Section 280-RICR-20-20-5.10 - Priority and Allocation of CreditsA. Limitation 1. No more than fifteen million dollars ($15,000,000) in total may be issued for any calendar year beginning after December 31, 2007 for motion picture tax credits pursuant to R.I. Gen. Laws Chapter 44-31.2 and/or musical and theatrical production tax credits pursuant to R.I. Gen. Laws Chapter 44-31.3. Said credits shall be equally available to motion picture productions and musical and theatrical productions. No specific amount shall be set aside of either type of production.2. Notwithstanding § 5.10(A)(1) of this Part, the tax credit for any motion picture production shall not exceed five million dollars ($5,000,000).3. The tax administrator may issue a waiver of the five million dollar ($5,000,000) tax credit cap provided: a. the production is a feature-length film or television series;b. the requested tax credits do not exceed the remaining portion of the fifteen million dollars ($15,000,000) in total motion picture production company tax credits available for the calendar year; andc. the production company meets all other conditions and requirements under these rules and regulations.4. Credits shall be allocated against the cap established in § 5.10(A)(1) of this Part for the calendar year determined by film office in the initial certification notice.B. In order to comply with the requirements of § 5.10(A)(1) of this Part the film office has developed a "queuing" process, which is an equitable process that will provide applicants some degree of certainty as to what credit amounts will be available to them at the conclusion of a production. This queuing process shall consist of the following: 1. Once a production has been initially certified, the film office will assign a number to that production. Initial numbers are assigned chronologically and are based on the date and time that a production has been initially certified. These productions will be placed in sequence on a "first come, first served" basis. This sequence is also referred to within as the "queue";2. Based upon the applicant's information and availability of credit remaining for the calendar year for which application is made, the film office shall allocate the estimated credit amount to that production;3. This estimated amount will not be allocated to any other production, except as set forth below under "loss of place in the queue";4. If a production a. falls out of "good standing status" with the Secretary of State; orc. declares in writing to the film office that the estimated state certified production costs will not be expended in Rhode Island; ord. fails to meet the deadlines as indicated in § 5.10(B)(5) of this Part, the production will lose its place in the queue, and shall be moved to the end of the queue.5. In order to maintain place in the queue, filming in Rhode Island shall commence before the elapse of sixty (60) days from the intended start date indicated on the initial certification notice. Upon receipt of a written request the director of the film office is allowed to extend that time for an additional thirty (30) days, for good cause shown. Furthermore, in order to continue to be certified, the production's filming shall begin no more than one hundred and eighty (180) days from the start date indicated on the initial certification notice;6. Upon loss of place in the queue, the estimated tax credit, which originally had been assigned to the production, shall be released and made available to other productions in sequence in the queue;7. If, at the time of initial certification, all available tax credits for the calendar year have been claimed or otherwise assigned, a production shall be put at the end of the queue for that calendar year's credit, in the order of the date of initial certification;8. Remaining productions in the queue, which are not qualified for available tax credit in the calendar year in which applied, must indicate in writing to the film office their interest in renewing their applications for the next calendar year's available tax credit. Any renewal request for the succeeding calendar year's available tax credit must be made to the film office on or before December 1st of the calendar year of the original application.280 R.I. Code R. § 280-RICR-20-20-5.10