​This Week At the State House
 
Tuesday, March 28th
 
Local control over tobacco is a subject of debate in the House Committee on Municipal Government & Housing, Tuesday at the Rise (approximately 4:30 pm) in the House Lounge.  H.6091, An Act Relating to Towns and Cities – Ordinances, gives each city and town the authority to adopt laws concerning the sale of tobacco products.  This is an attempt to reverse the Rhode Island Supreme Court 2020 decision in “K&W Automotive vs. The Town of Barrington.”  The decision struck down a Barrington ordinance banning tobacco sales and stated that Rhode Island has “a legitimate concern that inconsistent regulations respecting tobacco will lead to confusion and decrease compliance with various federal and state regulations. Additionally, in our judgment, a comprehensive approach is desirable because it will increase the effectiveness of tobacco regulations by preventing persons otherwise prohibited from obtaining a certain tobacco product in one municipality from simply traveling to the nearest municipality that does permit such a purchase.” Should the bill pass into law and municipalities ban the sale of tobacco or change the age at which products can be purchased, the State will have to find alternative sources of revenue as the tax on tobacco products raises over $100 million a year.  Written testimony can be emailed to HouseMunicipalGovernmentandHousing@rilegislature.gov
 
The Committee is also scheduled to take a vote on H.6087, An Act Relating to Property – Landlord Tenant Act.  In its current form, H.6087 prohibits landlords from collecting application fees from potential tenants.  During the lengthy hearing on this bill, witnesses recalled landlords taking application fees and then immediately denying the application while keeping the fee.  Some witnesses told stories of paying the fee only to find out later the landlord had no vacant apartments to rent.  Opponents of the bill argued that legitimate expenses exist in trying to vet potential tenants and that perhaps a balance could be reached – allowing for some amount of fee while penalizing those that abuse the system. A proposed amendment could be posted for consideration as late as Monday at 4:00 pm.
 
Wednesday, March 29th
 
If you decide to attend the House Labor hearing in the House Lounge at the Rise (approximately 4:30 pm) bring your dinner.  There are 27 bills on the agenda, including a vote on H.5929, An Act Relating to Labor and Labor Relations – Fair Employment Practices. This bill declares it an unlawful employment practice to require an employee, as a condition of employment, to execute a nondisclosure agreement or an agreement with a clause that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights.  Any such contract provision shall be void.
 
If you wish to submit written testimony for a bill in the House Labor hearing, send it to HouseLabor@rilegislature.gov  Hearings will take place on the following bills:
 
H.5015, An Act Relating to Labor and Labor Relations - Minimum Wages.  H.5015 eliminates the 2014 minimum wage uniformity clause.  The Chamber advocated strongly for this clause as uniformity helps employers plan for increases, supports efforts to pay employees correctly if they are working in multiple locations, and inhibits competition between municipalities that attempt to attract the same business.  H.5015 allows all 39 cities and towns to adopt their own minimum wage requirement, creating a huge burden on businesses with multiple site locations.
 
H.5372 and H.5747, Acts Relating to Labor and Labor Relations – Payment of Wages create contractor liability for any unpaid wages due to employees of subcontractors or to a third-party.  An employee can choose to file a civil complaint or to file a complaint with the Department of Labor to gain relief.  If the employee chooses the civil complaint route, that employee can be represented by another person, organization or collective bargaining agent.  If an employee files a wage action against a subcontractor, the contractor is jointly and severally liable for all wages, benefits and penalties and attorney fees assessed.  Contractors and subcontractors are not permitted to enter into any agreement that eliminates the contractor’s liability. 
 
H.5588, An Act Relating to Labor and Labor Relations – Minimum Wage, adjusts the minimum wage annually, starting January 1, 2026, at an amount equal to the cost-of-living increase.
 
H.5589, An Act Relating to Labor and Labor Relations – Minimum Wage increases the minimum wage to $15.50 on January 1, 2025, to $17.00 on January 1, 2026, to $18.50 on January 1, 2027 and to $20.00 on January 1, 2028.   In 2021, the General Assembly passed a law phasing in an increase of the minimum wage to reach $15 an hour by January 1, 2025.  Under current law, the minimum wage will change to $14 an hour on January 1, 2024 and to $15 an hour on January 1, 2025.
 
H.5928, An Act Relating to Labor and Labor Relations – Minimum Wage increases the minimum wage to $14.50 on January 1, 2024, to $16.75 on January 1, 2025, to $19.00 on January 1, 2026 and annually thereafter based on the cost-of-living adjustment. 
 
H.6078, An Act Relating to Labor and Labor Relations – Minimum Wage increases the minimum wage to $15.50 on January 1, 2025, to $17.00 on January 1, 2026, to $18.50 on January 1, 2027, to $20.00 on January 1, 2028, and annually thereafter based on the cost-of-living adjustment.
 
H.5592, An Act Relating to Labor and Labor Relations – Inspection of Personnel Files proposes a number of changes to an employee’s right to review personnel files.  Rhode Island law grants employees the right to inspect their own personnel files.  To exercise this right, an employee makes the request, and the employer must allow that employee to see the file within seven days of the request (excluding holidays and Sundays). An employee can request copies from the employer, with the employer having the right to charge a reasonable amount to make the copies. The current law recognizes the employer’s right to maintain the records, and the employee’s right to review the records.  H.5592 reduces the timeframe for an employer to respond to a request from seven days to five days.  The request is no longer for the ability to review documents, but to obtain a full copy of the file at the expense of the employer; and it applies to former employees as well as existing employees.  H.5592 requires employers to keep specific information in the file for a period of three years.  The bill also carries penalties including a $500-$2500 fine to be collected by the Department of Labor, and a fine of $500 to the employee, in addition to any other relief the employee might be entitled to under law.
 
H.5707, An Act Relating to Labor and Labor Relations – Payment of Wages changes an employer’s responsibilities as it relates to providing for employees with statements of earnings.  Today employers must include the hours worked, deductions from gross earnings and an explanation of those deductions.  H.5707 adds items such as the last four digits of the social security number, deduction explanations in the employee’s preferred language, the employer’s address and name, and output information if pay is based on quantity.  H.5707 also requires employers to provide a type of “mini employee handbook” to employees in each employee’s primary language. The information includes items such as: wage information, benefits, holiday information, sick time, and travel and expense policies.  DataUSA reports that 22.4% of Rhode Island households report speaking a primary language other than English.  While the most common non-English language spoken in Rhode Island is Spanish followed by Portuguese, there are reportedly forty-one languages spoken as a primary language in the State.  Some families are fluent in both their primary language and English, others are not.  H.5707 requires employers to adapt to the needs of each individual employee.
 
H.5708, An Act Relating to Labor and Labor Relations – Payment of Wages requires every Rhode Island business, with thirty or more employees, to post competitive salary ranges for open positions on the company’s hiring page or on third-party hiring platforms.  If an employer fails to post the appropriate information, it is guilty of a misdemeanor and can be fined $400 for each separate offense or imprisoned up to one year.
 
 
The following new bills have been filed:
 
Senate Bill No. 716  (Dept. of Labor and Training) Goodwin, DiPalma, Ciccone, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY -- GENERAL PROVISIONS (Eliminates the "until June 30, 2023" sunset on the increase in the total amount of earnings a partial-unemployment insurance claimant can receive before being entirely disqualified for unemployment insurance benefits.) http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0716.pdf
 
Senate Bill No. 753  Valverde, McKenney, DiMario, Miller, Murray, Euer, Sosnowski, Gallo, Gu, Kallman, AN ACT RELATING TO HEALTH AND SAFETY -- BEVERAGE CONTAINER DEPOSIT RECYCLING ACT OF 2023 (Establishes a system for the recycling of beverage containers working with the department of environmental management.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0753.pdf
 
Senate Bill No. 754
BY  DiPalma, Euer, Tikoian, McKenney, Burke, Quezada, F. Lombardi, Zurier, Gu, Picard
ENTITLED, AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- RHODE ISLAND DATA TRANSPARENCY AND PRIVACY PROTECTION ACT (Provides data privacy protections for the personal identifiable information of Rhode Islanders.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0754.pdf
 
Senate Bill No. 759  Gu, Sosnowski, Euer, Mack, Britto, Kallman, DiPalma, Gallo, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GIFT CARD FRAUD (Requires sellers of gift cards to post notice warning of scams/instructing consumers what to do as victims/train employees to identify/respond to fraud/violations punishable by a civil fine of $500.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0759.pdf
 
Senate Bill No. 770  Euer, Cano, Mack, Murray, Lauria, Acosta, DiMario, Miller, Sosnowski, Britto, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE ACT (Establishes requirements which would have to be met by an applicant prior to the issuing of permits for an activity that would have an environmental impact on or would increase the cumulative impacts on an environmental justice area.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0770.pdf
 
Senate Bill No. 778  Lauria, Ruggerio, Pearson, Miller, DiMario, Gu, Lawson, DiPalma, AN ACT RELATING TO TAXATION -- RHODE ISLAND WOMEN'S EQUITY INCENTIVE ACT OF 2023 (Creates the Rhode Island Women’s Equity Incentive Act of 2023 offering tax credits up to $3,500 per employee per year to eligible businesses.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0778.pdf
 
Senate Bill No. 821  Ciccone, Britto, DiPalma, F. Lombardi, Burke, Tikoian, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL SAFETY ACT (Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0821.pdf
 
Senate Bill No. 825  Ruggerio, Pearson, Gallo, DiPalma, LaMountain, Tikoian, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- REAL JOBS RHODE ISLAND ACT (Establishes a real job Rhode Island program, which is an industry-led system to advance the skills of the state's workforce to grow the state's economy and increase sustainable employment for middle-class families.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0825.pdf
 
Senate Bill No. 826  Mack, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Raises the minimum wage for the years 2025, 2026, 2027, 2028 and 2029, to $15.50, $17.00, $18.50, $20.00, and $21.00, per hour, respectively.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0826.pdf
 
Senate Bill No. 827  Mack, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Raises minimum wage on January 1, 2026 and each January 1 thereafter, by the percentage increase in the CPI-U, as published by the US Dept. of Labor Statistics, as of August of the previous year over the level as of August of the year preceding that year.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0827.pdf
 
Senate Bill No. 828  Goodwin, Lawson, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Eliminates repealed statute references and create a mechanism for employees to enforce their existing right to continuation of medical benefits.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0828.pdf
 
House Bill No. 6187  (by request) Dawson, AN ACT RELATING TO TAXATION -- BUSINESS CORPORATION TAX (Exempts new entities in the first two (2) years of existence from paying the minimum tax if annual net taxable income is less than five thousand dollars ($5,000).)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6187.pdf
 
House Bill No. 6196  Alzate, Batista, Giraldo, Potter, Boylan, Speakman, Henries, Felix, Morales, Tanzi, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE ACT (Establishes requirements which would have to be met by an applicant prior to the issuing of permits for an activity that would have an environmental impact on or would increase the cumulative impacts on an environmental justice area.) http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6196.pdf
 
 
 
 
 

​This Week At the State House
 
This week brings a number of Labor bills,  a few general business items, and the opportunity to weigh in on the housing package that is sponsored by the House Speaker and members of his team.  There are no Monday hearings posted this week.
 
Tuesday, March 14th
 
This Week At the State House
 
This week brings a number of Labor bills,  a few general business items, and the opportunity to weigh in on the housing package that is sponsored by the House Speaker and members of his team.  There are no Monday hearings posted this week.
 
Tuesday, March 14th
 
The House Corporations Committee is meeting at the Rise (approximately 4:30pm) in Room 101.  H.5732, An Act Relating to Commercial Law – Gift Card Fraud, requires all entities that sell gift cards to display a notice at the location where cards are sold.  The notice must caution the purchaser about prepaid card scams and instruct the purchaser on what to do if they suspect they might be a potential victim of such a scam. Employers must train employees on how to identify and respond to gift card fraud – the Attorney General is directed to distribute materials to assist with training.  Failure to comply with this law carries a penalty of $500 which shall be overseen by the Superior Court.  Testimony can be submitted to HouseCorporations@rilegislature.gov
 
State purchasing preferences for companies with child care programs is a topic for the House Committee on State Government and Elections, Tuesday at the Rise in the House Lounge.  H.5964, An Act Relating to Public Property and Works – Day Care Programs State Purchases, tries to promote child care related benefits by giving a state bidder preferential treatment.  Preference shall be provided to (1) bidders which possess a stated child care policy when two or more bidders submit equal bids, (2) for bids on contracts of less than $25,000, and (3) for bids for occasional and temporary personal services.  The state is authorized to consider the type of child care program provided, such as, amount of subsidy, parenting seminars, family counseling, flexible hours, family leave options, flexible spending accounts, etc.  Testimony may be submitted to HouseStateGovernmentandElections@rilegislature.gov
 
 
The Senate Commerce Committee will take testimony on S.472, An Act Relating to Commercial Law – Grocery Stores.  This bill limits the number of customer self-checkout stations to six (two less than the House legislative version); and requires stores to maintain one manual check-out station for every self-checkout station in use.  Unlike the House version, S.472 does not include a payment requirement to customers that utilize the self-check-out station.  S.472 could bring under its umbrella grocery stores, pharmacies, and certain retail stores that offer a wide array of goods.  Testimony may be submitted to slegislation@rilegislature.gov
 
 
Wednesday, March 15th
 
This is a big day for the House Labor Committee, meeting at 5:00pm in Room 101.  H.5477, An Act Relating to Labor and Labor Relations – Temporary Disability Insurance, allows self employed individuals to opt in to the TDI/TCI program. Self-employed individual choosing to opt in, become eligible to collect benefits after contributing to the program for twelve months.  H.5477 also increases the taxable wage base to equal the Social Security contribution wage base starting calendar year 2024. In 2023, that wage base is $160,200.  The current taxable wage base for TDI/TCI is $84,000.
 
H.5711, An Act Relating to Corporations – Workers’ Cooperatives, provides exclusive benefits to cooperatives.  Established in 2017, the General Assembly passed a law allowing the creation of an entity where individuals could complete a probationary period as a part-time or full-time employee and become a voting member of the company.  The entity is taxed as a corporation.  The law also states, “To the extent that a workers’ cooperative has shareholders (owners) who are employees (members), the workers’ cooperative shall be subject to the provisions of title 28 related to employees including, but not limited to: department of labor and training payroll taxes, temporary disability insurance, state unemployment insurance and workers’ compensation insurance.”  H.5711 adds a new operational model for cooperatives.  It allows co-ops to adopt, in its bylaws, the ability to furnish skilled labor from its members to other entities and to treat those members as independent contractors for that purpose – not as an employee of the co-op.  If this bill is of interest to you, please submit testimony at HouseLabor@rilegislature.gov or attend in person.
 
H.5927, An Act Relating to Labor and Labor Relations – Fair Employment Practices, changes the definition of employee, for the purposes of the Fair Employment Practices Act, to include apprentices, volunteers and unpaid interns.  Employers could not discriminate against them, must provide disability accommodations, protect them from harassment in the workplace, and all other protections and remedies afforded under Rhode Island General Laws 28-5.
 
H.5929, An Act Relating to Labor and Labor Relations – Fair Employment Practices, This bill states that it is an unlawful employment practice to require an employee as a condition of employment, to execute a nondisclosure agreement or an agreement with a clause that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights. Any contract provision in violation of this subsection shall be void as a violation of public policy.  In previous years, those supporting this legislation stated that this bill did not chill the use of settlement agreements, and further that it was not the intent to discourage settlement agreements.  The Chamber doesn’t have that same comfort level.  Unless the unfair employment practice alleged is so one-sided and concrete as to hit the media, a settlement agreement is going to include a confidentiality agreement.  Without it, the business is better off fighting it to the end – it will be in the public realm anyway.  If the employee wants to retain his or her right to talk about the situation or talk about the employer in a negative way, then that employee can decline the settlement agreement and continue with the lawsuit.  Both parties have a choice under the current law. 
 
If you wish to submit testimony on any of these bills, email it to HouseLabor@rilegislature.gov
 
 
Thursday, March 16th
 
The Housing package is the big topic of the day in the House Committee on Municipal Government & Housing at the Rise in Room 101.  The following is a description of the bills as provided by the House along with a link to the actual language.  If you wish to testify on any of these bills in person, we encourage you to arrive at the State House around 4:00 pm in order to sign in early.  Written testimony can also be submitted to HouseMunicipalGovernmentandHousing@rilegislature.gov

• 2023-H 6081, sponsored by Speaker Shekarchi, this bill would amend Rhode Island’s Low and Moderate Income Housing Act. It would streamline the process of permitting from three steps to two steps, not including pre-application, to follow the purpose of the comprehensive permit process, and sets forth necessary submission items at each stage of the permitting process. The legislation retains current standards, but provides greater clarity for review of approvals and denials to make clearer standards for the review of applications.
• 2023-H 6082, sponsored by Rep. Speakman would amend last year’s legislation (2022-H 7942 SUB B) pertaining to Accessory Dwelling Units (ADUs) to spur production of ADUs, including as a home for populations unable to find suitable affordable housing, such as seniors and college/professional school graduates. The legislation makes clear what ADUs are allowed by right and how they are considered in the local permitting process. It does not take away municipal control of permitting, but only allows two categories by right. The legislation also specifies that ADUs cannot be used for short-term/transient use. The legislation would be effective immediately.
• 2023-H 6085, sponsored by Municipal Government and Housing Committee Chairman Stephen M. Casey (D-Dist. 50, Woonsocket) would require all municipal land use approvals to be consistent with future land use maps so long as the municipality’s comprehensive plan is updated in accordance with statute. The legislation specifies that comprehensive plans must be updated at least every 10 years and that comprehensive plans not updated within 12 years will not be able to be utilized as the basis for local board denials. It also provides accountability and specifies that the city/town must review goals/progress with comprehensive plans annually.
• 2023-H 6084, sponsored by Rep. Leonela Felix (D-Dist. 61, Pawtucket) creates a transit-oriented development pilot program to encourage growth centers along transit corridors identified by state transit plans. The application, award, and reporting process for the pilot program would be outlined via rules and regulations developed by the Secretary of Housing.
• 2023-H 6090, sponsored by Special Legislation Committee Chairwoman Karen Alzate (D-Dist. 60, Pawtucket, Central Falls) would allow, as a permitted use, the adaptive reuse of commercial structures (such as factories, hospitals, offices, malls, religious facilities, and schools) into high density residential developments. The legislation sets forth zoning incentives for development, including parking not required to be over one space per unit and minimum lot size per dwelling unit not to determine density. This bill does not take away the municipal review and permitting process for such developments.
• 2023-H 6087, sponsored by Rep. Cherie L. Cruz (D-Dist. 58, Pawtucket) would eliminate the rental application fee. The legislation would be effective January 1, 2024.
• 2023-H 6086, sponsored by Labor Committee Chairman Arthur J. Corvese (D-Dist. 55) would standardize the type of notice and advertisements required for all land use permitting. This legislation does not alter the persons or properties receiving notification as abutters, and does not change the ability for anyone to request notice under the registry provision passed several years ago.
• 2023-H 6088, sponsored by Rep. Speakman would extend the Special Legislative Commission to Study the Low and Moderate Income Housing Act (2022-H 7091) from 2023 to 2025. The legislation would also extend the purpose of the commission to include “housing affordability.”
• 2023-H 6089, sponsored by Rep. Joshua J. Giraldo (D-Dist. 56, Central Falls) would extend the Special Legislative Commission to Study the Entire Area of Land Use, Preservation, Development, Housing, Environment, and Regulation (2022-H 7576) from 2023 to 2025

 
Friday, March 17th
 
Happy St. Patrick’s Day!!!
 
 
 
The following new bills have been filed:
 
House Bill No. 6142  Alzate, Diaz, Stewart, Cruz, Morales, Shanley, Speakman, Henries, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- DOMESTIC WORKERS' BILL OF RIGHTS (Establishes a bill of rights for domestic workers and provides for a minimum set of benefits relating to working conditions, hours worked and time off from work.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6142.pdf
 
Senate Bill No. 467  Zurier, Lauria, AN ACT RELATING TO HEALTH AND SAFETY -- ZERO-EMISSION LAWN CARE DEVICES (Mandates that by January 1, 2025, all lawn care devices sold in the state have zero emissions and that by January 1, 2028, all lawn care devices used in the state have zero emissions. DEM to promulgate rules and regulations.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0467.pdf
 
Senate Bill No. 472  Lawson, McKenney, Euer, Lauria, DiMario, Cano, Britto, Mack, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GROCERY STORES (Creates a new chapter related to grocery stores, specifically limiting the number of self-service checkout units.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0472.pdf
 
Senate Bill No. 473  Gu, Gallo, Mack, Lawson, McKenney, Valverde, Lauria, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employers in Rhode Island with thirty (30) or more employees would be required to list competitive salary ranges on their job postings on the company's hiring page or third-party websites like Glassdoor, LinkedIn, Indeed or other job boards.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0473.pdf
 
Senate Bill No. 534  Miller, DiPalma, Euer, DiMario, Lawson, Valverde, Murray, Kallman, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Increases the taxable wage base upon which employees make contributions to the TDI and TCI funds, increases individual benefit rates for lower wage individuals, and creates an opt- in option for self-employed workers.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0534.pdf
 
Senate Bill No. 536  Picard, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Limits the assessment of interest to four (4) calendar years prior to the date on which notice of the delinquent payment is sent to the taxpayer.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0536.pdf
 
Senate Bill No. 545  Kallman, DiPalma, Lawson, DiMario, Zurier, Tikoian, Murray, Felag, Ruggerio, Valverde, AN ACT RELATING TO PUBLIC FINANCE -- RHODE ISLAND SECURE CHOICE RETIREMENT SAVINGS PROGRAM ACT (Establishes the Rhode Island secure choice retirement savings program as a public corporation managing IRA-type investments. Requires employers to offer the program to employees or be subject to a $250 penalty per employee.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0545.pdf
 
Senate Bill No. 550  LaMountain, Britto, F. Lombardi, Burke, Lauria, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND SMALL BUSINESS DEVELOPMENT FUND (Expands the definition of a minority business and allows corporation to allocate more than 20k to a small business development fund.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0550.pdf
 
Senate Bill No. 553  Ciccone, F. Lombardi, DiPalma, AN ACT RELATING TO TAXATION – PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of Rhode Island state income taxation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0553.pdf
 
Senate Bill No. 595  Gu, Euer, Kallman, Mack, Valverde, Lauria, AN ACT RELATING TO TOWNS AND CITIES – RHODE ISLAND DEVELOPMENT IMPACT FEE ACT (Allows impact fees to be imposed on commercial properties to subsidize the creation of affordable housing projects within the municipality, at the discretion of the appropriate governmental agency.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0595.pdf
 
Senate Bill No. 631  Murray, AN ACT RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS (Creates a social host statutory framework to address the presence and consumption of controlled substances, including marijuana as it relates to minors, at social parties, gatherings and events.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0631.pdf
 
Senate Bill No. 663  Acosta, Kallman, Mack, Euer, Murray, LaMountain, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employer to furnish items and conditions of employment and a pay stub explaining how wages were calculated/reasons for deductions/allows the employee to file a court action against employer for violation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0663.pdf
 
Senate Bill No. 664  de la Cruz, Rogers, Raptakis, Lombardo, E Morgan, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AND WORK ACT (Establishes an occupational regulatory framework by authorizing the issuance of occupational licenses and government certifications by recognition for qualified worker applicants from other states.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0664.pdf
 
 

State purchasing preferences for companies with child care programs is a topic for the House Committee on State Government and Elections, Tuesday at the Rise in the House Lounge.  H.5964, An Act Relating to Public Property and Works – Day Care Programs State Purchases, tries to promote child care related benefits by giving a state bidder preferential treatment.  Preference shall be provided to (1) bidders which possess a stated child care policy when two or more bidders submit equal bids, (2) for bids on contracts of less than $25,000, and (3) for bids for occasional and temporary personal services.  The state is authorized to consider the type of child care program provided, such as, amount of subsidy, parenting seminars, family counseling, flexible hours, family leave options, flexible spending accounts, etc.  Testimony may be submitted to HouseStateGovernmentandElections@rilegislature.gov
 
 
The Senate Commerce Committee will take testimony on S.472, An Act Relating to Commercial Law – Grocery Stores.  This bill limits the number of customer self-checkout stations to six (two less than the House legislative version); and requires stores to maintain one manual check-out station for every self-checkout station in use.  Unlike the House version, S.472 does not include a payment requirement to customers that utilize the self-check-out station.  S.472 could bring under its umbrella grocery stores, pharmacies, and certain retail stores that offer a wide array of goods.  Testimony may be submitted to slegislation@rilegislature.gov
 
 
Wednesday, March 15th
 
This is a big day for the House Labor Committee, meeting at 5:00pm in Room 101.  H.5477, An Act Relating to Labor and Labor Relations – Temporary Disability Insurance, allows self employed individuals to opt in to the TDI/TCI program. Self-employed individual choosing to opt in, become eligible to collect benefits after contributing to the program for twelve months.  H.5477 also increases the taxable wage base to equal the Social Security contribution wage base starting calendar year 2024. In 2023, that wage base is $160,200.  The current taxable wage base for TDI/TCI is $84,000.
 
H.5711, An Act Relating to Corporations – Workers’ Cooperatives, provides exclusive benefits to cooperatives.  Established in 2017, the General Assembly passed a law allowing the creation of an entity where individuals could complete a probationary period as a part-time or full-time employee and become a voting member of the company.  The entity is taxed as a corporation.  The law also states, “To the extent that a workers’ cooperative has shareholders (owners) who are employees (members), the workers’ cooperative shall be subject to the provisions of title 28 related to employees including, but not limited to: department of labor and training payroll taxes, temporary disability insurance, state unemployment insurance and workers’ compensation insurance.”  H.5711 adds a new operational model for cooperatives.  It allows co-ops to adopt, in its bylaws, the ability to furnish skilled labor from its members to other entities and to treat those members as independent contractors for that purpose – not as an employee of the co-op.  If this bill is of interest to you, please submit testimony at HouseLabor@rilegislature.gov or attend in person.
 
H.5927, An Act Relating to Labor and Labor Relations – Fair Employment Practices, changes the definition of employee, for the purposes of the Fair Employment Practices Act, to include apprentices, volunteers and unpaid interns.  Employers could not discriminate against them, must provide disability accommodations, protect them from harassment in the workplace, and all other protections and remedies afforded under Rhode Island General Laws 28-5.
 
H.5929, An Act Relating to Labor and Labor Relations – Fair Employment Practices, This bill states that it is an unlawful employment practice to require an employee as a condition of employment, to execute a nondisclosure agreement or an agreement with a clause that requires alleged violations of civil rights remain confidential, or a non-disparagement agreement concerning alleged violations of civil rights. Any contract provision in violation of this subsection shall be void as a violation of public policy.  In previous years, those supporting this legislation stated that this bill did not chill the use of settlement agreements, and further that it was not the intent to discourage settlement agreements.  The Chamber doesn’t have that same comfort level.  Unless the unfair employment practice alleged is so one-sided and concrete as to hit the media, a settlement agreement is going to include a confidentiality agreement.  Without it, the business is better off fighting it to the end – it will be in the public realm anyway.  If the employee wants to retain his or her right to talk about the situation or talk about the employer in a negative way, then that employee can decline the settlement agreement and continue with the lawsuit.  Both parties have a choice under the current law. 
 
If you wish to submit testimony on any of these bills, email it to HouseLabor@rilegislature.gov
 
 
Thursday, March 16th
 
The Housing package is the big topic of the day in the House Committee on Municipal Government & Housing at the Rise in Room 101.  The following is a description of the bills as provided by the House along with a link to the actual language.  If you wish to testify on any of these bills in person, we encourage you to arrive at the State House around 4:00 pm in order to sign in early.  Written testimony can also be submitted to HouseMunicipalGovernmentandHousing@rilegislature.gov

• 2023-H 6081, sponsored by Speaker Shekarchi, this bill would amend Rhode Island’s Low and Moderate Income Housing Act. It would streamline the process of permitting from three steps to two steps, not including pre-application, to follow the purpose of the comprehensive permit process, and sets forth necessary submission items at each stage of the permitting process. The legislation retains current standards, but provides greater clarity for review of approvals and denials to make clearer standards for the review of applications.
• 2023-H 6082, sponsored by Rep. Speakman would amend last year’s legislation (2022-H 7942 SUB B) pertaining to Accessory Dwelling Units (ADUs) to spur production of ADUs, including as a home for populations unable to find suitable affordable housing, such as seniors and college/professional school graduates. The legislation makes clear what ADUs are allowed by right and how they are considered in the local permitting process. It does not take away municipal control of permitting, but only allows two categories by right. The legislation also specifies that ADUs cannot be used for short-term/transient use. The legislation would be effective immediately.
• 2023-H 6085, sponsored by Municipal Government and Housing Committee Chairman Stephen M. Casey (D-Dist. 50, Woonsocket) would require all municipal land use approvals to be consistent with future land use maps so long as the municipality’s comprehensive plan is updated in accordance with statute. The legislation specifies that comprehensive plans must be updated at least every 10 years and that comprehensive plans not updated within 12 years will not be able to be utilized as the basis for local board denials. It also provides accountability and specifies that the city/town must review goals/progress with comprehensive plans annually.
• 2023-H 6084, sponsored by Rep. Leonela Felix (D-Dist. 61, Pawtucket) creates a transit-oriented development pilot program to encourage growth centers along transit corridors identified by state transit plans. The application, award, and reporting process for the pilot program would be outlined via rules and regulations developed by the Secretary of Housing.
• 2023-H 6090, sponsored by Special Legislation Committee Chairwoman Karen Alzate (D-Dist. 60, Pawtucket, Central Falls) would allow, as a permitted use, the adaptive reuse of commercial structures (such as factories, hospitals, offices, malls, religious facilities, and schools) into high density residential developments. The legislation sets forth zoning incentives for development, including parking not required to be over one space per unit and minimum lot size per dwelling unit not to determine density. This bill does not take away the municipal review and permitting process for such developments.
• 2023-H 6087, sponsored by Rep. Cherie L. Cruz (D-Dist. 58, Pawtucket) would eliminate the rental application fee. The legislation would be effective January 1, 2024.
• 2023-H 6086, sponsored by Labor Committee Chairman Arthur J. Corvese (D-Dist. 55) would standardize the type of notice and advertisements required for all land use permitting. This legislation does not alter the persons or properties receiving notification as abutters, and does not change the ability for anyone to request notice under the registry provision passed several years ago.
• 2023-H 6088, sponsored by Rep. Speakman would extend the Special Legislative Commission to Study the Low and Moderate Income Housing Act (2022-H 7091) from 2023 to 2025. The legislation would also extend the purpose of the commission to include “housing affordability.”
• 2023-H 6089, sponsored by Rep. Joshua J. Giraldo (D-Dist. 56, Central Falls) would extend the Special Legislative Commission to Study the Entire Area of Land Use, Preservation, Development, Housing, Environment, and Regulation (2022-H 7576) from 2023 to 2025

 
Friday, March 17th
 
Happy St. Patrick’s Day!!!
 
 
 
The following new bills have been filed:
 
House Bill No. 6142  Alzate, Diaz, Stewart, Cruz, Morales, Shanley, Speakman, Henries, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- DOMESTIC WORKERS' BILL OF RIGHTS (Establishes a bill of rights for domestic workers and provides for a minimum set of benefits relating to working conditions, hours worked and time off from work.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6142.pdf
 
Senate Bill No. 467  Zurier, Lauria, AN ACT RELATING TO HEALTH AND SAFETY -- ZERO-EMISSION LAWN CARE DEVICES (Mandates that by January 1, 2025, all lawn care devices sold in the state have zero emissions and that by January 1, 2028, all lawn care devices used in the state have zero emissions. DEM to promulgate rules and regulations.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0467.pdf
 
Senate Bill No. 472  Lawson, McKenney, Euer, Lauria, DiMario, Cano, Britto, Mack, AN ACT RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GROCERY STORES (Creates a new chapter related to grocery stores, specifically limiting the number of self-service checkout units.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0472.pdf
 
Senate Bill No. 473  Gu, Gallo, Mack, Lawson, McKenney, Valverde, Lauria, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employers in Rhode Island with thirty (30) or more employees would be required to list competitive salary ranges on their job postings on the company's hiring page or third-party websites like Glassdoor, LinkedIn, Indeed or other job boards.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0473.pdf
 
Senate Bill No. 534  Miller, DiPalma, Euer, DiMario, Lawson, Valverde, Murray, Kallman, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Increases the taxable wage base upon which employees make contributions to the TDI and TCI funds, increases individual benefit rates for lower wage individuals, and creates an opt- in option for self-employed workers.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0534.pdf
 
Senate Bill No. 536  Picard, AN ACT RELATING TO TAXATION -- STATE TAX OFFICIALS (Limits the assessment of interest to four (4) calendar years prior to the date on which notice of the delinquent payment is sent to the taxpayer.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0536.pdf
 
Senate Bill No. 545  Kallman, DiPalma, Lawson, DiMario, Zurier, Tikoian, Murray, Felag, Ruggerio, Valverde, AN ACT RELATING TO PUBLIC FINANCE -- RHODE ISLAND SECURE CHOICE RETIREMENT SAVINGS PROGRAM ACT (Establishes the Rhode Island secure choice retirement savings program as a public corporation managing IRA-type investments. Requires employers to offer the program to employees or be subject to a $250 penalty per employee.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0545.pdf
 
Senate Bill No. 550  LaMountain, Britto, F. Lombardi, Burke, Lauria, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND SMALL BUSINESS DEVELOPMENT FUND (Expands the definition of a minority business and allows corporation to allocate more than 20k to a small business development fund.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0550.pdf
 
Senate Bill No. 553  Ciccone, F. Lombardi, DiPalma, AN ACT RELATING TO TAXATION – PERSONAL INCOME TAX (Adds one new income tax bracket for purposes of Rhode Island state income taxation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0553.pdf
 
Senate Bill No. 595  Gu, Euer, Kallman, Mack, Valverde, Lauria, AN ACT RELATING TO TOWNS AND CITIES – RHODE ISLAND DEVELOPMENT IMPACT FEE ACT (Allows impact fees to be imposed on commercial properties to subsidize the creation of affordable housing projects within the municipality, at the discretion of the appropriate governmental agency.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0595.pdf
 
Senate Bill No. 631  Murray, AN ACT RELATING TO FOOD AND DRUGS -- SOCIAL HOST REGULATIONS (Creates a social host statutory framework to address the presence and consumption of controlled substances, including marijuana as it relates to minors, at social parties, gatherings and events.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0631.pdf
 
Senate Bill No. 663  Acosta, Kallman, Mack, Euer, Murray, LaMountain, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Requires employer to furnish items and conditions of employment and a pay stub explaining how wages were calculated/reasons for deductions/allows the employee to file a court action against employer for violation.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0663.pdf
 
Senate Bill No. 664  de la Cruz, Rogers, Raptakis, Lombardo, E Morgan, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- FREEDOM TO TRAVEL AND WORK ACT (Establishes an occupational regulatory framework by authorizing the issuance of occupational licenses and government certifications by recognition for qualified worker applicants from other states.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0664.pdf
 

​IRS warns taxpayers of new filing season scams involving Form W-2 wages; those filing fake returns face potential penalties, investigation
 
IR-2023-38, March 3, 2023
 
WASHINGTON – The Internal Revenue Service issued a consumer alert today to warn taxpayers of new scams that urge people to use wage information on a tax return to claim false credits in hopes of getting a big refund.
 
One scheme, which is circulating on social media, encourages people to use tax software to manually fill out Form W-2, Wage and Tax Statement, and include false income information. In this W-2 scheme, scam artists suggest people make up large income and withholding figures as well as the employer it is coming from. Scam artists then instruct people to file the bogus tax return electronically in hopes of getting a substantial refund – sometimes as much as five figures – due to the large amount of withholding.
 
The IRS along with the Security Summit partners in the tax industry and the states, are actively watching for this scheme and others. In addition, the IRS works with payroll companies and large employers – as well as the Social Security Administration – to verify W-2 information.
 
With National Consumer Protection Week starting Monday, the IRS and Summit partners warn people not to fall for these scams.
 
“We are seeing signs this scam is increasing, and we worry that innocent taxpayers could be at risk of being tempted into falling into a trap that puts them at risk of financial and criminal penalties,” said Acting IRS Commissioner Doug O’Donnell. “The IRS and Security Summit partners remind people there is no secret way to get free money or a big refund. People should not make up income and try to submit a fraudulent tax return in hopes of getting a huge refund.”
 
Two variations of this scheme are also being seen by the IRS; both involve misusing Form W-2 wage information in hopes of generating a larger refund:
 

• One variation involves people using Form 7202, Credits for Sick Leave and Family Leave for Certain Self-Employed Individuals, to claim a credit based on income earned as an employee and not as a self-employed individual. These credits were available for self-employed individuals for 2020 and 2021 during the pandemic; they are not available for 2022 tax returns.
• A similar variation involves people making up fictional employees employed in their household and using Schedule H, Household Employment Taxes, to try claiming a refund based on false sick and family wages they never paid. The form is designed to report household employment taxes if a taxpayer hired someone to do household work and those wages were subject to Social Security, Medicare or FUTA taxes, or if the employer withheld federal income tax from those wages.

 
The IRS reminds people who try this that they face a wide range of penalties. This may include a frivolous return penalty of $5,000. Filers also run the risk of criminal prosecution for filing a false tax return.
 
For anyone who has participated in one of these schemes, there are several options that the IRS recommends. People can amend a previous tax return or consult with a trusted tax professional.
 
 
-30-
 

​Bill Filing Continues
 
Last week, General Assembly members introduced 315 new bills, bringing the total number of bills thus far to 1,573.  We continue to hear that a record number of bills will be filed this year; and we are anticipating hundreds more to be introduced in the upcoming week.  Keep watching Advocacy in Action for the latest updates.
 
Monday, March 6th
 
Unfortunately, with so many bills in the hopper, the Monday hearings appear to be returning.  If you have an interest in any bills, but are unable to submit testimony by the Monday deadline, please submit your testimony to the appropriate committee as soon as you can, and reach out to your local legislators.  Your voice is important and a deadline missed does not mean your voice cannot be heard.
 
The House Judiciary Committee is meeting Monday at 2:00 p.m. in Room 35.  The hearing includes abortion bills on the docket so it has the potential to be a long hearing.  There are also a couple bills of interest to the business community. 
 
H.5439, An Act Relating to Courts and Civil Procedure – Procedure Generally – Causes of Action, allows for punitive damages for willful or wanton conduct and for reckless disregard for health and safety.  The bill goes on to define “willful or wanton conduct” as “conduct committed which the actor knew or should have known was dangerous or was done heedlessly and recklessly and without regard to consequences or the rights and safety of others.”  This change is dramatic and will likely lead to more litigation.  Black’s Law Dictionary defines “heedlessness as, “The quality of being thoughtless and inconsiderate; conduct whereby the actor disregards the rights and safety of others.”  Since 2002, the United States Chamber of Commerce Institute for Legal Reform has completed studies on the liability systems of all fifty states.  In the 2019 survey, Rhode Island ranked 24th for overall ranking of State Liability Systems.  The most favorable rankings Rhode Island received in this study were 12th in overall treatment of tort and contract litigation and 12th in trial judge impartiality.  Rhode Island ranked 17th in damages. In all other categories, Rhode Island ranked much higher.  To expand the ability to sue for punitive damages - meant to punish a party not make a victim whole - will make it more difficult for organizations like the Chamber to do its job effectively.  If passed, we believe Rhode Island will drop further down the US Chamber Institute for Legal Reform rankings, as it will affect the two best rankings our state received in the 2019 study.
 
H.5440, An Act Relating to Courts and Civil Procedure – Procedure Generally – Decisions, Special Findings and Assessment of Damages, is also on the hearing schedule.  H.5440 changes Rhode Island law by explicitly declaring that an injured person who is deemed to have assumed the risk by voluntarily participating in an activity known to potentially cause harm is not barred from recovery.  Businesses involved in activities that include a degree of risk (sports, recreational activities) should pay particular attention to this bill, as should businesses with property accessible to the public or entities involved in spectator sports.
 
 
Tuesday, March 7th
 
The House Municipal Government and Housing Committee is meeting at the Rise (approximately 4:30 p.m.) in Room 101.  H.5600 An Act Relating to Public Property and Works – All Electric Building Act, will be heard by the committee members.  H.5600 bans municipalities from issuing a permit for the construction of any new mixed-fuel or fossil fueled commercial, residential or mixed-use buildings if the initial application is submitted after December 31, 2024.  A blanket exemption exists for hospitals, medical facilities, biological research laboratories and restaurants.  The bill does allow a municipality to modify a permit to allow some fossil fuel infrastructure if there is evidence to show the building cannot “feasibly” operate with all electric appliances, or if the building code requirements can’t be met without gas or oil.  Under these circumstances the building would be permitted to install infrastructure for fossil fuel uses, alongside electricity infrastructure so that appliances and other systems are ready to switch when the products become available in the future.  H.5600 specifically states that “Financial considerations shall not be a sufficient basis to determine physical or technical infeasibility.” 
 
H.5600 bans local permitting or construction permits that would convert all-electric buildings of any type to mixed-fuel buildings where the initial application was submitted after December 31, 2024.
 
Lastly, H.5600 requires the Public Utilities Commission, together with the Office of Housing Community Development and the State Building Code Commission, to file a report by February 1, 2025, outlining necessary policies that should be put in place to ensure the all-electric building act does not affect the affordability of electricity – defined as more than 6% of a residential customer’s income.
 
According to the Energy Information Agency, in December, 2022, the average price of electricity for a commercial user in Rhode Island was the 7th highest in the country, behind Hawaii, New Hampshire, California, Massachusetts, Connecticut and Alaska.  For industrial users, Rhode Island had the 2nd highest rate in the country – second only to Hawaii.  H.5600 seems to suggest that should a switch to all electric energy result in a higher price for the commodity, the PUC would be encouraged to lower the rate for residential users and place the financial burden on to the business community. 
 
Rhode Island has greenhouse emission reduction requirements it must meet due to the passage of the 2021 Act on Climate.  The Chamber will be urging the committee not to pass H.5600 at this time but to allow the state agencies to perform all of their due diligence concerning options available to meet the new state law, along with cost data and energy supply data so that all of the Rhode Island public will understand where we are going, why, and what to expect as we transform into a green energy economy. 
 
Thursday, March 9th
 
The House Committee on Environment and Natural Resources is meeting at the Rise (4:30 p.m) in Room 101.
 
H.5549, An Act Relating to Health and Safety – Zero Emission Lawn Care Devices, requires all lawn care devices – personal or commercial – used in Rhode Island to be zero emission devices by January 1, 2028.  Only zero emission lawn care devices could be sold in Rhode Island as of January 1, 2025.  The bill calls for a trade-in program for gas powered devices as available funds permit.  Anyone using a banned device after January 1, 2028 is subject to a fine of $50 for the first offense, $100 for the second offense and $500 for each offense thereafter.
 
H.5425, An Act Relating to Public Property and Works – The Green Buildings Act, requires the Office of Energy Resources to establish building energy performance standards for large commercial and residential buildings.  “Large building” includes residential and commercial buildings with 25,000 sq. ft or more starting January 1, 2023.  Beginning January 1, 2026, the definition includes buildings with more than 20,000 sq. ft. and it brings in buildings with over 15,000 sq. ft. starting January 1, 2029.  Owners of large buildings would be required to fill out annual reports disclosing energy use.  Should buildings not meet the required energy performance standards adopted by the state, the bill outlines pathways to gradually decrease energy use and emissions until the building comes into compliance.
 
H.6055, An Act Relating to Motor and Motor Vehicles – Motor Vehicle Emissions Inspection Program requires the Rhode Island Department of Environmental Management to adopt motor vehicle emissions standards based on California’s standards unless it finds the California standards will not achieve a greater pollution reduction than federal standards.  Last year, the California Air Resources Board adopted regulations called Advanced Clean Cars II.  The regulations are two-pronged.  First, it requires an increasing number of zero-emission vehicles in the state until the percentage reaches 100% of sales by 2035, and second, the California Low-Emission Vehicle Regulation was amended to include more stringent standards for gasoline cars and heavier passenger trucks through 2025.  California has made a $2.4 billion investment in vehicle incentives, charging infrastructure and public outreach.  In 2021, there were an estimated 39 million people in the state of California.
 
 
The following new bills have been filed:
 
House Bill No. 5834  Lima, Cardillo, J. Brien, AN ACT RELATING TO PUBLIC FINANCE -- STATE FUNDS (Requires persons or entities receiving government funds to disclose the names of their contractors and subcontractors.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5834.pdf
 
House Bill No. 5835  Lima, Cardillo, P. Morgan, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - REGULATION OF SALES TAX CREDITS (Requires the attorney general’s office to regulate the sale of tax credits, including such actions as establishing qualifications and a certified list of those authorized to act as brokers and salespersons of tax credits.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5835.pdf
 
House Bill No. 5838  Kennedy, Azzinaro, Diaz, Ackerman, Casimiro, Bennett, AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- FACILITATING BUSINESS RAPID RESPONSE TO STATE DECLARED DISASTER ACT OF 2023 (Provides thresholds for establishing presence, residency or doing business in the state for out-of-state employees and businesses during a state of emergency declared by either the Governor or the President of the United States.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5838.pdf
 
House Bill No. 5902  Craven, Caldwell, Bennett, Morales, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Increases the criminal penalties for wage theft and employee misclassification.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5902.pdf
 
House Bill No. 5927  Tanzi, Boylan, Cruz, Donovan, Speakman, Vella-Wilkinson, Felix, Hull, Spears, Potter, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENTS PRACTICES (Expands the definition of employee to include individuals under appointment or contract of hire or apprenticeship, volunteers or unpaid interns and decreases from 4 to 1 the number of employees required to trigger the designation of employer.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5927.pdf
 
House Bill No. 5928  Henries, Stewart, Sanchez, Morales, Felix, Alzate, J. Lombardi, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Effective January 1, 2024, increases the minimum hourly wage to fourteen dollars and fifty cents ($14.50) to sixteen dollars and seventy-five cents ($16.75) the next year, the next year to nineteen dollars ($19.00).)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5928.pdf
 
House Bill No. 5989  (Dept. of Labor and Training)  McEntee, Caldwell, O'Brien, Casimiro, Kazarian, Spears, Fogarty, Dawson, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY -- GENERAL PROVISIONS (Eliminates the "until June 30, 2023" sunset on the increase in the total amount of earnings a partial-unemployment insurance claimant can receive before being entirely disqualified for unemployment insurance benefits.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5989.pdf
 
House Bill No. 5990  Giraldo, Morales, Sanchez, Cruz, Stewart, Voas, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND PARENTAL AND FAMILY MEDICAL LEAVE ACT (Increases the amount of unpaid parental or family leave available to an employee, from thirteen (13) weeks to twenty-six (26) weeks, in any two (2) calendar years.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5990.pdf
 
House Bill No. 6003  O'Brien, McEntee, Craven, Caldwell, Dawson, Serpa, Bennett, Diaz, Corvese, Vella-Wilkinson, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND SMALL BUSINESS DEVELOPMENT FUND (Expands the definition of a minority business and allows corporation to allocate more than 20k to a small business development fund.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6003.pdf
 
House Bill No. 6014  Rea, Shallcross Smith, Chippendale, Newberry, Place, Nardone, Sanchez, McNamara, Noret, Cardillo, AN ACT RELATING TO TAXATION -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION (Phases in a permanent tax exemption over 5 years for tangible personal property of businesses of less than $250,000 of assessed value. Provides reimbursement from state revenues for the amount of lost tax revenue resulting from the exemption.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6014.pdf
 
House Bill No. 6055  Cortvriend, Tanzi, Speakman, McGaw, Handy, Spears, Potter, Carson, AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM (Requires the DEM adopt motor vehicle emissions standards based on California's promulgated standards; provided that, the California standards achieve greater motor vehicle pollution reductions than the federal standards as required by § 31-47.1-1(a).)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6055.pdf
 
House Bill No. 6079  Sanchez, Morales, Felix, Cardillo, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION -- BENEFITS (Prevents employers from discriminating against an employee because the employee has exercised a right and worker's compensation benefits.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6079.pdf
 
House Bill No. 6107  Cotter, Casimiro, Carson, Donovan, Boylan, Cruz, Speakman, Kazarian, Spears, Stewart, AN ACT RELATING TO TAXATION -- RESIDENTIAL RENEWABLE ENERGY SYSTEM TAX CREDIT (Allows a taxpayer to donate residential renewable energy system tax credits to nonprofit organizations and subtract the corresponding amount of credits from federal adjusted gross income.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H6107.pdf

​
 
For Immediate Release
 
Contact:                                                                                                                        
Katie Blais
Community Programming and Events Manager
Mount Hope Farm
Tel: 401-245-1745  
Email: katie@mounthopefarm.org
                                                                         
                                                                                                                            
** Calendar Listings **
Events at Mount Hope Farm
March / April 2023
 
Recurring - Saturdays, 9  am to 12:30   Join us at our ongoing Farmers Market in our historic Barn with vendors of produce, baked goods, meat, cocktails and prepared foods, along with artisans and more. Details: mounthopefarm.org/farmers-market
Daily Throughout March, 8 am to 6 pm   The StoryWalk at Mount Hope Farm features the gorgeous children's book Old Rock is Not Boring  this month. If the StoryWalk concept is new to you, think of it as a great family outing where you enjoy nature and get a bit of exercise while stopping at stations that feature pages from a book perfect for young readers. Details: mounthopefarm.org/story-walk
Sunday, March 19, 10 to 11 am   Warm up on winter Sunday mornings with gentle vinyasa flow and guided breath yoga in our cozy Barn. All levels are welcome. Sessions led by certified instructor Valerie Griffiths. Farm Members: $12 per session. Nonmembers: $15 per session. Details/registration: mounthopefarm.org/upcoming-events
Tuesday, March 21, 7:30 pm to 9 pm   Join Dr. Adria Updike assistant professor of Physics at Roger Williams as she leads stargazers on a Spring Equinox Astronomy Walk through the Farm trails and out to Cove Cabin. Farm. Farm Members: $12 per session. Nonmembers: $15 per session. Details/registration: mounthopefarm.org/upcoming-events
Saturday, March 25, 9 am to 12:30 pm   Recycle your electronics when Indie Cycle visits the Farmers Market at Mount Hope Farm. Accepting computers, TVs, monitors, printers, small household appliances, air conditioners, and much more. (Note: fee required for some items.) Details: https://indiecycle.blogspot.com/
Tuesday, March 28, 5 pm to 8 pm   Join us for a fresh take on networking with our friend and local food economist Rely on Rach for a Sunset Social. Enjoy an evening of casual conversation and connection as we mingle and share ideas, struggles, and wins. We'll bring out the solo stoves to keep it cozy and provide snacks from our friends at Wedge and Newport Chowder Co. Details/registration: mounthopefarm.org/upcoming-events
 
Thursday, April 6, 6 pm to 8 pm   Enjoy an evening out with friends and Jessica Cook of Quintessential Gardens for garden chats, flower arranging, and tasty cocktails from Two Gals Cocktails. With spring beginning and Easter around the corner join us for a Blooming Bulbs Workshop as we share hope for what is to come and get creative arranging locally grown spring ephemerals (bulbs, ranunculus, hellebores, forced branches). We will also discuss planting and growing some of these beauties in your own gardens. Details/registration: mounthopefarm.org/upcoming-events
 
Saturday, April 15, 10 am to 2 pm   The Farmers Market is hitting the road and heading back to Pivotal Brewery for a special Spring Fling Market. Enjoy all your favorite vendors plus additional artisan vendors and food trucks. Try out Pivotals large variety of beer and enjoy the rest of Unity Park! Details: https://www.mounthopefarm.org/farmers-market
 
Thursday, April 20, 6 to 8 pm   Two local physicians – Michael Fine, MD, and Edward Iannuccilli, MD – speak about expanding their medical careers to become published authors in a conversation entitled Doctoring Words. They share their stories of expanding their horizons to become published authors of memoirs, fiction and nonfiction, and offer tips on how you, too, can write your story and get it in print. Moderated by Dante Bellini, Jr., the director of the award-winning film Ken Burns: Here & There. Farm Members: $15. Nonmembers: $20. Details/registration: mounthopefarm.org/upcoming-events
 
About Mount Hope Farm: Mount Hope Farm is a 127-acre national historic site located in Bristol, Rhode Island. The property is privately owned and governed by The Mount Hope Trust in Bristol and is on the national register of historic placed since 1976. The Farm is a non-profit whose mission is to preserve and protect the integrity of its natural assets and its historical structures. 
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For Immediate Release
 
Contact:                                                                                                                        
Katie Blais
Community Programming and Events Manager
Mount Hope Farm
Tel: 401-245-1745  
Email: katie@mounthopefarm.org
                                                                         
                                                                                                                            
A Vintage Market is headed to Mount Hope Farm this spring!
 
 
February 7, 2023 (Bristol, RI) ‒ A curated Vintage Market is coming to Mount Hope Farm in Bristol over the weekend of May 20th and 21st.  Mount Hope Farm is thrilled to be partnering with well-known local business owner and vintage furniture extraordinaire, Jenna Kinghorn of Blanc & Bleu to present Bristol Vintage Market – a curated market of vintage finds, handmade goods, and local artisans.  To enhance the shopper experience Mount Hope Farm will have food trucks and live music for shoppers’ enjoyment!
 Shoppers will be able to peruse booths with styles ranging including farmhouse, coastal, mid-century modern, European, traditional, and more. Customers can purchase unique pieces as well as gain inspiration for their own space all in the pastoral and historical setting of Mount Hope Farm.
“The history and open space of Mount Hope Farm lends itself perfectly to a market that repurposes and reimagines vintage pieces for today, It should be a fun event for all ages!” said Katie Blais, Community Events Manager, Mount Hope Farm.
The event will be ticketed with the option to purchase a one-day ticket or weekend ticket providing access to the market on Saturday and Sunday.  Members of Mount Hope Farm will have special access to the market shopping one hour before the market opens to the public
The application for vendors is open now through March 31, 2023. Interested vendors can visit https://www.mounthopefarm.org/bristol-vintage-market to learn more.
About Mount Hope Farm: Mount Hope Farm is a 127-acre national historic site located in Bristol, Rhode Island. The property is privately owned and governed by The Mount Hope Trust in Bristol and is on the national register of historic placed since 1976. The Farm is a non-profit whose mission is to preserve and protect the integrity of its natural assets and its historical structures. 
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Legislative Break Week


With no hearings scheduled at the State House this week, we will be highlighting a few pieces of legislation that, if passed, will have an impact on Chamber members.  Last week the House released 200 new bills and extended its bill filing deadline to February 28th.  The Senate introduced 286 new bills.


Labor Bills Introduced


S.145, An Act Relating to Labor and Labor Relations – RI Parental and Family Medical Leave Act, (introduced by Senators Cano, DiMario, Quezada, Euer, Lawson, Pearson, Burke, McKenney, and DiPalma).  The bill increases unpaid family leave from 13 weeks to 24 weeks over a two-year period.  If an employer provides paid leave to employees for a period of time, the additional weeks added under this proposal may remain as unpaid leave. The bill calls for an effective date “upon passage.”  The law, as it stands today, applies to employers with 50 or more employees.  Leave is available for the care of family members, defined as “a parent, spouse, child, mother-in-law, father-in-law, or the employee himself or herself.”  http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0145.pdf




S.430, An Act Relating to Labor and Labor Relations – Minimum Wages (introduced by Senators Quezada, Euer, Cano, DiMario, Acosta, Lawson, Miller, Pearson, Valverde, and Kallman) creates a new definition for “employee” by adopting what is commonly known as the “ABC test” instead of the IRS test. To be classified as an independent contractor, not an employee, the person must meet all three of the following factors:
1.  The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for performance of the work and in fact,
2.  The person performs work that is outside the usual course of the hiring entity’s business, AND
3.  The person is customarily engaged in an independently established trade, occupation, or business, of the same nature as that involved in the work performed.


The Chamber testified against this bill in prior years.  The first factor – control - is a key factor in the IRS test.  The second factor causes the most difficulty for the business community.  Swept up in this broad language could be sole proprietors in the field of technology, bookkeeping, cleaning, public relations, driving, elderly care, etc.  It is difficult to imagine all of the potential disciplines that would fall into this category as the work climate evolves with technological advancements.  A current individual independent contractor that reclassifies as an employee under this definition and works for more than one entity, would end up covered by multiple unemployment and workers’ compensation coverages that will never be able to be utilized, wasting precious dollars.  The third factor could require litigation in order to flush out its meaning.  http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0430.pdf




H.5105, An Act Relating to Labor and Labor Relations – Minimum Wage (introduced by
Morales, Speakman, Bennett, Cruz, Henries, Vella-Wilkinson, Stewart, Tanzi, Sanchez) proposes to eliminate the minimum wage uniformity clause that was adopted by the General Assembly in 2014.  At that time, the business community agreed to increase the minimum wage and asked for the uniformity clause in return.  Without the uniformity clause, Rhode Island’s 39 cities and towns could adopt differing wages at different times, leaving businesses with no ability to plan for potential increases in labor costs as well as subjecting them to wage confusion and eventual mistakes. Lastly, the new world order of remote work further complicates the idea of municipal minimum wage adoption. Businesses will have the burden of determining which wage is the correct wage to apply – the business location or the employee’s home.  http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H5015.pdf




H.5589, An Act Relating to Labor and Labor Relations – Minimum Wage (introduced by Morales, Henries, Felix, Kislak, Cruz, Sanchez, Stewart, Potter, Speakman, Handy) increases the minimum wage in years 2026, 2027 and 2028.  Under current law, the minimum wage was raised to $13 an hour as of January 1, 2023.  The law increases the wage to $14 January 1, 2024 and to $15 January 1, 2025.  H.5589 changes the hourly rate in 2025 to $15.50; and then continues the wage increases to $17 as of January 1, 2026, $18.50 an hour January 1, 2027, and to $20 an hour January 1, 2028. http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H5589.pdf




Environmental Bills


H.5600, An Act Relating to Public Property and Works – All Electric Building Act (introduced by Representatives Cortvriend, Potter, Handy, McGaw, Carson, Kislak, Donovan, Speakman, and Cotter) bans municipalities from issuing building permits for any commercial, residential or mixed-use building that is not all electric if the building permit application was submitted after December 31, 2024.  “All electric” means the “building or project shall have no natural gas, propane, or oil heaters, boilers, piping systems, fixtures or infrastructure installed to meet building energy needs.” The bill does contain a waiver option if the municipality finds that the requirement renders the project physically or technologically infeasible, at which point systems could be installed, but only for those operations in the building that cannot be electrified.
Exceptions would be granted to restaurants, hospitals, medical facilities or biolabs.  http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H5600.pdf


H.5549, An Act Relating to Health and Safety – Zero Emission Lawn Care Devices (introduced by Kislak, Ajello) mandates that by January 1, 2025, all lawn care devices sold in the state have zero emissions and that by January 1, 2028, all lawn care devices used in the state have zero emissions.  The bill establishes civil penalties of $50 for the first offense, $100 for the second offense and $500 for a subsequent offense.  Under H.5549, DEM must accept location and date stamped videos from a cellphone or other camera as legal evidence of someone using a prohibited lawn care device after the deadline.  The Office of Energy Resources is authorized to create a rebate program to assist individuals in the purchase of the zero emission devices and to create a trade-in program.  http://webserver.rilegislature.gov/BillText/BillText23/HouseText23/H5549.pdf
Tax Bills


S.232, An Act Relating to Taxation – Personal Income Tax (introduced by Senators Murray, Acosta, Valverde, Euer, DiPalma, Miller, Lawson, Lauria, DiMario, and McKenney) proposes to add an addition 3% tax on incomes over $417,500.  Revenue raised by the tax is earmarked for child care, early learning programs, public education, public colleges and universities, road repair and maintenance and public transportation.  http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0232.pdf


S.243, An Act Relating to Health and Safety – Catastrophic Illness in Children Relief Fund (introduced by Senators Lawson, Murray, Euer, DiMario, Cano, Britto, Lauria, Mack, and Acosta) creates a fund to provide financial assistance to families with children facing catastrophic illnesses. It is meant to assist in covering costs not covered by insurance or by any state or federal programs.  Money for the fund is raised through an employer tax of $1.50 per employee per year.  According to the Department of Labor statistics for December, 2022, total employment in the private sector was 433,700.




Bill Withdrawn – Contractor Liability for Subcontractor Wages


Last week, S.36, An Act Relating to Labor and Labor Relations – Payment of Wages, was withdrawn by the sponsor.  This means S.36 is no longer under consideration by the General Assembly.  The bill can still be introduced under another sponsor at any time, but it would be unusual.  S.36 proposed to create liability for contractors in the event subcontractors failed to pay their employees’ wages or benefits.  The bill also established a private right of action against the general contractor for subcontractor employees.  http://webserver.rilegislature.gov/BillText/BillText23/SenateText23/S0036.pdf




The following new bills have been filed:


House Bill No. 5584  Messier, McNamara, Potter, Diaz, Fellela, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT (Amends the definition of employee to remove apprenticeships and interns and any other individuals pursuant to the provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Section 203 et seq.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5584.pdf 


House Bill No. 5585  Chippendale, J. Brien, Casey, Quattrocchi, Rea, Newberry, Place, Nardone, Noret, Casimiro, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION -- BENEFITS (Requires the employer's workers’ compensation insurance carrier to cover all of an employee’s associated medical expenses from any adverse medical event resulting from the employer mandating that the employee receive the COVID-19 vaccine.)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5585.pdf


House Bill No. 5590  Felix, Morales, McNamara, Kazarian, Kislak, Potter, Alzate, Batista, Henries, Cruz, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES (Commencing 1/1/24, gradually increases the minimum wage for employees receiving gratuities from the current ($3.89) to ($14.95) by 1/1/28 and on 1/1/29 the minimum wage shall be no less than the minimum wage established by the minimum wage law.)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5590.pdf


House Bill No. 5591  Edwards, Bennett, Handy, Craven, Kislak, Shanley, Kazarian, Casimiro, Casey, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PAYMENT OF WAGES (Eliminates repealed statute references and create a mechanism for employees to enforce their existing right to continuation of medical benefits.)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5591.pdf


House Bill No. 5592 Batista, Potter, Alzate, Felix, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- INSPECTION OF PERSONNEL FILES (Amends the definitions of the inspection of personnel files. The act would also amend the penalties by increasing them to not less than five hundred dollars ($500) nor more than twenty-five hundred dollars ($2,500).)  http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5592.pdf


Senate Bill No. 163  Euer, Cano, Goodwin, Gallo, Sosnowski, Lawson, DiMario, Murray, Mack, Kallman, AN ACT RELATING TO PROPERTY -- MORTGAGE FORECLOSURE AND SALE--MEDIATION CONFERENCE (Removes the sunset provision relative to mediation coverage prior to mortgage foreclosures.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0163.pdf


Senate Bill No. 166  Gu, Valverde, DiMario, Euer, Mack, Miller, Murray, Lauria, Ujifusa, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- THE GREEN BUILDINGS ACT (Creates building energy performance standards based on the size of buildings, to achieve, by way of benchmarking and reporting, a statewide analysis of energy use and strategies to increase energy efficiency.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0166.pdf


Senate Bill No. 173  Lawson, DiMario, F. Lombardi, Cano, Britto, Lauria, Mack, Acosta, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- THE COMMUTER TRANSPORTATION BENEFITS ACT (Establishes the commuter transportation benefit chapter. Employers with five hundred (500) or more employees would be required to establish a pre-tax commuter transportation fringe benefit program.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0173.pdf


Senate Bill No. 200  Valverde, Gu, Sosnowski, Lawson, Raptakis, DiMario, Miller, Ujifusa, Mack, AN ACT RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING (Reduces equitable relationships between packaging producers and local governments and communities by establishing the Package Reduction and Recycling Program.)
http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0200.pdf


Senate Bill No. 233  Kallman, Cano, Acosta, Miller, Valverde, Lauria, Bell, Mack, AN ACT RELATING TO TAXATION -- PERSONAL INCOME TAX -- CAPITAL GAINS (Amends the capital gains tax rates and holding period from 5 years to 1 year. Imposes a non-owner occupied tax on homes assessed at more than $1,000,000.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0233.pdf


Senate Bill No. 342  DiMario, Euer, Murray, Gu, Valverde, Lauria, Ujifusa, LaMountain, Lawson, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Prohibits an employer from requiring an employee to execute a nondisclosure agreement or non-disparagement agreement, regarding alleged violations of civil rights or criminal conduct, as a condition of employment.)  http://webserver.rilin.state.ri.us/BillText/BillText23/SenateText23/S0342.pdf

First Phase of the Legislative Session Almost Over
 
The filing of bills occupies most of the energy in the first phase of the legislative session.  That phase will end this Friday and will be followed by a vacation break lasting February 20th through the 24th. The General Assembly then enters phase two of the session with the number of hearings multiplying.  Bills can still be filed during phase two of the session, but the number of daily introductions usually diminishes as the session continues.
 
PUC Begins Natural Gas Use Study Under 2021 Act on Climate
 
Last week the Rhode Island Public Utilities Commission held its first meeting to create a framework and a timeline for implementing the changes that will be necessary in order to meet the requirements of the 2021 Act on Climate – passed into law in 2021.  The Act on Climate mandates a reduction in greenhouse gas emission of 45% by 2030, 80% by 2040 and net zero by 2050.  The targets are mandates.  If the state – which includes all businesses and residents in the state – fail to miss a deadline, anyone can sue the state to enforce the statute.  The Rhode Island Office of Energy Resources (OER) commissioned a study in 2020 which found that in order to meet the 80% reduction requirement, nearly all heating systems must be decarbonized.  The PUC is concerned about the maintanence and replacement of pipes in lieu of the 2021 Act on Climate requirements as well as the potential cost to customers given natural gas is one of the more economical heating systems available.  As Chairman Gerwatowski stated in his opening address, “everything is on the table” including a natural gas moratorium and phase-down in use.
 
The Northern RI Chamber was asked to participate on a PUC panel discussion.  Specifically, the Chamber was asked to share thoughts about what topics need to be addressed in the study.  We provided five items to the Commission: 1. Specifics of what businesses are expected to do and in what timeframe – equipment, heating, business process change requirements; 2. Full transparency surrounding the costs associated with complying with the 2021 Act on Climate as natural gas use is phased down; 3.  Full accounting of the technical resources that will be required in order to carry out mandated changes; 4.  Disclosure of the alternative sources of energy the business community will be asked to use and the reliability of each alternative so that businesses can make appropriate choices; and 5. A plan for natural storm disruption under the alternative energy paradigms. The Chamber pointed out that, in 2020, it requested RI OER to include in its study, a cost estimate for a manufacturing facility, a commercial building and a restaurant; but money was not available to include the extra analysis.  The Chamber asked the PUC to include it in their scope of work.
 
The PUC will be creating stakeholder groups as it continues to move forward in the study process.  The study must be completed this year so that the PUC can submit its plan to the EC4 committee as required under the law.  The EC4 must submit a full plan for complying with the statute by December 31, 2025.
 
 
This Week At the State House
 
Tuesday, February 14th
 
The House Finance Committee is meeting Tuesday at the Rise (approximately 4:30) in Room 35 at the State House.  One topic on the agenda is the Governor’s proposal under Article 5.  The third part of Article 5 makes changes to the demand-side management program.  When originally passed into law, the surcharge on customers’ bills was set for a period of 21 years which means it would sunset in 2028.  Article 5 extends the charge to 2030.  Last year, $5 million was transferred to the RI Infrastructure bank to fund energy efficiency, renewable energy and demand-side management projects.  Article 5 expands the scope of use for that money to include clean transportation, clean heating and energy storage projects.  The Article transfers $4.5 million of the fees collected to the EC4 Committee (Executive Climate Change Coordinating Council).  The 2021 Act on Climate charged the EC4 with developing a plan to reach the emission reduction targets set in statute.  The $4.5 million can be used to develop the plan, invest directly in programs to reduce greenhouse gas emissions, publishing findings and emissions, and support the Climate Justice Workgroup – including “compensation to community participants.”  Lastly, the Article eliminates RI Energy’s performance-based incentives that it received to administer the energy efficiency program.
 
The Senate Finance Committee is also meeting Tuesday at the Rise in the Senate Lounge to take testimony on Article 6, Section 2 of the Governor’s budget.  The Section decreases the minimum corporate tax from $400 a year to $375.  This is estimated to affect 65,000 business entities.
 
Wednesday, February 15th
 
The Governor’s proposals to lower the sales tax from 7% to 6.85% and to eliminate the litter tax is up for discussion Wednesday at 4:00 p.m. in Room 35.  As a reminder, the .15% decrease is estimated to reduce state revenues by $35 million a year.  The litter tax, officially known as the Taxation of Beverage Containers and Hard-To-Dispose Material fee, places a fee on beverage wholesalers (defined as those who engage in the “sale of beverage containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who engages in those sales”).  The fee starts at $25 and can go as high as $1000 per year.  Article 4 eliminates the fee, saving Rhode Island wholesalers just under $1 million.  The Committee will also take testimony on Governor McKee’s Article 6 proposal. Article 6 (1) clarifies that municipalities have the ability to license second-hand metal article sales, (2) exempts local licensing requirements for second-hand consignment good, resale goods, thrift goods and antiques, (3) lowers the minimum corporate tax from $400 to $375, (4) eliminates the trade-in value for trucks and motorcycles from sales tax, and (5) creates a food products donation tax credit.
 
Thursday, February 16th
 
On Thursday at the Rise, both the House and Senate Finance Committees will be discussion Minority Business Enterprise Requirements in contracting (House in Room 35, Senate in the Senate Lounge).  Section 7 of the Article 3 changes the Minority Business Enterprise participation requirement for procurements and construction projects.  Under current law procurement and construction projects must award at least 10% of the dollar value of the entire project to MBE companies. The Article increases the percentage to 15% and further requires that of the 15%, half must go to a woman owned business (7.5%).
 
 
 
The following new bills have been filed:
 
House Bill No. 5425  Kislak, Edwards, Carson, Donovan, Speakman, McGaw, Tanzi, Boylan, Potter, Cortvriend, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- THE GREEN BUILDINGS ACT (Creates building energy performance standards based on the size of buildings, to achieve, by way of benchmarking and reporting, a statewide analysis of energy use and strategies to increase energy efficiency.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5425.pdf
 
House Bill No. 5439  Shanley, Dawson, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- CAUSES OF ACTION (Provides for punitive damages in civil actions where there is willful or wanton conduct or a reckless disregard for health, safety and welfare.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5439.pdf
 
House Bill No. 5440  Solomon, Craven, Dawson, AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES (Adds the doctrine of assumption of risk to the current comparative negligence statute.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5440.pdf
 
House Bill No. 5445  Tanzi, Cortvriend, Kazarian, Hull, J. Lombardi, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Prohibits an employer, employment agency, labor organization, or employee from directly or indirectly committing any act declared to be an unlawful employment practice or the employee or employer may be held personally liable.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5445.pdf
 
House Bill No. 5447  Diaz, Ajello, Edwards, Tanzi, Kennedy, Ackerman, Slater, Shallcross Smith, Morales, Caldwell, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Increases the taxable wage base upon which employees make contributions to the TDI and TCI funds, increases individual benefit rates for lower wage individuals, and creates an opt- in option for self-employed workers.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5447.pdf
 
House Bill No. 5492  Place, Newberry, Nardone, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RIGHT TO EARN A LIVING ACT (Establishes procedures to challenge agency regulations or public service restrictions that prevent persons from entering into businesses, professions or public services unless they serve legitimate public health, safety and welfare objectives.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5492.pdf
 
House Bill No. 5502  McEntee, Bennett, Cortvriend, Knight, Caldwell, McGaw, Fogarty, Potter, Cruz, Kislak, AN ACT RELATING TO HEALTH AND SAFETY -- BEVERAGE CONTAINER DEPOSIT RECYCLING ACT OF 2023 (Establishes a system for the recycling of beverage containers working with the department of environmental management.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5502.pdf
 
House Bill No. 5508  Potter, Baginski, Dawson, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--PROCEDURE (For purposes of liability of third persons for damages relating to claims for workers compensation, provides that reimbursement not be provided for certain damages, and reduces any award by any percentage of the employees comparative negligence.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5508.pdf
 
House Bill No. 5516  Solomon, Edwards, Sanchez, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT (Protects free speech/religious freedom/freedom of assembly rights in the workplace with a civil action to recover compensatory/punitive damages for employer discipline or discharge.)
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5516.pdf
 
House Resolution No. 5527  Morales, HOUSE RESOLUTION RESPECTFULLY REQUESTING THE DEPARTMENT OF ADMINISTRATION TO CONDUCT A STUDY ON THE TECHNICAL AND ECONOMIC OUTCOMES OF DECARBONIZING RHODE ISLAND BY 2030
http://webserver.rilin.state.ri.us/BillText/BillText23/HouseText23/H5527.pdf
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