninety-two one-hundredths (80.92) feet to a point;

         Thence S 55(19´ 41" E a distance of nineteen and fifty one-hundredths (19.50) feet to a point;

         Thence S 35(27´ 19" W a distance of one-hundred seventy-eight and fifty-two one-hundredths (178.52) feet to a point on the southwesterly street line of Claverick Street;

         Thence S 55(19´ 41" E along said southwesterly street line of Claverick Street a distance of one-hundred thirty-five and fifty-seven one-hundredths (135.57) feet to a point on the southeasterly street line of Clifford Street;

         Thence S 35(26´ 28" W along said southeasterly street line of Clifford Street a distance of fifty-six and seventy one-hundredths (56.70) feet to a point;

         Thence S 29(00´ 35" W along land owned now or formerly by Eighty-Six Point Street, LLC and Mad Realty Associates, partly by each, a distance of seventy-three and forty-seven (73.47) feet to a point;

         Thence S 54(37´ 34" E along land owned now or formerly by Mad River Realty Associates a distance of zero and seventy-six one-hundredths (0.76´) feet to a non-tangent curve;

         Thence in a general southwesterly direction along said non-tangent curve deflecting to the left, said curve having a radius of three-hundred twenty-seven and zero one-hundredths (327.00) feet, subtended by a central angle of 29 (27´ 51" for an arc length of one-hundred sixty-eight and sixteen one-hundredths (168.16) feet, having a chord bearing of S 07(49´ 43" W and a chord length of one-hundred sixty-six and thirty-one one-hundredths (166.31) feet to a point;

         Thence S 54(37´ 34" E a distance of twenty-three and nine one-hundredths (23.09) feet to a point, the previous two courses running along land owned now or formerly by Claverick Realty Company;

         Thence S 35(22´ 26" W a distance of twenty and fifty-three one-hundredths (20.53) feet to a non-tangent curve on the northeasterly street line of Hoppin Street;

         Thence in a general southeasterly direction along said non-tangent curve deflecting to the left, said curve having a radius of three-hundred twenty-five and zero one-hundredths (325.00) feet, subtended by a central angle of 16(20´ 47" for an arc length of ninety-two and seventy-two one-hundredths (92.72) feet, having a chord bearing of S 20(09´ 55" E and a chord distance of ninety-two and forty-one one-hundredths (92.41) feet to a point;

         Thence S 28(20´ 18" E a distance of fifteen and twenty-five one-hundredths (15.25) feet to a point of curvature;

         Thence in a general southeasterly direction along a curve deflecting to the left, said curve having a radius of thirteen and fifty-eight one-hundredths (13.58) feet, subtended by a central angle of 116(31´ 28" for an arc length of twenty-seven and sixty-one (27.61) feet, having a chord bearing of S 86(36´ 02" E and a chord length of twenty-three and nine one-hundredths (23.09) feet to a point on the northwesterly street line of Bassett Street;

         Thence S 35(22´ 26" W along said northwesterly street line of Bassett Street a distance of seventy-one and fifty-two one-hundredths (71.52) feet to a point on the southwesterly street line of Hoppin Street;

         Thence S 28(19´ 27" E along said southwesterly street line of Hoppin Street a distance of three-hundred eighty-nine and forty one-hundredths (389.40) feet to a point on the northeasterly street line of Proposed East Franklin Street;

         Thence N 53(39´ 21" W along said northeasterly street line of Proposed East Franklin Street a distance of one-thousand two-hundred two and fourteen one-hundredths (1202.14) feet to a point;

         Thence N 35(43´ 17" E a distance of fifteen and ninety-two one-hundredths (15.92) feet to a point;

         Thence N 35(43´ 17" E a distance of thirty-nine and twenty-one one-hundredths (39.21) feet to a point;

         Thence S 65(00´ 33" E a distance of five and twenty-six one-hundredths (5.26) feet to a point;

         Thence N 36(11´ 07" E a distance of forty-eight and sixty-eight one-hundredths (48.68) feet to a point;

         Thence S 54(02´ 43" E a distance of one-hundred twenty-six and ninety-four one-hundredths feet to a point on the northwesterly street line of Pine Street, the previous four courses running along land owned now or formerly by The Housing Authority of the City of Providence;

         Thence S 54(02´ 43" E a distance of forty and twelve one-hundredths (40.12) feet to a point on the southeasterly street line of Pine Street;

         Thence N 35(38´ 21" E along said southeasterly street line of Pine Street a distance of seventy-four and forty-eight one hundredths (74.48) feet to the point and place of beginning;

         The above described parcel contains three hundred ninety-five thousand two hundred eighty-two (395,282) square feet or 9.07 acres, more or less.

      2. Area II

         That certain parcel of land, with all improvements thereon, situated southwesterly of Richmond Street, northeasterly of Ship Street, northwesterly of Chestnut Street and southeasterly of Friendship Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

         Beginning at a point at the intersection of the southeasterly street line of Friendship Street and the northeasterly street line of Chestnut Street;

         Thence N 35(26´ 25" E along the southeasterly street line of Friendship Street a distance of two-hundred seventy and eighty-two one-hundredths (270.82) feet to a point;

         Thence S 53(56´ 39" E along the State Freeway Line established by Amended State Highway Plat No. 900 a distance of forty-five and two one-hundredths (45.02) feet to a point;

         Thence N 64(30´ 09" E along said State Freeway Line a distance of two-hundred eight and forty-six one-hundredths (208.46) feet to a point on the southwesterly street line of Richmond Street, the two previous courses running along land owned now or formerly by Stephen R. & Francine Beranbaum;

         Thence S 53(56´ 39" E along said southwesterly street line of Richmond Street a distance of two-hundred twenty and fifty-nine one-hundredths (220.59) feet to a point;

         Thence S 35(26´ 57" W along the State Freeway Line established by Amended Plat No. 900 a distance of one-hundred twenty and ninety-seven one-hundredths (120.97) feet to a point;

         Thence N 55(40´ 21" W along said State Freeway Line a distance of fifteen and one one-hundredth (15.01) feet to a point

         Thence S 60(41´ 45" W along said State Freeway Line a distance of ninety-seven and ninety-two one-hundredths (97.92) feet to a point;

         Thence S 67(47´ 39" W along said State Freeway Line a distance of fifty and ninety-three one-hundredths (50.93) feet to a point, the previous three courses running along land owned now or formerly by Ship Street Parking Associates, LLC;

         Thence N 41(01´ 46" E a distance of zero and fifty-five one-hundredths (0.55) feet to a point;

         Thence N 61(40´ 21" W a distance of twenty-six and forty-nine one-hundredths (26.49) feet to a point;

         Thence N 54(43´ 25" W a distance of twenty-five and thirty-two one-hundredths (25.32) feet to a point;

         Thence S 35(23´ 19" W a distance of zero and sixty-two one-hundredths (0.62) feet to a point, the previous four courses running along the State Highway Line established by Plat No. 2492;

         Thence N 54(36´ 41" W along the State Freeway Line established by Plat No. 900 a distance of zero and forty five one-hundredths (0.45) feet to a point;

         Thence S 35(23´ 19" W along the State Highway Line established by Plat No. 2728 a distance of one-hundred one and two one-hundredths (101.02) feet to a point on the northerly street line of Ship Street;

         Thence S 88(00´ 16" W a distance of fifty and forty-nine one-hundredths (50.49) feet to a point;

         Thence S 88(00´ 16" W a distance of eighty-four and thirty-six one-hundredths (84.36) feet to a point, the two previous courses running along the northerly street line of Ship Street;

         Thence N 59(38´ 32" W along the northeasterly street line of Chestnut Street a distance of one-hundred twenty-four and thirty one-hundredths (124.30) feet to the point and place of beginning;

         The above described parcel contains one hundred five thousand seventy-six (105,076) square feet or 2.41 acres, more or less.

      3. Area III

         That certain parcel of land, with all improvements thereon, situated westerly of Dyer Street, northeasterly of Richmond Street, southeasterly of Clifford Street and southwesterly of Dorrance Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

         Beginning at a point at the intersection of the northeasterly street line of Richmond Street and the southeasterly street line of Clifford Street;

         Thence N 35(27´ 30" E along the southeasterly street line of Clifford Street a distance of one-hundred forty-seven and twenty-six one-hundredths (147.26) feet to a point;

         Thence S 54(32´ 30" E a distance of fifteen and zero one-hundredths (15.00) feet to a point;

         Thence N 62(01´ 24" E a distance of eighty-nine and forty-four one-hundredths (89.44) feet to a point;

         Thence S 54(32´ 30" E a distance of forty and twenty one-hundredths (40.20) feet to a point;

         Thence N 35(27´ 30" E a distance of one-hundred fifty-two and eighty-nine one-hundredths (152.89) feet to a point on the southwesterly street line of Eddy Street;

         Thence N 61(53´ 05" E a distance of forty and fourteen one-hundredth (40.14) feet to a point on the northeasterly street line of Eddy Street, the previous six courses running along the State Freeway Line established by Amended Plat No. 900;

         Thence N 28(06´ 55" W along the northeasterly street line of Eddy Street a distance of fifteen and fifty-two one-hundredths (15.52) feet to a point;

         Thence N 24(40´ 40" E a distance of one-hundred thirty-six and seventy one-hundredths (136.70) feet to a point;

         Thence N 54(32´ 30" W a distance of seventy-three and sixty one-hundredths (73.60) feet to a point on the southeasterly street line of Clifford Street, the two previous courses running along the State Freeway Line established by Plat No. 1385;

         Thence N 35(27´ 30" E along the State Highway Line established by Amended Plat No. 900 a distance of one-hundred fifty-two and four one-hundredths (152.04) feet to a point;

         Thence N 35(27´ 30" E along the State Freeway Line established by Amended Plat No. 900 a distance of thirty-nine and three one-hundredths (39.03) feet to a point;

         Thence N 35(27´ 30" E along said State Freeway Line a distance of one-hundred seventy-five and seventy one-hundredths (175.70) feet to a point, the three previous courses running along the southeasterly street line of Clifford Street;

         Thence S 51(30´ 57" E a distance of eighteen and thirty-seven one-hundredths (18.37) feet to a point on the westerly street line of Dyer Street;

         Thence S 04(06´ 53" E a distance of twenty-three and twenty-three one-hundredths (23.23) feet to a point, the two previous courses running along the State Freeway Line established by Amended Plat No. 900;

         Thence S 04(06´ 53" E along the State Highway Line established by Amended Plat No. 900 a distance of fifty-eight and eighty-eight one-hundredths (58.88) feet to a point;

         Thence S 04(06´ 53" E along the State Freeway Line established by Amended Plat No. 900 a distance of seventy and seventy-two one-hundredths (70.72) feet to a point;

         Thence S 04(061´ 53" E along the State Highway Line established by Amended Plat No. 900 a distance of seventy and ninety-nine one-hundredths (70.99) feet to a point;

         Thence S 04(06´ 53" E along the State Freeway Line established by Amended Plat No. 900 a distance of seven-hundred eighty-eight and seventy-three one-hundredths (788.73) feet to a point on the northeasterly street line of Eddy street, the previous five courses running along the westerly street line of Dyer Street;

         Thence N 28(06´ 55" W along the northeasterly street line of Eddy Street a distance of one-hundred eighty-two and eighty-four one-hundredths (182.84) feet to a point;

         Thence N 07(47´ 27" W a distance of one-hundred fifteen and sixteen one-hundredths (115.16) feet to a point;

         Thence S 57(36´ 31" W a distance of forty and eleven one-hundredths (40.11) feet to a point on the northeasterly street line of Eddy Street, the two previous courses running along land owned now or formerly by One Ship Street, LLC;

         Thence N 28(06´ 55" W along said northeasterly street line of Eddy Street a distance of two and ninety-nine one-hundredths (2.99) feet to a point;

         Thence S 61 53´ 35" W a distance of forty and nineteen one-hundredths (40.19) feet to a point on the southwesterly street line of Eddy Street;

         Thence S 63(22´ 30" W a distance of forty-eight and seventy-four one-hundredths (48.74) feet to a point;

         Thence S 64(11´ 22" W a distance of fifty-nine and thirty-nine one-hundredths (59.39) feet to a point, the two previous courses running along land owned now or formerly by One Ship St. LLC;

         Thence N 17(07´ 51" W along land owned now or formerly by 196 Richmond Street Associates II a distance of six and twenty-six one-hundredths (6.26) feet to a point;

         Thence S 37(21´ 21" W along said 196 Richmond Street Associates II land a distance of one-hundred forty-eight and sixteen one-hundredths (148.16) feet to a point on the northeasterly street line of Richmond Street, the four previous courses running along the State Freeway Line established by Amended Plat No. 900;

         Thence N 53(56´ 59" W along the northeasterly street line of Richmond Street a distance of three-hundred twenty-three and eighty-three one-hundredths (323.83) feet to the point and place of beginning;

         The above described parcel contains two hundred fifty-six thousand four hundred five (256,405) square feet or 5.89 acres, more or less.

      4. Area IV

         That certain parcel of land, with all improvements thereon, situated easterly of Dyer Street and southwesterly of the Providence River in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

         Beginning at a point at the intersection of the northeasterly street line of Eddy Street and the easterly street line of Dyer Street;

         Thence N 04(06´ 53" W along the easterly street line of Dyer Street a distance of seven-hundred forty-nine and zero one-hundredths (749.00) feet to the intersection with the southwesterly street line of Dorrance Street;

         Thence S 49(33´ 48" E along said southwesterly street line of Dorrance Street a distance of one-hundred thirteen and twenty-three one-hundredths (113.23) feet to a point;

         Thence N 40(26´ 12" E a distance of two-hundred twenty and forty-nine one-hundredths (220.49) feet to a point;

         Thence N 21(16´ 31" W a distance of seventy-nine and seventy-four one-hundredths (79.74) feet to a point;

         Thence N 51(28´ 13" W a distance of twenty-three and fifty one-hundredths (23.50) feet to a point;

         Thence N 38(31´ 47" E a distance of thirty-nine and seventy-seven one-hundredths (39.77) feet to a point;

         Thence N 00(58´ 39" W a distance of ninety-two and three one-hundredths (92.03) feet to a non-tangent curve;

         Thence in a general southeasterly direction along said non-tangent curve deflecting to the right, said curve having a radius of one-hundred twenty and zero one-hundredths (120.00) feet, subtended by a central angle of 30(43´ 53" for an arc length of sixty-four and thirty-six one-hundredths (64.36) feet, having a chord bearing of S 38(51´ 16" E and a chord length of sixty-three and fifty-nine one-hundredths (63.59) feet to a point;

         Thence S 23(29´ 19" E a distance of one-hundred four and zero one-hundredths (104.00) feet to a point;

         Thence N 88(49´ 02" W a distance of sixty-four and eighty-eight one-hundredths (64.88) feet to a point on the southwesterly Harbor Line of the Providence River;

         Thence S 24(02´ 21" E along said Providence River Harbor Line a distance of five-hundred sixty-eight and forty-nine one-hundredths (568.49) feet to a non-tangent curve;

         Thence in a general southwesterly direction along said non-tangent curve deflecting to the right, said curve having a radius of eighty-seven and zero one-hundredths (87.00) feet, subtended by a central angle of 35(36´ 29" for an arc length of fifty-four and seven one-hundredths (54.07) feet, having a chord bearing of S 55(25´ 21" W and a chord length of fifty-three and twenty one-hundredths (53.20) feet to a point;

         Thence S 73(13´ 36" W a distance of ninety-five and zero one-hundredths (95.00) feet to a point;

         Thence S 16(46´ 24" E a distance of fifty-five and zero one-hundredths (55.00) feet to a point on the former southerly street line of Ship Street;

         Thence S 73(13´ 36" W along said former southerly street line of Ship Street a distance of three-hundred eighty and zero one-hundredths (380.00) feet to a point;

         Thence 15(11´ 47" W a distance of one-hundred seventy-seven and three one-hundredths (177.03) feet to the point and place of beginning;

         The above described parcel contains two hundred ninety thousand three hundred forty-one (290,341) square feet or 6.665 acres, more or less.

      5. Area V

         That certain parcel of land, with all improvements thereon, situated southeasterly of Crawford Street, southwesterly of South Water Street and South Main Street and east of the Providence River in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

         Beginning at a point at the intersection of the southeasterly street line of Crawford Street and the southwesterly street line of South Water Street;

         Thence S 28(33´ 15" E a distance of three-hundred seventy and ninety-nine one-hundredths (370.99) feet to a point;

         Thence S 36(49´ 15" E a distance of six-hundred sixty-four and ninety-nine one-hundredths (664.99) feet to a point;

         Thence S 35(04´ 38" E a distance of four-hundred twenty-six and forty-one one-hundredths (426.41) feet to a point;

         Thence S 33(47´ 46" E a distance of one-hundred fifteen and twenty-one one-hundredths (115.21) feet to a point on the southeasterly street line of James Street, the four previous courses running along the southwesterly street line of South Water Street;

         Thence N 55(45´ 24" E along the southerly street line of James Street a distance of twenty-three and ninety-one one-hundredths (23.91) feet to a point;

         Thence S 77(20´ 45" E along land owned now or formerly by the State of Rhode Island a distance of ninety-five and eighty-seven one-hundredths (95.87) to a point;

         Thence S 34(14´ 36" E a distance of forty-five and ninety one-hundredths (45.90) feet to a point;

         Thence N 80(29´ 31" E a distance of thirty-nine and twenty-nine one-hundredths (39.29) feet to a point;

         Thence N 55(04´ 40" E a distance of twenty-two and ninety-one one-hundredths (22.91) feet to a point on the State Freeway Line established by Plat No. 900B, the three previous courses bounded by land owned now or formerly by Dolphin House LTD and running along the State Freeway Line established by Plat No. 900;

         Thence S 39(02´ 00" E a distance of one-hundred seventeen and fifty-one one-hundredths (117.51) feet to a point;

         Thence S 53(16´ 17" E a distance of thirty-nine and thirty-one one-hundredths (39.31) feet to a point on the southwesterly street line of South Main Street, the two previous courses running along the State Freeway Line established by Plat No. 900B;

         Thence S 51(47´ 17" E along the southwesterly street line of South Main Street a distance of two-hundred thirty-six and thirty-three one-hundredths (236.33) feet to a point;

         Thence S 54(40´ 07" E a distance of four-hundred twenty-five and sixty-two one-hundredths (425.62) feet to a point on the northerly street line of Bridge Street;

         Thence N 57(21´ 51" E a distance of eighty-two and seventy one hundredths (82.70) feet to a point on the northwesterly street line of Wickenden Street;

         Thence S 17(13´ 13" E a distance of forty-four and thirty-seven one-hundreds (44.37) feet to a point;

         Thence N 72(46´ 47" E a distance of seventy-two and zero one-hundredths (72.00) feet to a point;

         Thence S 31(08´ 51" E a distance of fifty-two and eighty-five one-hundredths (52.85) feet to a point at the intersection of the southeasterly street line of Wickenden Street and the southwesterly street line of Benefit Street;

         Thence S 55(53´ 32" W a distance of three-hundred thirteen and forty one-hundredths (313.40) feet to a point;

         Thence S 75(42´ 33" W a distance of forty-four and eighty-three one-hundredths (44.83) feet to a point on the northwesterly street line of South Main Street, the two previous courses running along the southeasterly street line of Bridge Street;

         Thence S 34(11´ 30" E along the northwesterly street line of South Main Street a distance of sixty-seven and ninety-eight one-hundredths (67.98) feet to a point;

         Thence N 70(31´ 58" W a distance of forty-nine and ninety-seven one-hundredths (49.97) feet to a point;

         Thence S 39(28´ 14" W a distance of fifty-two and forty-four one-hundredths (52.44) feet to a point;

         Thence N 50(42´ 37" W a distance of twelve and zero one-hundredths (12.00) feet to a point;

         Thence S 71(46´ 00" W a distance of one-hundred one and twelve one-hundredths (101.12) feet to a point on the northeasterly street line of South Water Street, the four previous courses running along the State Freeway Line established by Plat No. 900;

         Thence N 18(33´ 00" W along the northeasterly street line of South Water Street a distance of forty-nine and five one-hundredths (49.05) feet to a point on the southwesterly street line of Bridge Street;

         Thence S 86(43´ 46" W a distance of forty-five and ninety-four one-hundredths (45.94) feet to a point at the intersection of the southwesterly street line of South Water Street and the southwesterly street line of Bridge Street;

         Thence S 88(50´ 14" W along the southwesterly street line of Bridge Street a distance of ninety-five and seventy-one one-hundredths (95.71) feet to a point on the southeasterly street line of Point Street;

         Thence N 32(08´ 16" W along the northeasterly Harbor Line of the Providence River a distance of sixty and fourteen one-hundredths (60.14) feet to a point on the northeasterly street line of Point Street;

         Thence N 32(08´ 16" W a distance of one-hundred ninety-one and forty one-hundredths (191.40) feet to a point;

         Thence N 32(42´ 55" W a distance of three-hundred fifty-eight and five one-hundredths (358.05) feet to a point;

         Thence N 34(20´ 00" W a distance of seven-hundred twenty and fifty-six one-hundredths (720.56) feet to a point;

         Thence N 34(58´ 15" W a distance of three-hundred twenty-one and eighty-one one-hundredths (321.81) feet to a point;

         Thence N 32(36´ 26" W a distance of two-hundred twenty-three and forty-seven one-hundredths (223.47) feet to a point;

         Thence N 28(01´ 57" W a distance of three-hundred forty and twenty-seven one-hundredths (340.27) feet to a point;

         Thence N 26(39´ 33" W a distance of one-hundred twelve and thirty-eight one-hundredths (112.38) feet to a point;

         Thence N 25(26´ 55" W a distance of one-hundred forty-eight and thirty-nine one-hundredths (148.39) feet to a point on the southeasterly street line of Crawford Street, the eight previous courses running along the northeasterly Harbor Line of the Providence River;

         Thence N 63(39´ 29" E along the southeasterly street line of Crawford Street a distance of twenty-three and eighty-three one-hundredths (23.83) feet to the point and place of beginning;

         The above described parcel contains four hundred seventy-eight thousand two hundred thirteen (478,213) square feet or 10.98 acres, more or less.

      6. Area VI

         That certain parcel of land, with all improvements thereon, situated southeasterly of Bridge Street and Wickenden Street, northeasterly of South Main Street, southwesterly of Brook Street and northwesterly of Tockwotten Street in the City of Providence, County of Providence, State of Rhode Island, and more particularly described as follows:

         Beginning at a point at the intersection of the southwesterly street line of Benefit Street and the southeasterly street line of Bridge Street;

         Thence S 28(38´ 50" E a distance of forty-seven and seventy-eight one-hundredths (47.78) feet to a point;

         Thence S 34(12´ 58" E a distance of one-hundred sixty-three and two one-hundredths (163.02) feet to a point, the two previous courses running along the southwesterly street line of Benefit Street;

         Thence N 55(47´ 02" E a distance of fifty and fifteen one-hundredths (50.15) feet to a point on the northeasterly street line of Benefit Street;

         Thence S 34(12´ 58" E along land owned now or formerly by Church of Our Lady of the Rosary a distance of ninety and zero one-hundredths (90.00) to a point on the northwesterly street line of Alves Way;

         Thence N 55(46´ 46" E along the northwesterly street line of Alves Way a distance of one-hundred fifty and thirty-six one-hundredths (150.36) feet to a point on the southwesterly street line of Traverse Street;

         Thence S 34(13´ 56" E along the southwesterly street line of Traverse Street a distance of eighty and nine one-hundredths (80.09) feet to a point;

         Thence N 80(05´ 06" E a distance of fifty-four and eighty-six one-hundredths (54.86) feet to a point on the northeasterly street line of Traverse Street, the two previous courses running along the State Freeway Line established by Plat No. 900;

         Thence N 80(05´ 06" E along the northerly street line of George M. Cohan Boulevard a distance of two-hundred seventy-five and forty-five one-hundredths (275.45) feet to a point on the southwesterly street line of Brook Street;

         Thence S 34(11´ 12" E a distance of seventy-four and eighty-six one-hundredths (74.86) feet to a point on the southerly street line of George M. Cohan Boulevard;

         Thence S 44(23´ 33" W a distance of three-hundred seven and zero one-hundredths (307.00) feet to a point on the northwesterly street line of Tockwotten Street;

         Thence S 55(48´ 33" W along the northwesterly street line of Tockwotten Street a distance of three-hundred fifty-one and sixty one-hundredths (351.60) feet to a point;

         Thence N 34(11´ 30" W a distance of two-hundred nineteen and six one-hundredths (219.06) feet to a point;

         Thence S 55(46´ 46" W a distance of thirty-four and thirty-five one-hundredths (34.35) feet to a point, the two previous courses running along land owned now or formerly by A & C Tockwotten Realty, Inc;

         Thence 34(12´ 51" W a distance of fifty-seven and twenty-seven one-hundredths (57.27) feet to a point;

         Thence N 72(52´ 44" W a distance of thirty-one and eighty-two one-hundredths (31.82) feet to a point on the southeasterly street line of Pike Street (Alves Way); the two previous courses running along land owned now or formerly by Cynthia A. Simmons;

         Thence N 72(52´ 44" W a distance of sixty-four and twenty-two one-hundredths (64.22) feet to a point on the northwesterly street line of Pike Street (Alves Way);

         Thence S 55(46´ 46" W along said Pike Street northwesterly street line a distance of fifty-five and sixty-one one-hundredths (55.61) feet to a point on the northeasterly street line of South Main Street;

         Thence N 34(11´ 30" W along the northeasterly street line of South Main Street a distance of three-hundred one and seventeen one-hundredths (301.17) feet to a point on the southeasterly street line of Bridge Street;

         Thence N 55(53´ 32" E along the southeasterly street line of Bridge Street a distance of three-hundred five and forty one-hundredths (305.40) feet to the point and place of beginning;

         The above described parcel contains two hundred seventy-seven thousand five hundred sixty-six (277,566) square feet or 6.37 acres, more or less.

2. Authorization.  The director of the Rhode Island department of transportation is hereby directed, authorized and empowered to sell, transfer and convey, in fee simple, by lease or otherwise, in the name of and for the State of Rhode Island, to the I-195 redevelopment district commission established pursuant to chapter 42-64.14 of the general laws, any or all right, title and interest of the state in the I-195 surplus land, or portions thereof, in one or more sale or lease transactions, and in such assemblages of parcels of such land, in such manner and upon such terms and conditions as: (1) May be most advantageous to the public interest which shall mean for purposes of this section that the sale or lease of all such surplus parcels of land at fair market value, and the re-use and development of such parcels will be beneficial to the city of Providence and the state to support or encourage workforce development, education and training, and the growth of “knowledge-based” jobs and industries such as research and development, life sciences, media technologies, entrepreneurship and business management, design, hospitality, software design and application, and a variety of other uses consistent with a knowledge based economy; and (2) Is in conformance with all applicable laws, rules and regulations of the United States department of transportation federal highway administration.
3. Sale, transfer or conveyance of parcels to higher education institutions.  Findings.  Two (2) parcels within the city of Providence, parcels 31 and 36 on the plan titled: “Rhode Island department of transportation, improvements to interstate route 195, Providence, Rhode Island, Proposed Development Parcels, West Side, McGuire Group Inc., Date: 03-02-06” recorded, that will become available for beneficial reuse will, together with abutting property already owned by Johnson and Wales University, make up one city block bounded by Friendship, East Franklin, Pine, and Chestnut Streets. It is found and declared that: (1) Said two (2) parcels are unlikely to be attractive for development by any person or entity other than Johnson and Wales University due to their small and irregular shape and their location immediately adjacent to property owned by Johnson and Wales University; (2) The city of Providence comprehensive plan and various other studies, plans and reports that are a matter of public record support the use of said two parcels for development by Johnson and Wales University; and (3) The sale of said two (2) parcels at fair market value to Johnson and Wales University, and the use and development of such parcels by Johnson and Wales University as provided in this subsection (c) will be beneficial to the city of Providence and the state and advantageous to the public interest.

   (ii) Definitions. As used in this subsection (c), unless the context clearly indicates otherwise:

   1. “Contract for sale” means the contracts for sale described in subsection (vi) of this subsection (c).
   2. “Transfer parcels” means two (2) parcels of real property identified as parcels 31 and 36 on the plan titled: “Rhode Island Department of Transportation, Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development parcels, West Side, McGuire Group Inc., Date: 03-02-06.”
   3. “University” means Johnson and Wales University, a Rhode Island non-profit institution of higher education.

      (iii) I-195 Surplus Land. Notwithstanding the provisions of any general or special law to the contrary the transfer parcels shall be excluded from the provisions of chapter 42-64.14 of the general laws.

      (iv) Authorization. The director of the Rhode Island department of transportation is hereby directed, authorized, and empowered to sell, transfer and convey in fee simple in the name of and for the State of Rhode Island, the transfer parcels identified in this subsection (c) to the university upon terms and conditions set forth in this subsection.

      (v) Title and survey adjustments. The director of the Rhode Island department of transportation is authorized to and may adjust boundary lines, survey lines and property descriptions with respect to the transfer parcels to be conveyed under this subsection (c) to the extent necessary and appropriate to accurately describe and convey the transfer parcels with insurable title and to otherwise fulfill the intent of this subsection (c), provided that any such adjustments do not substantially alter the size of any transfer parcel.

      (vi) Contract for sale. Provided that the University and the city of Providence shall have entered into an agreement providing for payments to the city relating to the transfer parcels, the director of the Rhode Island department of transportation is authorized, and empowered, in the name of and for the State of Rhode Island, to enter into, and shall, within two (2) months after the date of such agreement between the University and the city of Providence, enter into a contract for the sale of the transfer parcels identified in subsection (c)(ii) of this section with the University reflecting the intent of this subsection (c) and customary terms for commercial real estate transactions of this nature, and containing the following provisions:

      (A) The purchase price for the transfer parcels shall be the fair market value of the transfer parcels at the time of conveyance.

      (B) Promptly after taking title to a parcel, the buyer shall cause such parcel to be attractively landscaped and maintained for use as green space until such time as development of the parcel in accordance with this section begins.

      (C) A requirement that within the later of: (I) Twelve (12) months after the University’s purchase of the transfer parcels; or (II) Three (3) months after the state shall have completed installation of normal and usual infrastructure improvements to adequately service the transfer parcels (including water supply, sanitary and storm sewer connections, and provisions for all other necessary utilities) as well as the installation of paving, sidewalks, and curbing necessary to reconstitute Friendship Street, the University shall construct a new building and complete the construction within three (3) years from the commencement of said construction, on the block bounded by Friendship, East Franklin, Pine, and Chestnut Streets which shall be designed to accept retail uses on the first floor and no part of which will be used for student housing.

   4. A requirement that development of the transfer parcels by the University shall be in accordance with applicable ordinances of the city of Providence, as amended from time to time, including, but not limited to, matters of zoning and planning, by departments and agencies of the city of Providence having jurisdiction thereover.
4. Use of proceeds.  Upon the conveyance or lease of any parcel of I-195 surplus land as set forth in this section or the transfer parcels referenced in subsection (c), the received proceeds of such sale or lease shall be used by the State of Rhode Island department of transportation for the relocation of I-195 and work related thereto and otherwise in conformance with all applicable laws, rules and regulations. In accordance with the findings of the I-195 Redevelopment Act of 2011 in chapter 42-64.14 of the general laws, use of the anticipated proceeds from the sale of the land is a key element of the plan of finance for completion of the I-195 relocation project, and vital to making the land usable for future development.
5. The provisions of sections 3, 4, 5 and 9 of chapter 7 of this title, shall not be applicable to the transactions authorized by this § 37-5-8 which have been or hereafter may be affected by the director of the Rhode Island department of transportation in the name of and for the State of Rhode Island under the provisions of this section. Notwithstanding the provisions of any general or special law to the contrary, no restriction shall apply to and no further approval, determination or action of any kind shall be required to effect any conveyance of any real property identified in this section by the director of the Rhode Island department of transportation in the name of and for the State of Rhode Island.
6. Nothing herein shall be construed to limit or modify the applicability of § 37-7-6 to any or all of the I-195 surplus land.

History of Section. P.L. 2011, ch. 245, § 2; P.L. 2011, ch. 267, § 2.

37-6-1. State properties committee — Composition.

There is hereby created and established a committee to be known as the state properties committee to act in cooperation with the departments, boards, bureaus, commissions, and agencies of the state for the purpose of acquiring, administering, and disposing of interests in land and other real property for the improvement of the administration of the state government, the advancement of commerce, and the protection and improvement of the health, welfare, and safety of the inhabitants of this state. The committee shall be composed of a member appointed by the director of the department of administration to serve as chairperson; the attorney general, serving ex-officio; the general treasurer, serving as a nonvoting ex-officio member; the director of the department of administration, serving ex-officio; and two (2) members representing the public, appointed by the governor with the advice and consent of the senate. The ex-officio members, including the chairperson, may from time to time designate a subordinate, from within his or her department or division, as a substitute member of the committee, in his or her stead, by filing a written notice thereof, in the office of the secretary of state. Any designation may be revoked at any time by filing a written revocation in the secretary of state’s office. The public member shall be appointed by the governor to serve for a term of three (3) years and until his or her successor is appointed and qualified, the appointment to be made for a term commencing March 1, 1961, and each third year thereafter.

History of Section. P.L. 1953, ch. 3105, § 1; G.L. 1956, § 37-6-1 ; P.L. 1961, ch. 88, § 1; P.L. 1978, ch. 205, art. 11, § 1; P.L. 1990, ch. 315, § 1; P.L. 1997, ch. 326, § 160; P.L. 2001, ch. 180, § 78; P.L. 2006, ch. 408, § 1; P.L. 2006, ch. 502, § 1; P.L. 2008, ch. 350, § 1.

37-6-1.1. Reporting requirements.

Within ninety (90) days after the end of each fiscal year, the committee shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state, of its activities during that fiscal year. The report shall provide an operating statement, summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, applications considered and their disposition, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year, including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the counsel; a summary of any training courses held pursuant to the provisions of this chapter; a briefing on anticipated activities in the upcoming fiscal year, and findings and recommendations for improvements. The report shall be posted electronically on the websites of the general assembly and the secretary of state pursuant to the provisions of § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.

History of Section. P.L. 2006, ch. 408, § 2; P.L. 2006, ch. 502, § 2.

37-6-1.2. Training requirements.

The committee shall conduct a training course for newly appointed and qualified members within six (6) months of their qualification or designation. The course shall be developed by the chair of the committee, be approved by the committee, and be conducted by the chair of the committee. The committee may approve the use of any committee and/or staff member and/or individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14 and 38-2; and the committee’s rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [July 7, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

History of Section. P.L. 2006, ch. 408, § 2; P.L. 2006, ch. 502, § 2.

37-6-1.3. Public disclosure of the management and disposal of property.

1. The state properties committee shall prepare and submit to the secretary of state quarterly a list containing:
   1. Any and all action(s) taken or approval(s) given pursuant to Rhode Island general laws §§ 37-7-1 , 37-7-2 , 37-7-3 , 37-7-5 , 37-7-5.1 , 37-7-8 , and 37-7-9 ;
   2. The name(s), including corporate and fictitious name(s), of all parties to any action taken or approval given;
   3. The location, by number, street, and city/town, along with tax assessor’s plat and lot, of any property effected by any action taken or approval given;
   4. The amount of payment or reimbursement paid or to be paid in each instance; and
   5. Location of each document, deed, and/or other instrument of conveyance and demise of land or other real property sold or leased.
2. The secretary of state shall compile, publish, and make available for public inspection all lists prepared in accordance with this chapter.

History of Section. P.L. 2008, ch. 384, § 1; P.L. 2008, ch. 393, § 1.

37-6-2. Rules, regulations, and procedures of committee.

1. The state properties committee is hereby authorized and empowered to adopt and prescribe rules of procedure and regulations, and from time to time amend, change, and eliminate rules and regulations, and make such orders and perform such actions as it may deem necessary to the proper administration of this chapter and §§ 37-7-1 — 37-7-9 . In the performance of the commission’s duties hereunder, the commission may in any particular case prescribe a variation in procedure or regulation when it shall deem it necessary in view of the exigencies of the case and the importance of speedy action in order to carry out the intent and purpose of this chapter and §§ 37-7-1 — 37-7-9 . The commission shall file written notice thereof in the office of the secretary of state. All filings shall be available for public inspection.
2. The following siting criteria shall be utilized whenever current existing leases expire or additional office space is needed:
   1. A preference shall be given to sites designated as enterprise zone census tracts pursuant to chapter 64.3 of title 42, or in blighted and/or substandard areas pursuant to § 45-31-8 , or in downtown commercial areas where it can be shown the facilities would make a significant impact on the economic vitality of the community’s central business district;
   2. Consideration should be given to adequate access via public transportation for both employees as well as the public being served, and, where appropriate, adequate parking; and
   3. A site must be consistent with the respective community’s local comprehensive plan.
   4. [Deleted by P.L. 2019, ch. 191, § 1 and P.L. 2019, ch. 244, § 1].
3. The state properties committee shall explain, in writing, how each site selected by the committee for a state facility meets the criteria described in subsection (b) of this section.
4. For any lease, rental agreement, or extension of an existing rental agreement for leased office and operating space that carries a term of five (5) years or longer, including any options or extensions that bring the total term to five (5) years or longer, where the state is the tenant and the aggregate rent of the terms exceeds five hundred thousand dollars ($500,000), the state properties committee shall request approval of the general assembly prior to entering into any new agreements or signing any extensions with existing landlords. The state properties committee, in the form of a resolution, shall provide information relating to the purpose of the lease or rental agreement, the agency’s current lease or rental costs, the expiration date of any present lease or rental agreement, the range of costs of a new lease or rental agreement, the proposed term of a new agreement, and the location and owner of the desired property.

History of Section. P.L. 1953, ch. 3105, § 22; G.L. 1956, § 37-6-2 ; P.L. 1992, ch. 133, art. 113, § 2; P.L. 1997, ch. 326, § 160; P.L. 2006, ch. 246, art. 38, § 23; P.L. 2019, ch. 191, § 1; P.L. 2019, ch. 244, § 1.

37-6-3. Detail of state employees to duty with committee.

Upon request of the state properties committee, the head of any department, board, bureau, or commission of the state government shall detail to the committee any state employee under his or her supervision whose assistance as professional personnel, technician, or expert, or whose services as stenographer or clerical worker shall be deemed necessary or desirable to the work of the committee, for temporary duty with the committee for periods not exceeding two (2) weeks in any one case.

History of Section. P.L. 1953, ch. 3105, § 23; G.L. 1956, § 37-6-3 .

37-6-4. Powers and duties supplemental.

The powers and duties vested in the state purchasing agent, the director of administration, and the attorney general by the provisions of this chapter and §§ 37-7-1 — 37-7-9 shall be construed to be in addition to any and all other powers and duties vested in them by any other general or public law, and not in substitution thereof.

History of Section. P.L. 1953, ch. 3105, § 24; G.L. 1956, § 37-6-4 .

37-6-5. Power of department and agency heads to acquire property for public use.

1. Whenever in the opinion of the head of any department, board, bureau, commission, or agency of the state government, hereinafter referred to as the acquiring authority, the acquisition of land or other real property or any interest, estate, or right therein is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of any governmental facility, public work, or public improvement, the acquiring authority shall be and hereby is authorized and empowered, within the limits of the appropriations that are available or that shall be made available, with the approval of the state properties committee, and in the case of purchases by or gifts or devises to the state, subject to the approval of the governor, to take in fee simple or otherwise in the name and for the benefit of the state of Rhode Island, by purchase, lease, gift, or devise lands and other real property and rights, interests, estates, easements, and privileges therein, and foreshore, riparian, and littoral rights thereto for the public use within the state of Rhode Island.
2. No acquiring authority shall relinquish riparian rights of Colt State Park or Poppasquash Road, Bristol to any entity for private use.

History of Section. P.L. 1953, ch. 3105, § 2; G.L. 1956, § 37-6-5 ; P.L. 2005, ch. 432, § 1.

37-6-6. Notice to Rhode Island economic development corporation of proposed acquisition or disposal.

Before acquiring and before disposing of any land or other real property or any interest, estate, or right therein, by conveyance, grant, lease, or license, except by license terminable by will, the acquiring authority shall give written notice of its contemplated or proposed action to the Rhode Island economic development corporation and afford the corporation a reasonable opportunity to study and make its recommendations thereon.

History of Section. P.L. 1953, ch. 3105, § 3; G.L. 1956, § 37-6-6 .

37-6-7. Consideration of public interest — Certificate that state employee is not interested in site selected.

In the selection of a site for acquisition for any public use, reference shall be had to the interest and convenience of the public, as well as to the best interests of the state government. The state properties committee shall have the power, and it shall be its duty, to set aside any selection which in its opinion has not been made solely with reference thereto. Before any site shall be finally adopted, each and every state employee acting in the selection of the site shall make and file with the committee a certificate under penalty of perjury that he or she is not, at the time of making the certificate, and was not at the date of making the selection of the site, directly or indirectly, interested in the property selected for the same, and that he or she has not received and will not receive, either directly or indirectly, any inducement, commission, brokerage, fee, consideration, gift, or reward for or as a result of the selection or acquisition of the site.

History of Section. P.L. 1953, ch. 3105, § 4; G.L. 1956, § 37-6-7 .

37-6-8. Approval and filing of conveyances to state.

Every instrument conveying an interest in land or other real property to the state shall, prior to acceptance, be approved by the acquiring authority, and as to substance, by the director of administration, and as to form, by the attorney general, and a copy of each instrument of conveyance shall be filed with the general treasurer.

History of Section. P.L. 1953, ch. 3105, § 5; G.L. 1956, § 37-6-8 .

37-6-9. Acceptance of conveyances by treasurer.

The general treasurer is hereby directed, authorized, and empowered, with the approval of the acquiring authority, and subject to the approval of the state properties committee and of the governor, to receive, take title to, and hold in trust for the state, exempt from taxation, any gift, grant, or devise of lands or interests, estates, or rights, therein made for the purposes of this chapter.

History of Section. P.L. 1953, ch. 3105, § 6; G.L. 1956, § 37-6-9 .

37-6-10. Acquisition of limited or encumbered title.

Whenever in the opinion of the acquiring authority the purposes for which control over any land or other real property is needed are not essentially impaired by the acquisition of an interest in the land, or other real property less than a fee simple, or less than perpetual in duration, or subject to any easements or rights of way, or subject to reserved or outstanding interests or rights, and there is a substantial saving in cost by acquiring limited title or title subject to the encumbrances, reserved or outstanding interests or rights in the land or other real property, as compared with the cost of acquiring fee simple unencumbered title thereto, the acquiring authority shall be and hereby is authorized and empowered, with the approval of the state properties committee, to take and accept an interest less than a fee simple in the land or real property, or for a limited period of time, or subject to easements, rights of way, reserved or outstanding interests or rights, and the attorney general in that case may approve the limited title or title subject to easements, rights of way, reservations, or outstanding interests or rights.

History of Section. P.L. 1953, ch. 3105, § 7; G.L. 1956, § 37-6-10 .

37-6-11. Acquisition of outstanding interests limiting or encumbering title.

Whenever estates, rights, interests, easements, and privileges in lands or other real property can be acquired at prices reasonable in the judgment of the state properties committee, the acquiring authority is authorized and empowered to acquire the estates, rights, interests, easements, and privileges by purchase. The state controller, upon the passage of title to the state, is authorized and directed, upon receipt by him or her of proper and duly authenticated vouchers, to draw his or her order upon the general treasurer for the payment of the purchase price therefor out of the amount appropriated to the acquiring authority.

History of Section. P.L. 1953, ch. 3105, § 8; G.L. 1956, § 37-6-11 .

37-6-12. Examination of title by attorney general — Acquisition of title insurance.

The attorney general shall require the state purchasing agent to engage a title insurance company doing business within this state to furnish a certificate of title or to issue to the state a policy of title insurance covering the real estate, and the expense of procuring the certificate or title insurance policy shall be paid out of the appropriation made to the acquiring authority for the acquisition. No public money shall be expended upon any site or land purchased by, devised to, or conveyed as a gift to the state until the acquisition of such certificate of title or policy of title insurance.

History of Section. P.L. 1953, ch. 3105, § 9; G.L. 1956, § 37-6-12 ; P.L. 2002, ch. 401, § 2.

37-6-13. Authorization of condemnation for road purposes.

Whenever in the opinion of the director of transportation the acquisition of land or other real property or any interest, estate, or right therein is necessary or advantageous for the establishing, laying out, widening, extending, relocating, regrading, straightening, or improving of any public highway, street, or parkway, or to secure more suitable lines, grades, or safety, the state properties committee may authorize the acquisition thereof by condemnation proceedings; provided, however, the state properties committee shall not authorize any land or estate owned and used by any railroad company to be taken by condemnation until after hearing before the division of public utilities and carriers and until the consent of the division of public utilities and carriers to the taking shall be given.

History of Section. P.L. 1953, ch. 3105, § 10; G.L. 1956, § 37-6-13 .

37-6-13.1. Authorization of condemnation for state office buildings.

Whenever in the opinion of the director of administration the acquisition of land or other real property or any interest, estate, or right therein is necessary or advantageous for the construction of state office buildings, including parking areas required therefor, and other related facilities within that parcel of real estate bounded on the north by Orms Street, on the west by Freeway Service Drive, on the south by Smith Street and on the east by the railroad tracks of the New York, New Haven, and Hartford Railroad Company, except that portion of the parcel owned by St. Patrick’s Church, Providence, Rhode Island, the state properties committee may authorize the acquisition thereof by condemnation proceedings; provided, however, the state properties committee shall not authorize any land or estate owned and used by any railroad company to be taken by condemnation until after a hearing before the division of public utilities and carriers and until the consent of the division of public utilities and carriers to the taking shall be given.

History of Section. P.L. 1967, ch. 91, § 1.

37-6-14. Filing of condemnation papers — Vesting of title — Availability of state treasury funds.

Within six (6) months after the state properties committee has authorized condemnation proceedings, the acquiring authority shall file in the office of the recorder of deeds or town clerk in the city or town where the land or other real property to be acquired is situated, a description of the land or other real property, a plat thereof, a statement that the land or other real property is taken pursuant to the provisions of this chapter, and the nature of the title to be acquired, whether the title be a fee simple or less than perpetual in duration, or subject to any easements or rights of way, or subject to any reserved or outstanding interests or rights, or subject to any encumbrances. The description, plat, and statement shall be signed by the head of the acquiring authority and upon the filing of the description, plat, and statement the title of such land or other real property as set forth in the statement shall vest in the state of Rhode Island. All funds at any time in the state treasury not otherwise appropriated shall thereupon be available for the payment of the value of the land or other real property so taken and of appurtenant damage to any remainder with lawful interest thereon.

History of Section. P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-14 .

37-6-15. Service of notice of condemnation.

After the filing of the description, plat, and statement, a notice of the taking of the land or other real property shall be served upon the owner and persons having an estate or right in or who are interested in the land or other real property by any deputy sheriff, or constable for the county in which the land or other real property is situated. The officer who shall leave a true and attested copy of the description and statement with each of the persons personally or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the person or persons, if any, in charge of, or having possession of, the land or other real property taken of the absent persons, and another copy thereof shall be mailed to the address of the absent persons, if the same is known to the officer serving the notice.

History of Section. P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-15 ; P.L. 1993, ch. 100, § 1; P.L. 1993, ch. 214, § 1; P.L. 2012, ch. 324, § 72.

37-6-16. Publication of notice of condemnation.

1. After the filing of the description and statement, the acquiring authority shall cause a notice of condemnation to be published in the newspaper of greatest circulation in the city or town where the land or other real property is located at least once a week for three (3) successive weeks. The notice shall contain the name of the acquiring authority, the plat number of the taking, the date the condemnation was authorized by the state properties committee, the date of the taking, the property interest or interests acquired, the purpose of the taking, and the location of the area of the condemnation together with a statement that the complete description may be obtained from the office of the director of the condemning authority.
2. For the purposes of this statute, a notice in substantially the following form will suffice: NOTICE OF CONDEMNATION — [Plat Number]. Location: [City or Town] — [Street, streets or area or location of taking]. The [condemning authority] pursuant to authorization received from the state properties committee on [date] did on [date] take [fee, simple title, permanent easements, temporary easements, or other interest in property] in the location referred to above for [purpose of taking]. A complete description of the taking may be obtained from [the office of the director of the condemning authority, address].

History of Section. P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-16 ; P.L. 1982, ch. 225, § 1; P.L. 1994, ch. 85, § 1.

37-6-17. Payment of agreed price for condemned land.

If any party shall agree with the acquiring authority upon the sum to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, and the price shall be approved by the state properties committee, the price shall be paid to him or her forthwith. The state controller is authorized and directed, upon receipt by him or her of proper and duly authenticated vouchers, to draw his or her order upon the general treasurer for the payment of the agreed price out of any funds appropriated and available therefor; provided, however, that if any party shall fail to agree with the acquiring authority upon the sum to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, then, the state properties committee, upon the application of the party in interest and of the joinder of all other parties in interest shall order paid forthwith, to the party or parties so applying for or on account of the just compensation to be awarded under a petition filed or to be filed in the superior court for the assessment of damages, in accordance with the provisions of this chapter, not less than one hundred percent (100%) of the acquiring authority’s offer pending final disposition of the court proceeding. The verdict and the judgment thereafter entered in the court proceeding shall not include any item for interest upon such amount as shall be or could have been ordered paid by the state properties committee on account of the just compensation for any period of time from and after thirty (30) days following the making in writing of the acquiring authority’s offer.

History of Section. P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-17 ; P.L. 1961, ch. 166, § 1; P.L. 1966, ch. 219, § 1; P.L. 1981, ch. 225.

37-6-18. Petition for assessment of damages by jury.

Any owner of, or any person entitled to any estate or right in, or interested in any part of the land or other real property so taken, who cannot agree with the acquiring authority upon the price to be paid for his or her estate, right, or interest in land or other real property so taken and the appurtenant damage to the remainder, may within one year from the filing of the description and statement aforesaid, apply by petition to the superior court in the county of Providence or to the superior court for one of the counties in which the land or other real property may be situated, setting forth the taking of his or her land or his or her estate or interest therein and praying for an assessment of damages by a jury. Upon the filing of the petition, the court shall cause twenty (20) days notice of the pendency thereof to be given to the acquiring authority by serving the head thereof with a certified copy thereof and by leaving certified copies thereof at the office of the attorney general and at the office of the state properties committee.

History of Section. P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-18 .

37-6-19. Late filing of petition for assessment of damages.

In case any owner of or any person having an estate or interest in land or other real property shall fail to file his or her petition as provided in § 37-6-18 , the superior court in the county of Providence or the superior court for one of the counties in which the land or other real property may be situated, in its discretion, may permit the filing of the petition subsequent to the one year period from the filing of the description and statement; provided, the person shall have had no actual knowledge of the taking of the land in time to file the petition; and provided, that the state shall not have paid any other person or persons claiming to own the land the value thereof or be liable to pay for the land under any judgment rendered under the provisions of this chapter.

History of Section. P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-19 ; P.L. 1997, ch. 326, § 160.

37-6-20. Pretrial conference with state properties committee — Proceeding to trial.

In the event that the government of the United States of America does not participate with the state of Rhode Island in the payment of any funds to the claimant or claimants of an estate, then within sixty (60) days after the service of a certified copy upon the head of the acquiring authority, the owner of and any person entitled to any estate in or interested in any part of the land or other real property so taken shall confer with the state properties committee and, if at the expiration of ninety (90) days after the service of the certified copy upon the head of the acquiring authority, the owner of and person entitled to any estate in or interested in any part of the land or other real property so taken has not agreed with the state properties committee upon the price to be paid for his or her estate, right, or interest in the land or other real property so taken and the appurtenant damage to the remainder, he or she may proceed to the trial thereof in the superior court. In the event that the government of the United States of America does participate with the state of Rhode Island in the payment of any funds, in any proportion, to the claimant or claimants of the estate, then the owner of and any person entitled to any estate in or interested in any part of the land or other real property so taken shall not confer with the state properties committee, but the cause may then proceed to trial in the superior court.

History of Section. P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-20 ; P.L. 1962, ch. 9, § 1.

37-6-21. Conduct of trial on damages.

A trial shall be conducted as other civil actions at law are tried. The trial shall determine all questions of fact relating to the value of the estate or interest in the land or other real property taken and the appurtenant damage to any remainder and the amount thereof. The trial and verdict of the jury shall be subject to all rights to move for new trial and to appeal as are provided by law.

History of Section. P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-21 .

37-6-21.1. Expediting proceedings.

In any proceedings for the assessment of damages for real property so taken by the state under the provisions of this chapter, at any time during the pendency of the action or proceeding, the state or owner may apply to the court for an order directing the owner or state, as the case may be, to show cause why the further proceeding should not be expedited. The court may upon application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition, and all the court actions shall have precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day basis until the matter is heard.

History of Section. P.L. 1982, ch. 240, § 1.

37-6-22. Consolidation of petitions as to same land.

In case two (2) or more petitioners make claim to the same land, or other real property, or to any estate or interest therein, or to different estates or interests in the same parcel of land or other real property, the court shall, upon motion, consolidate their several petitions for trial and shall frame all necessary issues therefor.

History of Section. P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-22 .

37-6-23. Calculation of interest and payment of judgment.

1. If a petition for assessment of damages is filed, then the property owner shall be entitled to interest on the fair market value of the property taken by the acquiring authority from the date it is condemned to the day that judgment enters. Interest thereon shall be calculated on the fair market value of the property which exceeds the amount offered by the acquiring authority pending final disposition of the court proceedings. Upon a recovery of final judgment, an execution shall be issued therefor and shall be forthwith paid by the general treasurer out of any funds appropriated and available therefor. Interest on any judgment shall be computed daily to the date of payment and shall be compounded annually. Interest shall be calculated as follows:
   1. Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period form the date of taking at an annual rate equal to the weekly average one year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the taking.
   2. Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with subdivision (1) of this section and interest for each additional year shall be calculated on the combined amount of the principal and accrued interest at an annual rate equal to the weekly average one year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year.
2. In the event the one year constant maturity Treasury yield is converted to a different standard reference base or otherwise revised, the determination of interest shall be made with the use of such converted or revised standard reference base. In the event the Board of Governors of the Federal Reserve System ceases to publish a converted or revised rate, interest shall be calculated at a rate published by the United States Treasury Department, or other comparable entity, that establishes a rate reflecting or best approximating the market conditions for one year investments at the time of the taking and each additional year that interest is owed pursuant to subdivision (2) above.

History of Section. P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-23 ; P.L. 1962, ch. 9, § 1; P.L. 1968, ch. 257, § 1; P.L. 1989, ch. 555, § 4; P.L. 1994, ch. 258, § 1; P.L. 2003, ch. 260, § 1; P.L. 2003, ch. 275, § 1; P.L. 2011, ch. 363, § 36.

Applicability.

P.L. 2003, ch. 260, § 3 provides that the amendment to this section by that act takes effect upon passage [July 17, 2003] and shall apply retroactively to the calculation of interest on condemnation awards and shall be used for calculating interest on condemnation awards for any period from and after February 28, 2001, and the rate of interest for periods prior to February 28, 2001, shall continue to be calculated in the same manner as before this amendment.

P.L. 2003, ch. 275, § 3 provides that the amendment to this section by that act takes effect upon passage [July 17, 2003] and shall apply retroactively to the calculation of interest on condemnation awards and shall be used for calculating interest on condemnation award for any period from and after February 28, 2001, and the rate of interest for periods prior to February 28, 2001, shall continue to be calculated in the same manner as before this amendment.

37-6-23.1. Procedure where no claim filed or owner unknown or under disability.

1. If, after the expiration of one year following the filing of the description, plat, and statement as provided in § 37-6-14 , and after notice by publication as prescribed by § 37-6-16 , no petition for an assessment of damages has been filed in the superior court pursuant to § 37-6-18 or otherwise, the acquiring authority may petition the superior court for one of the counties in which the land or other real property is situated for a determination of the fair value of the land or other real property so taken and of appurtenant damages to any remainder, or for the value of any estate, right, or interest therein. After such notice as the court shall order, the court shall proceed to hear the matter and shall enter a decision for the amount or amounts to be awarded and costs. Upon entry of judgment, the acquiring authority shall forthwith deposit the sum so awarded in the registry of the court in a special account to accumulate for the benefit of the person entitled thereto. The acquiring authority making the deposit shall take the receipt of the clerk of the superior court therefor which shall operate as a release and discharge to the acquiring authority for all claims for damages resulting from the taking. When any person entitled to money so deposited shall satisfy the superior court of his or her right to receive the money, the court shall cause the money to be paid over to him or her with all accumulations thereon.
2. If the owner of or person entitled to any estate, right, or interest in any part of the land so taken shall be found to be a person unascertained, or not in being, or a person whose whereabouts are unknown, or a minor or other person not capable in law to act in his or her own behalf, or a person in military service, or if the owner or person shall default in answering the petition, the superior court before which the proceeding is pending shall appoint an attorney at law duly admitted to practice in this state as a guardian ad litem or other representative for the person, and the guardian or representative shall appear, represent, and be heard in behalf of the person. Before entering judgment, the court shall fix the fee to be paid to each guardian or representative so appointed and the fees for any appraisers engaged by him or her. These amount of expenses to be allowed him or her, which fees and expenses shall be considered charges against and shall be deducted from the sum deposited in the registry for the benefit of the person, and the receipt therefor of the guardian or representative so appointed shall be a sufficient discharge to the clerk of court.

History of Section. P.L. 1962, ch. 76, § 1.

37-6-23.2. Deposit of fair market value as determined by state’s reviewing appraiser.

1. If, after the expiration of one year following the filing of the description, plat, and statement as provided in § 37-6-14 , and after notice by publication as prescribed by § 37-6-16 , no petition for an assessment of damages has been filed in the superior court pursuant to § 37-6-18 or otherwise, the acquiring authority may petition the superior court for one of the counties in which the land or other real property is situated or for Providence county for permission to deposit in the registry of the court a sum of money equal to the amount of appraisal of the parcel of land taken which was approved by the state’s reviewing appraiser as the fair market value of the parcel or parcels of land taken and of appurtenant damages to any remainder. The sum shall be deposited in the registry of the court in a special account to accumulate for the benefit of the person or persons entitled thereto. The acquiring authority making the deposit shall take the receipt of the clerk of the superior court as evidence of his or her compliance with the order of the court. After such notice as the court shall order, the court after hearing evidence as to the approved figure of the state’s reviewing appraiser, as aforesaid, shall direct the amount to be so deposited and invested. The acquiring authority shall have the right to join several parcels of land in a single petition, despite the fact that the parcels are owned by different persons, but, wherever possible, the sum deposited for each parcel owned separately or owned in common by more than one person shall be designated and recorded with the clerk of court at the time of the deposit. When any person entitled to money so deposited shall satisfy the superior court of his or her right to receive the money, the court shall cause the money to be paid over to him or her with all accumulations thereon.
2. If a petition is filed under the provisions of § 37-6-23.1 after the deposit of a sum of money in the registry of the court has been made for the land or real property so taken in accordance with the provisions of this section, upon entry of judgment thereon, the court shall order the sum of money theretofore deposited in the registry of the court transferred to the special account provided for in § 37-6-23.1 , and the acquiring authority shall thereupon deposit in the special account a sum of money equal to the difference between the sum transferred and the sum awarded by the court in its decision made under the provisions of § 37-6-23.1.
3. Nothing in this section shall prevent or interfere with the operation of any other section of this title.

History of Section. P.L. 1970, ch. 30, § 1; P.L. 1997, ch. 326, § 160.

37-6-24. Conveyance of land in exchange for property taken — Construction on or improvement of land remaining to private owner.

Whenever in the opinion of the acquiring authority a substantial saving in the cost of acquiring title can be effected by conveying other land or other real property, title to which is in the state, to the person or persons from whom the estate or interest in land or other real property is being purchased or taken, or by the construction or improvement by the acquiring authority of any work or facility upon the remaining land or other real property of the person or persons from whom the estate or interest in land or other real property is being purchased or taken, the acquiring authority shall be and hereby is authorized and directed, with the approval of the state properties committee, to convey by instrument, approved as to substance by the director of administration and as to form by the attorney general, such other land or other real property of the state to the person or persons from whom the estate or interest in land or other real property is being purchased or taken, and to construct or improve any work or facility upon the remaining land of the person or persons.

History of Section. P.L. 1953, ch. 3105, § 13; G.L. 1956, § 37-6-24 .

37-6-25. Liberal construction — Technicalities — Severability.

The provisions of this chapter and §§ 37-7-1 — 37-7-9 shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the state properties committee or the acquiring authority by the provisions thereof, the statement thereof shall not be held to exclude or impair any implied and incidental powers and such additional powers, not inconsistent with any express provisions of this chapter and §§ 37-7-1 — 37-7-9 , which may constitutionally be conferred upon it, as may be proper and reasonably necessary to effectuate the purposes of this chapter and §§ 37-7-1 — 37-7-9. No order, rule, regulation, or action of the state properties committee shall be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto. If any provision of this chapter or §§ 37-7-1 — 37-7-9, or any order, rule, or regulation made or action performed under them, or the application of a provision to any person or under any circumstances shall be held invalid by a decision of any court of competent jurisdiction, the remainder of this chapter and §§ 37-7-1 — 37-7-9, or of the order, rule, regulation, or action and the application of a provision to other persons or under other circumstances, shall not be affected by the decision. The invalidity of any section or sections or parts of any section or sections of this chapter or of §§ 37-7-1 — 37-7-9, shall not affect the validity of the remainder of the chapter and sections, and it is hereby declared to be the legislative intent that the chapter and sections would have been enacted if the invalid parts had not been included therein.

History of Section. P.L. 1953, ch. 3105, § 25; G.L. 1956, § 37-6-25 .

37-6-26. Acquisition of land for utility or railroad relocation necessitated by highway construction or improvement.

1. Whenever, in connection with the laying out, widening, relocating, improving, constructing, or altering of a highway by the department of transportation, land, an easement, or other interest therein owned by a public utility or railroad company, is acquired by the director of transportation under the provisions of this chapter, thereby necessitating the relocation of the facilities of the company, the director of transportation, subject to the provisions of this chapter, may acquire by purchase or may take by condemnation such land or easements therein as may be necessary for the relocation or replacement of the public utility or railroad facilities and convey the land or easements to the public utility or railroad company. The conveyance shall be in lieu of any damages for the value of the land, easements, or other interests therein of the company so taken by the director of transportation, not including, however, any damages for the cost of the relocation for which the state may be liable.
2. For the purposes of this section, the term “public utility” shall embrace the definition therefor contained within § 39-1-2 and, in addition, shall include any public water works or water service owned or furnished by any municipal or quasi-municipal corporation or authority.

History of Section. P.L. 1967, ch. 49, § 1.

37-6-27. Use of state property for city park purposes.

1. The state properties committee may, upon receipt of a request from a city or town, permit the use of state owned property within the city or town for park or recreational purposes. The city or town receiving permission to use state property shall be responsible for its maintenance and care.
2. Nothing contained in this section shall be construed to pass the legal title of any property to a city or town when permission for use is granted.

History of Section. P.L. 1972, ch. 110, § 1.

37-6-28. Compliance with federal law.

The state of Rhode Island and any and all of its agencies and departments are hereby authorized to comply fully with the pertinent provisions of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., and any subsequent amendments thereto, by making all of the payments authorized and set forth in the federal act and by providing any and all of the services as set forth in the federal act.

History of Section. P.L. 1981, ch. 225, § 2.

37-6-29. Repealed.

History of Section. P.L. 1989, ch. 555, § 5; P.L. 1994, ch. 258, § 2; Repealed by P.L. 2003, ch. 260, § 2; P.L. 2003, ch. 275, § 2, effective July 17, 2003. For present comparable provisions, see § 37-6-23 .

37-6-30. Registry of leases.

1. The chief purchasing officer as defined in subsection 37-2-7(3) shall cause to be established a registry of leases which shall be indexed and copies shall be kept of all leases entered into by the state or any of its agencies. The state and any department, board, bureau, commission, officer, or agency of the state entering into a lease agreement shall submit a copy of the lease to the chief purchasing officer for inclusion in the registry of leases no later than three (3) business days after execution of the lease. The registry shall index leases by property location, name and address of lessor and lessee, date of execution, and date of expiration. The registry shall contain certificates of compliance issued by all public corporations and quasi-public agencies that have fulfilled the requirements of subsection (c) herein. All leases entered into the registry on or after July 1, 2008 shall remain in the registry for five (5) years subsequent to the date of expiration of the lease. The chief purchasing officer shall maintain the registry of leases and copies of the registry and all leases and certificates of compliance contained therein shall be made available for public inspection. The chief purchasing officer shall post on the division’s website the registry of leases and each lease contained therein no later than three (3) business days after receipt of each lease.
2. The chief purchasing officer shall electronically transmit the registry of leases and certificates of compliance to the secretary of state for posting online, in accordance with rules and regulations which shall be promulgated by the secretary of state. Thereafter, the chief purchasing officer shall electronically transmit to the secretary of state for posting online, each lease and certificate of compliance described in subsection (a) no later than three (3) business days after receipt of the lease. This requirement of electronic transmission of the registry of leases and subsequently executed leases and certificates of compliance with the secretary of state shall take effect on January 1, 2009.
3. Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subsection 35-20-5(4) and quasi-public agencies shall cause to be established a registry of all its leases which shall be indexed, and copies shall be kept of all such leases. Each public corporation or quasi-public agency shall maintain a registry of its leases and copies of the registry and all leases contained therein shall be made available for public inspection. The public corporation or quasi-public agency shall post on its website the registry of leases and each lease contained therein no later than three (3) business days after execution of each lease. The registry shall index leases by property location, name and address of lessor and lessee, date of execution, and date of expiration. All leases entered into the registry on or after July 1, 2008 shall remain in the registry for five (5) years subsequent to the date of expiration. The public corporation or quasi-public agency shall electronically transmit the registry of leases to the secretary of state for posting online, in accordance with rules and regulations which shall be promulgated by the secretary of state. Thereafter, the public corporation or quasi-public agency shall electronically transmit to the secretary of state for posting online, each lease described herein no later than three (3) business days after the execution of the lease. Once the electronic transmission has been completed, the public corporation or quasi-public agency shall issue no later than three (3) business days after the execution of the lease a certificate stating its compliance with the requirements of this subsection to the chief purchasing officer. This requirement of electronic transmission of the registry of leases and subsequently executed leases with the secretary of state shall take effect on January 1, 2009.
4. The secretary of state shall maintain, on the agency’s website, an online database of leases and certificates of compliance required by this chapter. The online database shall be organized to promote transparency and be easily accessible to the public. The online database shall be searchable by property, location, name and address of lessor and lessee, date of execution, and date of expiration.

History of Section. P.L. 1992, ch. 231, § 1; P.L. 2008, ch. 462, § 1; P.L. 2009, ch. 310, § 21.

37-6.1-1. Approval of payments.

The director of the state department of transportation is hereby authorized to approve the payment by the general treasurer upon orders drawn by the state controller of relocation payments to eligible persons, businesses, farms, and nonprofit organizations of fair and reasonable relocation and other payments as provided by this chapter caused by their displacement from real property acquired by the state in conjunction with any federal or state highway program.

History of Section. P.L. 1963, ch. 90, § 1; P.L. 1969, ch. 218, § 1; P.L. 1997, ch. 326, § 161.

37-6.1-2. Administration of relocation assistance program.

In order to prevent unnecessary expenses and duplication of functions, the director of transportation may make relocation payments, or provide relocation assistance, or otherwise carry out the functions required under this chapter by utilizing the facilities, personnel, and services of any other federal, state, or local governmental agency having an established organization for conducting relocation assistance programs.

History of Section. P.L. 1969, ch. 218, § 1.

37-6.1-3. Purposes for which payments made.

1. Payments for actual expenses.  Upon application approved by the department of transportation, a person displaced by any state highway project may elect to receive actual reasonable expenses in moving him or herself, his or her family, his or her business, or his or her farm operation, including personal property, for a reasonable distance.
2. Optional payments  — Dwellings. Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive:
   1. A moving expense allowance determined according to a schedule established by the director of transportation, not to exceed two hundred dollars ($200); and
   2. A dislocation allowance of one hundred dollars ($100).
3. Optional payments  — Business and farm operations. Any displaced person who moves or discontinues his or her business or farm operation who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or five thousand dollars ($5,000), whichever is the lesser. In the case of a business, no payment shall be made under this subsection unless the director of transportation is satisfied that the business (i) cannot be relocated without a substantial loss of its existing patronage, and (ii) is not part of a commercial enterprise having at least one other establishment not being acquired by the state, which is engaged in the same or similar business. For purposes of this subsection, the term “average annual net earnings” means one half (1/2) of any net earnings of the business or farm operation, before taxes on income or gross receipts, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, and includes any compensation paid by the business or farm operation to the owner, his or her spouse, or his or her dependents during the two (2) year period.

History of Section. P.L. 1963, ch. 90, § 1; G.L. 1956, § 37-6.1-2 ; P.L. 1969, ch. 218, § 1; P.L. 1970, ch. 297, § 1.

37-6.1-4. Replacement housing.

1. In addition to amounts otherwise authorized by this chapter, the director of transportation shall make a payment to the owner of real property acquired for a project which is improved by a single, two (2), or three (3) family dwelling actually owned and occupied by the owner for not less than one year prior to the initiation of negotiations for the acquisition of the property. The payments, not to exceed amounts authorized by United States P.L. 91-646, [42 U.S.C. § 4601 et seq.], entitled Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, and any subsequent amendments thereto, shall be the amount, if any, which, when added to the acquisition payment, equals the average price required for a comparable dwelling determined, in accordance with standards established by the director of transportation, to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment, and available on the private market. The payment shall be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which he or she is required to move from the dwelling acquired for the project.
2. In addition to amounts otherwise authorized by this chapter, the director of transportation shall make a payment to any individual or family displaced from any dwelling not eligible to receive a payment under subsection (a) of this section, which dwelling was actually and lawfully occupied by the individual or family for not less than ninety (90) days prior to the initiation of negotiations for acquisition of the property, as is hereinafter specified. The payment, not to exceed amounts authorized by amounts allowable by United States P.L. 91-646, [42 U.S.C. § 4601, et seq.], entitled Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, and any subsequent amendments thereto shall be the increased differential in amount, if any, over the rental value or the acquisition price of the dwelling previously occupied, which is necessary to enable the person to lease or rent for a period not to exceed two (2) years, or to make the down payment on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities, the differential amount to be computed according to an equitable schedule or formula established by the director of transportation.

History of Section. P.L. 1969, ch. 218, § 1; P.L. 2000, ch. 169, § 1.

37-6.1-5. Expenses incidental to transfer of property.

In addition to amounts otherwise authorized by this chapter, the director of transportation shall reimburse the owner of real property acquired for a project for reasonable and necessary expenses incurred for:

1. Recording fees, transfer taxes, and similar expenses incidental to conveying the property;
2. Penalty costs for repayment of any mortgage entered into in good faith encumbering the real property if the mortgage is on record or has been filed for record on the date of acquisition by the state of the real estate; and
3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting of title in the state, or the effective date of the possession of the real property by the state, whichever is earlier.

History of Section. P.L. 1969, ch. 218, § 1.

37-6.1-6. Effect on eminent domain proceedings.

1. The payments authorized in this chapter shall not be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on August 23, 1968, and the payments are to be in addition to the just compensation established in condemnation proceedings but only to the extent that they are not otherwise included within the condemnation award.
2. In any condemnation proceedings where the director of transportation has, previous to an award made by the court, made available to the displaced person a portion of the fair market value of the acquired property, the payment authorized in subsection (a) of § 37-6.1-4 may be altered to reflect any change in the fair market value as may thereafter be established in the condemnation proceedings by the court. In any case where the director of transportation had made an advance payment and the amount payable under subsection (a) of § 37-6.1-4 is reduced by virtue of the determination of a higher fair market value by the court in the condemnation proceedings, the director of transportation may set off in the condemnation proceeding the amount by which the payment should be reduced against any additional sums payable to the displaced person under the terms of the award in the condemnation proceeding.

History of Section. P.L. 1969, ch. 218, § 1; P.L. 1990, ch. 492, § 9.

37-6.1-7. Relocation services.

The department of transportation shall provide a relocation advisory assistance program which shall include such measures, facilities, or services as may be necessary or appropriate in order:

1. To determine the needs, if any, of displaced families, individuals, business concerns, and farm operators for relocation assistance;
2. To assure that, within a reasonable period of time, prior to displacement, there will be available, to the extent that can reasonably be accomplished, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, housing meeting the standards established by the director of transportation for decent, safe, and sanitary dwellings, equal in number to the number of, and available to, the displaced families and individuals and reasonably accessible to their places of employment;
3. To assist owners of displaced businesses and displaced farm operators in obtaining and becoming established in suitable locations; and
4. To supply information concerning the federal housing administration home acquisition program under § 221(d)(2) of the National Housing Act 12 U.S.C. § 1715(d)(2), the small business disaster loan program under § 7(b)(3) of the Small Business Act 15 U.S.C. § 636(b)(3), and other state or federal programs offering assistance to displaced persons.

History of Section. P.L. 1969, ch. 218, § 1.

37-6.1-8. Rules and regulations.

1. To carry into effect the provisions of this chapter, the director of transportation is authorized to make such rules and regulations as he or she may determine to be necessary to assure:
   1. That the payments authorized by this chapter shall be fair, reasonable, and as uniform as practicable;
   2. That a displaced person who makes proper application for a payment authorized for a person by this chapter shall be paid promptly after a move or, in hardship cases, may be paid in advance; and
   3. That any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have his or her application reviewed by the director of transportation or his or her designated representative.
2. The director of transportation may make such other rules and regulations consistent with the provisions of this chapter as he or she deems necessary or appropriate to carry out this chapter.
3. The director of transportation, in order to achieve a uniform administration of related federal and state laws, may adopt all or any part of applicable federal rules and regulations relating to the subject matter of this chapter.

History of Section. P.L. 1969, ch. 218, § 1.

37-6.1-8.1. Compliance with federal law.

The state of Rhode Island and any and all of its agencies and departments are hereby authorized to comply fully with the pertinent provisions of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., and any subsequent amendments thereto, by making all of the payments authorized and set forth in the federal act and by providing any and all of the services as set forth in the federal act.

History of Section. P.L. 1971, ch. 19, § 1.

37-6.1-9. Definitions.

As used in the preceding sections of this chapter the following terms shall have the following meanings:

1. “Business” means any lawful activity conducted primarily:
   1. For the purchase and resale, manufacture, processing, or marketing of products, commodities, or any other personal property;
   2. For the sale of services to the public; or
   3. By a nonprofit organization.
2. “Displaced person” means any person who moves from real property on or after August 23, 1968, as a result of the acquisition or reasonable expectation of acquisition of real property, which is subsequently acquired in whole or in part by the state for a highway, or as the result of the acquisition by the state for a highway of other real property on which the person conducts a business or farm operation. A person who moves from real property which is subsequently acquired for a state highway as a result of the “reasonable expectation of acquisition of the real property” is one who moves from the property (i) after notification by the department of transportation that the property is to be acquired for a project or after the location of the highway has been definitely established and approved by the department of transportation and (ii) within twelve (12) months before the property is scheduled to be taken by the state; provided that a person who moves onto real property within twelve (12) months before the property is scheduled to be taken by the state and moves from the property more than ninety (90) days before the property is scheduled to be taken by the state is not a displaced person for the purposes of this chapter. Any person who moves from the property prior to acquisition thereof by the state, in order to be eligible for payment under this chapter shall, prior to the removal, notify the department of transportation in writing thereof and receive the certificate of the department of transportation as to his or her eligibility as a displaced person for the purposes of this chapter subject to the subsequent acquisition of the property by the state.
3. “Family” means two (2) or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship.
4. “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.
5. “Person” means:
   1. Any individual, partnership, corporation, or association which is the owner of a business;
   2. Any owner, part owner, tenant, or sharecropper who operates a farm;
   3. An individual who is the head of a family; or
   4. An individual not a member of a family.

History of Section. P.L. 1969, ch. 218, § 1; P.L. 1997, ch. 326, § 161.

37-6.1-10. Reservoir program — Relocation payments.

The water resources board is hereby authorized to approve the payment by the general treasurer upon orders drawn by the state controller of relocation payments to eligible owner and nonowner persons, families, business concerns, and nonprofit organizations for their reasonable and necessary moving expenses caused by their displacement from real property acquired by the state in conjunction with any federal or state reservoir program.

History of Section. P.L. 1966, ch. 279, § 1; G.L. 1956, § 37-6.1-5 ; P.L. 1969, ch. 218, § 1.

37-6.1-11. Reservoir program — Rules and regulations for relocation payments — Maximum payments.

Payments under § 37-6.1-10 shall be subject to such rules and regulations as may be prescribed by the water resources board and shall not exceed two hundred dollars ($200) in the case of an individual or family, or three thousand dollars ($3,000) in the case of a business concern (including the operation of a farm) or nonprofit organization. In the case of a business (including the operation of a farm) and in the case of a non-profit organization, the allowable expenses for transportation under this section shall not exceed the cost of moving fifty (50) miles from the point from which the business or organization is being displaced. The rules and regulations may include provisions authorizing relocation payments to be made to individuals and families of fixed amounts (not to exceed two hundred dollars ($200) in any case) in lieu of their respective, reasonable, and necessary moving expenses.

History of Section. P.L. 1966, ch. 279, § 1; G.L. 1956, § 37-6.1-6 ; P.L. 1969, ch. 218, § 1.

37-6.1-12. Severability.

The provisions of this chapter are severable and if any of its provisions are adjudged to be invalid or unconstitutional, this shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1969, ch. 218, § 2.

37-6.2-1. Legislative declaration.

The general assembly hereby finds and declares that the restoration, preservation, and enhancement of scenic beauty within and adjacent to federal aid highways within this state and the development of publicly owned rest and recreation areas, sanitary, and other facilities within or adjacent to the right of way of highways for the accommodation of the traveling public promotes the public safety, health, and general welfare.

History of Section. P.L. 1966, ch. 59, § 1.

37-6.2-2. Power of director of transportation to acquire property.

The director of transportation is hereby authorized to acquire by gift, purchase, or condemnation, in accordance with chapter 6 of this title, any interest, estate, or right in and to real property adjacent to or within federal aid highways of this state so as to improve strips of land necessary for the restoration, preservation, and enhancement of scenic beauty within and adjacent to highways, or for the establishment of publicly owned and controlled rest and recreation areas, sanitary, and other facilities within or adjacent to the right of way of the highways reasonably necessary to accommodate the traveling public.

History of Section. P.L. 1966, ch. 59, § 1.

37-6.2-3. Agreements with federal authorities.

The director of transportation is hereby authorized to enter into agreements with the U.S. secretary of transportation as provided by 23 U.S.C. § 319 relating to landscaping, scenic enhancement, or the establishment of publicly owned and controlled rest and recreation areas, sanitary, and other facilities reasonably necessary to accommodate the traveling public in areas within or adjacent to federal aid highways within this state.

History of Section. P.L. 1966, ch. 59, § 1.

37-6.2-4. Severability.

If any section, clause, or provision of this chapter shall be held either unconstitutional or ineffective in whole or in part to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause, or provision shall on account thereof be termed invalid or ineffective.

History of Section. P.L. 1966, ch. 59, § 1.

37-7-1. Rental of acquired land pending application to public use.

The acquiring authority with the approval of the state properties committee is authorized, whenever title to land and other real property is acquired by the state by purchase, gift, devise, or condemnation, to rent the land or any building or buildings thereon not reserved by the vendor, donor, or devisor until the use of the land or the removal of the structures becomes necessary to the purpose for which the land or other real property is acquired. The amount to be charged for rental shall in each instance be approved by the state purchasing agent and the receipts therefor shall be deposited with the general treasurer.

History of Section. P.L. 1953, ch. 3105, § 14; G.L. 1956, § 37-7-1 ; P.L. 1968, ch. 257, § 2.

37-7-2. Use or sale of products of state owned land.

Whenever any clay, gravel, sand, rock, earth, mineral, or other natural resource obtained from the soil or water of state owned real property, or any outgrowth, harvest, crop, agricultural, fishery, or forestry product, or any other produce found in, produced from, or grown in the soil or water of state owned real property, or any other yield or issue of state owned real property, shall become available to the acquiring authority and shall not be required for use by it, the acquiring authority shall forthwith notify the state purchasing agent who may requisition the same or any part thereof for use by any other department, board, bureau, commission, or agency of the state, or may sell the products or any part thereof to the highest bidder at public sale after giving public notice thereof by having the notice posted in some suitable public place for at least two (2) full business days before the sale, or at a private sale for not less than its appraisal value, or may, with the approval of the state properties committee, dispose of the products in such other manner and upon such terms and conditions as may in his or her judgment be most advantageous to the public interest.

History of Section. P.L. 1953, ch. 3105, § 15; G.L. 1956, § 37-7-2 .

37-7-3. Reconveyance, lease, or sale of land acquired by condemnation.

Whenever in the opinion of the acquiring authority any land or other real property or interest therein taken by condemnation is no longer required for the purpose for which it was taken, the acquiring authority, with the approval of the state properties committee, may, with the consent of the person or persons from whom the land, property, or interest was obtained, or their heirs, successors, or assigns, convey the property or any part thereof, with or without suitable restrictions, by executing and recording a deed thereof. The deed shall be executed on behalf of the state by the acquiring authority, approved as to substance by the director of administration, and approved as to form by the attorney general. The recorded deed shall thereby revest the title to the land, property or interest therein to the persons, their heirs, successors, or assigns, in whom it was vested at the time of the taking, and the fair market value of the land or property or interest therein so conveyed at the time of the conveyance shall be considered in mitigation of damages in any proceedings instituted on account of the taking. Or, the acquiring authority, with the approval of the state properties committee, may lease or sell and convey the property, with or without suitable restrictions, for consideration not less than that paid for it by the acquiring authority or not less than its appraised value as determined by the state properties committee at the time of the leasing or selling, by executing and delivering a lease or deed thereof, which lease or deed shall be executed on behalf of the state by the acquiring authority, approved as to substance by the director of administration, and approved as to form by the attorney general; provided, however, the person or persons in whom the title to the land or property or interest therein was vested at the time it was acquired under the provisions of this chapter shall, if living, have the right to lease, purchase, or reinvest him or herself or themselves, as the case may be, of the land or property or interest therein before the property may be leased, sold, or conveyed as provided by this section. A prior right shall be conclusively presumed to have been waived in the event that a written offer to lease, sell, or convey the property, containing the terms and conditions of the offer, shall be sent by registered or certified mail to the last known address of the person or persons, and the offer shall not have been accepted within thirty (30) days from the date of the mailing. In the event the prior right to purchase or lease the land or real property shall be waived by the person or persons in whom the title to the land or property or interest therein was vested, the city or town wherein the land or property is situated shall have the second right to purchase or lease the land and property upon the same terms and conditions as the acquiring authority was willing to sell or lease the land or property to the vested person or persons thereof. A second right to purchase or lease the land or property shall be conclusively presumed to have been waived in the event a written offer to sell or lease the same, containing the terms of the offer, shall have been sent by registered or certified mail to the city or town clerk, as the case may be, wherein the land and property are situated and the offer shall not have been accepted within thirty (30) days from the date of the mailing.

History of Section. P.L. 1953, ch. 3105, § 16; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 37-7-3 ; P.L. 1966, ch. 203, § 1.

37-7-4. Land taken for improvements adjacent to roads.

Whenever land is taken for the establishing, laying out, widening, extending, or relocating of public highways, streets, places, parks, or parkways, the acquiring authority may take more land and property than is needed for actual construction; provided, however, that the additional land and property so acquired or taken shall be no more in extent than would be sufficient to form suitable building sites abutting on the public highway, street, place, park, or parkway. After so much of the land and property has been appropriated for the public highway, street, place, park, or parkway as is needed therefor, the remainder may be held and improved by the acquiring authority for any public purpose or purposes, or may, with the approval of the state properties committee, be sold or leased for value, with or without suitable restrictions, and in the case of any sale or lease, the person or persons from whom the remainder was taken shall have the first right to purchase or lease the property upon such terms as the acquiring authority, with the approval of the state purchasing agent, is willing to sell or lease the property. The first right to purchase or lease shall be conclusively presumed to have been waived in the event that a written offer to sell or lease the property, containing the terms of the offer, shall have been sent by registered or certified mail to the last known address of the person or persons from whom the remainder was taken and the offer shall not have been accepted within thirty (30) days from the date of the mailing, and provided further that in the event the person or persons from whom the land was originally purchased refuse or waive their right to repurchase, or lease the land or property, the city or town wherein the land is situated shall have the second right to purchase or lease the land and property upon the same terms and conditions as the acquiring authority was willing to sell or lease the land or property to the original owners thereof. A second right to purchase or lease the land or property shall be conclusively presumed to have been waived in the event a written offer to sell or lease the land or property, containing the terms of the offer, shall have been sent by registered or certified mail to the city or town clerk, as the case may be, wherein the land and property are situated and the offer shall not have been accepted within thirty (30) days from the date of the mailing.

History of Section. P.L. 1953, ch. 3105, § 17; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 37-7-4 ; P.L. 1966, ch. 203, § 1.

37-7-5. Lease or sale of land acquired by purchase, devise or gift — Permitting use by others.

1. The acquiring authority, with the approval of the state properties committee, is authorized and empowered to rent or lease for a period not exceeding ten (10) years with an option for one renewal for a further period of ten (10) years any land or other real property acquired by purchase, devise, or gift as may not for the time be required for public use in such manner and upon such terms and conditions as may, in the judgment of the state purchasing agent, be most advantageous to the public interest. Provided, however, that with the approval of the state properties committee, the Rhode Island board of governors for higher education may enter into ground leases for real property owned by the board for a period not exceeding ninety-nine (99) years with four (4) options for renewal for a further period of ninety-nine (99) years each for educational and other purposes consistent with the mission of the institution. The acquiring authority, with the approval of the state properties committee, is hereby authorized and empowered to sell land or property in whole, or in part, in such manner and upon such terms and conditions as may in the judgment of the state purchasing agent be most advantageous to the public interest, and convey the land or property by proper deed or instrument; provided, however, that the acquiring authority shall first offer the land or property for sale to the city or town wherein the land or property is situated at the fair market value of the property. A first right to purchase the land or property shall be conclusively presumed to have been waived in the event a written offer to sell the land or property, containing the terms of the offer, shall have been sent by registered or certified mail to the city or town clerk, as the case may be, wherein the land and property are situated and the offer shall not have been accepted within thirty (30) days from the date of the mailing. In the event that the city or town wherein the land or property is situated shall refuse to buy the property or land or waive its right to the first option to purchase, then, in that event the acquiring authority shall be at liberty to sell the land or property to the highest bidder at public sale after advertising the time, place, and conditions of the sale at least once a week for at least three (3) weeks preceding the sale in at least one newspaper published in the county in which the land or property is situated. The acquiring authority may at any time, with the approval of the governor, after notice to the state properties committee, permit the use of any land or property to the government of the United States or to any town or city within the state of Rhode Island, and may, if the governor declares the necessity therefor by reason of any emergency, allow the temporary use of the land or property to any person, persons, association, or corporation.
2. The acquiring authority is hereby authorized to execute proper deeds and other instruments of conveyance and demise for land or other real property sold or leased which deeds and instruments shall in each case be approved as to substance by the director of administration and as to form by the attorney general.

History of Section. P.L. 1953, ch. 3105, § 18; G.L. 1956, § 37-7-5 ; P.L. 1966, ch. 203, § 1; P.L. 2002, ch. 57, § 1.

37-7-5.1. Lease or sale of property to refunding bond authority — Proceeds — Restricted receipt account.

Whenever the state leases, sells, or conveys property, real, personal, or mixed to the refunding bond authority under the provisions of chapter 14 of this title, in connection with a project authorized under the provisions of chapter 14 of this title, all money received by the state from the lease, sale, or conveyance, shall, if requested in writing by the director of administration, be deposited by the state controller to a restricted receipt account. The money and interest or income earned from their investment shall be administered and used solely to meet the state’s obligation to the refunding bond authority in connection with the project. However, this section shall not prohibit or limit the state from appropriating such additional funds as may be necessary to carry out the lease arrangement with the refunding bond authority. Upon the termination of the state’s lease arrangement with the refunding bond authority and the transfer of the project to the state, any money remaining unexpended in the restricted receipt account shall be transferred to the state’s general fund for the general purposes of the state.

History of Section. P.L. 1983, ch. 167, art. 28, § 1.

37-7-6. Transfer of land between departments and agencies.

The governor, upon the request in writing of any interested general officer or the head of any department, board, bureau, commission, or agency of the state government, may execute a certificate transferring custody, control, and supervision over any land, and all buildings and improvements thereon and other real property, title to which is vested in the state of Rhode Island, or the title to which will be vested in the state upon completion of any condemnation or other proceeding then pending, from the department, board, bureau, commission, or agency exercising custody, control, or supervision to another department, board, bureau, commission, or agency of the state government.

History of Section. P.L. 1953, ch. 3105, § 19; G.L. 1956, § 37-7-6 .

37-7-6.1. Conveyances and grants to fire districts.

1. Every fire district shall have the power and authority to purchase and/or receive gratuitously any tangible personal property state surplus property made available for sale or gift by the state.
2. Any state chartered fire district whose electors have been authorized to assess and collect taxes may apply to any appropriate department, board, bureau, or other agency of this state for a grant of money to be expended on equipment or other property used in connection with and for the work of extinguishing fires and suppressing fire hazards. The department, board, bureau, or agency shall not require as a condition to awarding the grant that the fire district have the approval of its town or city council for the expenditure.

History of Section. P.L. 1970, ch. 303, § 1; P.L. 1981, ch. 377, § 1.

37-7-7. Filing, publication, and recording of transfers between departments and agencies — Costs.

The governor shall file the certificate referred to in § 37-7-6 with the secretary of state who shall place the certificate on file and who shall cause a true copy of the certificate to be published at least once in a newspaper published in the county in which the land or property is situated, and shall file a certified copy of the certificate for record in the office of the recorder of deeds or town clerk in the city or town where the land or property is situated. The date and hour of the filing of the certified copy shall be noted thereon, and the filing shall be deemed to constitute a transfer of the custody, control, and supervision over the land described therein in accordance with the provisions of the certificate as of the day and hour noted upon the certified copy. No fee shall be charged or collected for the filing or recording. The cost of the publication shall be borne by the department, board, bureau, commission, or agency to which custody, control, or supervision has been transferred.

History of Section. P.L. 1953, ch. 3105, § 19; G.L. 1956, § 37-7-7 ; P.L. 1982, ch. 380, § 1.

37-7-8. Grant of easements and rights of way over acquired lands.

Whenever, in the opinion of the acquiring authority, an easement or right of way may be granted in land owned or held by the state without thereby jeopardizing the interests of the state, and the granting of the easement or right of way will be for the public good, the acquiring authority, with the approval of the state properties committee, is hereby authorized and empowered to grant the easement or right of way by proper instrument, approved as to substance by the director of administration and as to form by the attorney general, for such consideration, and in such manner and upon such terms and conditions as may, in the judgment of the state purchasing agent, be most advantageous to the public interest.

History of Section. P.L. 1953, ch. 3105, § 20; G.L. 1956, § 37-7-8 .

37-7-9. Concessions, leases, and licenses — Reports.

1. The acquiring authority, with the approval of the state properties committee, is authorized and empowered, when it shall serve the public purpose, to grant concessions in or to lease or license any land or building or structure, a part or portion of any governmental facility, public work, or public improvement for industrial or commercial purposes for a term or terms not exceeding in the aggregate in any one case twenty (20) years; provided, however, that real property, buildings, and facilities owned by the state at the Port of Galilee may be leased for a term of up to forty (40) years for commercial fishing industry-related purposes; and provided further, however, that certain real property, buildings, and facilities owned by the state located on Indian Point with a 2012 address of 25 India Street in the city of Providence may be leased for a term of up to forty (40) years for commercial, public recreation, marina, and redevelopment purposes; provided, however, that real property, buildings, and facilities owned by the department of environmental management may be leased for a term not to exceed forty (40) years for the purpose of facilitating private investment in buildings or infrastructure for public recreation, or to develop or sustain a natural resource-based industry and where the useful life of the investment exceeds twenty-five (25) years; and provided further, however, that certain real properties, buildings, and facilities owned by the state in the city of Providence known as the Union Station properties, which properties have been conveyed from time to time to the state by the consolidated rail corporation and others, may be leased for a term of up to forty (40) years for office, commercial, service, transportation, or other related purposes; and provided further, however, that real property, buildings, and facilities owned by the state may be leased for a term of up to forty (40) years for the development of cogeneration projects which involve the simultaneous generation of electricity and thermal energy (steam and hot water) and for eligible renewable energy resources as defined in § 39-26-5(a)(i) through (v); and further provided, however, that in the event of a mobile home lease agreement or site lease agreement, wherein such mobile home is contiguous to a resident-owned mobile home park, the state properties committee may enter into a lease or grant concessions to or license any land or building for a period not to exceed thirty (30) years; and provided further, however, that real property, buildings, and facilities owned by the state may be leased for a term of up to ninety-nine (99) years for the development of railroad layover facilities, contingent on the lease requiring the lessee to provide commuter rail service within the state of Rhode Island, as set forth by the state; and provided further, however, that real property, buildings, and facilities owned by the state at the Quonset state airport may be leased to the United States Air Force for a term not to exceed forty (40) years for the purpose of making improvements to infrastructure thereon. All agreements, contracts, and other instruments granting concessions or leasing or licensing facilities shall contain such conditions, rules, restrictions, and regulations as the state purchasing agent shall deem suitable or necessary and shall be approved, as to substance, by the director of administration, and, as to form, by the attorney general.
2. Whenever property that is subject to the provisions of this chapter is leased by the state, the lessee shall report on a semi-annual basis the amount of income revenue generated by the leased property. The report shall be made to the state properties commission and copies shall be provided to both the house and senate fiscal staffs and the governor. These requirements shall be contained in the lease between the lessor and the lessee with approval of the state properties committee.

History of Section. P.L. 1953, ch. 3105, § 21; G.L. 1956, § 37-7-9 ; P.L. 1979, ch. 251, § 1; P.L. 1981, ch. 201, § 1; P.L. 1987, ch. 258, § 1; P.L. 1994, ch. 70, art. 39, § 1; P.L. 2000, ch. 237, § 1; P.L. 2002, ch. 16, § 1; P.L. 2006, ch. 236, § 4; P.L. 2006, ch. 237, § 4; P.L. 2006, ch. 320, § 1; P.L. 2006, ch. 451, § 1; P.L. 2006, ch. 457, § 1; P.L. 2012, ch. 94, § 1; P.L. 2012, ch. 112, § 1; P.L. 2015, ch. 222, § 1; P.L. 2015, ch. 242, § 1.

37-7-10. Vesting of title in successor to public office.

Upon the resignation, death, or removal from office for any cause of any governmental official, appointed or elected under the laws of this state or the laws of the United States of America, the title to all real estate and interest in real estate vested in or owned by the official in his or her governmental capacity or by virtue of his or her office, shall vest, transfer, and pass to his or her duly elected or appointed successor in office.

History of Section. G.L. 1938, ch. 488, § 6; P.L. 1951, ch. 2765, § 1; G.L. 1956, § 37-7-10 .

37-7-11. Delegation of powers over real estate by federal officer.

Any governmental official duly appointed or elected under the laws of the United States of America, who by law is authorized to take and hold title to real estate by virtue of his or her office, may if authorized by the laws of the United States of America, by power of attorney duly executed, acknowledged, and recorded, delegate to any of his or her subordinates, the power to manage, contract to sell, sell, mortgage, or lease any real estate so held by him or her and to execute, acknowledge, and deliver in the name of the official any deed, conveyance, mortgage, lease, or other instrument necessary to effectuate the contract, sale, mortgage, or lease.

History of Section. G.L. 1938, ch. 488, § 7; P.L. 1951, ch. 2765, § 1; G.L. 1956, § 37-7-11 .

37-7-12. Use of Indian meetinghouse in Charlestown.

The right to use and occupy for purposes of religious worship the Indian meetinghouse in Charlestown and the lot of land containing about two (2) acres upon which the meetinghouse stands, together with a suitable right of way leading to and from the lot of land and the nearest highway, to be laid out, bounded, and defined by the board of commissioners of the Indian tribe appointed under the provisions of chapter 800 of the public laws passed March 31, 1880, is granted to the religious society now occupying the meetinghouse during such time as they shall use the same for the purposes of religious worship.

History of Section. G.L. 1896, ch. 199, § 1; G.L. 1909, ch. 250, § 1; G.L. 1923, ch. 294, § 1; G.L. 1938, ch. 646, § 1; G.L. 1956, § 37-7-12 .

37-7-13. Surplus group homes.

Any group home purchased or built by the state of Rhode Island and licensed pursuant to house § 40.1-24-3 , which is no longer used to house persons with disabilities and is vacant for a period of one year must be offered for sale on the private housing market forthwith and shall thereafter remain under the jurisdiction of the zoning enforcement officer and the zoning code of that municipality in which the home is located. The zoning enforcement officer and zoning code shall govern the use thereof. The group home shall not acquire any rights of a nonconforming use.

History of Section. P.L. 1991, ch. 307, § 5; P.L. 1999, ch. 83, § 83; P.L. 1999, ch. 130, § 83.

37-7-14. Topsoil conservation.

Any alteration on state owned land, or any alteration funded by the state which requires the alteration of topsoil shall require the use of “compost amended soil” which meets the United States Department of Agriculture classification criteria of silt loam, sandy loam, loamy sand, or loam with a minimum of at least two percent (2%) organic matter.

History of Section. P.L. 1993, ch. 347, § 1.

37-7-15. Sale of state-owned land, buildings and improvements thereon and other real property.

1. Total annual proceeds from the sale of any land and the buildings and improvements thereon, and other real property, title to which is vested in the state of Rhode Island or title to which will be vested in the state upon completion of any condemnation or other proceedings, shall be transferred to and made available for the purposes outlined in § 42-11-2.5 , unless otherwise prohibited by federal law.
2. Provided, however, this shall not include proceeds from the sale of any land and the buildings and improvements thereon that will be created by the relocation of interstate route 195, which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis” prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1”
3. Subject to the approval of the director of the department of administration, the state controller is authorized to offset any currently recorded outstanding liability on the part of developmental disability organizations (DDOs) to repay previously authorized startup capital advances against the proceeds from the sale of group homes within a fiscal year prior to any sale proceeds being deposited into the information technology investment fund.

History of Section. P.L. 2011, ch. 151, art. 26, § 1; P.L. 2017, ch. 302, art. 7, § 12.

37-7.1-1. Executive director of economic development corporation — Authorization.

1. The executive director of the economic development corporation, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise in the name of and for the state of Rhode Island to the greater Providence chamber of commerce, a nonprofit corporation, certain real estate and improvements thereon belonging to the state of Rhode Island situated in the city of Providence and known as the west building of the union station complex in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.
2. The executive director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise, in the name of and for the state of Rhode Island, to the Rhode Island economic development corporation any or all right, title, and interest now held or later acquired by the state in and to any real property, together with improvements thereon, situated within the capital center special development district in the city of Providence as provided by ordinance of the city council of the city of Providence in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.
3. The director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise, in the name of and for the state of Rhode Island, to the Rhode Island economic development corporation, those certain parcels of real estate, or any portions thereof, and improvements thereon belonging to the state of Rhode Island for the purposes hereinafter set forth:
   1. Parcel (1) situated in the city of Cranston at the southeasterly corner of Route 37 and Pontiac Avenue consisting of twelve and fifty-two hundredths (12.52) acres of land, more or less, now occupied by the department of transportation maintenance garage; and
   2. Parcel (2) situated in the city of Cranston at the southeasterly corner of New London Avenue and Sockanosset Cross Road being a portion of state owned property identified in the tax assessors’ records in the city of Cranston as Assessor’s Plat 14, Assessor’s Lot 1 and when subdivided as proposed would contain eight hundred and seventy eight thousand three hundred twenty-three (878,323) +/- square feet of land, more or less (20.164 acres). The northern terminus of the site would be at the intersection of New London Avenue and Sockanosset Cross Road extending along its easterly boundary on Sockanosset Cross Road and on its westerly boundary along New London Avenue. The southerly boundary would be drawn from an easterly point on Sockanosett Cross Road along the access road to state owned property on the south and then in an irregular line in a westerly/northwesterly direction to the New London Avenue junction more particularly bounded and described as follows:
      1. Beginning at a point in the southerly street line of Sockanosett Cross Road, said point being the northwesterly corner of land now or formerly of the Rhode Island Refunding Bond Authority and the northeasterly corner of the parcel herein described;
      2. Thence proceeding westerly along the southerly street line of Sockanosett Cross Road a distance of six hundred eighty-eight and 50/100 feet (688.50 feet) to a Rhode Island Highway bound in the easterly highway line of New London Avenue (R.I. Route No. 37) as defined by Rhode Island highway plat No. 1361;
      3. Thence turning an interior angle of one hundred thirty-three degrees, twenty-one minutes and twenty-seven seconds (133 degrees — 21 minutes — 27 seconds) and proceeding westerly a distance of one hundred twenty and 09/100 feet (120.09 feet) to a Rhode Island highway bound;
      4. Thence turning an interior angle of one hundred thirty-eight degrees, forty-nine minutes and thirty seconds (138 degrees — 49 minutes — 30 seconds) and proceeding southwesterly a distance of two hundred forty-four and 11/100 feet (244.11 feet) to a Rhode Island highway bound;
      5. Thence turning an interior angle of one hundred seventy-three degrees, eight minutes and seventeen seconds (173 degrees — 08 minutes — 17 seconds) and proceeding southeasterly a distance of one hundred sixty-three and 36/100 feet (163.36 feet) to a Rhode Island highway bound at the intersection of Rhode Island highway plats No. 1361 & 201, the last three herein described courses run by and with the easterly highway line of Plat No. 1361;
      6. Thence turning an interior angle of one hundred sixty-three degrees, thirty four minutes and fifty-one seconds (163 degrees — 34 minutes — 51 seconds) and proceeding southerly a distance of seven hundred eighteen and 90/100 feet (718.90 feet) along the easterly highway line of New London Avenue (R.I. Route No. 37) as defined by plat No. 201 to the northeasterly freeway line of New London Avenue (R.I. Route No. 37) as defined by Rhode Island freeway plat No. 1186;
      7. Thence turning an interior angle of one hundred twenty-four degrees, thirty-one minutes and thirty-six seconds (124 degrees — 31 minutes — 36 seconds) and proceeding along the freeway line of plat No. 1186 a distance of three hundred forty-three and 40/100 feet (343.40 feet) to the southwesterly corner of the parcel herein described;
      8. Thence turning an interior angle of one hundred seven degrees, twenty-six minutes and thirty seconds (107 degrees — 26 minutes — 30 seconds) and proceeding easterly parallel to and fifty feet (50 feet) southerly of an existing brick building, bounded southerly by land now or formerly the state of Rhode Island a distance of five hundred thirty-eight and 62/100 feet (538.62 feet) to a corner at land now or formerly belonging to the Rhode Island Refunding Bond Authority;
      9. Thence turning an interior angle of ninety-eight degrees, thirty-eight minutes and twenty-six seconds (98 degrees — 38 minutes — 26 seconds) and proceeding northerly a distance of eighty-four and 59/100 feet (84.59 feet) to a corner;
      10. Thence turning an interior angle of two hundred seventy degrees, zero minutes and zero seconds (270 degrees — 00 minutes — 00 seconds) and proceeding easterly a distance of two hundred thirty-four and 22/100 feet (234.22 feet) to a corner;
      11. Thence turning an interior angle of one hundred fourteen degrees, fifty-eight minutes and six seconds (114 degrees — 58 minutes — 6 seconds) and proceeding northerly a distance of three hundred five and 46/100 feet (305.46 feet) to a point of curvature;
      12. Thence proceeding northeasterly along the arc of a curve tangent to the previous described course deflecting to the right having a central angle of twenty-five degrees, thirty-one minutes and eighteen seconds (25 degrees — 31 minutes — 18 seconds) and a radius of five hundred fifty-seven and 37/100 (557.37 feet) a distance of two hundred forty-eight and 27/100 feet (248.27 feet) to a point of tangency;
      13. Thence proceeding tangent to the previously described curve a distance of thirty-one and 87/100 feet (31.87 feet) to the point and place of beginning, the last five herein described courses are bounded southerly and easterly by the land now or formerly belonging to the Rhode Island refunding bond authority. The first herein described course forms an interior angle of ninety degrees, zero minutes and zero seconds (90 degrees — 00 minutes — 00 seconds) with the last herein described course.
4. 1. Parcel 2 may be conveyed together with:
      1. A non-exclusive easement for access by foot and by vehicles of all kinds on, over, and across a certain parcel of land situated on the easterly side of parcel 2, which parcel includes the existing access road, shall be approximately one hundred feet (100 feet) more or less in width, and shall be situated southerly of Sockanosett Cross Road extending from Sockanosett Cross Road to the road which begins at the parking area situated at the terminus of the access road and then extends under Rhode Island Route 37, a non-exclusive easement to place, construct, locate, alter, maintain, and repair underground utilities and drains in the easement area to serve the improvements situated or to be situated on parcel 2, and a non-exclusive easement to place, construct, locate, alter, maintain and repair signs and landscaping and other improvements for buffering on the portions of the easement area not utilized for roads, sidewalks, improvements or other purposes, all as approved by the director;
      2. A non-exclusive easement for access by foot and by vehicles of all kinds on, over, and across approximately two hundred feet (200 feet) of the northerly portion of the road which begins at the parking area situated at the terminus of the access road and then extends under Rhode Island Route 37, as approved by the director;
      3. A non-exclusive easement for access to parcel 2, by foot and by vehicles of all kinds on, over, and across a certain parcel of land situated southerly of parcel 2, which parcel of land shall be approximately one hundred fifty feet (150 feet) more or less in width and which parcel shall extend from the easement areas described in (i) and (ii) above to the Freeway Line of the exit ramp to New London Avenue, all as approved by the director; and
      4. A non-exclusive easement to place, construct, locate, alter, maintain and repair a detention pond of a size approved by the director on the portion on the parcel of land situated southerly of the parcel of land described in (iii) above, westerly of the road which begins at the parking area situated at the terminus of the access road and then extends under Rhode Island Route 37, easterly of the Freeway Line of the exit ramp to New London Avenue and northeasterly of Rhode Island Route 37, all as approved by the director.
   2. The state of Rhode Island shall retain all rights to the easement areas which may be exercised in a manner not inconsistent with the foregoing easement rights. The Rhode Island refunding bond authority shall join in any instruments necessary to carry out the foregoing conveyances and grants at the direction of the director of the department of children, youth and families. The easements shall encompass such specific areas as shall be approved by the state properties committee.
   3. The conveyance of the parcel of land and the grant of the easements shall be in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.
   4. The Rhode Island economic development corporation shall offer these parcels to the highest responsible bidder which in the judgment of the corporation will use or develop the parcels in a manner most advantageous to the public interest subject to local and state ordinances and laws.
5. The executive director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise in the name of and for the state of Rhode Island to the convention center authority, certain real estate, or any portion thereof, and improvements thereon, presently leased and occupied by the department of employment security and on which the state has an option to purchase, situated on West Exchange Street in the city of Providence, in the event the state acquires the real property, in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.
6. The executive director, with the approval of the state properties committee, is hereby authorized and empowered to sell, transfer, and convey in fee simple or otherwise in the name of and for the state of Rhode Island to the Rhode Island economic development corporation that certain real estate, or any portion thereof, and improvements thereon, located in the town of Exeter and known as Ladd Center, in such manner and upon such terms and conditions as may in the judgment of the state properties committee be most advantageous to the public interest.
7. The executive director is hereby authorized and empowered to sell, transfer, and convey in fee simple, in the name of and for the state of Rhode Island, to the Rhode Island economic development corporation, that certain real estate and improvements thereon belonging to the state of Rhode Island situated in the city of Providence, set forth and delineated as Parcels 1, 1A, 2 and 3 on the survey entitled “Plan of Land in Providence, Rhode Island surveyed for Providence Place surveyed and drawn by Marrier Surveying, Inc. Scale 1" = 40´ May 1990, revised May 1995” recorded or to be recorded in the Providence recorder of deeds office, which land is now occupied by the URI extension division building and by the Roger Williams Building. The foregoing authorization is intended to authorize and empower the executive director to execute and deliver a confirmatory deed to the Rhode Island economic development corporation to confirm the conveyance and correct the description in the deed from the state of Rhode Island to the Rhode Island port authority and economic development corporation dated October 21, 1994, recorded or to be recorded in the Providence recorder of deeds office.
8. Any conveyance pursuant to this subsection shall be for the purpose of providing a portion of the site of the Providence Place Project, so-called, and may be for such consideration, or without consideration, as the executive director shall deem appropriate. Notwithstanding the provisions of any general or special law to the contrary, no restriction shall apply to and no further approval, determination or action of any kind shall be required to effect a conveyance or any conveyance by the Rhode Island economic development corporation of any interest therein in connection with the Providence Place Project.
9. The provisions of §§ 37-7-3 and 37-7-5 shall not be applicable to the conveyances which have been or hereafter may be effected by the director of the department of economic development or Rhode Island economic development corporation under the provisions of this section.

History of Section. P.L. 1984, ch. 286, § 1; P.L. 1985, ch. 368, § 1; P.L. 1988, ch. 129, art. 29, § 1; P.L. 1990, ch. 12, § 1; P.L. 1990, ch. 65, art. 87, § 1; P.L. 1991, ch. 44, art. 60, § 1; P.L. 1992, ch. 133, art. 91, § 1; P.L. 1995, ch. 400, § 3.

37-7.1-2. Acquiring authority — Powers.

The director of the Rhode Island economic development corporation is hereby authorized to executed proper deeds and other instruments of conveyance and demise for land or other real property sold or leased, which deeds and instruments shall in each case be approved as to substance by the director of administration and as to form by the attorney general.

History of Section. P.L. 1984, ch. 286, § 1; P.L. 1985, ch. 368, § 1.

37-7.1-3. Use of proceeds.

1. Any general or public law to the contrary notwithstanding, all money received by the state from the sale of the west building of the union station complex to the greater Providence chamber of commerce shall be deposited by the general treasurer into a restricted receipt account. The proceeds shall be used for renovations and repairs to remaining state property at the union station complex and shall be expended upon the approval of the director of administration.
2. Notwithstanding the provisions of any general or public law to the contrary, and except as provided in subsection (a), all money received by the state from the sale of any real property and/or improvements within the capital center special development district to the Rhode Island economic development corporation shall be deposited by the general treasurer into the Providence River relocation — Memorial Boulevard extension project fund created by § 42-95-1 .
3. Notwithstanding the provisions of any general or public law to the contrary, all money received by the state from the sale of any real property and/or improvement authorized in § 37-7.1-1(c) shall be deposited and held by the general treasurer in a restricted receipt account, excepting proceeds received from the sale of the Sockanosset Cross Road property described in § 37-7.1-1(c) , which shall be deposited into the general fund of the state. All other restricted proceeds shall be held and used for the replacement of capital facilities and acquisition of land, and shall be expended therefor by the director of administration with the approval of the governor. The general assembly shall appropriate the funds from the restricted receipts accounts used as the depository for the funds received pursuant to § 37-7.1-1(c).
4. Notwithstanding the provisions of any general or public law to the contrary, all money received by the state from the sale of the real property and/or improvements authorized in § 37-7.1-1(e) shall be used for the payment of the purchase price of real property and the costs and expenses related to its acquisition.
5. Notwithstanding the provisions of any general or public law to the contrary, all money received by the state from the sale of the real property and/or improvements authorized in § 37-7.1-1(f) shall be paid into the general fund.

History of Section. P.L. 1984, ch. 286, § 1; P.L. 1985, ch. 368, § 1; P.L. 1988, ch. 129, art. 29, § 1; P.L. 1990, ch. 65, art. 87, § 1; P.L. 1990, ch. 65, art. 88, § 1.

37-7.1-4. Director of environmental management department — Authorization — Certain Smithfield property.

The director of the Rhode Island department of environmental management, upon written request of the executive director of the Rhode Island economic development corporation, is hereby authorized and directed to grant, transfer, and convey in fee simple or otherwise in the name of and for the State of Rhode Island to the Rhode Island economic development corporation certain real estate and improvements thereon belonging to the State of Rhode Island situated in the Town of Smithfield, Rhode Island and referenced on tax lot 70, assessor’s plat 46, or portions thereof as determined by the executive director of the Rhode Island economic development corporation. The provisions of Chapters 6 and 7 of this title shall not be applicable to the conveyance or conveyances set forth herein which have been or hereafter may be effected by the Rhode Island economic development corporation under the provisions of this chapter.

History of Section. P.L. 1996, ch. 87, § 1.

37-7.1-5. Transfer of Smithfield property.

The director of the Rhode Island Department of Transportation, upon written request of the executive director of the Rhode Island Economic Development Corporation, is hereby authorized and directed to grant, transfer, and convey in fee simple or otherwise, as set forth in such request, in the name of and for the state of Rhode Island to the Rhode Island Economic Development Corporation that certain real estate described below and all improvements thereon belonging to the state of Rhode Island situated in the town of Smithfield, Rhode Island, or portions thereof as determined by the executive director of the Rhode Island Economic Development Corporation. The provisions of §§ 37-6-1 et seq. and 37-7-1 et seq. shall not be applicable to the conveyance or conveyances set forth herein which have been or hereafter may be effected by the Rhode Island Economic Development Corporation under the provisions of this chapter.

1. Parcel 1: That certain tract or parcel of land situated in the town of Smithfield, county of Providence, state of Rhode Island, and bounded and described as follows:

   Beginning at the southeast corner of said parcel at a point fifty (50) feet southwesterly of, and opposite state 301+75.00 as shown on State Highway Plat #365;

   Thence running northeasterly, bounded southwesterly by land now or formerly of Richard Conti and by land now or formerly of Joseph and Irene Bruno, for a distance of seven hundred sixty-three and ninety-hundredths (763.98) feet to a point, said point being one hundred (100) feet southeasterly of and opposite station 207+00 as shown on State Highway Plat #361;

   Thence turning an interior angle of 90°-00´-00" and running northeasterly, bounded northwesterly by Route 116, for a distance of four hundred forty-seven and forty four hundredths (447.44) feet to a point of curvature, said point being fifty (50) feet southeasterly of, and opposite station 211+47.44 on said highway plat;

   Thence curving to the right along the arc of a curve having a radius of 140.00 or central angle of 91°-28´-35", and an arc length of 223.52 to a point of tangency, said point being fifty (50) feet southwesterly of and opposite station 305+82.38 as shown on State Highway Plat #365;

   Thence running southeasterly along the southwesterly line of Route 7 for a distance of four hundred seven and thirty-eight (407.38) feet to the point and place of beginning, said last course forming an interior angle of 50°-30´-45" with the first described course. Said parcel contains 3.96 acres, plus or minus.

2. Parcel 2: That certain tract or parcel of land situated in the town of Smithfield, county of Providence, state of Rhode Island, and bounded and described as follows:

   Beginning at the southwesterly corner of said parcel at a point fifty (50) feet northwesterly of, and opposite, station 207+00 as shown on State Highway Plat #361;

   Thence running northwesterly, bounded southeasterly by Route 116, for a distance of fifty and no hundredths (50.00) feet to a Rhode Island highway bound set one hundred (100) feet northwesterly of, and opposite station 207+00 on said highway plat;

   Thence turning an interior angle of 135°-45´-25" and running northeasterly, bounded northwesterly by land now or formerly of J.S.S.L., Inc., for a distance of six hundred ninety-four and forty-six hundredths (694.46) feet to a point fifty (50) feet southwesterly of, and opposite station 314+100 as shown on State Highway Plat #365;

   Thence running southeasterly along the southwesterly line of Route 7 for a distance of one hundred twenty-seven and eighty-five hundredths (127.85) feet to a point of tangency, said point being fifty (50) feet southwesterly of, and opposite station 312+71.74 as shown on said highway plat;

   Thence curving to the right, following the southwesterly line of Route 7, along the curve of an arc having a radius of 1951.94, a central angle of 10°-23´-59", and an arc length of 354.30, to a point of compounded curvature;

   Thence still curving to the right along the arc of a curve having a radius of 70.00, a central angle of 95°-10´-08" and an arc length of 116.27´ to a point of curvature, said point being fifty (50) feet northwesterly of, and opposite station 212+12.80 as shown on State Highway Plat #361;

   Thence running southwesterly, bounded southeasterly by Route 116, for a distance of five hundred twelve and eighty hundredths (512.80) feet to the point and place of beginning, said last course forming an interior angle of 90°-00´-00" with the first described course.

   Said parcel contains 4.09 acres more or less.

3. Parcel 3: That certain tract or parcel of land situated in the town of Smithfield, county of Providence, state of Rhode Island and bounded and described as follows:

   Beginning at the southeast corner of said parcel at a point fifty (50) feet northwesterly of, and opposite, station 216+00 as shown on State Highway Plat #361;

   Thence running southwesterly, bounded southeasterly by Route 116, for a distance of one hundred eighteen and nineteen hundredths (118.19) feet to an angle;

   Thence turning an interior angle of 146°-52´-53" and running northwesterly, for a distance of one hundred twenty and fifty nine-hundredths (120.59) feet to an angle;

   Thence turning an interior angle of 132°-23´-40" and continuing northwesterly for a distance of one hundred thirteen and no hundredths (113.00) feet to a point, said point being forty-one (41) feet northeasterly of, and opposite station 310+00 as shown on State Highway Plat #365, said last two courses bounded southwesterly on Route 7;

   Thence turning an interior angle of 88°-30´-56" and running northeasterly, bounded northwesterly by Route 7, for a distance of nine and no hundredths (9.00) feet to a point, said point being fifty (50) feet northeasterly of, and opposite station 310+00 on said highway plat;

   Thence turning an interior angle of 142°-49´-49" and running southeasterly, bounded northeasterly by land now or formerly of the town of Smithfield, for a distance of two hundred sixty-two and twenty-one hundredths (262.21) feet to a point, said point being one hundred (100) feet northwesterly of and opposite station 216+00 on Plat #361;

   Thence turning an interior angle of 119°-22´-42" and running southeasterly, bounded northeasterly by Route 116, for a distance of fifty and no hundredths (50.00) feet to the point and place of beginning, said last course forming an interior angle of 90°-00´-00" with the first described course.

   Said parcel contains 22,164 square feet, more or less.

4. Parcel 4: Wherever the words “center line” are used in the following description, unless otherwise designated, they refer to the center line of the Smithfield-Lincoln-Cumberland George Washington Highway 1931 survey by the State Board of Public Roads along its various routes and modifications thereof as shown on Plat #458 and as described below: That certain land located in the town of Smithfield as shown upon the accompanying Plat #458 together with all rights appurtenant to said land in and to the highway upon which said land abuts, said land being located along the various routes of George Washington Highway so-called, and which lies between the center line and a line described as follows:

   Beginning at a point, said point being opposite and one hundred (100) feet southerly from said center line at Sta. 167+48+- and also said point being in the southerly highway line of George Washington Highway so-called, as established by Plat #361 by the Rhode Island State Board of Public Roads and filed with the Town Clerk of Smithfield, December 2, 1931, at its intersection with a stone wall running in a southerly direction; thence southerly along the aforedescribed stone wall to its intersection with the northerly side of Woonasquatucket River so-called, at a point opposite and four hundred sixty-six more or less (466+-) feet southerly from said center line at Sta. 164+21+-; thence southerly along range of the aforedescribed stone wall to a point in the middle of the aforesaid Woonasquatucket River so-called, said point being opposite and five hundred twenty-eight more or less (528+-) feet southerly from said center line at Sta. 163+80-; thence westerly along the middle of the aforesaid Woonasquatucket River so-called, to its intersection with the southerly highway line of George Washington Highway so-called, as established by the aforesaid Plat #361 by the Rhode Island State Board of Public Roads at a point opposite and one hundred (100) feet southerly from said center line at Sta. 158+00+- and as shown upon the accompanying Plat #458 by the Rhode Island State Board of Public Roads.

5. Parcel 5: That certain lot or parcel of land situate along the northerly side of George Washington Highway so-called, in the town of Smithfield and designed as Parcel #1 on the accompanying Plat #463 by the Rhode Island State Board of Public Roads together with all rights appurtenant to said land in and to the highway upon which said land abuts, said land being further described as follows:

   Beginning at a point, said point being opposite and one hundred (100) feet northerly from Sta. 167+24+- of the traverse line of a survey by the Rhode Island State Board of Public Records entitled “Smithfield-Lincoln-Cumberland, George Washington Highway, 1931 Survey” and also said point being in the northerly highway line of George Washington Highway so-called, as established by Plat #361 by the Rhode Island State Board of Public Roads and filed with the Town Clerk of Smithfield, December 2, 1931, at its intersection with a stone wall running in a northerly direction; thence northerly along the aforesaid stone wall for a distance of two hundred fifty more or less (250+-) feet to its intersection with a stone wall running in an easterly direction; thence northerly making an interior angle of 143°-35´-50" with the first mentioned stone wall, for a distance of one hundred fifty-nine and sixty-one one-hundredths (159.61) feet to a point; thence westerly making an interior angle of 126°-30´-50" with the aforedescribed line for a distance of three hundred forty-nine and forty-three one-hundredths (349.43) feet to a point; thence westerly making an exterior angle of 156°-15´-20" with the aforedescribed line for a distance of two hundred seventy-nine more or less (279+-) feet to its intersection with a stone wall running in a northerly-southerly direction; thence southerly along the aforedescribed stone wall for a distance of seven hundred fifty-nine more or less (759+-) feet to its intersection with a stone wall running in a westerly direction; thence westerly along the aforedescribed stone wall and continuing in the range of the aforedescribed stone wall for a distance of one hundred fifty-two more or less (152+-) feet to the center of the Woonasquatucket River so-called; thence southerly along the center of the Woonasquatucket River so-called, to its intersection with the northerly highway line of George Washington Highway so-called, as established by the aforesaid Plat #361 by the Rhode Island State Board of Public Roads at a point opposite and one hundred (100) feet northerly from Sta. 157+94+- of the aforsaid traverse line highway line of George Washington Highway so-called, to the point or place of beginning and as shown upon the accompanying Plat #463 by the Rhode Island State Board of Public Roads.

History of Section. P.L. 1997, ch. 50, § 1.

37-8-1. State house — State office building.

The department of administration shall have control and supervision of the state house and the state office building.

History of Section. P.L. 1939, ch. 660, § 104; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 37-8-1 ; P.L. 2004, ch. 125, § 2; P.L. 2004, ch. 362, § 2.

37-8-1.1. Washington county courthouse in West Kingston.

1. The director of the department of administration is hereby authorized and empowered to convey or lease for a term of one hundred (100) years the existing Washington county courthouse in West Kingston to the South County center for the arts upon the completion of a new courthouse. The sale or lease shall be for the sum of one dollar ($1.00).
2. The association shall be responsible for all costs associated with the conveyance or lease to include maintenance, repair, and upkeep.

History of Section. P.L. 1988, ch. 516, § 1.

37-8-1.2. Vacating by family court — Westerly townhall.

When the family court vacates that portion of the Westerly town hall premises which it now owns and occupies, the director of the department of administration is hereby authorized and empowered to convey the state’s entire interest in the premises to the town of Westerly. The consideration for the sale shall be one dollar ($1.00). The town of Westerly shall be responsible for all costs associated with the conveyance.

History of Section. P.L. 1989, ch. 2, § 1.

37-8-1.3. Woonsocket courthouse.

The director of the department of administration is hereby authorized and empowered to convey the courthouse in Woonsocket formerly used by the seventh division of the district court to the city of Woonsocket. The consideration for the sale shall be one dollar ($1.00). The city of Woonsocket shall be responsible for all costs associated with the conveyance.

History of Section. P.L. 1992, ch. 155, § 1.

37-8-1.4. Kent County Courthouse at East Greenwich.

The State of Rhode Island has determined that it no longer needs the property and building thereon which once served the people as the Kent County Courthouse. The Town of East Greenwich has determined that it can use the property and building thereon for municipal purposes. Therefore, the director of the department of administration is hereby authorized and empowered to convey the state’s interest in the real property, the buildings thereon, and fixtures, located in the Town of East Greenwich and commonly known as the “Kent County Courthouse” to the town of East Greenwich. The consideration for the sale shall be one dollar ($1.00) paid by the Town of East Greenwich to the State. The transfer of the Kent County Courthouse shall be contingent upon the Town’s receiving authority for issuing bonds or notes in order to finance the construction, renovation, equipping, furnishing, or additions to the Kent County Courthouse from both the general assembly and the electors of the Town and the Town’s actually receiving the proceeds of the bonds or notes. The State hereby agrees to indemnify the Town of East Greenwich for environmental liabilities which existed at the Kent County Courthouse prior to the date of transfer. The Town of East Greenwich shall be responsible for all costs associated with the conveyance.

History of Section. P.L. 1993, ch. 121, § 1; P.L. 1993, ch. 330, § 1.

37-8-1.5. Bristol County Courthouse.

The state of Rhode Island has determined that it no longer needs the property and building thereon which once served the people as the Bristol County Courthouse and as a state house. Therefore, the director of the department of administration is hereby authorized and empowered to convey the state’s interest in the real property, the buildings thereon, and fixtures, located in the Town of Bristol and commonly known as the “Bristol County Courthouse” to the Bristol Statehouse Foundation, a Rhode Island non-business corporation. The consideration for the sale shall be one dollar ($1.00) paid by the Bristol Statehouse Foundation to the state. The deed conveying the property shall contain covenants relating to the preservation thereof and a reverter in the event the Bristol Statehouse Foundation, or legal successor thereto, ceases to exist.

History of Section. P.L. 1996, ch. 7, § 1.

37-8-1.6. Pawtucket armory.

The state of Rhode Island has determined that it no longer needs the property and buildings which once served the people as the Pawtucket armory. The city of Pawtucket has determined that it can use the property and buildings for municipal purposes. Therefore, notwithstanding any law to the contrary, the director of the department of administration is hereby authorized and empowered to convey the state’s entire interest in the Pawtucket armory to the city of Pawtucket. The consideration for the sale is one dollar ($1.00). The city of Pawtucket is responsible for all costs associated with the conveyance.

History of Section. P.L. 2000, ch. 257, § 1.

37-8-2. Rented premises — Military buildings — Institutional buildings.

The department and the director of administration shall also have supervision of the various military buildings in the custody of the adjutant general; provided, however, that the supervision shall relate only to the construction, repair, maintenance, and janitorial service of the properties. The department shall also have the supervision of the various buildings at the Dr. U. E. Zambarano memorial hospital, the Rhode Island school for the deaf, the several barracks under the control of the state police, buildings under the supervision of the chief engineer of the public works division of the department of transportation, and buildings and structures under the department of environmental management; provided, however, that the supervision shall relate only to the construction and repair of the properties, and shall not relate to the repair of buildings at the Dr. U. E. Zambarano memorial hospital.

History of Section. P.L. 1939, ch. 660, § 105; impl. am. P.L. 1951, ch. 2724, § 1; impl. am. P.L. 1955, ch. 3453, § 1; G.L. 1956, § 37-8-2 ; impl. am. P.L. 1965, ch. 137, § 1; P.L. 2004, ch. 125, § 2; P.L. 2004, ch. 362, § 2.

37-8-3. Duty of department to maintain buildings.

The department of administration shall care for and maintain in suitable condition for use by the occupants of the state house and by the public all of the property placed in the custody of the department of administration by the provisions of this chapter.

History of Section. P.L. 1902, ch. 1051, § 3; G.L. 1909, ch. 37, § 3; G.L. 1923, ch. 35, § 3; P.L. 1927, ch. 953, § 1; G.L. 1938, ch. 105, § 3; impl. am. P.L. 1939, ch. 660, §§ 104, 105; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-3 .

37-8-4. Employees of department — Purchase of supplies and services.

The director of administration shall select and engage all of the employees in his or her judgment necessary therefor, fix their compensation, and discharge them at his or her pleasure, and shall cause to be purchased all materials, supplies, and tools necessary for the care and maintenance, including gas, water, electric lights, and power, and electric clock, and local telephone service, to be paid for out of the appropriation that shall be made by the general assembly from time to time for those purposes upon vouchers approved by the director of administration.

History of Section. P.L. 1902, ch. 1051, § 3; G.L. 1909, ch. 37, § 3; G.L. 1923, ch. 35, § 3; P.L. 1927, ch. 953, § 1; G.L. 1938, ch. 105, § 3; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-4 .

37-8-5. Care and custody of State House lot.

The State House lot, bounded by Smith, Francis, and Gaspee Streets, in the city of Providence, and the buildings thereon, together with all the paintings, portraits, furniture, furnishings, fittings, fixtures, apparatus, and property of all descriptions belonging to the state contained in the buildings, excepting the books of account, records, and papers of the different departments and offices, shall be in the care and custody of the department of administration.

History of Section. P.L. 1902, ch. 1051, § 2; G.L. 1909, ch. 37, § 2; G.L. 1923, ch. 35, § 2; G.L. 1938, ch. 105, § 2; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-5 .

37-8-5.1. Prohibition of parking on North Terrace of the State House.

No vehicle shall be parked on the terrace of the State House lot located on Smith Street designated as the “North Terrace”.

History of Section. P.L. 1993, ch. 434, § 1.

37-8-6. “State House” defined — Former state houses — Use of legislative chambers.

Wherever in the statutes of this state the words “State House” are used they shall be construed to mean the building upon the lot bounded by Gaspee, Francis, and Smith Streets in the city of Providence. The building in the city of Newport heretofore used for the purpose of a “state house” shall hereafter be called the Newport County courthouse. The building in Providence heretofore used for the purpose of a “state house” shall hereafter be called the sixth judicial district courthouse. The senate chamber and representatives hall of the State House shall not be used for any other purpose than for meetings of the two houses of the general assembly.

History of Section. G.L. 1896, ch. 27, § 1; P.L. 1901, ch. 852, § 4; P.L. 1905, ch. 1228, § 1; G.L. 1909, ch. 36, § 1; P.L. 1918, ch. 1627, § 1; G.L. 1923, ch. 34, § 1; P.L. 1925, ch. 625, § 1; G.L. 1938, ch. 105, § 12; G.L. 1956, § 37-8-6 .

37-8-6.1. Korean War monument.

The director of the department of administration shall establish and cause to be displayed in the State House a monument commemorating the men and women who served in the armed forces of the United States during the Korean War.

History of Section. P.L. 1985, ch. 427, § 1.

37-8-6.2. State House restoration and preservation account.

There is hereby created within the general fund a restricted receipts account known as the State House restoration and preservation account. The purpose of the account shall be to accept donations from the State House restoration society, which shall be used exclusively for the restoration, preservation, betterment, and benefit of the Rhode Island State House located on Smith Street in Providence, Rhode Island.

History of Section. P.L. 1992, ch. 133, art. 80, § 1.

37-8-6.3. Painting of state seals.

The thirteen (13) state seals displayed above the senate chamber shall be painted with the authentic colors as officially adopted by the state which they represent.

History of Section. P.L. 2001, ch. 302, § 1.

37-8-6.4. POW/MIA chair of honor.

The director of the department of administration shall establish and cause to be displayed in the State House a POW/MIA chair of honor commemorating the men and women of the United States armed forces taken as prisoners of war or listed as missing in action.

History of Section. P.L. 2014, ch. 161, § 1; P.L. 2014, ch. 172, § 1.

37-8-7. Allotment of office space in State House — Furnishings.

The director of administration shall designate the rooms to be used by the committees, boards, departments, divisions, commissions, officers, or persons now or hereafter authorized by law to be provided with offices in the state house, and shall furnish the offices, to the extent of furnishings in the custody of the department of administration available therefor. Upon the request of any board, department, division, commission, or officer, the department of administration shall from time to time, as in the director’s judgment may be necessary, repair and renew the furniture, furnishings, and other movables used or to be used in any office, and the cost of repair and renewal of the furniture, furnishings, and other movables or any additions thereto shall be paid upon vouchers approved by the director of administration from the appropriation made to be expended for that purpose. All furniture, furnishings, and movables shall remain in the care and custody of the department of administration.

History of Section. P.L. 1902, ch. 1051, § 3; G.L. 1909, ch. 37, § 3; G.L. 1923, ch. 35, § 3; P.L. 1927, ch. 953, § 1; G.L. 1938, ch. 105, § 3; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-7 .

37-8-8. Battle flags and markers.

1. The priceless battle flags and markers now belonging to the state of Rhode Island, and any that may hereafter be presented to this state, shall be maintained by the department of administration in embellished cases suitable for their display in the halls or foyers of the State House, and the cases shall be practically hermetically sealed for the purpose of protecting and preserving the battle flags and markers for future generations as the most eloquent testimonials of the patriotism and valor of our fathers. The battle flags and markers shall not be removed from the cases for any purpose other than for their necessary repair or preservation. The department of administration shall have full care, custody, and control of all the battle flags and markers, and the department is hereby authorized and directed to carry out and enforce the provisions and purposes of this section.
2. Notwithstanding any other provision of law, the department of administration is authorized to remove, conserve, and indefinitely store any battle flag or marker it deems to be in such a state of deterioration that its removal from the State House encasements is necessary for its continued existence.
3. The department of administration is directed to study the condition of the State House historic battle flags and markers, the encasements in which they are housed and their method of display to ensure their continued survival while permitting, to the extent possible, continued public display of these historic artifacts. In conducting such study, the department shall seek input and guidance from persons with expertise in historic preservation, textile conservation, veterans’ affairs and military history, as well as from members of the public. The department shall prepare a comprehensive set of recommendations for the conservation and display of these battle flags and markers. The department shall present its findings and recommendations to the governor, the speaker of the house, and the president of the senate not later than January 1, 2017.
4. The department is authorized to apply for and accept public or private funds to carry out this study and for the continued preservation and display of these battle flags and markers.

History of Section. P.L. 1917, ch. 1461, §§ 1, 2; G.L. 1923, ch. 35, §§ 4, 5; G.L. 1938, ch. 105, §§ 4, 5; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-8 ; P.L. 2015, ch. 263, § 1; P.L. 2015, ch. 281, § 1.

37-8-9. Governors’ portraits.

The secretary of state shall cause a portrait to be painted of each governor of the state as soon after the governor is inducted into office and also a portrait of any former governor of the state who may be living and whose portrait is not hung in the state house. Whenever any portrait is finished, the secretary of state shall deliver the portrait to the department of administration to be hung in the State House and the state controller is hereby authorized and directed to draw his or her order upon the general treasurer for a sum sufficient to pay for any portrait out of any money in the treasury not otherwise appropriated upon receipt of vouchers approved by the secretary of state.

History of Section. G.L. 1909, ch. 363, § 43; P.L. 1921, ch. 2076, § 1; G.L. 1923, ch. 416, § 45; G.L. 1938, ch. 632, § 8; impl. am. P.L. 1939, ch. 660 § 65; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-9 .

37-8-10. Hours State House open — Maintenance of good order.

The department of administration shall fix the hours for opening and closing the State House, but the hours so fixed shall not prevent access by the public to the offices therein during the time when it is provided by law that they shall be kept open. It shall be the duty of the department to maintain good order in the State House and upon the grounds surrounding the State House. The capitol police, the bureau of police and fire of the city of Providence, and the superintendent of state police shall assign such number of officers for that purpose as the department may from time to time request.

History of Section. P.L. 1902, ch. 1051, § 4; G.L. 1909, ch. 37, § 4; G.L. 1923, ch. 35, § 6; P.L. 1931, ch. 1719, § 1; G.L. 1938, ch. 105, § 6; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-10 ; P.L. 2008, ch. 100, art. 9, § 7.

37-8-11. Operation of state house restaurant — Sales stands.

1. The department may make such arrangements as it deems advisable for the operation of the restaurant in the State House. It may lease the restaurant and may regulate the sale of newspapers and other articles within the building. All money received by it from these or any other sources shall be paid to the general treasurer monthly.
2. All positions in the State House restaurant shall be in the classified service of the state. Employees of the restaurant on June 13, 1963, shall be granted permanent status in classified positions as determined by the personnel administrator. Notwithstanding any prior contractual bases of employment supported by the state house restaurant rotary fund, the employees are herewith specifically granted the longevity increases of employees in the classified service from the date of their original employment in the restaurant.

History of Section. P.L. 1902, ch. 1051, § 5; G.L. 1909, ch. 37, § 5; G.L. 1923, ch. 35, § 7; P.L. 1931, ch. 1719, § 1; G.L. 1938, ch. 105, § 7; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-11 ; P.L. 1963, ch. 214, § 1.

37-8-11.1. Retirement of State House restaurant employees.

Notwithstanding the provisions of any other law, the provisions of chapters 8, 9, and 10 of title 36, as amended, shall apply to the employees of the State House restaurant. Any employee shall also be permitted to purchase previous service credits in the retirement system for any periods of employment in the State House restaurant from August 1945, to the present, provided he or she makes written application to the retirement board on or before December 31, 1963, and pays into the retirement system in a lump sum payment the contributions of five percent (5%) of his or her total earnings for the period in which he or she seeks membership credit, plus interest at the rate of four percent (4%) per annum compounded annually up to July 1, 1947, and regular interest of two percent (2%) per annum compounded annually thereafter to date of payment.

History of Section. P.L. 1963, ch. 214, § 2.

37-8-12. Illumination of State House.

The department is hereby authorized and directed to maintain flood lights on the State House, so arranged as to illuminate the dome, which shall be illuminated nightly. The department is further authorized, in its discretion, to install other flood lights so arranged as to illuminate such other parts of the exterior of the building as it may determine, the lights to be used at such times as the department may deem fit and proper.

History of Section. G.L. 1923, ch. 35, § 10; P.L. 1931, ch. 1719, § 2; G.L. 1938, ch. 105, § 11; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-12 .

37-8-13. Offices of department — Annual report.

The department shall have an office in the State House or in the state office building, and shall annually in the month of January make a report to the general assembly of its doings for the preceding calendar year.

History of Section. P.L. 1902, ch. 1051, § 6; G.L. 1909, ch. 37, § 6; G.L. 1923, ch. 35, § 8; P.L. 1931, ch. 1719, § 1; G.L. 1938, ch. 105, § 10; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-8-13 .

37-8-14. Legislators’ parking lot.

The department of administration shall provide suitable parking facilities for all legislators, whereby each member of the legislature shall be assigned a parking area. The department shall appoint a member of the capitol police to be on duty in the legislative parking lot, during all sessions of the general assembly.

History of Section. P.L. 1962, ch. 131, § 1.

37-8-15. Access for people with disabilities.

The design of all public buildings to be constructed, leased, or rented by the state or any municipality of the state must be in compliance with all the standards promulgated by the Rhode Island State Building Code, chapter 27.3 of title 23, which make buildings and facilities accessible to and usable by people with disabilities.

History of Section. P.L. 1964, ch. 189, § 1; P.L. 1978, ch. 95, § 1; P.L. 1997, ch. 150, § 13.

37-8-15.1. Accessibility of leased or rented facilities for people with disabilities.

1. No governmental body or public agency, as defined in § 37-2-7 , acting as lessee, shall lease or rent facilities that are not accessible to and usable by individuals with disabilities. The lessee governmental body or public agency shall provide the state building commissioner with a list of prospective facilities to be leased and shall ensure that accessibility certifications in subdivision (a)(1), (a)(2), or (a)(3) and (a)(4) of this section are completed prior to submission of the lease or renewal of the lease for final approval by the state properties commission or other authorized body. Prior to a governmental body or public agency leasing or renting any facility, or renewing a lease:
   1. The state building commissioner shall certify that the new facility to be leased or rented conforms to the accessibility for people with disabilities provisions of the state building code; or that the existing facility to be leased or rented meets the accessibility requirements of the state building code in effect at the time of first occupancy after January 1, 1978; or if constructed prior to January 1, 1978, meets the requirements of the current state building code; or
   2. The state building commissioner shall certify that construction documents for the proposed facility to be leased or rented conform to the accessibility requirements of the state building code, and the accessibility renovations shall be completed within six (6) months of the signing of the lease; or
   3. The state building code board of appeals grants a waiver from some provisions of the state building code’s accessibility requirements for people with disabilities provisions with respect to state agency leasing the facility; and
   4. The governor’s commission on disabilities shall certify that the lessee agency’s program accessibility plan ensures access to, and use of the facility to be leased or rented for people with disabilities.
2. The governor’s commission on disabilities shall only certify an accessibility plan that:
   1. Would not operationally serve to deny any individual with a disability access to a service or program operated by the governmental body or public agency;
   2. Would not operationally serve to deny an employee with a disability or job applicant with a disability employment or advancement in that governmental body or public agency;
3. The state building code board of appeals shall only grant waivers when total compliance with the disability accessibility provisions of the state building code was structurally infeasible.
4. The state building commissioner shall reinspect all facilities leased or rented under subdivision (a)(2) or (a)(3) prior to the date(s) established in the certification or waiver for completion of any renovations required. If the state building commissioner is unable to issue a certification of compliance with the accessibility for people with disabilities provisions of the building code or the variance, then the commissioner shall inform the director of the department of administration that the facility is in noncompliance. The governor’s commission on disabilities shall have the right to periodically review the implementation of the accessibility plan, and inform the director of the department of administration of any noncompliance. Upon submission of said notification of noncompliance, the director of the department of administration shall take steps to ensure compliance or forward a report to the attorney general for legal action to terminate the lease.

History of Section. P.L. 1992, ch. 213, § 1; P.L. 1993, ch. 326, § 1; P.L. 1994, ch. 135, § 4; P.L. 1997, ch. 150, § 13; P.L. 1999, ch. 83, § 84; P.L. 1999, ch. 130, § 84; P.L. 2000, ch. 476, § 1.

37-8-16. Walkie-talkies portable communications for capitol police.

All members of the capitol police who are assigned to the state house shall be supplied and have on their person a portable communications device while on their tour of duty.

History of Section. P.L. 1979, ch. 316, § 1; P.L. 2008, ch. 100, art. 9, § 7.

37-8-17. Repealed.

History of Section. P.L. 1980, ch. 79, § 1; Repealed by P.L. 1993, ch. 49, § 1, effective June 29, 1993. For present comparable provisions, see § 37-8-19 .

37-8-17.1. Energy efficient resources.

1. In addition to the requirements set forth in § 37-8-19 , the director of the department of administration, in consultation with the state energy office, shall establish, maintain, and implement a system of rebate incentives for the installation of energy efficient sources in state owned and leased buildings offered by the various public utilities providing those resources to the state.
2. Any public building that is owned by the state or any department, office, board, commission, or agency thereof, including state-supported institutions of higher education shall purchase or generate sixteen percent (16%) of their electricity from renewable energy resources by January 1, 2020, in accordance with the following schedule:

   By 2010, four and one-half percent (4.5%) of electricity used shall be from renewable energy resources, with an additional one percent (1%) of electricity purchased or generated in each of the following years 2011, 2012, 2013, 2014; and an additional one and one-half percent (1.5%) of electricity purchased or generated in each of the following years 2015, 2016, 2017, 2018, and 2019, from renewable energy resources.

3. On or before June 1, 2009 the office of Energy Resources shall file a report with the President of the Senate and the Speaker of the House of Representatives detailing the progress of the program to include, but not be limited to, suggestions for achieving the stated goals for renewable energy resources.

History of Section. P.L. 1991, ch. 39, § 1; P.L. 2001, ch. 142, § 2; P.L. 2008, ch. 256, § 1; P.L. 2008, ch. 421, § 1.

37-8-17.2. Repealed.

History of Section. P.L. 1991, ch. 39, § 1; P.L. 1995, ch. 141, § 1; P.L. 1997, ch. 124, § 1; Repealed by P.L. 2009, ch. 5, art. 8, § 1, effective June 30, 2008.

37-8-18. Department of administration garage.

All fees and charges collected from users of the parking garage located in the department of administration building shall be deposited as general revenues.

History of Section. P.L. 1990, ch. 65, art. 44, § 1; P.L. 1995, ch. 370, art. 40, § 111.

37-8-19. Energy use in public buildings.

1. The director of the department of administration shall publish and maintain standards and guidelines for energy conservation and energy cost savings in new, renovated, and newly leased public buildings. The standards shall be, at a minimum, in compliance with the Rhode Island State Building Code, chapter 27.3 of title 23 and will exceed and supplement that code where it is determined to be cost effective to do so.
2. The standards shall address, at a minimum, lighting, heating, ventilation and air conditioning, building envelope, site orientation, use of passive solar energy, use of energy management systems, use of dual fuel burning capabilities, and use of any available financial subsidies or grants for energy conservation. The objective of the standards and guidelines will be to implement cost effective building design, to achieve energy efficiency, and to minimize the overall cost of constructing, renovating, operating, and maintaining public buildings.
3. All new, renovated, and newly leased public buildings shall be designed in compliance with the standards and guidelines which may be changed and updated periodically by the director.
4. Architects and engineers hired by the state will be required to comply with these standards and will also be required to meet with the statewide energy conservation officer and state building code commissioner, or their designees, commencing with the design phase to review the standards and guidelines and to determine how to incorporate them into the project design. A written authorization must be obtained from the statewide energy conservation officer before plans and specifications can be approved for a building permit by the building code commissioner.
5. The official in charge of supervising the design and construction of public buildings at each of the following state agencies shall have the opportunity to comment on all standards, guidelines, and any periodic changes to them before they become finalized by the director:
   1. The university of Rhode Island, Rhode Island college, the department of MHRH, the community college of Rhode Island, the division of central services, the governor’s energy office, and the state building code commission.
6. “Public building” for the purpose of this section shall mean any building owned by the state of Rhode Island or any building leased by the state of Rhode Island with a term of two (2) years or longer.

History of Section. P.L. 1993, ch. 49, § 2; P.L. 2001, ch. 142, § 2.

37-8-20. Motorcycle designated parking at public buildings.

1. In order to encourage and/or accommodate motorcycle parking and to assure, whenever possible, that designated parking spaces for motorcycles are provided in parking areas adjacent to, or within sight of, state, city, and town buildings, every state department or state agency and every agency or institution maintained by a Rhode Island city or town is required to prepare a motorcycle parking plan. Provided, however, airports within the state are not required to comply with this requirement.
2. Motorcycle parking plans shall initially be prepared prior to November 1, 2012, and shall be promptly posted on the applicable website of the state, city, or town. In the event that a new state, city, or town building is constructed, a motorcycle parking plan shall be in effect within thirty (30) days that the building is open to the public.
3. Each motorcycle parking plan shall include, but not be limited to, the following provisions:
   1. Wherever possible, designated parking spaces for motorcycles shall be provided in parking areas that are adjacent to, or within sight of, state, city, and town buildings;
   2. The number and placement of designated motorcycle parking spaces shall be determined as a result of motorcycle utilization by employees of state, city, and town buildings, and with input from motorcycle owners;
   3. Designated motorcycle parking places must be set aside and made available annually to state employees during the months of April through November, beginning on April 1, 2013; and
   4. Signage designating motorcycle parking spaces shall be in place by April of each year.
4. Motorcycle parking plans may be revised as situations warrant, but must be reviewed at least once every five (5) years and revised, as necessary.
5. The unauthorized use of a designated motorcycle parking space will result in a fine against the registered owner of the offending vehicle in the amount of eighty-five dollars ($85.00).

History of Section. P.L. 2012, ch. 192, § 1; P.L. 2012, ch. 201, § 1.

37-8.1-1 — 37-8.1-3. Repealed.

History of Section. P.L. 1986, ch. 287, art. 5, § 2; P.L. 1987, ch. 118, art. 5, § 1; P.L. 1990, ch. 309, § 7; G.L. 1956, § 37-8.1-4; Repealed by P.L. 1999, ch. 31, art. 21, § 4, effective July 1, 1999.

37-9-1. Repealed.

History of Section. P.L. 1950, ch. 2425, § 1; P.L. 1952, ch. 2908, § 1; G.L. 1956, § 37-9-1 ; P.L. 1974, ch. 110, § 1; Repealed by P.L. 1990, ch. 65, art. 34, § 1, effective June 30, 1990.

37-9-2. Policies for use of auditorium.

The director of administration is hereby authorized and empowered to determine and administer the policies of use which shall apply to the state auditorium in the Veterans’ Memorial Building, at Providence, Rhode Island; to determine the patterns and standards of performance, entertainment, instruction, and other modes and purposes of use of the facilities of the state auditorium; and to determine prices, charges, schedules, contract terms, and conditions as well as any and all other matters brought about by the public and private use, presentation, and rental thereof.

History of Section. P.L. 1950, ch. 2425, § 3; G.L. 1956, § 37-9-3 ; G.L. 1956, § 37-9-2 ; P.L. 1974, ch. 110, § 1; P.L. 1990, ch. 65, art. 34, § 2.

37-9-3. Agreements for use.

The director of administration is hereby vested with the authority to enter into contracts and agreements for the use of the state auditorium.

History of Section. P.L. 1950, ch. 2425, § 4; G.L. 1956, § 37-9-4 ; G.L. 1956, § 37-9-3 ; P.L. 1974, ch. 110, § 1; P.L. 1990, ch. 65, art. 34, § 2.

37-9-4. Selection of staff.

The director of administration shall select any clerical and other staff necessary to the administration of duties of the state auditorium.

History of Section. P.L. 1950, ch. 2425, § 5; G.L. 1956, § 37-9-5 ; G.L. 1956, § 37-9-4 ; P.L. 1974, ch. 110, § 1; P.L. 1990, ch. 65, art. 34, § 2.

37-9-5. Repealed.

History of Section. P.L. 1950, ch. 2425, § 6; G.L. 1956, § 37-9-6 ; G.L. 1956, § 37-9-5 ; P.L. 1974, ch. 110, § 1; Repealed by P.L. 1990, ch. 65, art. 34, § 1, effective June 30, 1990.

37-9-6. Disposition of income.

All income and receipts derived from whatever source and arising out of the use of the auditorium shall be deposited as general revenues.

History of Section. P.L. 1950, ch. 2425, § 7; G.L. 1956, §§ 37-9-6 , 37-9-7 ; P.L. 1974, ch. 110, § 1; P.L. 1990, ch. 65, art. 34, § 2; P.L. 1995, ch. 370, art. 40, § 112.

37-9-7. Maintenance.

The physical maintenance and management of the auditorium shall remain and be vested in the department of administration.

History of Section. P.L. 1950, ch. 2425, § 8; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, §§ 37-9-7 , 37-9-8; P.L. 1974, ch. 110, § 1.

37-10-1. Building authorized.

The state of Rhode Island is hereby authorized and empowered to construct, operate, and maintain a Rhode Island building at the eastern states’ exposition at West Springfield, in the commonwealth of Massachusetts, to be designated and constructed for the purpose of exhibiting the resources, products, and general development of the state of Rhode Island, and for advertising its agricultural, industrial, recreational, and educational possibilities.

History of Section. P.L. 1956, ch. 3675, § 1; G.L. 1956, § 37-10-1 .

37-10-2. Repealed.

History of Section. P.L. 1956, ch. 3675, § 2; G.L. 1956, § 37-10-2 ; Repealed by P.L. 1979, ch. 351, § 3. The legislative authority for the eastern states’ exposition commission was to have ceased as of June 30, 1979 by P.L. 1978, ch. 387, § 1.

37-10-3. Acceptance and deposit of contributions.

1. The director of the department of environmental management shall act as an agent of the state for the purpose of receiving, by means of public subscription, gifts, and bequests, and shall deposit all money so received in any bank or banks in this state in which the funds of the state may be lawfully kept, in a special account to be known as the “eastern states’ exposition fund.”
2. When the director of the department of environmental management shall have obtained by public subscription as aforesaid the sum of at least fifty thousand dollars ($50,000), he or she shall certify that fact to the director of administration and shall deliver unto the general treasurer such money as he or she shall have received, as herein provided and as heretofore received pursuant to the provisions of chapter 2053 of the public laws of 1948.
3. In the event that the money received by the director of the department of environmental management which, when added to the sum appropriated pursuant to § 4 of chapter 3675 of the public laws of 1956, shall be insufficient to cover the total cost of constructing, equipping, landscaping, and site improvement for the Rhode Island building at the eastern states’ exposition, as indicated in a firm budget for the same to be prepared by the director of administration, the director of the department of environmental management shall continue to act for the purpose of receiving the additional money or gifts in kind as are needed to complete the same. No construction or contract for construction of the building shall be entered into until the additional money or gifts in kind have been received, credited, and delivered as aforesaid.

History of Section. P.L. 1956, ch. 3675, § 3; G.L. 1956, § 37-10-3 ; P.L. 1979, ch. 351, § 4.

37-10-4. Disbursement of funds.

The sum appropriated in § 4 of chapter 3675 of the public laws of 1956 and all sums received by the general treasurer pursuant to § 37-10-3 shall be maintained in a special account. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums, or so much thereof as may be required from time to time, upon receipt by him or her of vouchers duly authenticated and approved by the director of administration.

History of Section. P.L. 1956, ch. 3675, § 4; G.L. 1956, § 37-10-4 .

37-10-5. Title to land.

No construction or contract for construction of the building shall be entered into until title to the land is gratuitously conveyed to the state of Rhode Island.

History of Section. P.L. 1956, ch. 3675, § 5; G.L. 1956, § 37-10-5 .

37-10-6. Construction, operation and maintenance of building.

The building shall be constructed under the direction of the director of administration. The operation and maintenance of the building shall be under the supervision of the director of administration.

History of Section. P.L. 1956, ch. 3675, §§ 6, 7; G.L. 1956, § 37-10-6 .

37-10-7. Use of building — Appropriation.

1. The director of the Rhode Island economic development corporation, with the advice of the director of the department of environmental management, may rent the building or parts of the building for exhibition and other rental purposes to those persons who will promote the general development of the state by advertising the agricultural, industrial, recreational, and educational possibilities of the state. All rents or rates shall be paid to and receipted for by the general treasurer for use by the state. The operation and maintenance of the exhibitions and other rental purposes shall be under the supervision of the director of the Rhode Island economic development corporation.
2. The general assembly shall annually appropriate such sums as it may deem necessary for the operation and maintenance of the building, for the operation and maintenance of the exhibitions, and for other purposes of this chapter.

History of Section. P.L. 1956, ch. 3675, § 8; G.L. 1956, § 37-10-7 ; P.L. 1959, ch. 113, § 1; P.L. 1979, ch. 351, § 4.

37-11-1. Agreements for comprehensive coverage.

The director of administration, with the approval of the governor, is hereby authorized and directed to enter into agreements with one or more insurance companies for comprehensive insurance coverage on state property to protect the state against loss from fire and other risks.

History of Section. P.L. 1948, ch. 2090, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-11-1 .

37-11-2. Restoration and replacement of property out of insurance proceeds.

Whenever state property is damaged or destroyed, the officer, board, division, department, or commission having charge of the state property shall promptly report the loss to the director of administration. The director of administration shall forthwith make an investigation for the purpose of determining whether or not the restoration or replacement of any of the property is necessary or desirable. The restoration or replacement as the director of administration shall deem necessary or desirable shall be paid for out of the recoveries from the insurance hereinbefore authorized. An appropriation is hereby made of so much of the recoveries as shall be required to pay the costs of the restoration and replacement ordered by the director. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment out of the insurance recoveries of such sums as may from time to time be required to pay for any restoration or replacement, upon receipt by the controller of proper vouchers approved by the director of administration.

History of Section. P.L. 1948, ch. 2090, § 2; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 37-11-2 ; P.L. 1988, ch. 129, art. 9, § 4.

37-12-1. Contractors required to give bond — Terms and conditions.

Every person (which word for the purposes of this chapter shall include a copartnership, a number of persons engaged in a joint enterprise, or a corporation), before being awarded a contract by the department of transportation or by the department of administration, as the case may be, and every person awarded such a contract as a general contractor or construction or project manager for the construction, improvement, completion, or repair of any public road or portion thereof or of any bridge in which the contract price shall be in excess of one hundred and fifty thousand dollars ($150,000), or for a contract for the construction, improvement, completion, or repair of any public building, or portion thereof, shall be required to furnish to the respective department a bond of that person to the state, with good and sufficient surety or sureties (hereafter in this chapter referred to as surety), acceptable to the respective department, in a sum not less than fifty percent (50%) and not more than one hundred percent (100%) of the contract price, conditioned that the contractor, principal in the bond, the person’s executors, administrators, or successors, shall in all things, well and truly keep and perform the covenants, conditions, and agreements in the contract, and in any alterations thereof made as therein provided, on the person’s part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the state, the respective department, and all of its officers, agents, and employees, as therein stipulated, and shall also promptly pay for all such labor performed or furnished, together with penalties assessed pursuant to § 37-13-14.1(b) , and for all such materials and equipment furnished (which, as to equipment, shall mean payment of the reasonable rental value, as determined by the respective department, of its use during the period of its use), as shall be used in the carrying on of the work covered by the contract, or shall see that they are promptly paid for, whether or not the labor is directly performed for or furnished to the contractor or is even directly performed upon the work covered by the contract, and whether or not the materials are furnished to the contractor or become component parts of the work, and whether or not the equipment is furnished to the contractor or even directly used upon the work. The bond shall contain the provisions that it is subject to all such rights and powers of the respective department and such other provisions as are set forth in the contract and the plans, specifications, and proposal incorporated by reference in the contract, and that no extension of the time of performance of the contract or delay in the completion of the work thereunder or any alterations thereof, made as therein provided, shall invalidate the bond or release the liability of the surety thereunder. Waiver of the bonding requirements of this section is expressly prohibited.

History of Section. P.L. 1934, ch. 2105, § 1; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch. 79, § 1; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1951, ch. 2727, art 1, § 3; G.L. 1956, § 37-12-1 ; P.L. 1988, ch. 449, § 15; P.L. 1994, ch. 431, § 1; P.L. 1999, ch. 367, § 2; P.L. 2009, ch. 354, § 2; P.L. 2016, ch. 537, § 1; P.L. 2019, ch. 60, § 1; P.L. 2019, ch. 72, § 1.

37-12-2. Rights of persons furnishing labor and materials.

Every person who shall have performed labor and every person who shall have furnished or supplied labor, material, or equipment in the prosecution of the work provided for in the contract, in respect of which a payment bond is furnished under § 37-12-1 , and who has not been paid in full therefor before the expiration of a period of ninety (90) days after the day on which the last of the labor was performed or furnished by him or her, or material or equipment furnished or supplied by him or her for which a claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of the suit and to prosecute the action to final execution and judgment for the sum or sums justly due him or her; provided, however, that any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing the payment bond shall have a right of action upon the payment bond upon giving written notice to the contractor within ninety (90) days from the date on which the person furnished or performed the last of the labor, or furnished or supplied the last of the material or equipment for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the labor was furnished or performed or the material or equipment was furnished or supplied. The notice shall be served by mailing the same by certified mail, postage prepaid, in an envelope addressed to the contractor at any place he or she maintains an office, conducts his or her business, or his or her residence.

History of Section. P.L. 1934, ch. 2105, § 2; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch. 79, § 2; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 37-12-2 ; P.L. 1973, ch. 216, § 1; P.L. 1975, ch. 148, § 1.

37-12-3. Remedies of creditors and state — Priority of claims.

The remedy on the bond shall be by a civil action brought in the superior court for the counties of Providence and Bristol and in any suit brought on the bond the rights of the state shall be prior to those of all creditors. These rights shall include penalties, assessed under § 37-13-14.1(b) for nonpayment or late payment of wages due. The rights of persons who shall have performed labor as aforesaid shall be prior to the rights of all other creditors, and there shall be no priorities among laborers or among other creditors under the bond. The state, either after having recovered a judgment against the contractor on the contract or without having recovered a judgment, may bring a suit on the bond against the contractor and surety on the bond, and may join as parties defendant in the suit any persons claiming to have rights under the bond as creditors; and, if it has not brought such a suit, it may at any time before a final and conclusive decree, intervene and become a party in any suit brought, as hereafter provided in this chapter, by any person claiming to be a creditor under the bond.

History of Section. P.L. 1934, ch. 2105, § 3; G.L. 1938, ch. 79, § 3; G.L. 1956, § 37-12-3 ; P.L. 2016, ch. 537, § 1.

37-12-4. Intervention by creditor in suit brought by state.

Any person claiming to be a creditor under the bond may at any time intervene and become a party in any pending suit brought as aforesaid by the state on the bond, and by so intervening may have the rights to the person adjudicated in the suit.

History of Section. P.L. 1934, ch. 2105, § 4; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch. 79, § 4; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 37-12-4 ; P.L. 1973, ch. 216, § 1.

37-12-5. Time limitation on creditors’ actions.

No suit instituted under § 37-12-2 shall be commenced after the expiration of two (2) years, or under the maximum time limit as contained within any labor or material payment bond required under § 37-12-1 , whichever period is longer, after the day on which the last of the labor was furnished or performed or material or equipment was furnished or supplied by any person claiming under the section.

History of Section. P.L. 1934, ch. 2105, § 5; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch. 79, § 5; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 37-12-5 ; P.L. 1973, ch. 216, § 1; P.L. 1975, ch. 148, § 1.

37-12-6. Intervention in suit brought by creditor — Consolidation of suits.

When a suit has been so brought on the bond by a person claiming to be a creditor under the bond and is pending, any other person claiming to be a creditor under the bond may intervene and become a party in the first suit thus brought and pending and by so intervening may have the rights of the other person adjudicated in the suit. If two (2) or more of the suits be filed in the court on the same day, the one in which the larger sum shall be claimed shall be regarded as the earlier suit. All suits brought upon the bond as provided in this chapter shall be consolidated together by the court and heard as one suit.

History of Section. P.L. 1934, ch. 2105, § 6; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch. 79, § 6; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 37-12-6 ; P.L. 1973, ch. 216, § 1.

37-12-7. Notice of pendency of suit.

In any suit brought under the provisions of this chapter such personal notice of the pendency of the suit as the court may order shall be given to all such known creditors and persons claiming to be creditors under the bond as shall not have entered their appearances in the suit and, in addition to the notice, notice of the pendency of the suit shall be given by publication in some newspaper published in this state of general circulation in the city or town or every city or town in which the work covered by the contract was carried on, once a week for three (3) successive weeks, in such form as the court may order. The court, however, may dispense with the notices if satisfied that sufficient notices shall have been given in some other suit brought under the provisions of this chapter.

History of Section. P.L. 1934, ch. 2105, § 9; G.L. 1938, ch. 79, § 9; G.L. 1956, § 37-12-7 .

37-12-8. Certified copies of documents.

Any person claiming to be a creditor under the bond and having filed a claim with the respective department, in accordance with the requirements of § 37-12-2 , shall have the right, at any time when the person could under this chapter file a suit or intervene in a pending suit, to require the respective department to furnish to the person certified copies of the contract, proposal, plans specifications, and bond.

History of Section. P.L. 1934, ch. 2105, § 7; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch. 79, § 7; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 37-12-8 .

37-12-9. Payment into court by surety — Discharge.

The surety on the bond may pay into the registry of the court, for distribution among those who may be or become entitled thereto under the decree of the court, the penal sum named in the bond less any amount which the surety may have paid to the state in satisfaction of the liability of the surety to the state under the bond, and then shall be entitled to be discharged from all further liability under the bond.

History of Section. P.L. 1934, ch. 2105, § 8; G.L. 1938, ch. 79, § 8; G.L. 1956, § 37-12-9 .

37-12-10. Retainers relating to contracts for public works, sewer, or water main construction.

1. Upon substantial completion of the work required by a contract aggregating in amount less than five hundred thousand dollars ($500,000) for the construction, reconstruction, alteration, remodeling, repair, or improvement of sewers and water mains, or any public works project defined in § 37-13-1 , the awarding authority may deduct from its payment a retention to secure satisfactory performance of the contractual work not exceeding five percent (5%) of the contract price.
2. There shall also be deducted and retained from the contract price an additional sum sufficient to pay the estimated cost of municipal police traffic control on any public works project. Municipalities shall directly pay the officers working traffic details and shall bill and be reimbursed by the withholding authority for which the contract is being performed every thirty (30) days until the project is complete.
3. Notwithstanding the foregoing, with respect to projects located within the town of Warren, the withholding authority shall hold an amount from the contract price that shall be reasonably sufficient to pay the estimated cost of municipal police traffic control. The withholding authority shall pay to the town of Warren within seventy-two (72) hours of written demand the actual costs of police traffic control associated with said project on an ongoing basis.

History of Section. P.L. 1979, ch. 377, § 1; P.L. 1989, ch. 368, § 1; P.L. 1996, ch. 378, § 1; P.L. 2004, ch. 22, § 1; P.L. 2010, ch. 276, § 1; P.L. 2010, ch. 288, § 1; P.L. 2018, ch. 170, § 2.

37-12-10.1. Contractor/subcontractor retainage.

1. No contract for construction, as defined in § 5-65-1 , or for state or municipal public works projects, as defined in this title, excluding contracts under § 37-12-10 , shall include retainage that exceeds five percent (5%) of any progress payment.
2. Not later than fourteen (14) days after reaching substantial completion, as defined in § 5-65-1 , the prime contractor shall submit to the project owner a notice of substantial completion, substantially in the form provided in this subsection, stating the date on which the project was substantially complete. Click to view
3. The project owner shall accept or reject the notice of substantial completion within fourteen (14) days of receipt of the notice. The project owner shall indicate its acceptance by signing the notice in the space provided, and shall deliver the notice to the prime contractor within the same fourteen-day (14) period. If the project owner fails to deliver the notice to the prime contractor within the fourteen-day (14) period, the notice shall be deemed accepted. If the project owner rejects the notice of substantial completion, the project owner shall, within fourteen (14) days of receipt of the notice described in subsection (b), notify the prime contractor in writing of the rejection, and include in the rejection the factual and contractual basis for the rejection, and a certification that the rejection is made in good faith. A rejection of the notice shall be subject to the dispute resolution provisions of the contract for construction, which, notwithstanding any provision in the contract to the contrary, shall be commenced by the prime contractor within seven (7) days of receipt of the rejection of the project owner. The prime contractor and project owner shall prosecute the dispute resolution procedures diligently, expeditiously, and in good faith. A notice of substantial completion not rejected by the project owner within fourteen (14) days of receipt of the notice and in accordance with this subsection shall be deemed accepted by the project owner. Upon an express or deemed acceptance of a notice of substantial completion, the date of substantial completion shall be the date stated in the prime contractor’s notice for all purposes, and the acceptance shall be final and binding on the project owner and its successors and assignees.
4. Not later than fourteen (14) days after the express or deemed acceptance of the notice of substantial completion or, in the case of a dispute, final and binding resolution of the dispute, the project owner shall submit to the prime contractor a written list describing all incomplete or defective work items and deliverables required of the prime contractor under the prime contractor’s contract for construction. The list shall be certified by the project owner as made in good faith. Not later than twenty-one (21) days after the express or deemed acceptance of the notice of substantial completion, or, in the case of a dispute, final and binding resolution of the dispute, the prime contractor shall submit to each person from whom the prime contractor is withholding retainage, a written list describing all incomplete or defective work items and deliverables required by the person under the person’s contract for construction, which list may include items beyond those on the project owner’s list. The list shall be certified by the prime contractor as made in good faith.
5. The project owner and prime contractor shall fulfill their obligations pursuant to subsections (b), (c) and (d) of this section in good faith and in a timely manner. Except where the contract for construction shall provide for an earlier submission, following the expiration of sixty (60) days after substantial completion or, in the case of a dispute under subsection (c), final and binding resolution of the dispute, a person may submit a written application for payment of retainage in the form required by the person’s contract for construction. An application for payment of retainage shall be accompanied by a written list identifying the incomplete or defective work items and deliverables on its received list that the person has completed, repaired, and delivered. The list shall be certified by the person submitting the application for payment of retainage as made in good faith. Subject to subsection (f), an application for payment of retainage shall be paid not later than thirty (30) days following submission of the application, or on the next payment cycle in accordance with the established state revolving fund (SRF) payment schedule; provided, however, that the time period for payment of an application for retainage by the person at each tier of contract below the owner of the project may be extended by seven (7) days longer than the time period applicable to the person at the tier of contract above the person.
6. Not more than the following amounts may be withheld from the payment of retainage:
   1. For unknown or foreseeable defects that may become known in the first year after substantial completion, one-half percent (1/2%) may be held for up to one year following the date of substantial completion;
   2. For incomplete, incorrect, or missing deliverables, either the value of the deliverables as mutually agreed upon in writing by the parties to the contract for construction of the person seeking payment of retainage pursuant to the contract or if no value has been agreed upon in writing by the parties, the reasonable value of the deliverables which shall not exceed two and one-half percent (2.5%) of the total adjusted contract price of the person seeking payment of retainage;
   3. One hundred fifty percent (150%) of the reasonable cost to complete or correct incomplete or defective work items; and
   4. The reasonable value of claims and any costs, expenses, and attorney’s fees incurred as a result of the claims if permitted in the contract for construction of the person seeking the payment of retainage. No amount shall be withheld from the payment of retainage unless the person seeking payment has received, before the date that the payment is due, a description, in writing, of the incomplete or defective work items and incomplete, incorrect, or missing deliverables, the factual and contractual basis for the claims, and the value attributable to each incomplete or defective work item, deliverable, and claim. The writing shall be certified as made in good faith. A person may submit additional applications for payment of retainage in the form required by the person’s contract for construction following completion or correction of incomplete or defective work items, the furnishing of deliverables, or the resolution of claims. The additional applications shall be paid, and amounts may be withheld from payment, in accordance with subsection (f).
7. Retainage held by the project owner on account of the prime contractor’s self-performed labor, materials, and equipment shall be eligible for payment to the same extent as if the labor, materials, and equipment had been provided by a person under a contract for construction with the prime contractor.
8. If the prime contractor has not been declared in default under the requirements of the contract for construction with the project owner and subject to this section, the project owner shall not withhold any part of the retainage of a person under a contract for construction with the prime contractor or the prime contractor’s proportional retainage calculated thereon for a claim that the project owner asserts against the prime contractor that is not based on the performance of the person or a default of the person’s contract for construction.
9. A contract for construction may establish the date of the month for submission of an application for payment of retainage; provided, however, that the contract may not restrict the submission to less frequently than one application per calendar month. An application submitted prior to the date established in the contract for construction shall be deemed submitted as of the date established in the contract. A rejection of an application for payment of retainage and a dispute regarding incomplete or defective work items, deliverables, or claims shall be subject to the applicable dispute resolution procedure. A provision in a contract for construction that requires a person to delay commencement of the applicable dispute resolution procedure for more than thirty (30) days after either the rejection of an application for payment of retainage or written notice of the dispute is provided, whichever first occurs, shall be void and unenforceable. The payment of retainage shall be subject to subsection (e).
10. A communication required by this section to be in writing may be submitted in electronic form and by electronic means.
11. A provision in a contract for construction that purports to waive, limit, or subvert this section or redefine or expand the conditions for achievement of substantial completion for payment of retainage shall be void and unenforceable.
12. Any contract under this section, as defined by § 37-13-1 , that exceeds twelve (12) months in duration shall allow those subcontractors who are substantially complete within the first third (1/3) of the project to request from the prime contractor release of retainage pursuant to subsections (b), (c), (d) and (e).
13. The Rhode Island department of transportation (RIDOT) shall be exempt from the provisions of this section and may deduct from any payments required pursuant to any construction contract an amount reasonably sufficient to secure satisfactory performance of contractual work which amount shall not exceed five percent (5%) of the contract price.

FORM FOR NOTICE OF SUBSTANTIAL COMPLETION NOTICE OF SUBSTANTIAL COMPLETION For [project name] To [project owner]: The undersigned hereby gives notice that the project was substantially complete, as defined under , or for state or municipal public works projects, as defined in title 37 of the general laws on [date of substantial completion]. This notice is certified as made in good faith on [date of notice]. § 5-65-1(18) By [prime contractor] Accepted: By [project owner] Dated:

History of Section. P.L. 2018, ch. 170, § 3.

Applicability.

P.L. 2018, ch. 170, § 4 provides: “Notwithstanding any general or special law to the contrary, this act shall not apply to a contract for construction relating to a project for which the owner’s contract was entered into prior to the effective date of this act [July 2, 2018].”

37-12-11. Substitution of securities for retained earnings.

1. Where any public works contract as defined by § 37-13-1 provides for the retention of earned estimates by the state of Rhode Island, the contractor may, from time to time, withdraw the whole or any portion of the amount retained for payments to the contractor pursuant to the terms of the contract, upon depositing with the general treasurer either;
   1. United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, or United States treasury bills;
   2. Bonds or notes of the state of Rhode Island; or
   3. Bonds of any political subdivision in the state of Rhode Island.
2. No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or of the par value of the securities, whichever is lower. The general treasurer shall, on a regular basis, collect all interest or income on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the general treasurer shall deliver each coupon as it matures to the contractor. Any amount deducted by the state, or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments otherwise due the contractor, shall be deducted, first from that portion of the retained payments for which no security has been substituted, then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after the amount has been deducted. The securities so deposited shall be properly endorsed by the contractor in such manner so as to enable the general treasurer to carry out the provisions of this section.

History of Section. P.L. 1968, ch. 140, § 1.

37-12.1-1. Definitions.

Terms used in this chapter shall be construed as follows:

1. “Designers” means any person, firm, or corporation duly authorized pursuant to the laws of this state to engage in the practice of architecture and/or engineering within this state.
2. “Public works contract” means a contract to perform design or planning services by a designer with the state, any agency, or governmental subdivisions thereof.
3. “Retained earnings” means any money or earned estimates withheld from a designer pursuant to the terms of a public works contract.

History of Section. P.L. 1991, ch. 161, § 1.

37-12.1-2. Substitution of security for retained earnings by designers.

1. Where any public works contract provides for the holding of retained earnings from a designer, the designer may from time to time withdraw the whole or any portion of the amount retained upon either depositing with the general treasurer:
   1. United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, or United States treasury bills;
   2. Bonds or notes of the state of Rhode Island; or
   3. Bonds of any political subdivision of the state of Rhode Island.
2. With respect to the deposit of securities, the general treasurer shall, on a regular basis, collect all interest or income on the securities so deposited and shall pay the interest or income when and as collected to the designer depositing the securities. If the security is in the form of coupon bonds, the general treasurer shall deliver each coupon as it matures to the designer.

History of Section. P.L. 1991, ch. 161, § 1.

37-12.1-3. Deduction from retained earnings.

In the event that pursuant to the terms of the public works contract it is necessary to deduct any sum from retained earnings, the state or governmental unit or agency thereof shall first apply the deduction against sums not withdrawn and thereafter from the proceeds of the sale of any securities deposited or from the income earned on those securities, whichever is applicable.

History of Section. P.L. 1991, ch. 161, § 1.

37-12.1-4. Endorsement on securities.

All securities deposited with the general treasurer pursuant to this chapter shall be properly endorsed by the designer in such manner as to enable the general treasurer to carry out the provisions of this chapter.

History of Section. P.L. 1991, ch. 161, § 1.

37-12.1-5. Applicability.

This chapter shall apply to all retained earnings held pursuant to any public works contract as of June 16, 1991.

History of Section. P.L. 1991, ch. 161, § 1.

37-13-1. Definitions.

As used in this chapter:

1. “Public works” means any public work consisting of grading, clearing, demolition, improvement, completion, repair, alteration, or construction of any public road or any bridge, or portion thereof, or any public building, or portion thereof, or any heavy construction, or any public works projects of any nature or kind whatsoever.
2. “School transportation services” means those transportation and related services provided for the transportation of public and private students pursuant to §§ 16-21-1 and 16-21.1-8 .

History of Section. G.L. 1938, ch. 290, § 2; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-1 ; P.L. 1965, ch. 77, § 1; P.L. 1974, ch. 237, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-2. “Contractor” defined — Information required.

The term “contractor” as used in this chapter shall mean the bidder whose bid has been accepted by an authorized agency or awarding authority as the bidder possessing the skills, ability, and integrity necessary to the faithful performance of the contract or work, and who shall certify that he or she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the contract or work. Essential information in regard to qualifications shall be submitted in such form to the awarding authority and the director of labor and training as the director of labor and training shall require. The authorized agency or awarding authority shall reserve the right to reject all bids, if it be in the public interest to do so.

History of Section. G.L. 1938, ch. 290, § 14; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-2 ; P.L. 1965, ch. 77, § 1.

37-13-3. Contractors subject to provisions — Weekly payment of employees.

All contractors, who have been awarded contracts for public works by an awarding agency or authority of the state or of any city, town, committee, or by any person or persons therein, in which state or municipal funds are used and of which the contract price shall be in excess of one thousand dollars ($1,000), whether payable at the time of the signing of the contract or at a later date, and their subcontractors, on those public works shall pay their employees at weekly intervals and shall comply with the provisions set forth in §§ 37-13-4 — 37-13-14 and § 37-13-16 .

History of Section. P.L. 1936, ch. 2361, § 1; G.L. 1938, ch. 290, § 1; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-3 ; P.L. 1965, ch. 77, § 1; P.L. 1991, ch. 117, § 1.

37-13-3.1. State public works contract apprenticeship requirements.

Notwithstanding any laws to the contrary, all general contractors and subcontractors who perform work on any public works contract awarded by the state after passage of this act and valued at one million dollars ($1,000,000) or more shall employ apprentices required for the performance of the awarded contract. The number of apprentices shall comply with the apprentice-to-journeyman ratio for each trade approved by the apprenticeship council of the department of labor and training. To the extent that any of the provisions contained in this section conflict with the requirements for federal aid contracts, federal law and regulations shall control.

The provisions of this section shall not apply to contracts for school transportation services.

History of Section. P.L. 2008, ch. 380, § 1; P.L. 2008, ch. 389, § 1; P.L. 2009, ch. 310, § 14; P.L. 2014, ch. 20, § 1; P.L. 2014, ch. 21, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-3.2. Entities subject to provisions — Weekly payment of employees.

All persons, firms, corporations, or other entities who or that have been awarded school transportation service contracts by an awarding agency or authority of the state or of any city, town, committee, or by any person or persons therein, in which state or municipal funds are used and of which the contract price shall be in excess of one thousand dollars ($1,000), whether payable at the time of the signing of the contract or at a later date, and their subcontractors, engaged as part of the service contract, shall pay their employees at weekly intervals and shall comply with the provisions set forth in §§ 37-13-6 through 37-13-13.1 , 37-13-14.1 , and 37-13-16 .

History of Section. P.L. 2021, ch. 292, § 4, effective July 9, 2021; P.L. 2021, ch. 293, § 4, effective July 9, 2021.

37-13-4. Provisions applicable to public works contracts — Lists of subcontractors.

All public works shall be done by contract, subject to the same provisions of law relating thereto and to the letting thereof, which are applicable to similar contracts of the awarding authority or authorized agency, hereinafter called the “proper authority”, in the general location where the work is to be performed and which are not contrary to the provisions of §§ 37-13-1 — 37-13-1 4 and § 37-13-16 . Each contractor after the award of a contract for public works shall submit to the proper authority a list of his or her subcontractors of any part or all of the work. The list shall be submitted in such manner or form as the proper authority shall uniformly require from contractors in all public works.

History of Section. P.L. 1936, ch. 2361, § 1; G.L. 1938, ch. 290, §§ 1, 3; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-4 ; P.L. 1965, ch. 77, § 1.

37-13-5. Payment for trucking or materials furnished — Withholding of sums due.

A contractor or subcontractor on public works authorized by a proper authority shall pay any obligation or charge for trucking and material which have been furnished for the use of the contractor or subcontractor, in connection with the public works being performed by him or her, within ninety (90) days after the obligation or charge is incurred or the trucking service has been performed or the material has been delivered to the site of the work, whichever is later. When it is brought to the notice of the proper authority in a city or town, or the proper authority in the state having supervision of the contract, that the obligation or charge has not been paid by the contractor or subcontractor, the proper authority may deduct and hold for a period not exceeding sixty (60) days, from sums of money due to the contractor or subcontractor, the equivalent amount of such sums certified by a trucker or materialman creditor as due him or her, as provided in this section, and which the proper authority determines is reasonable for trucking performed or materials furnished for the public works.

History of Section. P.L. 1936, ch. 2361, §§ 2, 3; G.L. 1938, ch. 290, §§ 2, 3; G.L. 1938, ch. 290, § 4; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-5 ; P.L. 1965, ch. 77, § 1.

37-13-6. Ascertainment of prevailing rate of wages and other payments — Specification of rate in call for bids and in contract.

Before awarding any contract for public works or school transportation services to be done, the proper authority shall ascertain from the director of labor and training the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees only, to lawful welfare, pension, vacation, apprentice training, and educational funds (payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors) in the city, town, village, or other appropriate political subdivision of the state in which the work is to be performed, for each craft, mechanic, teamster, laborer, or type of worker needed to execute the contract for the public works or school transportation services. The proper authority shall, also, specify in the call for bids for the contract and in the contract itself the general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees only, to the welfare, pension, vacation, apprentice training, and education funds existing in the locality for each craft, mechanic, teamster, laborer, or type of worker needed to execute the contract or work.

History of Section. P.L. 1931, ch. 1752, § 2; P.L. 1935, ch. 2201, § 1; G.L. 1938, ch. 290, § 5; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-6 ; P.L. 1965, ch. 77, § 1; P.L. 1974, ch. 237, § 1; P.L. 1997, ch. 326, § 162; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-7. Specification in contract of amount and frequency of payment of wages.

1. Every call for bids for every contract in excess of one thousand dollars ($1,000), to which the state of Rhode Island or any political subdivision thereof or any public agency or quasi-public agency is a party, for the transportation of public and private school pupils pursuant to §§ 16-21-1 and 16-21.1-8 , or for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the state of Rhode Island or any political subdivision thereof, or any public agency or quasi-public agency and that requires or involves the employment of employees, shall contain a provision stating the minimum wages to be paid various types of employees which shall be based upon the wages that will be determined by the director of labor and training to be prevailing for the corresponding types of employees employed on projects of a character similar to the contract work in the city, town, village, or other appropriate political subdivision of the state of Rhode Island in which the work is to be performed. Every contract shall contain a stipulation that the contractor or his or her subcontractor shall pay all the employees employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the call for bids, regardless of any contractual relationships that may be alleged to exist between the contractor or subcontractor and the employees, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of the accrued payments as may be considered necessary to pay to the employees employed by the contractor, or any subcontractor on the work, the difference between the rates of wages required by the contract to be paid the employees on the work and the rates of wages received by the employees and not refunded to the contractor, subcontractors, or their agents.
2. The terms “wages,” “scale of wages,” “wage rates,” “minimum wages,” and “prevailing wages” shall include:
   1. The basic hourly rate of pay; and
   2. The amount of:
      1. The rate of contribution made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and
      2. The rate of costs to the contractor, subcontractor, vendor, or provider that may be reasonably anticipated in providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program that was communicated in writing to the employees affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of the benefits; provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the director of labor and training insofar as this chapter of this title and other acts incorporating this chapter of this title by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in subsection (b)(2), or by the assumption of an enforceable commitment to bear the costs of a plan or program of a type referred to in this subdivision, or any combination thereof, where the aggregate of any payments, contributions, and costs is not less than the rate of pay described in subsection (b)(1) plus the amount referred to in subsection (b)(2).
3. The term “employees,” as used in this section, shall include:
   1. Employees of contractors or subcontractors performing jobs on various types of public works including mechanics, apprentices, teamsters, chauffeurs, and laborers engaged in the transportation of gravel or fill to the site of public works, the removal and/or delivery of gravel or fill or ready-mix concrete, sand, bituminous stone, or asphalt flowable fill from the site of public works, or the transportation or removal of gravel or fill from one location to another on the site of public works, and the employment of the employees shall be subject to the provisions of subsections (a) and (b); and
   2. Persons employed by a provider contracted for the purpose of transporting public and private school pupils pursuant to §§ 16-21-1 and 16-21.1-8 shall be subject to the provisions of subsections (a) and (b) of this section. For the purposes of this subsection the term employee includes school bus drivers, aides, and monitors who are directly providing transportation services; the term employee does not include mechanics, dispatchers, or other personnel employed by the vendor whose duties are normally performed at a fixed location.
4. The terms “public agency” and “quasi-public agency” shall include, but not be limited to: the Rhode Island industrial recreational building authority, the Rhode Island commerce corporation, the Rhode Island airport corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the water resources board corporate, the Rhode Island health and education building corporation, the Rhode Island turnpike and bridge authority, the Narragansett Bay water quality management district commission, the Rhode Island telecommunications authority, the convention center authority, the council on postsecondary education, the council on elementary and secondary education, the capital center commission, the housing resources commission, the Quonset Point-Davisville management corporation, the Rhode Island children’s crusade for higher education, the Rhode Island depositors economic protection corporation, the Rhode Island lottery commission, the Rhode Island partnership for science and technology, the Rhode Island public building authority, and the Rhode Island underground storage tank board.

History of Section. P.L. 1974, ch. 237, § 3; P.L. 1976, ch. 193, § 1; P.L. 1999, ch. 75, § 1; P.L. 2001, ch. 321, § 1; P.L. 2015, ch. 141, art. 7, § 16; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-8. Investigation and determination of prevailing wages — Filing of schedule.

The director of labor and training shall investigate and determine the prevailing wages and payments made to or on behalf of employees, as set forth in § 37-13-7 , paid in the trade or occupation in the city, town, village, or other appropriate political subdivision of the state and keep a schedule on file in his or her office of the customary prevailing rate of wages and payments made to or on behalf of the employees that shall be open to public inspection. In making a determination, the director of labor may adopt and use such appropriate and applicable prevailing wage rate determinations as have been made by the secretary of labor of the United States of America in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. § 276a [40 U.S.C. § 3141 et seq.]; provided, however, that each contractor awarded a public works or school transportation services contract after July 1, 2007, shall contact the department of labor and training on or before July first of each year, for the duration of such contract to ascertain the prevailing wage rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of each mechanic, laborer, or worker employed upon the work contracted to be done each year and shall make any necessary adjustments to such prevailing rate of wages and such payment or contributions paid or payable on behalf of each such employee every July first.

History of Section. P.L. 1974, ch. 237, § 3; P.L. 2007, ch. 521, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-9. Statutory provisions included in contracts.

A copy of §§ 37-13-5 , 37-13-6 , and 37-13-7 shall be inserted in all contracts for public works or school transportation services awarded by the state, any city, town, committee, an authorized agency, or awarding authority thereof, or any person or persons in their behalf in which state or municipal funds are used if the contract price is in excess of one thousand dollars ($1,000).

History of Section. P.L. 1936, ch. 2361, § 4; G.L. 1938, ch. 290, § 4; G.L. 1938, ch. 290, § 7; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-8 ; P.L. 1965, ch. 77, § 1; P.L. 1974, ch. 237, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-10. Overtime compensation.

Labor performed under the provisions of §§ 37-13-1 — 37-13-16 , during the period of forty (40) hours in any one week and during the period of eight (8) hours in any one day, shall be considered a legal week’s work or a legal day’s work, as the case may be, and any number of hours of employment in any one week greater than the number of forty (40) hours or in any one day greater than the number of eight (8) hours shall be compensated at the prevailing rate of wages for overtime employment; provided, however, when the director of labor and training has determined in the investigation provided for in §§ 37-13-7 and 37-13-8 that there is a prevailing practice in a city, town, or other appropriate political subdivision to pay an overtime rate of wages for work of any craft, mechanic, teamster, laborer, or type of worker needed to execute the work other than hours worked in any one week greater than the number of forty (40) or in hours worked in any one day greater than the number of eight (8), then the prevailing practice shall determine the legal workday and the legal workweek in the city or town for the work and the prevailing rate of overtime wages shall be paid for such work in excess of that legal workday or week, as the case may be.

History of Section. G.L. 1938, ch. 290, § 6; P.L. 1946, ch. 1810, § 1; G.L. 1938, ch. 290, § 15; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-9 ; P.L. 1965, ch. 77, § 1; G.L. 1956, § 37-13-10 ; P.L. 1974, ch. 237, § 1.

37-13-11. Posting of prevailing wage rates.

Each contractor or provider awarded a contract for public works or school transportation services with a contract price in excess of one thousand dollars ($1,000), and each subcontractor who performs work on those public works, shall post in conspicuous places on the project, where covered workers are employed, posters that contain the current, prevailing rate of wages and the current, prevailing rate of payments to the funds required to be paid for each craft or type of worker employed to execute the contract as set forth in §§ 37-13-6 and 37-13-7 , and the rights and remedies of any employee described in § 37-13-17 for nonpayment of any wages earned pursuant to this chapter. Posters shall be furnished to contractors and subcontractors by the director of labor and training, who shall determine the size and context thereof from time to time, at the time a contract is awarded. A contractor or subcontractor who fails to comply with the provisions of this section shall be deemed guilty of a misdemeanor and shall pay to the director of labor and training one hundred dollars ($100) for each calendar day of noncompliance as determined by him or her. Contracts set forth in this section shall not be awarded by the state, any city, town, or any agency thereof until the director of labor and training has prepared and delivered the posters to the division of purchases, if the state or any agency thereof is the proper authority, or to the city, town, or an agency thereof, if it is the proper authority, and the contractor to whom the contract is to be awarded.

History of Section. G.L. 1938, ch. 290, §§ 9, 10; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-10 ; P.L. 1965, ch. 77, § 1; G.L. 1956, § 37-13-11 ; P.L. 1974, ch. 237, § 1; P.L. 2005, ch. 402, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-12. Wage records of contractors and vendors.

Each contractor, vendor, or provider awarded a contract with a contract price in excess of one thousand dollars ($1,000) for public works or school transportation services, and each subcontractor who performs work on those public works, shall keep an accurate record showing the name, occupation, and actual wages paid to each worker employed by him or her and the payments to all the employee funds specified in §§ 37-13-6 and 37-13-7 by him or her in connection with the contract or work. The director and his or her authorized representatives shall have the right to enter any place of employment at all reasonable hours for the purpose of inspecting the wage records and seeing that all provisions of this chapter are complied with.

History of Section. G.L. 1938, ch. 290, § 8; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-11 ; P.L. 1965, ch. 77, § 1; G.L. 1956, § 37-13-12 ; P.L. 1974, ch. 237, § 1; P.L. 1996, ch. 141, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-12.1. Obstruction of enforcement.

Any effort of any employer to obstruct the director and his or her authorized representatives in the performance of their duties shall be deemed a violation of this chapter and punishable as such.

History of Section. P.L. 1996, ch. 141, § 2.

37-13-12.2. Subpoena powers.

The director and his or her authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the director.

History of Section. P.L. 1996, ch. 141, § 2.

37-13-12.3. Compelling obedience to subpoenas.

In case of failure of any person to comply with any subpoena lawfully issued, or subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court, or any judge thereof, on application by the director, to compel obedience by proceedings in the nature of those for contempt.

History of Section. P.L. 1996, ch. 141, § 2.

37-13-12.4. Penalty for violations.

Except as otherwise provided in this chapter, any employer who shall violate or fail to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each separate offense, or by imprisonment of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in this chapter shall constitute a separate and distinct violation.

History of Section. P.L. 1996, ch. 141, § 2; P.L. 2006, ch. 359, § 1; P.L. 2006, ch. 503, § 1; P.L. 2014, ch. 413, § 2; P.L. 2014, ch. 449, § 2.

37-13-13. Furnishing payroll record to the awarding authority.

1. Every contractor, subcontractor, vendor, or provider awarded a contract for public works or school transportation services as defined by this chapter shall furnish a certified copy of his, her, or its payroll records of his, her, or its employees employed on the project to the awarding authority on a monthly basis for all work completed in the preceding month on a uniform form prescribed by the director of labor and training. Notwithstanding the foregoing, certified payrolls for department of transportation or other road, highway, or bridge public works may be submitted on the federal payroll form, provided that, when a complaint is being investigated, the director or his or her designee may require that a contractor resubmit the certified payroll on the uniform department form or provide actual payroll records.
2. Awarding authorities, contractors, subcontractors, vendors, and providers shall provide any and all payroll records to the director of labor and training within ten (10) days of their request by the director or his or her designee.
3. In addition, every contractor and subcontractor shall maintain on the site where public works are being constructed and the general or primary contract is one million dollars ($1,000,000) or more, a daily log of employees employed each day on the public works project. The log shall include, at a minimum, for each employee his or her name, primary job title, and employer and shall be kept on a uniform form prescribed by the director of labor and training. The log shall be available for inspection on the site at all times by the awarding authority and/or the director of the department of labor and training and the director’s designee. This subsection shall not apply to road, highway, or bridge public works projects.
4. The director of labor and training may promulgate reasonable rules and regulations to enforce the provisions of this section.
5. The awarding authority of any public works project shall withhold the next scheduled payment to any contractor, subcontractor, vendor, or provider who or that fails to comply with the provisions of subsection (a) or subsection (b) above and shall also notify the director of labor and training. The awarding authority shall withhold any further payments until such time as the contractor, subcontractor, or provider has fully complied. If it is a subcontractor who or that has failed to comply, the amount withheld shall be proportionate to the amount attributed or due to the offending subcontractor as determined by the awarding authority. The department may also impose a penalty of up to five hundred dollars ($500) for each calendar day of noncompliance with this section, as determined by the director of labor and training. Mere errors and/or omissions in the daily logs maintained under subsection (c) shall not be grounds for imposing a penalty under this subsection.

History of Section. G.L. 1938, ch. 290, §§ 11, 12; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-12 ; P.L. 1965, ch. 77, § 1; G.L. 1956, § 37-13-13 ; P.L. 1974, ch. 237, § 1; P.L. 1987, ch. 610, § 1; P.L. 1995, ch. 370, art. 40, § 113; P.L. 2009, ch. 47, § 1; P.L. 2009, ch. 76, § 1; P.L. 2011, ch. 332, § 1; P.L. 2011, ch. 396, § 1; P.L. 2021, ch. 188, § 1, effective July 8, 2021; P.L. 2021, ch. 189, § 1, effective July 8, 2021; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-13.1. Audits of wage records of out-of-state contractors, subcontractors, and providers.

Out-of state contractors, subcontractors, vendors, or providers who perform work on public works or provide school transportation services, in this state authorize the director of labor and training to conduct wage and hour audits of their payroll records pursuant to the provisions of chapter 14 of title 28.

History of Section. P.L. 1991, ch. 130, § 1; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-14. Contractor’s bond.

The state or any city, town, agency, or committee therein awarding contracts for public works shall require the contractor awarded a contract with a contract price in excess of fifty thousand dollars ($50,000) for public works to file with the proper authority good and sufficient bond with surety furnished by any surety company authorized to do business in the state, conditioned upon the faithful performance of the contract and upon the payment for labor performed and material furnished in connection therewith, a bond to contain the terms and conditions set forth in chapter 12 of this title, and to be subject to the provisions of that chapter. Waiver of the bonding requirements of this section is expressly prohibited.

History of Section. G.L. 1938, ch. 290, § 13; P.L. 1955, ch. 3580, § 1; G.L. 1956, § 37-13-13 ; P.L. 1965, ch. 77, § 1; G.L. 1956, § 37-13-14 ; P.L. 1974, ch. 237, § 1; P.L. 1988, ch. 449, § 16; P.L. 1994, ch. 384, § 1; P.L. 1999, ch. 367, § 3; P.L. 2009, ch. 354, § 3.

37-13-14.1. Enforcement — Hearings.

1. Before issuing an order or determination, the director of labor and training shall order a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon investigation, which notice shall be served personally or by mail on any person, firm, or corporation affected thereby. The person, firm, or corporation shall have an opportunity to be heard in respect to the matters complained of at the time and place specified in the notice, which time shall be not less than five (5) days from the service of the notice personally or by mail. The hearing shall be held within ten (10) days from the order of hearing. The hearing shall be conducted by the director of labor and training or his or her designee. The hearing officer in the hearing shall be deemed to be acting in a judicial capacity and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by Rhode Island civil practice law and rules. The hearing shall be expeditiously conducted, and upon such hearing, the hearing officer shall determine the issues raised thereon and shall make a determination and enter an order within ten (10) days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail. The order shall dismiss the charges or direct payment of wages or supplements found to be due, including interest at the rate of twelve percentum (12%) per annum from the date of the underpayment to the date of payment, and may direct payment of reasonable attorney’s fees and costs to the complaining party.
2. In addition to directing payment of wages or supplements including interest found to be due, the order shall also require payment of a further sum as a civil penalty in an amount up to three times the total amount found to be due. Further, if the amount of salary owed to an employee pursuant to this chapter but not paid to the employee in violation of thereof exceeds five thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office of the attorney general. The misdemeanor shall be punishable for a period of not more than one year in prison and/or fined not more than one thousand dollars ($1,000). In assessing the amount of the penalty, due consideration shall be given to the size of the employer’s business, the good faith of the employer, the gravity of the violation, the history of previous violations, and the failure to comply with recordkeeping or other nonwage requirements. The surety of the person, firm, or corporation found to be in violation of the provisions of this chapter shall be bound to pay any penalties assessed on such person, firm, or corporation. The penalty shall be paid to the department of labor and training for deposit in the state treasury; provided, however, it is hereby provided that the general treasurer shall establish a dedicated “prevailing wages enforcement fund” for the purpose of depositing the penalties paid as provided herein. There is hereby appropriated to the annual budget of the department of labor and training the amount of the fund collected annually under this section, to be used at the direction of the director of labor and training for the sole purpose of enforcing prevailing wage rates as provided in this chapter.
3. For the purposes of this chapter, each day or part thereof of violation of any provision of this chapter by a person, firm, or corporation, whether the violation is continuous or intermittent, shall constitute a separate and succeeding violation.
4. In addition to the above, any person, firm, or corporation found in violation of any of the provisions of this chapter by the director of labor and training, an awarding authority, or the hearing officer, shall be ineligible to bid on, or be awarded work by, an awarding authority or perform any such work for a period of no less than eighteen (18) months and no more than thirty-six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or corporation is found to be in violation of this chapter, all pending bids with any awarding authority shall be revoked, and any bid awarded by an awarding authority prior to the commencement of the work shall also be revoked.
5. In addition to the above, any person, firm, or corporation found to have committed two (2) or more willful violations in any period of eighteen (18) months of any of the provisions of this chapter by the hearing officer, which violations are not arising from the same incident, shall be ineligible to bid on, or be awarded work by, an awarding authority or perform any work for a period of sixty (60) months from the date of the second violation.
6. The order of the hearing officer shall remain in full force and effect unless stayed by order of the superior court.
7. The director of labor and training, awarding authority, or hearing officer shall notify the bonding company of any person, firm, or corporation suspected of violating any section of this chapter. The notice shall be mailed certified mail and shall enumerate the alleged violations being investigated.
8. In addition to the above, any person, firm, or corporation found to have willfully made a false or fraudulent representation on certified payroll records shall be referred to the office of the attorney general. A first violation of this section shall be considered a misdemeanor and shall be punishable for a period of not more than one year in prison and/or fined one thousand dollars ($1,000). A second or subsequent violation of this section shall be considered a felony and shall be punishable for a period of not more than three (3) years imprisonment, a fine of three thousand dollars ($3,000), or both. Further, any person, firm, or corporation found to have willfully made a false or fraudulent representation on certified payroll records shall be required to pay a civil penalty to the department of labor and training in an amount of no less than two thousand dollars ($2,000) and not greater than fifteen thousand dollars ($15,000) per representation.

History of Section. P.L. 1991, ch. 130, § 1; P.L. 1996, ch. 141, § 1; P.L. 2006, ch. 359, § 1; P.L. 2006, ch. 503, § 1; P.L. 2014, ch. 413, § 2; P.L. 2014, ch. 449, § 2.

37-13-15. Review.

1. There is hereby created an appeals board which shall be comprised of three (3) members who shall be appointed by the governor; provided, however, that each member of the appeals board shall have at least five (5) years experience with prevailing wage rates as they apply to the construction industry. The members of the appeals board shall serve without compensation. The members of the appeals board shall be appointed for terms of three (3) years except that of the three (3) members originally appointed by each of the appointing authorities: one shall be appointed for a term of one year, one shall be appointed for a term of two (2) years, and one for a term of three (3) years.
2. Any person aggrieved by any action taken by the director of labor and training or his or her designated hearing officer under the authority of this chapter, or by the failure or refusal of the director of labor and training to take any action authorized by this chapter, may obtain a review thereof for the purpose of obtaining relief from the action or lack of action by filing a petition for administrative review and relief, to the appeals board as provided herein. The petition for administrative review shall be filed within twenty (20) days of the action taken by the director of labor and training or designated hearing officer. The petition for administrative review shall be heard within ten (10) days of the date of filing. An aggrieved person under this section shall include:
   1. Any person who is required to pay wages to his or her employees or make payments to a fund on behalf of his or her employees, as provided in this chapter;
   2. Any person who is required to be paid wages for his or her labor or on whose behalf payments are required to be paid to funds, as provided by this chapter;
   3. The lawful collective bargaining representative of a person defined in subdivision (2) above;
   4. A trade association of which a person defined in subdivision (1) above is a member;
   5. A proper authority as defined in this chapter;
   6. A contractor who submitted a bid for work to be or which has been awarded under the provisions of this chapter or a trade association of which he or she is a member; and
   7. A labor organization which has one or more written collective bargaining agreements with one or more employers or a trade association which sets forth the hours, wages, and working conditions of a craft, mechanic, teamster, or type of worker needed to execute the work, as provided in this chapter to the extent that it would be affected by the action or the failure to act of the director of labor and training or the hearing officer.
3. Any aggrieved person as defined herein may obtain a review of a decision of the appeals board by filing a petition in the superior court in Providence county pursuant to the provisions of the administrative procedures act, praying for review and relief. The petition shall follow the course of and be subject to the procedures for causes filed in the court.
4. The director is hereby empowered to enforce his or her decision and/or the decision of the appeals board in the superior court for the county of Providence.

History of Section. P.L. 1965, ch. 77, § 1; P.L. 1987, ch. 525, § 1; P.L. 1991, ch. 130, § 2; P.L. 1996, ch. 141, § 1.

37-13-16. Termination of work on failure to pay agreed wages — Completion of work.

1. Every public works contract within the scope of this chapter shall contain the further provision that in the event it is found by the director of labor and training that any employee employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the awarding party may, by written notice to the contractor or subcontractor, terminate his or her right as the case may be, to proceed with the work, or the part of the work as to which there has been a failure to pay the required wages, and shall prosecute the work to completion by contract or otherwise, and the contractor and his or her sureties shall be liable to the awarding party for any excess costs occasioned the awarding authority thereby.
2. Every school transportation service contract within the scope of this chapter shall contain the further provision that in the event it is found by the director of labor and training that any employee employed by the provider to provide services within the area covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the awarding party may, by written notice to the vendor, terminate the vendor’s right as the case may be, to proceed with the contract.

History of Section. P.L. 1974, ch. 237, § 3; P.L. 1981, ch. 166, § 1; P.L. 1991, ch. 130, § 2; P.L. 2021, ch. 292, § 3, effective July 9, 2021; P.L. 2021, ch. 293, § 3, effective July 9, 2021.

37-13-17. Private right of action to collect wages or benefits.

1. An employee or former employee, or any organization representing such an employee or former employee, of a contractor or subcontractor may bring a civil action for a violation of § 37-13-7 for appropriate injunctive relief, or actual damages, or both within three (3) years after the occurrence of the alleged violation. An action commenced pursuant to this section, may be brought in the superior court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom in the civil complaint is filed resides or has their principal place of business. Any contractor or subcontractor who violates the provisions of § 37-13-7 shall be liable to the affected employee or employees in the amount of unpaid wages or benefits, plus interest. A civil action filed in court under this section may be instituted instead of, but not in addition to the director of labor and training enforcement procedures authorized by § 37-13-14.1 , provided the civil action is filed prior to the date the director of labor and training issues notice of an administrative hearing.
2. An employer’s responsibility and liability is solely for its own employees.
3. An action instituted pursuant to this section may be brought by one or more employees or former employees on behalf of himself/herself or themselves and other employees similarly situated, except that no employee shall be a party plaintiff to any such action unless he/she gives his/her consent in writing to become such a party and such consent is filed in the court in which such action is brought.
4. In an action filed under this section in which the plaintiff prevails, the court shall, in addition to any judgment awarded to the plaintiff, require reasonable attorneys’ fees and the costs of the action to be paid by the defendant.
5. The court in an action filed under this section shall award affected employees or former employees liquidated damages in an amount equal to two (2) times the amount of unpaid wages or benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any form shall be paid to the appropriate benefit fund, however, in the absence of an appropriate fund the benefit shall be paid directly to the individual.
6. The filing of a civil action under this section shall not preclude the director of labor and training from referring a matter to the attorney general as provided in § 37-13-14.1(b) , from prohibiting a contractor or subcontractor from bidding on or otherwise participating in contracts as provided in § 37-13-14.1(d) , (e) and (h), or from prohibiting termination of work on failure to pay agreed wages pursuant to § 37-13-16 .
7. Any person, firm, or corporation found to have willfully made a false or fraudulent representation in connection with wage obligations owed on a contract shall be required to pay a civil penalty to the department of labor and training in an amount of no less than one thousand dollars ($1,000) and not greater than three thousand dollars ($3,000) per representation. Such penalties shall be recoverable in civil actions filed pursuant to this section. For purposes of this subsection “willfully” shall mean representations that are known to be false, or representations made with deliberate ignorance or reckless disregard for their truth or falsity.
8. An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations or privileges of employment because the employee or former employee, or a person or organization acting on his or her behalf:
   1. Reports or makes a complaint under this section; or otherwise asserts his or her rights under this section; and/or
   2. Participates in any investigation, hearing or inquiry held by the director of labor and training under § 37-13-14.1 . In the event a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction and the court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to the date of the violation, and an additional amount in liquidated damages equal to two (2) times the amount of back pay and reasonable attorneys’ fees and costs.
9. If any one or more subsections of this section shall for any reason be adjudged unconstitutional or otherwise invalid, the judgment shall not affect, impair, or invalidate the remaining subsections.

History of Section. P.L. 2004, ch. 597, § 1.

37-13.1-1. Suits allowed — Jurisdiction — Statute of limitations — Procedure.

1. Any person, firm, or corporation which is awarded a contract subsequent to July 1, 1977, with the state of Rhode Island, acting through any of its departments, commissions, or other agencies, for the design, construction, repair, or alteration of any state highway, bridge, or public works other than those contracts which are covered by the public works arbitration act may, in the event of any disputed claims under the contract, bring an action against the state of Rhode Island in the superior court for Providence county for the purpose of having the claims determined, provided notice of the general nature of the claims shall have been given in writing to the department administering the contract in accordance with the contract specifications set forth for the specific contract. No action shall be brought under this section later than one year from the date of the acceptance of the work by the agency head as so evidenced; provided, however, that no action shall be brought under this section on any contract awarded prior to July 1, 1977. Acceptance of an amount offered as final payment shall preclude any person, firm, or corporation from bringing a claim under this section. The action shall be tried to the court without a jury. All legal defenses except governmental immunity shall be reserved to the state. Any action brought under this section shall be privileged in respect to assignment for trial upon motion of either party.
2. Any party bringing an action under this section shall be entitled to an award of prejudgment interest beginning with the filing date of such court action. Said interest shall be computed daily to the date of payment and shall be compounded annually. Interest shall be calculated as follows:
   1. Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period at an annual rate equal to the weekly average one year constant maturity treasury yield, as published by the board of governors of the federal reserve system, for the calendar week preceding the filing date of the court action under this section.
   2. Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with subdivision (1) of this section and interest for each additional year shall be calculated on the combined amount of the principal and accrued interest at an annual rate equal to the weekly average one year constant maturity treasury yield, as published by the board of governors of the federal reserve system, for the calendar week preceding the beginning of each additional year.

      In the event the one year constant maturity treasury yield is converted to a different standard reference base or otherwise revised, the determination of interest shall be made with the use of such converted or revised standard reference base. In the event the board of governors of the federal reserve system ceases to publish a converted or revised rate, interest shall be calculated at a rate published by the United States Treasury Department, or other comparable entity, that establishes a rate reflecting or best approximating the market conditions for one year investments at the time of the taking and each additional year that interest is owed pursuant to subdivision (2) above.

      Any action brought under this section shall, upon motion of either party, be given priority for expedited hearing.

History of Section. P.L. 1978, ch. 147, § 1; P.L. 2006, ch. 312, § 1; P.L. 2006, ch. 449, § 1.

37-13.1-2. Actions by contractor on behalf of subcontractor.

1. Any person, firm or corporation awarded the contract, subsequent to July 1, 2006, with the state of Rhode Island, acting through any of its departments, commissions or other agencies, for the design, construction, repair or alteration of any state highway or bridge, may, on behalf of a subcontractor of any tier under the contractor, bring an action against the state of Rhode Island regarding a claim arising out of or relating to labor, materials, or services provided by the subcontractor to the contractor pursuant to a contract between the subcontractor and the contractor for the same project that is the subject of the contract between the contractor and the state of Rhode Island.
2. In any action brought by a contractor against the state of Rhode Island under subsection (a) of this section, so long as the contractor retains liability to the subcontractor related to the subject matter of the claim, it shall not be a defense that: (i) the costs and damages at issue were incurred by a subcontractor and that subcontractor has not been paid for these costs and damages; or (ii) the contractor’s obligation to pay costs and damages to the subcontractor is conditional upon a recovery against the state of Rhode Island; or (iii) the contractor has not acknowledged or admitted the contractor’s liability to the subcontractor.
3. In any action brought by a contractor against the state of Rhode Island under subsection (a) of this section, the action is subject to all legal and equitable defenses of the state of Rhode Island against the contractor.
4. This section applies to all such actions brought in Superior Court under § 37-13.1-1 and to claims arbitrated pursuant to § 37-16-1 , et seq.

History of Section. P.L. 2006, ch. 323, § 1; P.L. 2006, ch. 468, § 1.

37-14-1 — 37-14-25. Repealed.

History of Section. P.L. 1958, ch. 163, §§ 1-17, 19, 20, 22; P.L. 1963, ch. 141, § 1; P.L. 1973, ch. 77, §§ 1-8; P.L. 1978, ch. 254, §§ 1-11; P.L. 1979, ch. 360, § 1; P.L. 1980, ch. 362, § 1; P.L. 1988, ch. 332, § 1; P.L. 1989, ch. 116, § 1; P.L. 1989, ch. 326, § 1; P.L. 1990, ch. 65, art. 85, § 1; P.L. 1990, ch. 215, § 1; P.L. 1990, ch. 293, § 2; P.L. 1992, ch. 372, § 1; P.L. 1994, ch. 121, § 1; P.L. 1996, ch. 100, art. 15, § 1; Repealed by P.L. 1997, ch. 30, art. 2, § 3, effective July 1, 1997. For present comparable provisions, see § 35-8.1-8.1 et seq.

37-14.1-1. Purpose.

The purpose of this chapter is to carry out the state’s policy of supporting the fullest possible participation of firms owned and controlled by minorities and women (MBE’s) in state funded and state directed public construction programs and projects and in state purchases of goods and services. This includes assisting MBE’s throughout the life of contracts in which they participate.

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1987, ch. 523, § 1.

37-14.1-2. Applicability.

This chapter shall apply to any and all state purchasing, including, but not limited to, the procurement of goods, services, construction projects, or contracts funded in whole or in part by state funds, or funds which, in accordance with a federal grant or otherwise, the state expends or administers or in which the state is a signatory to the construction contract.

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1987, ch. 523, § 1.

37-14.1-3. Definitions.

1. “Affirmative action” means taking specific steps to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority business enterprises fully in contracts and programs funded by the state.
2. “Compliance” means the condition existing when a contractor has met and implemented the requirements of this chapter.
3. “Contract” means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. For purposes of this chapter, a lease is a contract.
4. “Contractor” means one who participates, through a contract or subcontract, in any procurement or program covered by this chapter and includes lessees and material suppliers.
5. “Minority” means a person who is a citizen or lawful permanent resident of the United States and who is:
   1. Black (a person having origins in any of the black racial groups of Africa);
   2. Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
   3. Portuguese (a person of Portuguese, Brazilian, or other Portuguese culture or origin, regardless of race);
   4. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands);
   5. American Indian and Alaskan Native (a person having origins in any of the original peoples of North America); or
   6. Members of other groups or other individuals found to be economically and socially disadvantaged by the Small Business Administration under § 8(a) of the Small Business Act, as amended, 15 U.S.C. § 637(a).
6. “Minority business enterprise” or “MBE” means a small business concern, as defined pursuant to § 3 of the federal Small Business Act, 15 U.S.C. § 632, and implementing regulations, which is owned and controlled by one or more minorities or women. For the purposes of this chapter, owned and controlled means a business:
   1. Which is at least fifty-one percent (51%) owned by one or more minorities or women or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more minorities or women; and
   2. Whose management and daily business operations are controlled by one or more such individuals.
7. “MBE coordinator” means the official designated to have overall responsibility for promotion of minority business enterprise in his or her departmental element.
8. “Noncompliance” means the condition existing when a recipient or contractor has failed to implement the requirements of this chapter.

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1987, ch. 523, § 1.

37-14.1-4. Policy.

It is the policy of the state of Rhode Island that minority business enterprises (MBE’s) shall have the maximum opportunity to participate in the performance of procurements and projects outlined in § 37-14.1-2 .

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1987, ch. 523, § 1.

37-14.1-5. Discrimination prohibited.

No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of any project covered by this chapter on the grounds of race, color, national origin, or sex.

History of Section. P.L. 1986, ch. 493, § 1.

37-14.1-6. Minority business enterprise participation.

1. Minority business enterprises shall be included in all procurements and construction projects under this chapter and shall be awarded a minimum of ten percent (10%) of the dollar value of the entire procurement or project. The director of the department of administration is further authorized to establish by rules and regulation the certification process and formulas for giving minority business enterprises a preference in contract and subcontract awards.
2. Any minority business enterprise currently certified by the U.S. Small Business Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by the department of administration as a minority business enterprise and shall only be required to submit evidence of federal certification of good standing.
3. The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited to, during a declared state of emergency.

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1987, ch. 523, § 1; P.L. 2019, ch. 37, § 1; P.L. 2019, ch. 57, § 1; P.L. 2021, ch. 336, § 1, effective July 15, 2021.

37-14.1-7. Establishment of criteria and guidelines.

The director of the department of administration shall establish, by rule and regulations adopted in accordance with chapter 35 of title 42, standards which shall determine whether a construction project is covered by this chapter, compliance formulas, procedures for implementation, and procedures for enforcement which are not inconsistent with 49 CFR 23 of the federal regulations. As to Rhode Island department of transportation contracts, the director of administration may delegate this authority to the director of transportation.

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1988, ch. 550, § 1.

37-14.1-8. Sanctions.

1. The director of the department of administration shall have the power to impose sanctions upon contractors not in compliance with this chapter and shall include but not be limited to:
   1. Suspension of payments;
   2. Termination of the contract;
   3. Recovery by the state of ten percent (10%) of the contract award price as liquidated damages; and
   4. Denial of right to participate in future projects for up to three (3) years.
2. As to Rhode Island department of transportation contracts, the director of the department of administration may delegate this authority to the director of transportation.

History of Section. P.L. 1986, ch. 493, § 1; P.L. 1988, ch. 551, § 1.

37-14.2-1. Short title.

This chapter shall be known and may be cited as “The Micro Businesses Act.”

History of Section. P.L. 2016, ch. 500, § 2.

37-14.2-2. Purpose.

The purpose of this chapter is to carry out the state’s policy of supporting the fullest possible participation of micro businesses in the economic activity in the state of Rhode Island, including, but not limited to, state-directed public construction programs and projects and in-state purchases of goods and services. The purpose of this chapter includes assisting micro businesses throughout the life of any contracts with the state of Rhode Island or its agencies.

History of Section. P.L. 2016, ch. 500, § 2.

37-14.2-3. Definitions.

As used in this chapter, the following words and terms shall have the following meanings unless the context shall clearly indicate another or different meaning or intent:

1. “Contract” means a mutually binding legal relationship, or any modification thereof, obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. As used in this chapter, a lease is a contract.
2. “Contractor” means one who participates, through a contract or subcontract, in any procurement or program covered by this chapter and includes lessees and material suppliers.
3. “Micro business” means a Rhode Island-based business entity, regardless of whether it is in the form of a corporation, limited liability company, limited partnership, general partnership, or sole proprietorship, that has a total of ten (10) or fewer members, owners, and employees and has gross sales totaling five hundred thousand dollars ($500,000) or less.
4. “MB coordinator” means the official designated to have overall responsibility for promoting, coordinating, documenting, and implementing efforts related to micro businesses.
5. “Registered” means those micro businesses that have provided their business name, address, owner-contact information, number of employees, and annual gross sales to the department of administration.

History of Section. P.L. 2016, ch. 500, § 2.

37-14.2-4. Compilation and reporting of data on micro businesses.

1. The department of administration shall compile and maintain data on the existence of registered micro businesses to facilitate the achievement of the purpose of this chapter. Within sixty (60) days of the effective date of this statute [July 20, 2016], the department of administration shall submit a report to the governor and general assembly that describes the methodology being used to compile such data and to report annual utilization of registered, micro businesses in state-directed public construction programs and projects and in-state purchases of goods and services. The report shall be made public contemporaneously with its submission to the governor and general assembly.
2. The department of administration shall maintain a micro business registration database that shall include the business name, address, owner-contact information, number of employees, and annual gross sales. Such registration of micro businesses with the department of administration shall be on a voluntary basis, and does not supersede any mandated, business-registration requirements with the secretary of state or other general offices, as well as with any city or town as applicable.
3. On or before January 1, 2017, and on or before the first day of January in all years thereafter, the department of administration shall submit a report to the governor and general assembly consisting of data concerning the registration of micro businesses in the state. The data shall include, but not be limited to: the number of registered micro businesses; the distribution of registered, micro businesses among the thirty-nine (39) cities or towns in the state; the number of registered, micro businesses that are also Rhode Island-certified minority business enterprises; and the number of registered, micro businesses that are also Rhode Island-certified women business enterprises.
4. At the request of the director of the department of administration, the secretary of state, or all other general officers of the state, all agencies of the state and all cities and towns shall make reasonable modifications to their record keeping procedures to facilitate the compilation of data concerning the existence of micro businesses in Rhode Island.

History of Section. P.L. 2016, ch. 500, § 2.

37-14.3-1. Purpose.

The purposes of this chapter are to honor veterans of the United States armed services for their service and to assist them by increasing opportunities for veteran-owned small businesses to participate in state agency contracts and subcontracts, and to carry out the state’s policy of supporting the fullest possible participation of firms owned and controlled by certified veterans in state-funded and state-directed public works projects and in-state purchases of goods and services. This includes assisting such businesses throughout the life of contracts in which they participate.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-14.3-2. Applicability.

This chapter shall apply to any and all state procurements, including, but not limited to, the procurement of goods, services, public works projects, or contracts funded in whole or in part by state funds, or funds which, in accordance with a federal grant or otherwise, the state expends or administers or in which the state is a signatory to the construction contract.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-14.3-3. Definitions.

As used in this chapter, the following words shall have the following meanings:

1. “Compliance” means the condition existing when a contractor has met and implemented the requirements of this chapter.
2. “Contract” means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. For purposes of this chapter, a lease is a contract.
3. “Contractor” means one who participates, through a contract or subcontract, in any procurement or program covered by this chapter and includes lessees and material suppliers.
4. “Economically disadvantaged” means that the veteran’s personal net worth is not in excess of the economic disadvantaged criteria as established in 49 C.F.R. part 26.
5. “Noncompliance” means the condition existing when a recipient or contractor has failed to implement the requirements of this chapter.
6. “Small business concern” means a concern, including its affiliates, that is independently owned and operated; not dominant in the field of operations in which it is bidding on state government contracts; and qualified as a small business under the criteria and size standards in 13 C.F.R. part 121.
7. “Veteran” means a person who served on active duty with the U.S. Army, Air Force, Navy, Marine Corps, or Coast Guard, for a minimum of one hundred eighty (180) days and who was discharged or released under conditions other than dishonorable. Reservists or members of the National Guard called to federal active duty (for other than training) or disabled from a disease or injury incurred or aggravated in the line of duty or while in training status also qualify as a veteran pursuant to 38 C.F.R. part 74.
8. “Veteran-owned small business enterprise” means a small business concern, not less than fifty-one percent (51%) of which is owned and controlled by one or more economically disadvantaged veterans, and may include a business owned by a surviving spouse or permanent caregiver of a veteran as provided by 38 C.F.R. part 74.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-14.3-4. Veteran-owned small business enterprise participation.

1. The state’s annual goal for veteran-owned small business enterprises to participate in state procurements shall be no less than three percent (3%) of the total value of all contracts available to businesses in each fiscal year. The director of the department of administration is authorized and directed to establish by rules and regulations formulas for giving veteran-owned small business enterprises a preference in all procurements and public works projects and in contract and subcontract awards.
2. The director of the department of administration is further authorized to establish, by rules and regulations adopted in accordance with chapter 35 of title 42, compliance formulas, procedures for implementation, and procedures for enforcement.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-14.3-5. Establishment of criteria, guidelines and certification.

The director of the department of administration shall, in consultation with the office of veterans services, establish, by rules and regulations adopted in accordance with chapter 35 of title 42, criteria to certify veteran-owned small business enterprises and maintain and update publicly accessible lists of veteran-owned small business enterprises that are certified by the department.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-14.3-6. Sanctions.

1. The director of the department of administration shall have the power to impose sanctions upon contractors not in compliance with this chapter and shall include, but not be limited to:
   1. Suspension of payments;
   2. Termination of the contract;
   3. Recovery by the state of ten percent (10%) of the contract award price as liquidated damages; and
   4. Denial of right to participate in future projects for up to three (3) years.
2. As to Rhode Island department of transportation contracts, the director of the department of administration may delegate this authority to the director of the department of transportation.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-14.3-7. Reporting.

By August 1, 2018, and each August 1 thereafter, the department of administration shall submit an annual report to the governor, speaker of the house, senate president, and director of the office of veterans services for the period from July 1 to June 30 on the actual utilization of veteran-owned small business enterprises as contractors, subcontractors, suppliers, and professional service providers for the state. The annual report shall include a list of all veteran-owned small businesses that participated as contractors, subcontractors, suppliers, and professional service providers for the state during the previous fiscal year.

History of Section. P.L. 2017, ch. 116, § 1; P.L. 2017, ch. 136, § 1.

37-15-1. Statement of policy.

Recognizing the ever increasing mobility of the people of Rhode Island as well as the fundamental need for a healthful, clean, and beautiful environment; and further recognizing that the proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard; and further recognizing the need to conserve energy and natural resources; and further recognizing that there is an imperative need to anticipate, plan for, and accomplish effective litter control and recover and recycle waste materials pertinent to litter with the subsequent conservation of resources and energy, there is hereby enacted this “litter control and recycling” chapter.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-2. Declaration of purpose.

1. The purpose of this chapter is to accomplish litter control and establish community recycling programs throughout this state by delegating to the department of environmental management the authority to:
   1. Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;
   2. Recover and recycle waste materials related to litter and littering;
   3. Encourage private recycling; and
   4. Increase public awareness of the need for recycling and litter control.
2. It is further the intent and purpose of this chapter to create jobs for employment in litter cleanup and related activities and to encourage small, private recycling centers.
3. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable.
4. Every department of state government and all local governmental units and agencies of this state shall cooperate with the department of environmental management in the administration and enforcement of this chapter.
5. The intent of this chapter is to add to and coordinate existing recycling and litter control and removal efforts and not terminate or supplant those efforts.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-3. Definitions.

As used in this chapter the following terms shall, where the context permits, be construed as follows:

1. “Community recycling center” means a central collection point in a community for recyclable materials, or a point where the materials are taken after being collected to be processed.
2. “Department” means the department of environmental management.
3. “Director” means the director of the department of environmental management.
4. “Litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state, unless the person has:
   1. Been directed to do so by a public official as part of a litter collection drive;
   2. Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements; or
   3. Been issued a license or permit covering the material pursuant to chapters 18.9 and 19.1 of title 23.
5. “Litter bag” means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside a vehicle or watercraft.
6. “Litter receptacle” means those containers adopted by the department of environmental management and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti litter symbol, as well as any other receptacles suitable for the depositing of litter.
7. “Person” means any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever.
8. “Program” means those activities of the department to encourage, manage, and fund litter control and recycling pursuant to this chapter.
9. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
10. “Recycling” means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-4. [Obsolete.]

37-15-5. Enforcement.

1. State police officers, local police officers, forest rangers, park police officers, conservation officers, all other state and local enforcement officers, and department staff members as designated by the director are hereby authorized to enforce the provisions of this chapter.
2. 1. All violations of this chapter shall be heard by the traffic tribunal in accordance with § 8-8.2-2 .
   2. Subsection (b)(1) shall not be construed to limit the jurisdiction of any court to hear violations of other laws, including local ordinances and regulations relating to litter.
3. Cities and towns may, through their chief executive officers, authorize designated municipal employees in addition to those described in subsection (a) to enforce the provisions of this chapter. The employees may also be authorized to enforce local ordinances and regulations relating to litter.

History of Section. P.L. 1984, ch. 251, § 2; P.L. 1987, ch. 220, § 1; P.L. 1991, ch. 162, § 1.

37-15-6. Littering prohibited.

No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or in the waters of this state or upon private property in this state owned by him or her except:

1. When the property is designated by the state or by any of its agencies or political subdivisions for the disposal of solid waste or litter, and the person is authorized to use the property for that purpose; or
2. Into a litter receptacle in a manner that the litter will be prevented from being carried away by the elements.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-7. Penalties.

1. Any person convicted of a first violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than eighty-five dollars ($85.00), nor more than one thousand dollars ($1,000). In addition to, or in lieu of, the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than two (2), nor more than twenty-five (25), hours.
2. Any person convicted of a second or subsequent violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000). In addition to, or in lieu of, the fine imposed upon a second or subsequent violation of this chapter, the person so convicted may be ordered to pick up litter for not less than four (4), nor more than fifty (50), hours.
3. Jurisdiction to punish violators of the provisions of this chapter is conferred on the traffic tribunal.
4. Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal of all litter or ordered to pay restitution for the cost of removal of all litter illegally disposed of by that person. The traffic tribunal may hold the registration of any vehicle owned by the violator and used in the act of littering until the aforementioned liability is satisfied.
5. The funds received by a state law enforcement agency shall be deposited as general revenues; provided, however, that thirty percent (30%) of any fine collected pursuant to a complaint filed by a local law enforcement agency shall inure to the benefit of that agency, with remittances to be made not less often than once every three (3) months.
6. Penalties of eighty-five dollars ($85.00) for violations of this section may be disposed of without the necessity of personally appearing before the traffic tribunal. Said penalty may be handled administratively by mailing a check or money order, together with the properly executed form provided, to the appropriate address as set forth in the summons issued by the enforcing agent.

History of Section. P.L. 1984, ch. 251, § 2; P.L. 1985, ch. 150, § 43; P.L. 1985, ch. 155, § 1; P.L. 1988, ch. 317, § 1; P.L. 1989, ch. 70, § 1; P.L. 1990, ch. 433, § 1; P.L. 1995, ch. 370, art. 40, § 114; P.L. 1997, ch. 72, § 1; P.L. 2002, ch. 58, § 12; P.L. 2002, ch. 292, § 128; P.L. 2008, ch. 100, art. 12, § 17; P.L. 2014, ch. 368, § 1; P.L. 2014, ch. 380, § 1; P.L. 2014, ch. 430, § 1; P.L. 2014, ch. 453, § 1.

37-15-7.1. Penalties — Used tires.

1. No person shall deposit, discard, or otherwise dispose of used tires in violation of § 37-15-6 . Any person convicted of a first violation of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), be ordered to pick up tires so disposed in the community for not less than eight (8) nor more than thirty-two (32) hours, be imprisoned for a period not to exceed ten (10) days or by any combination of fine, community pick-up, and/or imprisonment.
2. Any person convicted of a second violation of this section shall be subject to a fine not less than three hundred dollars ($300) nor more than five hundred dollars ($500), be ordered to pick up tires so disposed in the community for not less than sixteen (16), nor more than forty (40) hours, and/or be imprisoned for a period of not to exceed thirty (30) days, or by any combination of fine, community pick-up, and/or imprisonment.
3. Any person convicted of a third or subsequent violation of this section shall be subject to a fine not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), be ordered to pick up tires so disposed in the community for not less than twenty-four (24), nor more than eighty (80) hours, and/or be imprisoned for a period not to exceed sixty (60) days, or by any combination of fine, community pick-up, and/or imprisonment.
4. Jurisdiction to punish violators of the provisions of this chapter is conferred on the traffic tribunal.
5. Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal or cost of removal of all litter illegally disposed of by that person. The traffic tribunal court may hold the registration of any vehicle owned by the violator and used in the act of littering until the aforementioned liability is satisfied.’

History of Section. P.L. 1993, ch. 222, § 1.

37-15-8. Notice.

Pertinent portions of this chapter shall be posted along the public highways of this state and in all campgrounds and trailer parks, at all entrances to state parks, forest lands, and recreational areas, at all public beaches, and at other public places in this state where persons are likely to be informed of the existence and content of this chapter and the penalties for violating its provisions.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-9. Litter receptacles.

1. The department shall design and the director shall adopt by rule or regulation one or more types of state litter receptacles which are reasonably uniform as to size, shape, capacity, and color, for wide and extensive distribution throughout the public places of this state. Each litter receptacle shall bear an anti litter symbol as designed and adopted by the department. In addition, all litter receptacles shall be designed to attract attention and to encourage the depositing of litter.
2. Litter receptacles of the uniform design shall be placed along the public highways of this state and at all parks, campgrounds, trailer parks, drive-in restaurants, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, liquor store parking lots, parking lots of major industrial firms, marinas, boat launching areas, boat moorage and fueling stations, public and private piers, beaches and bathing areas, and at such other public places within this state as specified by rule or regulation of the director. The number of receptacles required to be placed as specified herein shall be determined as prescribed by the director.
3. It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles of the uniform design are required by this section to procure and place the receptacles at their own expense on the premises in accordance with rules and regulations adopted by the department. Litter receptacles must be made available to the public as recommended by the department.
4. The department shall establish a system of grants to aid cities, towns, and counties in procuring and placing litter receptacles. The grants shall be on a matching basis under which the local government involved electing to participate in this grant program shall be required to pay at least fifty percent (50%) of the total costs of the procurement of receptacles sufficient in number to meet departmental guidelines established by rule pursuant to this section. The amount of the grant shall be determined on a case by case basis by the director after consideration of need, available departmental and local government funds, degree of prior compliance by the local government involved in placement of receptacles, and other relevant criteria. The responsibility for maintaining and emptying the receptacles shall remain with the unit of local government. The provisions of this chapter as they may relate to any city or town shall not be construed to be a reimbursable state mandated cost pursuant to §§ 45-13-7 — 45-13-10 .
5. Any person, other than a political subdivision, government agency, or municipality, who fails to place the litter receptacles on the premises in the numbers required by rule or regulation of the department, violating the provisions of this section or rules or regulations adopted thereunder, shall be subject to a fine of ten dollars ($10.00) for each day of violation.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-10. Litter bags.

The department shall design and produce a litter bag bearing the state anti litter symbol and a statement of the penalties prescribed herein for littering in this state. The department may make litter bags available to the owners of motor vehicles and watercraft in this state and may also provide litter bags at no charge at points of entry into this state and at visitor centers to the operators of incoming vehicles and watercraft.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-11. Responsibility for removal of litter.

The owners and operators of public places shall be responsible for the removal of litter from litter receptacles.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-12. Repealed.

History of Section. P.L. 1984, ch. 251, § 2; P.L. 1995, ch. 370, art. 40, § 114; Repealed by P.L. 1997, ch. 326, § 164, effective July 8, 1997.

37-15-13. Allocation of funds.

1. The department shall allocate and distribute money from the litter control appropriation, by way of grants or transfers, to eligible persons for the following activities:
   1. Collecting litter along public streets and highways, on parks and recreation lands, and on or along the waters of the state including, but not limited to, expenditures for a youth corps litter program which is hereby created and which shall employ persons from the state. To facilitate litter collection, the department shall transfer fifty-six thousand two hundred and fifty dollars ($56,250) on July 1, 1993, October 1, 1993, January 1, 1994, April 1, 1994, and every year thereafter, to the Department of Corrections for the purposes of litter pick-up on the state’s highways;
   2. Establishing or expanding community recycling centers;
   3. Improving enforcement of litter laws;
   4. Purchasing litter receptacles, litter bags, collection and pickup equipment, and related materials;
   5. Designing and publishing a state anti-litter symbol;
   6. Organizing and conducting educational programs designed to increase public awareness of the litter problem, the need for compliance with anti-litter laws, the need for recycling, and the availability of community recycling centers;
   7. Conducting initial surveys of the amount and composition of litter on the public places in the state and conducting follow-up surveys to measure the progress of litter reduction and recycling programs; and
   8. Purchasing and erecting roadside signs indicating the penalties imposed for littering or the availability of community recycling centers.
2. Any city or town that initiates a program mandating separation of certain forms of garbage, rubbish, or trash (such as newspapers, bottles, and cans) for the purpose of recycling shall be eligible to receive a grant or loan from the litter control account for that program.
3. The department shall not use any funds for the purpose of replacing any litter pickup or rubbish removal activity presently performed by the department.
4. The department of transportation shall continue to be responsible for the removal of litter from all state highways.

History of Section. P.L. 1984, ch. 251, § 2; P.L. 1993, ch. 138, art. 74, § 1; P.L. 1995, ch. 370, art. 40, § 114.

37-15-14. Application procedure.

1. A person eligible to receive a grant, loan, or contract under this chapter, and the department’s regulations adopted pursuant thereto, may make an application for the loan, grant, or contract in such form as may be required by the department.
2. The department shall grant or loan funds, and contract for services from the litter control account to an eligible person who has submitted an application for funds upon determining that the plan submitted by the person is qualified and suitable for purposes of the program.
3. The department shall require periodic reports to be filed by grant recipients. The department shall review, evaluate, and follow up on any actions taken by grant recipients to ensure that the purposes of this chapter are being achieved.
4. The department shall require that grant recipients post a recycling and redemption rate schedule for public inspection.

History of Section. P.L. 1984, ch. 251, § 2; P.L. 1989, ch. 372, § 1.

37-15-15. Duties of the department.

In addition to the foregoing, the department shall:

1. Serve as the coordinating agency between the various industry organizations seeking to aid in the anti litter and recycling efforts;
2. Recommend to the governing bodies of all local governments that they adopt ordinances consistent with the provisions of this chapter;
3. Cooperate with all local governments to accomplish coordination of local anti litter and recycling efforts;
4. Encourage, organize, and coordinate all voluntary local anti litter and recycling campaigns seeking to focus the attention of the public on the programs of this state to control and remove litter and to foster recycling;
5. Investigate the availability of and apply for funds available from any private or public source to be used in the program outlined in this chapter;
6. Develop statewide programs to increase public awareness of and participation in recycling and to encourage community recycling centers, public participation in recycling and research and development in the field of litter control, and recycling, removal, and disposal of litter related recycling materials;
7. Establish a technical assistance program to assist cities and towns in establishing separation recycling programs in conjunction with recycling collection centers to be constructed at state solid waste management facilities.

History of Section. P.L. 1984, ch. 251, § 2; P.L. 1986, ch. 522, § 5.

37-15-16. Cooperation between industry and department.

To aid in the state anti litter and recycling campaign, the general assembly requests that the various industry organizations which are active in anti litter and recycling efforts provide active cooperation with the department so that the additional effect may be given to the anti litter and recycling campaign of the state of Rhode Island.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-17. Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected.

History of Section. P.L. 1984, ch. 251, § 2.

37-15-18. Distribution of flyers on motor vehicles on private property — Penalties.

No person, corporation, partnership, or association shall cause to be or shall distribute flyers on motor vehicles on private commercial property. Flyers shall mean commercial advertising literature which shall include, but not be limited to, advertisement of products or services, whether free or not; notices of events of any type; solicitation of funds, services, signatures or assistance of any causes; etc. Violators of this section shall be fined two hundred dollars ($200), the proceeds of which shall go to the OSCAR fund.

History of Section. P.L. 1989, ch. 366, § 1.

37-15-19. Protection of state coastline — Adult designated smoking areas.

Whereas it has been conclusively shown that pollution in the form of discarded cigarettes pose a major threat to the integrity of the coastline in this state, every municipality bordering on such coastline may adopt rules and regulations for the establishment of adult designated smoking areas for the purpose of reducing such cigarette litter and pollution.

History of Section. P.L. 1997, ch. 132, § 1.

37-15.1-1. Statement of policy.

Recognizing the ever increasing use of hard-to-dispose material by the people of Rhode Island as well as the fundamental need for a healthful, clean, and beautiful environment; and further recognizing that the proliferation and accumulation of hard-to-dispose material throughout this state impairs this need and constitutes a public health hazard; and further recognizing the need to conserve energy and natural resources; and further recognizing that there is an imperative need to anticipate, plan for, and accomplish effective control, recovery, and recycling of hard-to-dispose material, there is hereby enacted this “hard-to-dispose material control and recycling” chapter.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-2. Declaration of purpose.

1. The purpose of this chapter is to establish programs to aid in the monitoring, tracking, reuse, recycling, and proper disposal of hard-to-dispose materials and to respond to clean-up activities associated with hard-to-dispose material by delegating to the department of environmental management the authority to:
   1. Conduct a permanent and continuous program to control and remove hard-to-dispose materials generated within the state to the maximum practical extent possible;
   2. Recover and recycle waste materials related to hard-to-dispose material;
   3. Encourage waste reduction, recovery, and private recycling;
   4. Increase public awareness of the need for recycling; and
   5. To aid in the development of private and public sector facilities and programs for the monitoring, tracking, recycling, reuse, reduction, and proper disposal of hard-to-dispose material.
2. It is further the intent and purpose of this chapter to create jobs for employment in hard-to-dispose material cleanup and related activities and to encourage small, private recycling centers. This program shall include the compatible goal of recovery of recyclable material to conserve energy and natural resources wherever practicable. Every department of state government and all local governmental units and agencies of this state shall cooperate with the department of environmental management in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling hard-to-dispose material control and removal efforts, and to aid private and public efforts in the proper disposal, recycling, reuse, and reduction of hard-to-dispose material and not terminate or supplant those efforts.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-3. Definitions.

As used in this chapter the following terms shall, where the context permits, be construed as follows:

1. “Community recycling center” means a central collection point in a community for hard-to-dispose material, or a point where those materials are taken after being collected to be processed.
2. “Department” means the department of environmental management.
3. “Director” means the director of the department of environmental management.
4. “Hard-to-dispose of material” means and encompasses the following materials: petroleum-based or synthetic lubricating oils, including, but not limited to, lubricants in internal combustion engines; tires used on motorized vehicles and trailers, including cars, trucks, buses, and heavy construction equipment; glycol-based antifreeze and organic solvents. A petroleum-based or synthetic lubricating oil which is recycled and/or re-refined is not, nor shall it be considered, a hard-to-dispose material.
5. “Organic solvents” means any compounds of carbon which are liquids at standard conditions, and which are used as dissolvers, viscosity reducers, dilutents, thinners, reagents, or cleaning agents, (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and ammonium carbonate) and which are listed as hazardous waste pursuant to the state hazardous waste program pursuant to chapter 19.1, title 23.
6. “Person” means any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever.
7. “Program” means those activities of the department to encourage, manage, and fund hard-to-dispose material control and recycling, and to aid in the monitoring and tracking, reduction, recycling, and reuse of hard-to-dispose material control and recycling pursuant to this chapter.
8. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
9. “Recycling” means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-4. Prohibitions.

No person shall throw, drop, deposit, discard, or otherwise dispose of hard-to-dispose material upon any public property in the state or in the waters of this state or upon private property in this state owned by him or her except:

1. When the property is designated by the state or by any of its agencies or political subdivisions for the disposal of hard-to-dispose material, and that person is authorized to use the property for that purpose; or
2. Into a receptacle which has been provided by or authorized by the department.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-5. Revenue.

All assessments, fines, bail forfeitures, and other funds collected or received pursuant to this chapter shall be deposited as general revenues.

History of Section. P.L. 1989, ch. 514, § 1; P.L. 1995, ch. 370, art. 40, § 115.

37-15.1-6. Allocation of funds.

The department shall allocate and distribute money for the hard-to-dispose material program by way of grant to eligible persons for the following activities:

1. Establishing educational programs and technical assistance programs to assist in the collection, marketing, recycling, reuse, reduction, and safe disposal of hazardous material hard-to-dispose material.
2. Establishing a grant-in-aid program and research programs to assist in the collection, marketing, recycling, reuse, reduction, and proper disposal of hard-to-dispose material for both the public and private sectors.
3. Surveying, tracking, and monitoring hard-to-dispose material.
4. Establish or plan state owned and operated regional collection centers for hard-to-dispose material with priority given to household materials.
5. To supplement, not supplant, funds for the collection of used oil in the state’s collection system.

History of Section. P.L. 1989, ch. 514, § 1; P.L. 1995, ch. 370, art. 40, § 115.

37-15.1-7. Repealed.

History of Section. P.L. 1989, ch. 514, § 1; Repealed by P.L. 1995, ch. 370, art. 40, § 170, effective July 1, 1995.

37-15.1-8. Application procedure.

1. A person eligible to receive a grant, loan, or contract under this chapter, and the department’s regulations adopted pursuant thereto, may make an application for the loan, grant, or contract in such form as may be required by the department.
2. The department shall grant or loan funds, and contract for services from the hard-to-dispose material account to eligible persons who have submitted an application for funds upon determining that the plan submitted by that person is qualified and suitable for purposes of the program.
3. The department shall require periodic reports to be filed by grant recipients. The department shall review, evaluate, and follow up on any actions taken by grant recipients to ensure that the purposes of this chapter are being achieved.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-9. Duties of the department.

In addition to the foregoing, the department shall:

1. Serve as the coordinating agency between the various industry organizations seeking to aid in the hard-to-dispose material and recycling efforts;
2. Recommend to the governing bodies of all local governments that they adopt ordinances consistent with the provisions of this chapter;
3. Cooperate with all local governments to accomplish coordination of local hard-to-dispose material and recycling efforts;
4. Encourage, organize, and coordinate all voluntary local hard-to-dispose material and recycling campaigns seeking to focus the attention of the public on the programs of this state to control and remove hard-to-dispose material, and to foster recycling;
5. Investigate the availability of, and apply for funds available from any private or public source to be used in the program outlined in this chapter;
6. Develop statewide programs to increase public awareness of and participation in recycling, and to encourage community recycling centers, public participation in recycling and research and development in the field of hard-to-dispose material, and recycling, removal, and disposal of litter-related recycling materials;
7. Publish a timetable for the establishment of the state owned and operated regional collection centers.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-10. Cooperation between industry and department.

To aid in the state hard-to-dispose material and recycling campaign, the general assembly requests that the various industry organizations which are active in hard-to-dispose material and recycling efforts provide active cooperation with the department so that the additional effect may be given to the hard-to-dispose material and recycling campaign of the state of Rhode Island.

History of Section. P.L. 1989, ch. 514, § 1.

37-15.1-11. Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected.

History of Section. P.L. 1989, ch. 514, § 1.

37-16-1. Short title.

This chapter shall be known as the “Public Works Arbitration Act”.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-2. Contract provision for arbitration.

1. A provision in a written contract executed on or after January 1, 1962, for the construction, alteration, repair, or painting of any public building, sewer, highway, bridge, water treatment or disposal projects one party to which is the state, a city, a town, or an authority, a board, a public corporation, or any similar body created by statute or ordinance or any committee, agency, or subdivision of any of them, to settle by arbitration any dispute or claim arising out of or concerning the performance or interpretation of the contract shall be valid, irrevocable, and enforceable, save upon grounds existing in law or equity for the revocation of the contract.
2. 1. Every contract for the construction, alteration, repair, painting, or demolition of any public building, sewer, water treatment or disposal project, highway, or bridge one party to which is the state, a city, a town, or an authority, a board, a public corporation, or any similar body created by statute or ordinance or any committee, agency, or subdivision of any of them which has a contract price of ten thousand dollars ($10,000) or more and which is executed on or after July 1, 1967, shall contain a provision for arbitration of disputes and claims arising out of or concerning the performance or interpretation of the contract as follows:
   2. “All claims, disputes, and other matters in question arising out of or relating to this contract or the performance or interpretation thereof shall be submitted to arbitration. Arbitration shall be commenced by a demand in writing made by one party to the contract upon the other within a reasonable time after the dispute, claim, or other matter in question arose but in no event after payment in full of the contract price has been made and accepted. The written demand shall contain a statement of the question to be arbitrated and a detailed statement of each item or matter in dispute and the name of the arbitrator appointed by that party. The other party to the contract within ten (10) days of the receipt of the written demand shall appoint an arbitrator and give notice in writing thereof to the party who commenced arbitration. The two (2) arbitrators appointed by the parties shall within ten (10) days of the date of the appointment of the second arbitrator select a third arbitrator who shall be designated as chairperson and who immediately shall give written notice to the parties of his or her appointment. The third arbitrator shall select a time, date, and place for hearing and give each party five (5) days notice in writing thereof. The date for hearing shall not be more than fifteen (15) days after the date of appointment of the third arbitrator. The award shall be made promptly by the arbitrators and, unless otherwise agreed by the parties or specified by law, no later than thirty (30) days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the transmittal of the final statements and proofs to the arbitrators. The award shall be in writing and shall be signed by a majority of the arbitrators. It shall be executed in the manner required by law. The arbitrator shall provide a written explanation of the reasoning for the award. In the event the party of whom arbitration is demanded shall fail to appoint his or her arbitrator within the time specified or the two (2) arbitrators appointed by the parties are unable to agree on an appointment of the third arbitrator within the time specified, either party may petition the presiding justice of the superior court to appoint a single arbitrator who shall hear the parties and make an award as provided herein. The petitioner shall give five (5) days notice in writing to the other party before filing his or her petition.”
3. Any dispute involving claims less than one hundred thousand dollars ($100,000) and associated with construction of a highway or bridge as referred to in subsection (b) shall be submitted to arbitration. Any dispute involving claims of one hundred thousand dollars ($100,000) or more and associated with construction of a highway or bridge as referred to in subsection (b) shall only be arbitrated with the consent of the parties. If the parties fail to consent to arbitration and the state of Rhode Island is a party to the dispute, then the claim will proceed in accordance with § 37-13.1-1 .
4. For the purposes of this section, the term “claims” shall not mean the aggregate amount sought under the contract or in the arbitration, but shall refer specifically to each item or matter in dispute for which additional compensation is sought or for each item for which a credit is sought.
5. Notwithstanding subsection (a) or (b) of this section, if any contract except for highway and bridge contracts provides for an arbitration procedure, and a method of appointment of an arbitrator or arbitrators, that method shall be followed instead of the method provided in subsection (b) of this section.
6. This section shall apply to all written contracts executed on or after January 1, 1986.

History of Section. P.L. 1967, ch. 165, § 1; P.L. 1984, ch. 430, § 1; P.L. 1986, ch. 479, § 1; P.L. 1987, ch. 141, § 1; P.L. 1991, ch. 207, § 1; P.L. 1995, ch. 116, § 1; P.L. 1999, ch. 377, § 1; P.L. 2005, ch. 337, § 1.

37-16-3. Application to subcontracts.

When a contract described in § 37-16-2 is in effect and any party thereto has entered into a subcontract to perform part of the work and/or furnish any materials in connection with the work described in the contract and the terms of the subcontract provide for arbitration of a dispute or claim concerning the performance or interpretation thereof, or the subcontract, expressly or by reference to the terms of the contract, provides that the parties to the subcontract shall comply with the arbitration provisions of the contract, the following shall apply when a request is made or an order of court is entered for arbitration either under the terms of the contract or subcontract.

1. When arbitration under the contract may adversely affect the interest of a party thereto because of the effect of an award of the arbitrator or arbitrators upon the performance or interpretation of the terms of a subcontract to which he or she is also a party, he or she may require any other party or all other parties to the subcontract to become a party or parties to the arbitration.
2. When a party to a subcontract makes a demand or an order of court is entered for arbitration under the terms of the subcontract which comply with the provision of this chapter, any party thereto who is also a party to the contract and whose rights under the contract may be adversely affected by the effect of an award of the arbitrator or arbitrators upon the performance or interpretation of the contract may require any other party to the contract to become a party to the arbitration.
3. When a party to a contract or to a subcontract is made a party to arbitration by virtue of the provisions of this section, he or she shall have all the rights of a party to arbitration as provided in this chapter except the appointment of an arbitrator. Provided, however, he or she may object to the arbitrators appointed by the parties in which event a single arbitrator shall be appointed as provided in § 37-16-2 in the petition of either of the original parties to arbitration. The award of the arbitrator or arbitrators shall be valid and shall be binding on him or her to the extent that it affects the performance or interpretation of the contract and/or subcontract to which he or she is a party. The award of the arbitrator or arbitrators may be enforced, modified, or vacated as this chapter provides an award made in an arbitration of a contract described in § 37-16-2 may be enforced, modified, or vacated.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-4. Stay of legal proceedings pending arbitration.

If any suit or proceedings be brought upon any issue referable to arbitration under contract in writing providing for arbitration, the court in which the suit is pending upon being satisfied that the issue involved in the suit or proceedings is referable to arbitration under the contract, shall on application of one of the parties, stay the trial of the action until arbitration has been held.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-5. Jurisdiction of superior court to enforce arbitration provision and awards.

The entering into a contract in writing providing for arbitration shall be deemed a consent of all parties, including those enumerated in § 37-16-2 , thereto to the jurisdiction of the superior court of this state to enforce the arbitration provision and any award made pursuant to that provision. A party aggrieved by the failure, neglect, or refusal of another to perform under a contract providing for arbitration, may petition the superior court, or a judge thereof, for an order directing that arbitration proceed in the manner provided for in the contract. Five (5) days’ notice in writing of the application shall be served upon the party in default. Service thereof shall be made in the manner specified in the contract, and if no manner specified therein, then in the manner provided by law for personal service of a summons, within or without the state, or substituted service of a summons, or upon satisfactory proof that the party aggrieved has been or will be unable with due diligence to make service in any of the foregoing manners, then notice shall be served in such manner as the court or judge may direct. A judge of the superior court shall hear the parties and upon being satisfied that there is no substantial issue as to the making of the contract or the failure to comply therewith, the court, or the judge thereof, hearing the application, shall make an order directing the parties to proceed to arbitration in accordance with the terms of the contract.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-6. Trial upon evidence of substantial issue.

If evidentiary facts are set forth raising a substantial issue as to the making of the contract or the failure to comply therewith, the court, or the judge thereof, shall proceed immediately to the trial of the issues. Whenever an immediate trial is ordered, the order therefor shall provide that, if the court finds that a written contract providing for arbitration was made, and that there was a failure to comply therewith, the parties shall proceed with the arbitration in accordance with the terms of the contract and the order shall provide that if the court finds that there was no contract or failure to comply with the contract, then the proceeding shall be dismissed.

History of Section. P.L. 1967, ch. 165, § 1; P.L. 1997, ch. 326, § 165.

37-16-7. Method of appointing arbitrators or umpire.

If in the contract providing for arbitration, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but if no method be provided therein, then the parties to the contract shall agree to the method of naming or appointing an arbitrator or arbitrators or an umpire and if the parties shall fail to agree, then the court or the judge thereof upon application of either of the parties after due notice to the other party shall appoint an arbitrator to hear the dispute.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-8. Scheduling and notice of arbitration hearing — Adjournment.

Subject to the terms of the contract, if any are specified therein, the arbitrators selected as prescribed in this chapter must appoint a time and place for the hearing of the matters submitted to them, and must cause notice thereof to be given to each of the parties. They, or a majority of them, may adjourn the hearing from time to time upon the application of either party for good cause shown or upon their own motion, but not beyond the day fixed if a date in the contract, if any, for rendering their award, unless the time so fixed is extended by the written consent of the parties to the contract or their attorney, or the parties have continued with the arbitration without objection to adjournment.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-9. Power of court to direct prompt hearing.

The court shall have the power to direct the arbitrators to proceed promptly with the hearing and determination of the dispute, claim, or matter in question.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-10. Arbitrator’s oath — Waiver.

Before hearing any testimony, arbitrators selected as prescribed in this chapter must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the claim, dispute, or matter in question and to make a just award according to the best of their understanding, unless the oath is waived by the written consent of the parties to the contract or their attorneys or the parties have continued with the arbitration without objection to the failure of the arbitrators to take the oath.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-11. Powers of arbitrators.

The arbitrator or arbitrators selected as prescribed in this chapter, may require any person to attend before them as a witness; and he or she and they have, and each of them has, the same powers with respect to all the proceedings before them which are conferred upon a board or a member of a board authorized by law to hear testimony. All the arbitrators selected as prescribed in this chapter must meet together and hear all the allegations and proofs of the parties; but an award by a majority of them is valid.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-12. Fees.

In any proceeding under this chapter, unless the parties agree as to the arbitrator’s or arbitrators’ fees, the fees shall be fixed by the court or the judges thereof who shall require the payment equally by both parties of the arbitrators’ fees.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-13. Validity of awards.

An award shall be valid and enforceable according to its terms and under the provisions of this chapter, without previous adjudication of the existence of a contract to arbitrate, subject, nevertheless, to the provisions of this section:

1. A party who has participated in any of the proceedings before the arbitrator or arbitrators may object to the confirmation of the award only on one or more of the grounds hereinafter specified (provided that he or she did not continue with the arbitration with notice of the facts or defects upon which his or her objection is based) because of a failure to comply with § 37-16-8 or with § 37-16-10 or because of the improper manner of the selection of the arbitrators.
2. A party who has not participated in any of the proceedings had before the arbitrator or arbitrators and who has not made or been served with an application to compel arbitration under § 37-16-5 may also put in issue the making of the contract or the failure to comply therewith, either by a motion for a stay of the arbitration or in opposition to the confirmation of the award. If a notice shall have been personally served upon that party of an intention to conduct the arbitration pursuant to the provisions of a contract specified in the notice, then the issues specified in this subdivision may be raised only by a motion for a stay of the arbitration, notice of which motion must be served within ten (10) days after the service of the notice of intention to arbitrate. The notice must state in substance that unless within ten (10) days after its service, the party served therewith shall serve a notice of motion to stay the arbitration, he or she shall thereafter be barred from putting in issue the making of the contract or the failure to comply therewith. The arbitration hearing shall be adjourned upon service of the notice pending the determination of the motion. Where the opposing party, either on a motion for a stay or in opposition to the confirmation of an award, sets forth evidentiary facts raising a substantial issue as to the making of the contract or the failure to comply therewith, an immediate trial of the same shall be had. In the event that the party is unsuccessful he or she may, nevertheless, participate in the arbitration if the same is still being carried on.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-14. Arbitration under chapter deemed special proceeding — Jurisdiction of superior court.

Arbitration of a claim, dispute, or matter in question under a contract described in this chapter shall be deemed a special proceeding of which the superior court for Providence County shall have jurisdiction.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-15. Procedure for hearing of application to court.

Any application to the court, or a judge thereof, hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-16. Form of award.

To entitle the award to be enforced, as prescribed in this chapter, it must be in writing and within the time limited in the contract, if any, subscribed by the arbitrator or arbitrators making it and either filed in the office of the clerk of the court having jurisdiction as provided in § 37-16-14 or delivered to one of the parties or his or her attorney.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-17. Court order confirming award.

At any time within one year after the award is made, as prescribed in § 37-16-16 , any party to the contract by the terms of which arbitration was had, may apply to the court having jurisdiction as provided in § 37-16-14 for an order confirming the award. Thereupon the court must grant the order unless the award is vacated, modified, or corrected, as prescribed in §§ 37-16-18 and 37-16-19 or unless the award is unenforceable under the provisions of § 37-16-13 . Notice of the motion must be served upon the adverse party or parties or his or her or their attorneys, as prescribed by law for service of notice of a motion upon an attorney in an action in the same court.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-18. Court order vacating award.

In any of the following cases, the court must make an order vacating the award, upon the application of any party to the controversy which was arbitrated.

1. When the award was procured by fraud.
2. Where the arbitrator or arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award upon the subject matter submitted was not made.
3. If there was no valid contract, and the objection has been raised under the conditions set forth in § 37-16-13 .

History of Section. P.L. 1967, ch. 165, § 1.

37-16-19. Rehearing after vacation of award.

Where an award is vacated, the court in its discretion may direct a rehearing either before the same arbitrator or arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the contract for the selection of the original arbitrator or arbitrators or as provided for in § 37-16-7 and any provision limiting the time in which the arbitrator or arbitrators may make a decision shall be deemed applicable to the new arbitration and shall commence from the date of the court’s order.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-20. Court order modifying or correcting award.

In any of the following cases, the court must make an order modifying or correcting the award, upon the application of any party to the contract by the terms of which the arbitration was held.

1. Where there was an evident miscalculation of figures or an evident mistake in the description of any persons, thing, or property referred to in the award.
2. Where the arbitrator or arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision upon the matter submitted.
3. Where the award is imperfect in a matter of form not affecting the merits of the controversy, and, if it had been a master’s report the defect could have been amended or disregarded by the court.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-21. Notice of motion to vacate, modify, or correct an award.

Notice of a motion to vacate, modify, or correct an award must be served upon all adverse parties, or their attorneys, within sixty (60) days after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action; except that in opposition to a motion to confirm an award, any of the grounds specified in § 37-16-18 may be set up. For the purpose of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order to be served with the notice of motion staying the proceedings of an adverse party or parties to enforce the award.

History of Section. P.L. 1967, ch. 165, § 1; P.L. 1984, ch. 81, § 10.

37-16-22. Entry of judgment — Costs.

Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity therewith, except as is otherwise prescribed in this chapter. Costs of the application and of the proceedings subsequent thereto, not exceeding twenty-five dollars ($25.00) and disbursements, may be awarded by the court in its discretion. If awarded, the amount thereof must be included in the judgment.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-23. Filing of papers after judgment.

1. Immediately after entering judgment, the clerk must attach together and file the following papers:
   1. The contract, and each written extension of the time, if any, within which to make the award.
   2. The award.
   3. Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon the application.
   4. A copy of the judgment.
2. The judgment may be docketed as if it was rendered in an action.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-24. Effect of judgment.

The judgment so entered has the same force and effect, in all respects as, and is subject to all the provisions of law relating to a judgment in an action. The judgment may be enforced as if it had been rendered in an action in the court in which it is entered.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-25. Appeals.

An appeal may be taken from an order made in a proceeding under this chapter, or from a judgment entered upon an award. The proceedings upon the appeal, including the judgment thereupon and the enforcement of the judgment, are governed by the provisions of statute and rule regulating appeal in actions as far as they are applicable.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-26. Satisfaction of award.

1. An award which requires the payment of a sum of money by a city, town, the state, or any body described in § 37-16-2 created or organized by or through the authority of any of them, shall be satisfied to the extent of payment of that sum by payment thereof to the party to whom the award was made by the treasurer or officer exercising the duties of a treasurer thereof from its general funds.
2. An award which requires the payment of a sum of money to a city, a town, or the state or any body described in § 37-16-2 created or organized by or through the authority of any of them shall be satisfied to the extent of payment of that sum by payment thereof to its treasurer or officer exercising the duties of a treasurer thereof who shall deposit the same in its general funds.

History of Section. P.L. 1967, ch. 165, § 1.

37-16-27. Application to sureties.

1. If a contractor principal on a bond furnished to guarantee performance or payment on a construction contract and the claimant are parties to a written contract with a provision to submit to arbitration any controversy thereafter arising under the contract, or subject to arbitration as provided in § 37-16-2(b) , the arbitration provisions shall apply to the surety for all disputes involving questions of the claimant’s right of recovery against the surety. Either the claimant, the contractor principal, or surety may demand arbitration in accordance with the written contract or as provided in § 37-16-2(b) if applicable in one arbitration proceeding, provided that the provisions of § 37-16-3 shall be applicable to any demand for arbitration. The arbitration award shall decide all controversies subject to arbitration between the claimant, on the one hand, and the contractor principal and surety on the other hand, including all questions involving liability of the contractor principal and surety on the bond, but a claimant must file suit for recovery against the surety within the time limits set forth in §§ 37-12-2 and 37-12-5 . The arbitration shall be in accordance with this chapter and the court shall enter judgment thereon as provided therein.
2. The arbitrator or arbitrators, if more than one, shall make findings of fact as to the compliance with the requirements for recovery against the surety, and those findings of fact shall be a part of the award binding on all parties to the arbitration.

History of Section. P.L. 1982, ch. 397, § 1.

37-17-1 — 37-17-19. Repealed.

History of Section. G.L. 1956, §§ 37-17-1 — 37-17-1 9; P.L. 1969, ch. 222, § 1; P.L. 1974, ch. 235, § 1; Repealed by P.L. 1981, ch. 236, § 6. For powers of the state building standards committee, see § 23-27.3-100.1.5 .

37-18-1. Short title.

This chapter shall be known as the “Narragansett Indian Land Management Corporation Act”.

History of Section. P.L. 1979, ch. 116, § 1.

37-18-2. Definitions.

1. “Corporation” means the Narragansett Indian land management corporation established by § 37-18-3 .
2. “Federal recognition” means the formal acknowledgement of the existence of an American Indian tribe pursuant to 25 U.S.C. § 1707 and 25 Code of Federal Regulations, Part 83.
3. “Improvement” means land preparation and provision of public improvements such as streets, sewers, and water lines needed for commercial and residential development.
4. “Indian” means those descendants of the individuals named on the list established pursuant to the Acts of 1880, ch. 800, § 4.
5. “Indian corporation” means the Rhode Island non-business corporation known as the Narragansett Tribe of Indians.
6. “Land use plan” means the plan established by the division of statewide planning and accepted by the town and the corporation.
7. “Secretary of the interior” means the secretary of the United States department of the interior.
8. “State” means the state of Rhode Island.
9. “Town” means the town of Charlestown, Rhode Island.

History of Section. P.L. 1979, ch. 116, § 2; P.L. 1985, ch. 386, § 1.

37-18-3. Corporation established — Passage to state upon cessation of business.

1. Subject to the provisions of § 37-18-12 , there is hereby authorized, created, and established a permanent, public corporation of the state having a distinct legal existence from the state and not constituting a department of state government, to be known as the “Narragansett Indian land management corporation” with such powers as are set forth in this chapter for the purposes of acquiring, managing, and purchasing real property as provided in § 37-18-6(d) .
2. It is the intent of the general assembly by the passage of this chapter to vest in the corporation all powers, authority, rights, privileges, and titles which may be necessary to enable it to accomplish the purposes herein set forth.
3. If, for any reason, the corporation shall cease entirely and continuously to conduct or be involved in any business whatsoever in furtherance of its purposes, all its duties, purposes, rights, and properties shall pass to and be vested in the state and the lands shall be held in trust for the Indians, as defined in this chapter, subject to the provisions of §§ 37-18-12 and 37-18-13 .

History of Section. P.L. 1979, ch. 116, § 3; P.L. 1985, ch. 386, § 1.

37-18-4. Purposes.

The corporation is authorized, created and established for the following purposes:

To manage and hold the real property acquired pursuant to the provisions of §§ 37-18-6(d) and 37-18-7 for the benefit of the descendants of those individuals of Indian ancestry set forth in the list established pursuant to P.L. 1880, ch. 800, § 4.

History of Section. P.L. 1979, ch. 116, § 4.

37-18-5. Board of directors — Annual report — Oath — Officers — Quorum and required vote — Meetings and records.

1. All the powers of the corporation shall be vested in the board of directors of the corporation. An annual report shall be compiled in accordance with chapter 36 of title 42 and shall also be submitted to the general assembly not later than February 15.
2. The corporation shall consist of nine (9) directors, five (5) of whom shall be appointed by the Indian corporation, two (2) of whom shall be appointed by the governor (one of whom shall be the director of the department of environmental management or its successor agency or department and who shall serve as nonvoting director and who shall not serve as chairperson), one of whom shall be appointed jointly by the speaker of the house of representatives, and by the president of the senate, and one of whom shall be appointed by the town council. Two (2) of the directors appointed by the Indian corporation and the director appointed by the town council shall be appointed initially to four (4) year terms. Two (2) of the directors appointed by the Indian corporation and the director appointed jointly by the speaker of the house of representatives and the president of the senate shall be appointed initially to five (5) year terms. One of the directors appointed by the Indian corporation and the two (2) directors appointed by the governor shall be appointed initially to six (6) year terms. After the initial appointment terms have expired, successor terms for directors shall be for a period of three (3) years, the intention being that one-third (1/3) of the board of directors shall be appointed annually. Any member chosen to fill a vacancy occurring otherwise than by expiration of a term shall be appointed only for the remainder of that unexpired term. All members of the board shall be eligible for reappointment.
3. Each member of the board of directors, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state. No member of the board shall benefit directly or indirectly from any project undertaken by the corporation, other than in his or her capacity as a descendant of an individual listed in P.L. 1880, ch. 800, § 4. The oath shall state:

   “I, (naming the person), so solemnly affirm that I will faithfully and impartially discharge my duties as a member of the board of directors of the Narragansett Indian land management corporation according to the best of my abilities, and that I will support the Constitution and laws of this state, and the Constitution of the United States, and I do solemnly promise that I will observe and strictly obey the bylaws, rules, and regulations set down by this commission and do further declare that I entertain no ill will toward any member of this commission. This affirmation I make and give upon the peril of the penalty of perjury.”

4. The board of directors may elect such officers as may be required to conduct the corporation’s business.
5. Five (5) members of the board of directors of the corporation shall constitute a quorum, and a vote of five (5) members of the board of directors shall be necessary for any action taken by the corporation. No vacancy in the membership of the board of directors shall impair the right of a quorum to exercise all the powers and perform the duties of the corporation.
6. Any action taken by the corporation under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately. All meetings shall be open to the public, and all records shall be a matter of public record except that if a majority of the board by public vote determines that it would be in the best interest of the corporation to hold an executive session in private, then the board is authorized to transact only the following business at the closed meeting, and the records of the meeting shall not become public record until the transaction discussed has, in the opinion of the directors, been completed:
   1. Any discussions of the job performance, character, physical or mental health of a person or persons, provided that the person or persons affected may require that the discussion be held at an open meeting;
   2. Any discussions or consideration related to the acquisition of real property wherein public information would be detrimental to the interest of the corporation.

History of Section. P.L. 1979, ch. 116, § 5; P.L. 2001, ch. 180, § 79.

37-18-6. Powers and duties.

The corporation shall have the following powers, together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

1. To have perpetual succession as a body corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
2. To sue and be sued, complain, and defend, in its corporate name; provided, however, the corporation shall have no standing in any zoning or other administrative or judicial proceeding involving land presently owned by castle realty company in the town;
3. To have a seal which may be altered at pleasure and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced;
4. To purchase, take, receive, lease, or otherwise acquire from any person, firm, corporation, municipality, the federal government, or state, by grant, purchase, lease, or gift, or to obtain options for the acquisition of any personal property and the real property situated in the town and defined as the “settlement lands” in that “joint memorandum of understanding concerning settlement of the Rhode Island Indian land claims” dated February 28, 1978, and related to the lawsuits entitled Narragansett Tribe of Indians v. Rhode Island Director of Environmental Management, and Narragansett Tribe of Indians v. Southern Rhode Island Land Development Co., et al., C. A. Nos. 75-0005, 75-0006 (U.S. D. R.I.), improved or unimproved, and interests in the land less than the fee thereof; and to own, hold, clear, improve, develop, and rehabilitate the land subject to the restrictions set forth in §§ 37-18-7 and 37-18-10 ;
5. To make and execute agreements of lease, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by this chapter; provided, however, that any liabilities incurred shall be payable solely from the revenues of the corporation;
6. To invest and reinvest its funds;
7. To conduct its activities, carry on its operations, and have offices and exercise the powers granted by this chapter within the state;
8. To elect or appoint officers and agents of the corporation, define their duties, and fix their compensation;
9. To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the corporation;
10. To accept grants, donations, gifts, loans of funds, and contributions of money, services, materials, or otherwise, from the United States or any of its agencies, from the state or any of its agencies, or from any other source, and to use or expend money, services, materials, or other contributions in carrying out the purpose of this chapter;
11. To enter into agreements to pay annual sums in lieu of taxes to the town in respect to real property which is owned by the corporation and is located in the town;
12. To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, financial consultants, and such other employees, except an executive director, and agents as it shall deem necessary in its judgment and to fix their compensation;
13. 1. To grant or otherwise convey (whether voluntarily or involuntarily, including any eminent domain or condemnation proceedings) easements for public or private purposes;
    2. The corporation shall have the power to and shall grant to the Providence boys’ club or its successors in interest a reasonable right of way over the real property held by the corporation if any real property held by the Providence boys’ club or its successors in interest requires such a right of way as a means of access to a public right of way;
    3. The corporation shall have the power to and shall grant to the state a mutually acceptable right and easement to pass by foot and vehicle over a forty-five foot (45´) wide strip of land located within the town and in the Indian Cedar Swamp management area between Kings Factory road and the Pawcatuck River, and to use an area of the end of the strip sufficiently large for the parking of automobiles and the launching of boats;
14. To adopt rules and regulations concerning hunting and fishing rights on the corporation’s land subject to the provisions of § 37-18-8 ;
15. To bring proceedings to remove clouds on title or such other proceedings as it may, in its discretion, deem proper and necessary;
16. To have and exercise all powers necessary or convenient to effect its purposes; provided, however, the corporation shall have no power to sell, grant, convey, transfer, or otherwise alienate land or any interest therein other than as specifically provided in subsection (m) of this section.

History of Section. P.L. 1979, ch. 116, § 6.

37-18-7. Transfer of property — Restrictions on use.

1. Subject to the provisions of §§ 37-18-12 , 37-18-13 , and 37-18-14 , upon the adoption of a land use plan accepted by the town and the corporation pursuant to § 37-18-10 and the satisfaction of the requirements set forth in § 37-18-8 , the governor is authorized, empowered, and directed to transfer, assign, and convey to the corporation in fee simple all the right, title, and interest of the state in and to the following approximately nine hundred (900) acres of real estate located in the town;
   1. The Indian Cedar Swamp management area;
   2. Indian Burial Hill; and
   3. The state land around Deep Pond.
2. Provided, however, that the state shall retain control of and public access shall be guaranteed to an adequate fishing area within the state land around Deep Pond, and provided, further, that the governor is only authorized, empowered, and directed to transfer, assign, and convey to the corporation the real estate which is located around Deep Pond upon the governor’s making a finding that the required and appropriate federal approval of the transfer has been obtained so that the transfer will not affect, in any adverse manner, any benefits received by the state under the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777 et seq.
3. Upon the same findings and determinations outlined above, the governor is authorized, empowered, and directed to transfer, assign, and convey to the corporation and its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and vehicle over a forty-five foot (45´) wide strip of state land located within the town between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for the parking of automobiles and the launching of boats.
4. The authority herein granted to the governor shall be in addition to any other authority conferred upon him or her by law. The real estate conveyed by the state to the corporation pursuant to the provisions of this section shall be held in perpetuity for conservation purposes and shall not be improved or developed by the corporation.

History of Section. P.L. 1979, ch. 116, § 7; P.L. 1985, ch. 386, § 1.

37-18-8. Hunting, fishing, and trapping.

The corporation shall have the right to make rules and regulations regarding fish and game conservation on real estate held by the corporation; provided, however, that the corporation shall not issue those rules and regulations until it has consulted with the director of environmental management, and further provided that the corporation shall impose minimum standards for safety of persons and protection of wildlife and fish stock.

History of Section. P.L. 1979, ch. 116, § 8.

37-18-9. Exemption from taxation — Payments in lieu of taxes.

1. The corporation shall not be required to pay any taxes or assessments upon or in respect to any property of the corporation levied by the town.
2. The corporation shall make payments in lieu of real property taxes and assessments to the town with respect to income producing projects of the corporation located in the town, and for police, fire, sanitation, health protection, and municipal services provided by the town to the real estate held by the corporation in the town. The payments in lieu of taxes shall be in such amounts as shall be agreed upon by the corporation and the town.

History of Section. P.L. 1979, ch. 116, § 9.

37-18-10. Land use plan.

1. All real property owned and held by the corporation shall be subject to a land use plan prepared by the office of state planning within the department of administration. No less than seventy-five percent (75%) of the land owned by the corporation, exclusive of the real property described in § 37-18-7 , shall not be improved and developed and shall be held in perpetuity for conservation purposes, and the real property to be held in perpetuity for conservation purposes shall be delineated in the land use plan. The land use plan shall be mutually acceptable to the corporation and the town. Acceptance by the town of the plan shall not be unreasonably withheld. Upon acceptance of the plan by the town, the town shall amend its zoning ordinance adopted pursuant to chapter 24 of title 45 so as to conform to the plan. The zoning ordinance as amended shall govern the land use of real property owned by the corporation and the ordinance shall not be further amended in a manner inconsistent with the plan without the consent of the corporation; provided, however, that the ordinance shall not be amended in any manner affecting the land designated in the land use plan for conservation purposes.
2. The corporation shall not be entitled to use any portion of the real property to be owned and held by the corporation until such time as the land use plan is adopted by the corporation and accepted by the town.

History of Section. P.L. 1979, ch. 116, § 10.

37-18-11. Civil and criminal jurisdiction.

Except as otherwise provided, the corporation and all its authorized activities shall be subject to all the criminal and civil laws of the state and the town.

History of Section. P.L. 1979, ch. 116, § 11.

37-18-12. Expiration of the corporation.

Upon presentation of evidence to the Narragansett Indian land management corporation and the Rhode Island secretary of state that the Indian corporation known as the Narragansett Tribe of Indians has applied for and been granted by the United States government pursuant to 25 U.S.C. § 1707 and 25 Code of Federal Regulations, Part 83, federal recognition as an Indian tribe with inherent rights, powers, and responsibilities possessed by Indian tribes in the United States, the Narragansett Indian land management corporation shall expire thirty (30) days after the presentation of the evidence. Prior to its expiration, the corporation shall prepare and submit to the general assembly a final report of its termination activities.

History of Section. P.L. 1979, ch. 116, § 12; P.L. 1985, ch. 386, § 1.

37-18-13. Transfer of land to Indian tribe.

Upon the presentation of federal recognition to the Narragansett Indian land management corporation and the secretary of state, the Narragansett Indian land management corporation shall forthwith transfer and convey to the federally recognized Narragansett Tribe of Indians all powers, authority, rights, privileges, titles, and interest it may possess to any and all real property acquired, owned, and held for the benefit of those individuals of Indian ancestry set forth in the list established pursuant to P.L. 1880 ch. 800, § 4, and thereafter, the Narragansett Indian land management corporation shall have no further interest in the real property. All real property transferred by the Narragansett Indian land management corporation to the federally recognized Narragansett Tribe of Indians pursuant to this provision:

1. Shall be subject to the same conditions, restrictions, limitations, or responsibilities set forth in §§ 37-18-6(m)(2) and (m)(3), 37-18-8 , 37-18-9 , 37-18-10 , and 37-18-11 hereof as are applicable to the corporation and all its authorized activities.
2. Shall be subject to the civil and criminal laws of the state of Rhode Island and the town of Charlestown, Rhode Island, except as otherwise provided herein.

History of Section. P.L. 1985, ch. 386, § 2.

37-18-14. Transfer of state land to the Indian tribes.

1. Upon presentation of federal recognition to the Narragansett Indian land management corporation and the secretary of state, the governor is authorized, empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians in fee simple all the right, title, and interest of the state in and to the following approximately nine hundred (900) acres of real estate located in the town;
   1. The Indian Cedar Swamp management area;
   2. Indian Burial Hill; and
   3. The state land around Deep Pond.
2. Provided, however, that the state shall retain control of and public access shall be guaranteed to an adequate fishing area within the said state land around Deep Pond, and provided, further, that the governor is only authorized, empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians the real estate which is located around Deep Pond upon the governor’s making a finding that the required and appropriate federal approval of the transfer has been obtained so that the transfer will not affect, in any adverse manner, any benefits received by the state under the Pittman Robertson Act, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. § 777 et seq.
3. Upon the same findings and determinations outlined above, the governor is authorized, empowered, and directed to transfer, assign, and convey to the Narragansett Tribe of Indians and its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and vehicle over a forty-five foot (45´) wide strip of state land located within the town between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for the parking of automobiles and the launching of boats.
4. The authority herein granted to the governor shall be in addition to any other authority conferred upon him or her by law. The real estate conveyed by the state to the Narragansett Tribe of Indians pursuant to the provisions of this section shall be subject to the civil and criminal laws of the state of Rhode Island and the town of Charlestown, Rhode Island, except as otherwise provided herein, and shall be held in perpetuity for conservation purposes and shall not be improved or developed by the Narragansett Tribe of Indians.

History of Section. P.L. 1985, ch. 386, § 2.

37-18-15. Severability.

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which the judgment shall have been rendered.

History of Section. P.L. 1985, ch. 386, § 2.

37-19-1 — 37-19-11. Repealed.

History of Section. P.L. 1972, ch. 77, § 1; P.L. 1974, ch. 100, § 2; P.L. 1990, ch. 65, art. 86, § 2; Repealed by P.L. 1997, ch. 326, § 166, effective July 8, 1997.

37-20-1. Big River Reservoir — Development prohibited.

1. All land acquired by the state or any subdivision thereof for the development of the “Big River Reservoir” so-called, including any land acquired by the Big River — Wood River Reservoir Site Acquisition Act, P.L. 1964, ch. 133, shall not be sold nor shall the land be developed in any way. The state shall not allow any future development or continued development on that property, and the property shall be designated “open space” as defined in § 45-36-1(1) — (7). Provided, however, that the foregoing shall not be construed to prohibit the use of the said property as a water reservoir, or for the development of wells and well sites together with any infrastructure necessary for the treatment, transmission, storage and distribution of drinking water if the water resources board determines that exploration or development of groundwater is appropriate, then it shall not require legislative action to remove the property from the “open space” for the purposes of groundwater development as defined in § 45-36-1(1) — (8).
2. Non-motorized bicycles are permitted upon and along land designated as the “Big River Management Area”. The water resources board, in consultation with the department of environmental management shall within thirty (30) days of the passage of this act adopt rules and regulations that include but are not limited to the appropriate designated areas and defined hours for said uses in the management area.

History of Section. P.L. 1993, ch. 220, § 2; P.L. 1999, ch. 461, § 5; P.L. 2009, ch. 378, § 1.

37-21-1. Short title.

This chapter shall be known and cited as the “Minority Business Development Compliance Act”.

History of Section. P.L. 1994, ch. 306, § 1.

37-21-2. Repealed.

History of Section. P.L. 1994, ch. 306, § 1; Repealed by P.L. 1997, ch. 30, art. 27, § 1, effective July 1, 1997.

37-21-3. Use of minority business development compliance funding.

1. All sums appropriated for minority business development compliance account shall be used for the primary purpose of developing the monitoring and compliance functions relating to equal opportunity laws and the state’s minority business enterprise programs. The purpose of the program shall be to guarantee maximum minority business enterprise and minority workforce participation on state and federally funded construction projects, and to assure the fullest possible implementation of the state’s minority business enterprise procurement program.
2. Funds shall be used for compliance analysis, on-site monitoring, special studies, outreach to the minority business enterprise community, training and apprenticeship programs, general administration of the program, and related purposes.

History of Section. P.L. 1994, ch. 306, § 1; P.L. 1995, ch. 370, art. 12, § 15; P.L. 1997, ch. 30, art. 27, § 1; P.L. 2011, ch. 363, § 37.

37-21-4, 37-21-5. Repealed.

History of Section. P.L. 1994, ch. 306, § 1; Repealed by P.L. 1997, ch. 30, art. 27, § 1, effective July 1, 1997.

37-22-1. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-2. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-3. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-4. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-5. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-6. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-7. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-8. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-9. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-10. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-11. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-12. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-13. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-22-14. Repealed.

History of Section. P.L. 2002, ch. 111, § 1; P.L. 2002, ch. 427, § 1; Repealed by P.L. 2011, ch. 245, § 5; P.L. 2011, ch. 267, § 5, effective July 9, 2011.

37-23-1. Safety awareness program required.

1. All contractors performing work on municipal and state construction projects with a total project cost of one hundred thousand dollars ($100,000) or more, shall have an OSHA “ten (10) hour construction safety program” for their on-site employees. The training program shall utilize instructors trained by the occupational safety and health administration, using an OSHA approved curriculum. Graduates shall receive a card from the U.S. department of labor occupational safety and health administration certifying the successful completion of the training course.
2. Every person shall have a card issued by the U.S. department of labor occupational safety and health administration certifying their successful completion of the OSHA ten (10) hour training program as required by this section on their person at all times while work is actually being performed on municipal and state construction projects. No person shall transfer their card certifying their successful completion of the OSHA ten (10) hour training program to another person. Failure to comply with this section shall subject the holder to penalties prescribed by the director of the department of labor and training.
3. The director of the department of labor and training shall promulgate rules, regulations, and penalties to enforce the provisions of this section.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-2. Board of safety awareness created.

1. There is hereby established, within the Division of Professional Regulation, a Board of Safety Awareness, hereinafter referred to as “the board”, which shall at all times consist of nine (9) qualified electors of the state, all of whom shall have successfully completed the OSHA ten (10) hour construction safety program.
2. Annually, on or before January 31st, the director of labor and training shall appoint a member or members of the board to succeed the member or members whose term is at that time expiring who shall serve for three (3) years or until his/her successor is appointed and qualified. Any vacancy, which may occur in the board from any cause, shall be filled by the director for the remainder of the unexpired term. In the interest of maintaining consistency, the nine (9) members initially appointed to the Board of Safety Awareness will serve staggered term as follows: the three (3) officers will serve a three (3) year term; three (3) members will serve a two (2) year term; and three (3) members will serve a one (1) year term.
3. The board shall elect from its membership a chairperson, who shall have obtained at least a minimum of the thirty (30) hour construction safety program as it pertains to the construction sector under OSHA regulations 1926.
4. The board shall also elect from its membership a vice-chairperson and a secretary, both of whom shall have successfully completed at least a minimum of the thirty (30) hour construction safety program as it pertains to the construction sector under OSHA regulations 1926.
5. The board shall advise and assist the division of professional regulation on promoting and promulgating such policies as may be necessary to improve safety on construction worksites subject to the approval of the director.
6. The board may recommend to the director of labor and training, the replacement of a member who misses three (3) consecutive regularly scheduled monthly meetings.
7. The final authority on all questions of procedure and parliamentary law not covered by the rules/bylaws of this board or by the Administrative Procedures Act of the State of Rhode Island shall be Robert’s Rules of Order.
8. There shall be a chief investigator for the division who shall have obtained at least a minimum successful completion of the thirty (30) hour construction safety program as it pertains to the construction sector under OSHA regulations 1926. He or she shall be appointed by the director of labor and training, upon recommendation from the board of safety awareness, and the position shall be in the classified service.
9. There shall be a secretary for the safety awareness section who is in the classified service.

History of Section. P.L. 2004, ch. 593, § 2; P.L. 2011, ch. 363, § 38.

37-23-3. Definitions.

1. “On-site Employee” may be regarded as any private person or entity bound by a contractual agreement to provide goods or services to a contractor/developer who must physically enter the place where work is being performed or business being conducted; provided, however, this chapter shall not apply to sales representatives, vendors, or to any person, entity or corporation who delivers building materials and supplies or customized products to a construction site.
2. “Violator(s)” may include, but not be limited to, construction workers, contractors, project developers, site managers, and/or any other individual(s) working on a jobsite.
3. “Division” shall mean the division of professional regulation within the department of labor and training.
4. “Board” shall mean the board of safety awareness.
5. “Department” shall mean Department of Labor and Training.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-4. Exemptions.

The following individuals are exempt from the requirements of the OSHA ten (10) hour construction safety program:

1. Law enforcement officers dealing with traffic control and/or jobsite security;
2. All relevant federal, state and municipal government inspectors.

History of Section. P.L. 2004, ch. 593, § 2; P.L. 2011, ch. 363, § 38.

37-23-5. Training program.

The Board of Safety Awareness has endorsed the Occupational Safety and Health Administration’s (OSHA) Outreach Training Program as the training program through which OSHA authorizes trainers to teach ten (10) hour and thirty (30) hour construction industry occupational safety and health standards, through which successful completion shall be documented.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-6. Work for which OSHA ten (10) hour construction safety program is required.

No person, firm, entity, or corporation shall enter into, engage in, solicit, advertise, bid for, or work on municipal and/or state construction projects with a total project cost of one hundred thousand dollars ($100,000) or more unless that person, firm, entity or corporation has an OSHA ten (10) hour construction safety program for their on-site employees.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-7. Inspection and right of entry.

Authorized staff of the department shall have the right and authority to enter, during times at which work is actually being performed all municipal and state construction projects for the purpose of ascertaining compliance.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-8. Investigation and prosecution of violations.

Authorized staff of the department shall enforce all provisions of law relative to the certification of the successful completion of the OSHA ten (10) hour construction safety program. Whenever a complaint is made to the director that the provisions of this chapter are being violated, the director may issue an order to cease and desist from said violation. The director shall thereupon order an administrative penalty on any person, firm, entity or corporation for any violation of the provisions of this chapter, in the amount of not less than two hundred fifty dollars ($250) nor more than nine hundred and fifty dollars ($950) per offense on each day in which a violation occurs, or the complaint may be dismissed in accordance with the recommendations.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-9. Subpoena of a witness.

The department of labor and training shall have the power to subpoena and bring before it or the board of safety awareness any witness to give testimony either orally or by deposition, or both.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-10. Administration of oaths.

The director of the department of labor and training and his/her designees shall have the authority to administer oaths to witnesses at a hearing, which the department has authorized by law to conduct, and any other oaths authorized or administered by the department.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-11. Appeals.

Any person, firm, entity or corporation who has been assessed a penalty may appeal such to the director within twenty (20) days of receipt of the cease and desist order. The director of the department of labor and training shall refer said appeal to the board. The board, upon completion of any appeal held on a verified complaint, shall present to the director of labor and training, a written report of its findings and recommendations. The director may accept or reject, in whole or in part, the recommended order of the board. The order of the director is final, and a copy of the order shall be immediately served upon the person, firm, or corporation assessed.

History of Section. P.L. 2004, ch. 593, § 2.

37-23-12. Penalties for nonpayment.

Any person, firm, entity, or corporation who has violated chapter 23 of title 37, whether duly registered with the office of the secretary of state or not, and has been assessed a fine by the director of labor and training, is hereby required to submit penalties due to the department of labor and training, within thirty (30) days of notice of the penalty, or the director of labor and training shall have the power to institute injunction proceedings in superior court.

History of Section. P.L. 2004, ch. 593, § 2.

37-24-1. Short title.

This act shall be known and may be cited as “The Green Buildings Act.”

History of Section. P.L. 2009, ch. 212, § 1.

37-24-2. Legislative findings.

It is hereby found and declared as follows:

1. Energy costs for public buildings and public projects are skyrocketing and will likely continue to increase.
2. Energy use by public buildings and public projects contributes substantially to the problems of pollution and global warming.
3. Public buildings and public projects can be built and renovated using high-performance methods that save energy; reduce water consumption; improve indoor air quality, and water; preserve the environment; and make workers and students more productive.
4. This law is necessary to more efficiently spend public funds.

History of Section. P.L. 2009, ch. 212, § 1; P.L. 2017, ch. 394, § 1; P.L. 2017, ch. 418, § 1.

37-24-3. Definitions.

For purposes of this chapter, the following definitions shall apply:

1. “Construction” means the process of building, altering, repairing, improving, or demolishing forty percent (40%) or more of any public structures or buildings, or other public improvements of any kind to any public real property.
2. “Department” means the department of administration.
3. “Equivalent standard” means a high-performance green building standard, other than LEED, LEED for Neighborhood Development, and SITES, that provides a rating system or measurement tool, that, when used, leads to outcomes, similar or equivalent to, LEED, LEED for Neighborhood Development, and SITES outcomes, in terms of green building, green infrastructure, and green site performance; current accepted equivalent standards include green globes, Northeast collaborative high-performance schools protocol; or other equivalent high-performance green building, green infrastructure, and green site standards accepted by the department.
4. “LEED” also, “LEED for Neighborhood Development, and SITES certified standard” means the current version of the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED, LEED for Neighborhood Development, and SITES certified. SITES means the U.S. Green Building Council’s Sustainable Sites Initiative.
5. “Major facility project” means:
   1. A building construction project larger than five thousand (5,000) gross square feet of occupied or conditioned space, and its public real-property site; or
   2. A building renovation project larger than ten thousand (10,000) gross square feet of occupied or conditioned space, and its public real-property site.
6. “Public agency” means every state office, board, commission, committee, bureau, department, or public institution of higher education.
7. “Public facility” means any public institution, public facility, public equipment, or any physical asset owned, including its public real-property site, leased or controlled in whole or in part by this state or any agency or political subdivision thereof.

History of Section. P.L. 2009, ch. 212, § 1; P.L. 2011, ch. 363, § 39; P.L. 2017, ch. 394, § 1; P.L. 2017, ch. 418, § 1.

37-24-4. Green building standards.

1. All major facility projects of public agencies shall be designed and constructed to at least the LEED, LEED for Neighborhood Development, and SITES, as provided herein, certified or an equivalent high-performance green building standard. This provision applies to major facility projects or other public improvements of any kind to any public real property that have not entered the design phase prior to January 1, 2010, for LEED, and July 1, 2017, for LEED for Neighborhood Development and SITES through December 31, 2020, or for up to four (4) projects, whichever comes first, unless otherwise continued or expanded by the general assembly.
2. All major facility projects of a public school district, where the project receives any funding from the state, shall be designed and constructed to at least the LEED, LEED for Neighborhood Development, and SITES, as provided herein, certified standard, or the Northeast Collaborative for High-Performance Schools Protocol, Version 1.1 or above. This provision applies to major facility projects or other public improvements of any kind to any public real property that have not entered the design phase prior to January 1, 2010, LEED for Neighborhood Development, and SITES through December 31, 2020 or for up to four (4) projects, whichever comes first, unless otherwise continued or expanded by the general assembly.
3. A major facility project does not have to meet the LEED, LEED for Neighborhood Development, and SITES certified standard or an equivalent high-performance green building standard if:
   1. There is no appropriate LEED, LEED for Neighborhood Development, and SITES standard or other high-performance green building standard for that type of building or renovation project or other public improvements of any kind to any public real property. In such case, the department will set lesser green building standards that are appropriate to the project.
   2. There is no practical way to apply the LEED, LEED for Neighborhood Development, and SITES standard or other high-performance green building standard to a particular building or renovation project or other public improvements of any kind to any public real property. In such case, the department will set lesser green building standards that are appropriate to the project.
4. The provisions related to LEED for Neighborhood Development and SITES shall continue through December 31, 2020, for up to four (4) projects selected by the department, subject to evaluation and continuation by the general assembly thereafter.

History of Section. P.L. 2009, ch. 212, § 1; P.L. 2017, ch. 394, § 1; P.L. 2017, ch. 418, § 1.

37-24-5. Administration and reports.

1. The department shall promulgate such regulations as are necessary to enforce this section. Those regulations shall include how the department will determine whether a project qualifies for an exception from the LEED, LEED for Neighborhood Development, and SITES certified or equivalent high-performance green building standard, and the lesser green building standards that may be imposed on projects that are granted exceptions. Regulations for LEED for Neighborhood Development and SITES shall be promulgated after December 2020 based on the assessment by the department of up to four (4) eligible state projects selected by the department, and upon continuation of the use of LEED for Neighborhood Development, and SITES by the general assembly.
2. The department shall monitor and document ongoing operating savings that result from major facility projects designed, constructed and certified as meeting the LEED, LEED for Neighborhood Development, and SITES certified standard and annually publish a public report of findings and recommended changes in policy. The report shall also include a description of projects that were granted exceptions from the LEED, LEED for Neighborhood Development, and SITES certified standard, the reasons for exception, and the lesser green building standards imposed.
3. In order to understand the capacity and cost, the department shall test the application of LEED for Neighborhood Development and SITES for up to four (4) state projects. The department, with the assistance from the department of environmental management, shall assess the costs and benefits in accordance with subsection (d) of this section and report to the general assembly on or before December 31, 2020.
4. The annual LEED reports for 2017 through 2020 required under subsection (b) of this section shall include any assessment of costs and benefits of the LEED for Neighborhood Development and SITES standards. The purpose of the assessment is to determine whether the department shall require LEED for Neighborhood Development and SITES standards for major-facility projects beyond December 31, 2020, along with determining any exceptions from the standards that may be required.
5. The department shall create a green buildings advisory committee composed of representatives from the design, construction, lumber, and building materials industries involved in public works contracting; personnel from affected public agencies and school boards that oversee public works projects; and others at the department’s discretion to provide advice on implementing this section. The advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department implement this section.
6. The provisions related to LEED for Neighborhood Development and SITES shall continue through December 31, 2020, for up to four (4) projects selected by the department, subject to evaluation and continuation by the general assembly thereafter.

History of Section. P.L. 2009, ch. 212, § 1; P.L. 2017, ch. 394, § 1; P.L. 2017, ch. 418, § 1.

37-24-6. Protection from liability.

No person, corporation or entity shall be held liable for the failure of a major facility project to meet the LEED, LEED for Neighborhood Development, and SITES certified standard or other standards established for the project as long as a good faith attempt was made to achieve the standard set for the project.

History of Section. P.L. 2009, ch. 212, § 1; P.L. 2017, ch. 394, § 1; P.L. 2017, ch. 418, § 1.