Projects within each area shall be considered in order of importance as given below:

(a) Facilities which alone or in conjunction with other existing facilities provide comprehensive services for a particular community or communities. (b) Facilities which alone or in conjunction with other existing facilities provide multiple but less than comprehensive services for a particular community or communities. (c) Facilities which provide a single service for a particular community or communities.

APPENDIX A

CHAPTER 152, PUBLIC LAWS OF RHODE ISLAND, 1965

"CHAPTER 15, HEALTH FACILITIES CONSTRUCTION ACT"

"23-15-1. Short title. This chapter may be cited as the "Health facilities construction act."

"23-15-2. Federal funds for survey and planning. Except where a single state agency is otherwise designated or established in accordance with any other state law, the Rhode Island department of health is hereby designated to be the sole agency of the State of Rhode Island and Providence Plantations to establish and administer any state-wide plan for the construction, equipment, maintenance or operation of any facility for the provision of care, treatment, diagnosis, rehabilitation, training or related services, which plan is now, or may hereafter be, required as a condition to the eligibility for benefits under any federal act. The state department of health is also authorized to receive, administer, and expend any funds that may be available under any federal act or from any other source, public or private, for such purposes.

"23-15-3. State advisory council. The governor shall establish a state advisory council or councils and appoint appropriate representatives, including such representatives as are required as a condition of eligibility for benefits under the appropriate federal act or acts, to consult with the director of the state department of health in carrying out the purposes of this act.

"23-15-4. The powers of the director. The director of the state department of health is authorized and empowered to comply with or do any and all other acts or duties necessary or required to be done as a condition to receiving federal aid or grants with respect to the establishment, construction, maintenance, equipping or operation for all the people of the state of adequate facilities and services as specified in section 23-15-2, including, but not limited to, the authority:

(a) to provide for an inventory of existing facilities or a particular category or categories thereof, and to survey the need for additional facilities;

(b) to develop and administer a construction program or programs which, in conjunction with existing facilities, will afford adequate facilities to serve the people of the state;

(c) to provide methods of administration, including personnel standards, on a merit basis, and to require reports, make investigations, and prescribe regulations;

(d) to provide for priority of projects or facilities;

(e) to provide to applicants an opportunity for a fair hearing before the state department of health;

(f) to procure in his discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties; and

(g) to prescribe and require compliance with such standards of maintenance and operation applicable to such facilities as are reasonably necessary to protect the public health, welfare and safety.

"23-15-5. Compensation of council members. Members of such state advisory council or councils, as may be established under section 23-15-3 of this act, while serving on business of the council or councils, shall receive compensation at the rate of twenty-five dollars ($25) per day. The council or councils shall meet as frequently as the director deems necessary, but not less than once each year. "23-15-6. Funds for administration. There is hereby authorized to be appropriated from the state treasury such sums as may be necessary for the purposes of administering this chapter.

23-15-7. Separation of funds. There is hereby authorized to be established, separate and apart from all public monies and funds of this state, such fund or funds as may be needed to comply with the regulations or requirements of such federal act or acts and to be used solely for such purposes as are established under such federal act or acts.

23-15-8. Severability of provisions. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable."

SEC. 2. The following sections are hereby repealed: "23-15-9, "23-15-10, “2315-11, “23-15-12, "23-15-13, "23-15-14, "23-15-15, "23-15-16, “23-15-17, **23-15-18.

SEC. 3. This act shall take effect upon its passage, and all acts or parts of acts inconsistent herewith are hereby repealed.

CHAPTER 23-1, GENERAL LAWS OF RHODE ISLAND, 1956 ENTITLED,
"DEPARTMENT OF HEALTH"

"23-1-16. Receipt and use of federal funds. The State Department of Health shall have authority to receive and expend any funds which may become available from the federal government for public health purposes whenever it is so authorized by the governor. Said Department of Health, with the approval of the governor, shall have authority (1) to meet such federal requirements with respect to the administration of such funds as may be set forth as conditions precedent to receiving such federal funds; (2) to enter into and execute contracts to perform services for which the state may be compensated from the federal government for public health services; and (3) to meet such federal requirements with respect to the execution of such contracts between the federal government and the state.

All monies received by the State Department of Health from any federal agency or department, as provided in this section, shall be paid into the state treasury and shall be for the use of the Department of Health. The monies so received shall be used solely for the purpose or purposes for which the grant or grants shall have been made and for no other purpose. As enacted by Public Law 1964, Chapter 16, Section 1.

APPENDIX B

EXECUTIVE ORDER NO. 20
July 2, 1966

Pursuant to the authority vested in me as Governor of the State of Rhode Island and Providence Plantations by Chapter 152 of the Public Laws of 1965, I hereby establish an Advisory Council on Mental Retardation to advise and consult with the Department of Health concerning Mental Retardation including, without limiting the foregoing, advising and consulting with the Department of Health in the administration of the State Plan for construction of Mental Retardation Facilities.

The Advisory Council on Mental Retardation shall consist of fourteen (14) members as follows: two (2) representatives of state agencies concerned with planning, operation or utilization of facilities pertaining to mentally retarded, such members to serve only during their time in office; seven (7) representatives of non-governmental organizations or groups concerned with education, as pertains to rehabilitation, welfare and health; and five (5) representatives of consumers of the services provided by facilities for the mentally retarded.

Each Council member shall hold office for a term of three (3) years except as otherwise provided herein. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor is appointed, shall be appointed for the remainder of such term. The terms of appointment of present members shall be as follows: of the seven (7) non-governmental members, one (1) shall serve until June 30, 1966; three (3) shall serve until June 30, 1967; and three (3) shall serve until June 30, 1968; of the five (5) consumer representatives one (1) shall serve until June 30, 1966; two (2) shall serve until June 30, 1967; and two (2) shall serve until June 30, 1968. These terms shall count as full terms under the provisions of this executive order. The Chairman of the Council shall be appointed by the Governor.

Executive Order No. 14 establishing a Governor's Advisory Council on Mental Retardation Planning Program is hereby rescinded and superseded by this Executive Order.

JOHN H. CHAFEE, Governor.