Rhode Island 2023 Regular Session

Rhode Island House Bill H6077 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 6077
6	6	========
7	7	LC002465
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC PROPERTY AND WORKS -- HABILITATION PROCURE MENT
16	16	PROGRAM
17	17	Introduced By: Representatives Carson, Casimiro, Kazarian, Cortvriend, Donovan,
18	18	Spears, and Tanzi
19	19	Date Introduced: March 03, 2023
20	20	Referred To: House Labor
21	21	(Governor's Council on Disabilities)
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. The title of Chapter 37-2.4 of the General Laws entitled "Habilitation 1
25	25	Procurement Program" is hereby amended to read as follows: 2
26	26	CHAPTER 37-2.4 3
27	27	Habilitation Procurement Program 4
28	28	CHAPTER 37- 2.4 5
29	29	INTEGRATING WORKERS WITH DISABILITIES INTO THE WORKFORCE 6
30	30	SECTION 2. Sections 37-2.4-1 and 37-2.4-2 of the General Laws in Chapter 37-2.4 entitled 7
31	31	"Habilitation Procurement Program" are hereby amended to read as follows: 8
32	32	37-2.4-1. Definitions. 9
33	33	The words defined in this section have the meanings set forth below whenever they appear 10
34	34	in this chapter, unless context in which they are used clearly requires a different meaning or a 11
35	35	different definition as prescribed for a particular section, group of sections, or provision: 12
36	36	(1) “Board” means the habilitation procurement board created under this section; 13
37	37	(2) “Habilitation facility” means a program that is operated primarily for the purpose of the 14
38	38	employment and training of persons with a disability by a government agency or a qualified 15
39	39	organization, as prime or subcontractors, licensed by the State of Rhode Island providing vocational 16
40	40	rehabilitation to support people with disabilities and: 17
41	41	(i) Maintains an employment ratio of at least forty percent (40%) of the program employees 18
42	42
43	43
44	44	LC002465 - Page 2 of 5
45	45	under the procurement contract in question have severe disabilities; 1
46	46	(ii) Complies with any applicable occupational health and safety standards prescribed by 2
47	47	the United States Department of Labor or, is a supported employment program approved by the 3
48	48	state of Rhode Island office of rehabilitation services, chapter 12 of title 28 ("minimum wages,") 4
49	49	and consent decree case U.S. V. State of Rhode Island, Case No CA14-175 (1:14-cv-00175-L-5
50	50	PAS) and subsequent judicial orders; 6
51	51	(iii) Has its principal place of business in Rhode Island; 7
52	52	(iv) Produces any goods provided under this section in Rhode Island; and 8
53	53	(v) The services provided, in accordance with the provisions of this chapter, are provided 9
54	54	by individuals with the majority being domiciled residents of the state of Rhode Island. 10
55	55	(3) "Integrated employment setting at competitive wages" means any work as defined by 11
56	56	29 U.S.C. 705(5). 12
57	57	(3)(4) “Person with a disability” means any individual who has a severe physical or mental 13
58	58	impairment that constitutes a substantial barrier to employment, as certified by the department of 14
59	59	human services or the department of behavioral healthcare, developmental disabilities and 15
60	60	hospitals. 16
61	61	37-2.4-2. Habilitation procurement board. 17
62	62	(a) There is created the habilitation procurement board within the division of purchasing 18
63	63	and general services of the department of administration. The board shall be composed of the 19
64	64	following five (5) members: 20
65	65	(1) The chief purchasing officer as defined in subdivision 37-2-7(3) or his/her designee; 21
66	66	(2) The director of the department of behavioral healthcare, developmental disabilities and 22
67	67	hospitals created under title 40.1 or his/her designee; 23
68	68	(3) The director of the department of human services created under title 40 or his/her 24
69	69	designee; 25
70	70	(4) A person with a disability who shall be appointed to a three (3) year term by the 26
71	71	governor with the advice and consent of the senate; 27
72	72	(5) A representative of the private business community who shall be appointed to a three 28
73	73	(3) year term by the governor with the advice and consent of the senate; 29
74	74	(b) The board shall meet, as needed, to facilitate the procurement of goods and services 30
75	75	from habilitation facilities by a public procurement unit under this chapter by: 31
76	76	(1) Identifying goods and services that are available as prime or subcontractors from 32
77	77	habilitation facilities as prime or subcontractors according to the requirements under subsections 33
78	78	37-2.4-3(a), (b) and (c); 34
79	79
80	80
81	81	LC002465 - Page 3 of 5
82	82	(2) Helping to ensure that the goods and services are provided at reasonable quality and 1
83	83	delivery levels; 2
84	84	(3) Recommending to the chief purchasing officer prices in accordance with subdivision 3
85	85	37-2.4-3(a)(3) for goods and services that are identified in subdivision (b)(1) of this section; 4
86	86	(4) Developing, maintaining, and recommending to the chief purchasing officer a preferred 5
87	87	procurement contract list of goods and services identified and priced under subdivisions (b)(1) and 6
88	88	(2) of this section; 7
89	89	(5) Reviewing bids received by a habilitation facility and making a recommendation of 8
90	90	contract award to the chief purchasing officer, the awarding authority that will issue the final 9
91	91	purchase order and renew specified contracts for set contract times, without competitive bidding, 10
92	92	for the purchase of goods and services as provided for in § 37-2.4-3; and 11
93	93	(6) Collecting and reporting program data. 12
94	94	(c) The provisions of subsection 37-2.4-2(b) and subdivision 37-2.4-3(1) are an exception 13
95	95	to the procurement provisions under this chapter. 14
96	96	(d) If two (2) or more certified habilitation facilities bid on the solicitation of services, the 15
97	97	purchasing agent, as defined in subdivision 37-2-7(19), of the state agency shall award a contract 16
98	98	to one of the certified habilitation facility based on a competitive price determination. 17
99	99	(e) The board is authorized to create advisory committees to assist it in the performance of 18
100	100	the board’s responsibilities. 19
101	101	SECTION 3. Chapter 37-2.4 of the General Laws entitled "Habilitation Procurement 20
102	102	Program" is hereby amended by adding thereto the following sections: 21
103	103	37-2.4-2.1. Short title and purpose. 22
104	104	This chapter shall be known as the "Integrating workers with disabilities into the workforce 23
105	105	act." The purpose of this chapter is to carry out the state's policy of supporting the fullest possible 24
106	106	participation of persons with disabilities in state funded and state directed public construction, 25
107	107	public projects, in state purchases of goods and services, and prepare workers with disabilities for 26
108	108	an integrated employment with opportunity for advancement. 27
109	109	37-2.4-4. Habilitation facilities participation. 28
110	110	The state's annual goal for the habilitation facilities to participate in state procurements and 29
111	111	construction projects under this chapter shall be no less than three percent (3%) of the total value 30
112	112	of all contracts available to businesses in each fiscal year. The director of the department of 31
113	113	administration is further authorized to establish, by rules and regulation, formulas for giving 32
114	114	disability business enterprises a preference in contract and subcontract awards. 33
115	115	37-2.4-5. Sanctions. 34
116	116
117	117
118	118	LC002465 - Page 4 of 5
119	119	The director of the department of administration shall have the power to impose sanctions 1
120	120	upon contractors not in compliance with this chapter including, but not limited to; 2
121	121	(1) Suspension of payments; 3
122	122	(2) Termination of the contract; 4
123	123	(3) Recovery by the state of ten percent (10%) of the contract award price as liquidated 5
124	124	damages; and 6
125	125	(4) Denial of the right to participate in future projects for up to three (3) years. 7
126	126	37-2.4-6. Reporting. 8
127	127	By August 1, 2022, and each August 1 thereafter, the department of administration shall 9
128	128	submit an annual report to the governor, speaker of the house, senate president, secretary of the 10
129	129	executive office of health and human services, the director of the department of behavioral 11
130	130	healthcare, developmental disabilities, and hospitals and the director of the office of rehabilitation 12
131	131	services for the period from July 1 to June 30 on the actual utilization of habilitation services as 13
132	132	contractors, subcontractors, suppliers, and professional service providers for the state. The annual 14
133	133	report shall include a list of all disability-owned small businesses that participated as contractors, 15
134	134	subcontractors, suppliers, and professional service providers for the state during the previous fiscal 16
135	135	year. 17
136	136	SECTION 4. This act shall take effect upon passage. 18
137	137	========
138	138	LC002465
139	139	========
140	140
141	141
142	142	LC002465 - Page 5 of 5
143	143	EXPLANATION
144	144	BY THE LEGISLATIVE COUNCIL
145	145	OF
146	146	A N A C T
147	147	RELATING TO PUBLIC PROPERTY AND WORKS -- HABILITATION PROCURE MENT
148	148	PROGRAM
149	149	***
150	150	This act would provide that persons with disabilities be afforded participation opportunities 1
151	151	in state funded and state directed public construction projects. 2
152	152	This act would take effect upon passage. 3
153	153	========
154	154	LC002465
155	155	========